Minnesota 2025 2025-2026 Regular Session

Minnesota House Bill HF3293 Introduced / Bill

Filed 05/01/2025

                    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.​
1​Article 1 Sec. 2.​
REVISOR RSI/MI 25-04888​03/28/25 ​
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 others​05/05/2025​
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.​
2​Article 1 Sec. 6.​
REVISOR RSI/MI 25-04888​03/28/25 ​ 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;​
3​Article 2 Section 1.​
REVISOR RSI/MI 25-04888​03/28/25 ​ 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;​
4​Article 2 Sec. 2.​
REVISOR RSI/MI 25-04888​03/28/25 ​ 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​
5​Article 2 Sec. 3.​
REVISOR RSI/MI 25-04888​03/28/25 ​ 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.​
6​Article 2 Sec. 3.​
REVISOR RSI/MI 25-04888​03/28/25 ​ 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​