1.1 A bill for an act 1.2 relating to commerce; creating the Minnesota Consumer Financial Protection 1.3 Bureau; appropriating money; amending Minnesota Statutes 2024, sections 10.65, 1.4 subdivision 2; 15A.0815, subdivision 2; 43A.08, subdivision 1a; proposing coding 1.5 for new law as Minnesota Statutes, chapter 45B. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 ARTICLE 1 1.8CREATION OF MINNESOTA CONSUMER FINANCIAL PROTECTION BUREAU 1.9 Section 1. [45B.01] DEFINITIONS. 1.10 Subdivision 1.Application.For purposes of this chapter, the following terms have the 1.11meanings given. 1.12 Subd. 2.Bureau."Bureau" means the Minnesota Consumer Financial Protection Bureau. 1.13 Subd. 3.Commissioner."Commissioner" means the commissioner of the Minnesota 1.14Consumer Financial Protection Bureau. 1.15 Sec. 2. [45B.02] CREATION OF THE MINNESOTA CONSUMER FINANCIAL 1.16PROTECTION BUREAU. 1.17 Subdivision 1.Bureau established.The Minnesota Consumer Financial Protection 1.18Bureau is established. 1.19 Subd. 2.Intention.The bureau's purpose is to provide a single point of accountability 1.20to enforce consumer financial laws and protect consumers in the financial marketplace. 1Article 1 Sec. 2. REVISOR RSI/MI 25-0488803/28/25 State of Minnesota This Document can be made available in alternative formats upon request HOUSE OF REPRESENTATIVES H. F. No. 3293 NINETY-FOURTH SESSION Authored by Howard, Greenman, Moller, Kozlowski, Kraft and others05/05/2025 The bill was read for the first time and referred to the Committee on Commerce Finance and Policy 2.1 Sec. 3. [45B.03] COMMISSIONER. 2.2 Subdivision 1.General.The bureau is under the commissioner's administrative control. 2.3The commissioner is appointed by the governor with the advice and consent of the senate. 2.4The commissioner has the general powers provided in section 15.06, subdivision 6. The 2.5commissioner's salary must be established according to the procedure in sections 15A.0815, 2.6subdivision 2, and 15A.082. 2.7 Subd. 2.Duties of commissioner.The commissioner's duties include: 2.8 (1) identifying and eliminating unfair, deceptive, or abusive acts or practices; supervising 2.9companies; and enforcing the law; 2.10 (2) enforcing laws that outlaw discrimination in consumer finance; 2.11 (3) accepting and investigating consumer complaints; 2.12 (4) enhancing financial education; 2.13 (5) researching consumers' experience using financial products; and 2.14 (6) monitoring financial markets for new risks to consumers. 2.15 Sec. 4. [45B.04] RULEMAKING. 2.16 The commissioner may adopt rules to administer activities related to the bureau. Rules 2.17adopted under this section are subject to the rulemaking requirements of chapter 14. 2.18 Sec. 5. RECRUITING EMPLOYEES. 2.19 The commissioner of the Minnesota Consumer Financial Protection Bureau must work 2.20to recruit investigators with experience working at the federal Consumer Financial Protection 2.21Bureau and that have expertise in banking, student loan servicing, mortgages, auto lending, 2.22and other financial products. 2.23 Sec. 6. APPROPRIATIONS. 2.24 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general 2.25fund to the commissioner of the Minnesota Consumer Financial Protection Bureau for the 2.26operation and administration of the bureau. 2Article 1 Sec. 6. REVISOR RSI/MI 25-0488803/28/25 3.1 ARTICLE 2 3.2 CROSS-REFERENCING THE MINNESOTA CONSUMER FINANCIAL 3.3 PROTECTION BUREAU 3.4 Section 1. Minnesota Statutes 2024, section 10.65, subdivision 2, is amended to read: 3.5 Subd. 2.Definitions.As used in this section, the following terms have the meanings 3.6given: 3.7 (1) "agency" means the Department of Administration; Department of Agriculture; 3.8Department of Children, Youth, and Families; Department of Commerce; Department of 3.9Corrections; Department of Education; Department of Employment and Economic 3.10Development; Department of Health; Office of Higher Education; Housing Finance Agency; 3.11Department of Human Rights; Department of Human Services; Department of Information 3.12Technology Services; Department of Iron Range Resources and Rehabilitation; Department 3.13of Labor and Industry; Minnesota Management and Budget; Bureau of Mediation Services; 3.14Department of Military Affairs; Minnesota Consumer Financial Protection Bureau; 3.15Metropolitan Council; Department of Natural Resources; Pollution Control Agency; 3.16Department of Public Safety; Department of Revenue; Department of Transportation; 3.17Department of Veterans Affairs; Direct Care and Treatment; Gambling Control Board; 3.18Racing Commission; the Minnesota Lottery; the Animal Health Board; the Public Utilities 3.19Commission; and the Board of Water and Soil Resources; 3.20 (2) "consultation" means the direct and interactive involvement of the Minnesota Tribal 3.21governments in the development of policy on matters that have Tribal implications. 3.22Consultation is the proactive, affirmative process of identifying and seeking input from 3.23appropriate Tribal governments and considering their interest as a necessary and integral 3.24part of the decision-making process. This definition adds to statutorily mandated notification 3.25procedures. During a consultation, the burden is on the agency to show that it has made a 3.26good faith effort to elicit feedback. Consultation is a formal engagement between agency 3.27officials and the governing body or bodies of an individual Minnesota Tribal government 3.28that the agency or an individual Tribal government may initiate. Formal meetings or 3.29communication between top agency officials and the governing body of a Minnesota Tribal 3.30government is a necessary element of consultation; 3.31 (3) "matters that have Tribal implications" means rules, legislative proposals, policy 3.32statements, or other actions that have substantial direct effects on one or more Minnesota 3.33Tribal governments, or on the distribution of power and responsibilities between the state 3.34and Minnesota Tribal governments; 3Article 2 Section 1. REVISOR RSI/MI 25-0488803/28/25 4.1 (4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located 4.2in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech 4.3Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian 4.4Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community; 4.5and Upper Sioux Community; and 4.6 (5) "timely and meaningful" means done or occurring at a favorable or useful time that 4.7allows the result of consultation to be included in the agency's decision-making process for 4.8a matter that has Tribal implications. 4.9 Sec. 2. Minnesota Statutes 2024, section 15A.0815, subdivision 2, is amended to read: 4.10 Subd. 2.Agency head salaries.The salary for a position listed in this subdivision shall 4.11be determined by the Compensation Council under section 15A.082. The commissioner of 4.12management and budget must publish the salaries on the department's website. This 4.13subdivision applies to the following positions: 4.14 Commissioner of administration; 4.15 Commissioner of agriculture; 4.16 Commissioner of education; 4.17 Commissioner of children, youth, and families; 4.18 Commissioner of commerce; 4.19 Commissioner of corrections; 4.20 Commissioner of health; 4.21 Commissioner, Minnesota Consumer Financial Protection Bureau; 4.22 Commissioner, Minnesota Office of Higher Education; 4.23 Commissioner, Minnesota IT Services; 4.24 Commissioner, Housing Finance Agency; 4.25 Commissioner of human rights; 4.26 Commissioner of human services; 4.27 Commissioner of labor and industry; 4.28 Commissioner of management and budget; 4.29 Commissioner of natural resources; 4Article 2 Sec. 2. REVISOR RSI/MI 25-0488803/28/25 5.1 Commissioner, Pollution Control Agency; 5.2 Commissioner of public safety; 5.3 Commissioner of revenue; 5.4 Commissioner of employment and economic development; 5.5 Commissioner of transportation; 5.6 Commissioner of veterans affairs; 5.7 Executive director of the Gambling Control Board; 5.8 Executive director of the Minnesota State Lottery; 5.9 Executive director of the Office of Cannabis Management; 5.10 Commissioner of Iron Range resources and rehabilitation; 5.11 Commissioner, Bureau of Mediation Services; 5.12 Ombudsman for mental health and developmental disabilities; 5.13 Ombudsperson for corrections; 5.14 Chair, Metropolitan Council; 5.15 Chair, Metropolitan Airports Commission; 5.16 School trust lands director; 5.17 Executive director of pari-mutuel racing; 5.18 Commissioner, Public Utilities Commission; 5.19 Chief Executive Officer, Direct Care and Treatment; and 5.20 Director of the Office of Emergency Medical Services. 5.21 Sec. 3. Minnesota Statutes 2024, section 43A.08, subdivision 1a, is amended to read: 5.22 Subd. 1a.Additional unclassified positions.Appointing authorities for the following 5.23agencies may designate additional unclassified positions according to this subdivision: the 5.24Departments of Administration; Agriculture; Children, Youth, and Families; Commerce; 5.25Corrections; Education; Employment and Economic Development; Explore Minnesota 5.26Tourism; Management and Budget; Health; Human Rights; Human Services; Labor and 5.27Industry; Natural Resources; Public Safety; Revenue; Transportation; and Veterans Affairs; 5.28the Housing Finance and Pollution Control Agencies; the State Lottery; the State Board of 5.29Investment; the Office of Administrative Hearings; the Department of Information 5Article 2 Sec. 3. REVISOR RSI/MI 25-0488803/28/25 6.1Technology Services; the Minnesota Consumer Financial Protection Bureau; the Offices 6.2of the Attorney General, Secretary of State, and State Auditor; the Minnesota State Colleges 6.3and Universities; the Minnesota Office of Higher Education; the Perpich Center for Arts 6.4Education; Direct Care and Treatment; the Minnesota Zoological Board; and the Office of 6.5Emergency Medical Services. 6.6 A position designated by an appointing authority according to this subdivision must 6.7meet the following standards and criteria: 6.8 (1) the designation of the position would not be contrary to other law relating specifically 6.9to that agency; 6.10 (2) the person occupying the position would report directly to the agency head or deputy 6.11agency head and would be designated as part of the agency head's management team; 6.12 (3) the duties of the position would involve significant discretion and substantial 6.13involvement in the development, interpretation, and implementation of agency policy; 6.14 (4) the duties of the position would not require primarily personnel, accounting, or other 6.15technical expertise where continuity in the position would be important; 6.16 (5) there would be a need for the person occupying the position to be accountable to, 6.17loyal to, and compatible with, the governor and the agency head, the employing statutory 6.18board or commission, or the employing constitutional officer; 6.19 (6) the position would be at the level of division or bureau director or assistant to the 6.20agency head; and 6.21 (7) the commissioner has approved the designation as being consistent with the standards 6.22and criteria in this subdivision. 6Article 2 Sec. 3. REVISOR RSI/MI 25-0488803/28/25 Page.Ln 1.7 CREATION OF MINNESOTA CONSUMER FINANCIAL PROTECTION BUREAU......................................................................ARTICLE 1 Page.Ln 3.1 CROSS-REFERENCING THE MINNESOTA CONSUMER FINANCIAL PROTECTION BUREAU...............................................ARTICLE 2 1 APPENDIX Article locations for 25-04888