Minnesota 2025-2026 Regular Session

Minnesota House Bill HF3293 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to commerce; creating the Minnesota Consumer Financial Protection​
33 1.3 Bureau; appropriating money; amending Minnesota Statutes 2024, sections 10.65,​
44 1.4 subdivision 2; 15A.0815, subdivision 2; 43A.08, subdivision 1a; proposing coding​
55 1.5 for new law as Minnesota Statutes, chapter 45B.​
66 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
77 1.7 ARTICLE 1​
88 1.8CREATION OF MINNESOTA CONSUMER FINANCIAL PROTECTION BUREAU​
99 1.9 Section 1. [45B.01] DEFINITIONS.​
1010 1.10 Subdivision 1.Application.For purposes of this chapter, the following terms have the​
1111 1.11meanings given.​
1212 1.12 Subd. 2.Bureau."Bureau" means the Minnesota Consumer Financial Protection Bureau.​
1313 1.13 Subd. 3.Commissioner."Commissioner" means the commissioner of the Minnesota​
1414 1.14Consumer Financial Protection Bureau.​
1515 1.15 Sec. 2. [45B.02] CREATION OF THE MINNESOTA CONSUMER FINANCIAL​
1616 1.16PROTECTION BUREAU.​
1717 1.17 Subdivision 1.Bureau established.The Minnesota Consumer Financial Protection​
1818 1.18Bureau is established.​
1919 1.19 Subd. 2.Intention.The bureau's purpose is to provide a single point of accountability​
2020 1.20to enforce consumer financial laws and protect consumers in the financial marketplace.​
2121 1​Article 1 Sec. 2.​
2222 REVISOR RSI/MI 25-04888​03/28/25 ​
2323 State of Minnesota​
2424 This Document can be made available​
2525 in alternative formats upon request​
2626 HOUSE OF REPRESENTATIVES​
2727 H. F. No. 3293​
2828 NINETY-FOURTH SESSION​
2929 Authored by Howard, Greenman, Moller, Kozlowski, Kraft and others​05/05/2025​
3030 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.​
3131 2.2 Subdivision 1.General.The bureau is under the commissioner's administrative control.​
3232 2.3The commissioner is appointed by the governor with the advice and consent of the senate.​
3333 2.4The commissioner has the general powers provided in section 15.06, subdivision 6. The​
3434 2.5commissioner's salary must be established according to the procedure in sections 15A.0815,​
3535 2.6subdivision 2, and 15A.082.​
3636 2.7 Subd. 2.Duties of commissioner.The commissioner's duties include:​
3737 2.8 (1) identifying and eliminating unfair, deceptive, or abusive acts or practices; supervising​
3838 2.9companies; and enforcing the law;​
3939 2.10 (2) enforcing laws that outlaw discrimination in consumer finance;​
4040 2.11 (3) accepting and investigating consumer complaints;​
4141 2.12 (4) enhancing financial education;​
4242 2.13 (5) researching consumers' experience using financial products; and​
4343 2.14 (6) monitoring financial markets for new risks to consumers.​
4444 2.15 Sec. 4. [45B.04] RULEMAKING.​
4545 2.16 The commissioner may adopt rules to administer activities related to the bureau. Rules​
4646 2.17adopted under this section are subject to the rulemaking requirements of chapter 14.​
4747 2.18 Sec. 5. RECRUITING EMPLOYEES.​
4848 2.19 The commissioner of the Minnesota Consumer Financial Protection Bureau must work​
4949 2.20to recruit investigators with experience working at the federal Consumer Financial Protection​
5050 2.21Bureau and that have expertise in banking, student loan servicing, mortgages, auto lending,​
5151 2.22and other financial products.​
5252 2.23 Sec. 6. APPROPRIATIONS.​
5353 2.24 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general​
5454 2.25fund to the commissioner of the Minnesota Consumer Financial Protection Bureau for the​
5555 2.26operation and administration of the bureau.​
5656 2​Article 1 Sec. 6.​
5757 REVISOR RSI/MI 25-04888​03/28/25 ​ 3.1 ARTICLE 2​
5858 3.2 CROSS-REFERENCING THE MINNESOTA CONSUMER FINANCIAL​
5959 3.3 PROTECTION BUREAU​
6060 3.4 Section 1. Minnesota Statutes 2024, section 10.65, subdivision 2, is amended to read:​
6161 3.5 Subd. 2.Definitions.As used in this section, the following terms have the meanings​
6262 3.6given:​
6363 3.7 (1) "agency" means the Department of Administration; Department of Agriculture;​
6464 3.8Department of Children, Youth, and Families; Department of Commerce; Department of​
6565 3.9Corrections; Department of Education; Department of Employment and Economic​
6666 3.10Development; Department of Health; Office of Higher Education; Housing Finance Agency;​
6767 3.11Department of Human Rights; Department of Human Services; Department of Information​
6868 3.12Technology Services; Department of Iron Range Resources and Rehabilitation; Department​
6969 3.13of Labor and Industry; Minnesota Management and Budget; Bureau of Mediation Services;​
7070 3.14Department of Military Affairs; Minnesota Consumer Financial Protection Bureau;​
7171 3.15Metropolitan Council; Department of Natural Resources; Pollution Control Agency;​
7272 3.16Department of Public Safety; Department of Revenue; Department of Transportation;​
7373 3.17Department of Veterans Affairs; Direct Care and Treatment; Gambling Control Board;​
7474 3.18Racing Commission; the Minnesota Lottery; the Animal Health Board; the Public Utilities​
7575 3.19Commission; and the Board of Water and Soil Resources;​
7676 3.20 (2) "consultation" means the direct and interactive involvement of the Minnesota Tribal​
7777 3.21governments in the development of policy on matters that have Tribal implications.​
7878 3.22Consultation is the proactive, affirmative process of identifying and seeking input from​
7979 3.23appropriate Tribal governments and considering their interest as a necessary and integral​
8080 3.24part of the decision-making process. This definition adds to statutorily mandated notification​
8181 3.25procedures. During a consultation, the burden is on the agency to show that it has made a​
8282 3.26good faith effort to elicit feedback. Consultation is a formal engagement between agency​
8383 3.27officials and the governing body or bodies of an individual Minnesota Tribal government​
8484 3.28that the agency or an individual Tribal government may initiate. Formal meetings or​
8585 3.29communication between top agency officials and the governing body of a Minnesota Tribal​
8686 3.30government is a necessary element of consultation;​
8787 3.31 (3) "matters that have Tribal implications" means rules, legislative proposals, policy​
8888 3.32statements, or other actions that have substantial direct effects on one or more Minnesota​
8989 3.33Tribal governments, or on the distribution of power and responsibilities between the state​
9090 3.34and Minnesota Tribal governments;​
9191 3​Article 2 Section 1.​
9292 REVISOR RSI/MI 25-04888​03/28/25 ​ 4.1 (4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located​
9393 4.2in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech​
9494 4.3Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian​
9595 4.4Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community;​
9696 4.5and Upper Sioux Community; and​
9797 4.6 (5) "timely and meaningful" means done or occurring at a favorable or useful time that​
9898 4.7allows the result of consultation to be included in the agency's decision-making process for​
9999 4.8a matter that has Tribal implications.​
100100 4.9 Sec. 2. Minnesota Statutes 2024, section 15A.0815, subdivision 2, is amended to read:​
101101 4.10 Subd. 2.Agency head salaries.The salary for a position listed in this subdivision shall​
102102 4.11be determined by the Compensation Council under section 15A.082. The commissioner of​
103103 4.12management and budget must publish the salaries on the department's website. This​
104104 4.13subdivision applies to the following positions:​
105105 4.14 Commissioner of administration;​
106106 4.15 Commissioner of agriculture;​
107107 4.16 Commissioner of education;​
108108 4.17 Commissioner of children, youth, and families;​
109109 4.18 Commissioner of commerce;​
110110 4.19 Commissioner of corrections;​
111111 4.20 Commissioner of health;​
112112 4.21 Commissioner, Minnesota Consumer Financial Protection Bureau;​
113113 4.22 Commissioner, Minnesota Office of Higher Education;​
114114 4.23 Commissioner, Minnesota IT Services;​
115115 4.24 Commissioner, Housing Finance Agency;​
116116 4.25 Commissioner of human rights;​
117117 4.26 Commissioner of human services;​
118118 4.27 Commissioner of labor and industry;​
119119 4.28 Commissioner of management and budget;​
120120 4.29 Commissioner of natural resources;​
121121 4​Article 2 Sec. 2.​
122122 REVISOR RSI/MI 25-04888​03/28/25 ​ 5.1 Commissioner, Pollution Control Agency;​
123123 5.2 Commissioner of public safety;​
124124 5.3 Commissioner of revenue;​
125125 5.4 Commissioner of employment and economic development;​
126126 5.5 Commissioner of transportation;​
127127 5.6 Commissioner of veterans affairs;​
128128 5.7 Executive director of the Gambling Control Board;​
129129 5.8 Executive director of the Minnesota State Lottery;​
130130 5.9 Executive director of the Office of Cannabis Management;​
131131 5.10 Commissioner of Iron Range resources and rehabilitation;​
132132 5.11 Commissioner, Bureau of Mediation Services;​
133133 5.12 Ombudsman for mental health and developmental disabilities;​
134134 5.13 Ombudsperson for corrections;​
135135 5.14 Chair, Metropolitan Council;​
136136 5.15 Chair, Metropolitan Airports Commission;​
137137 5.16 School trust lands director;​
138138 5.17 Executive director of pari-mutuel racing;​
139139 5.18 Commissioner, Public Utilities Commission;​
140140 5.19 Chief Executive Officer, Direct Care and Treatment; and​
141141 5.20 Director of the Office of Emergency Medical Services.​
142142 5.21 Sec. 3. Minnesota Statutes 2024, section 43A.08, subdivision 1a, is amended to read:​
143143 5.22 Subd. 1a.Additional unclassified positions.Appointing authorities for the following​
144144 5.23agencies may designate additional unclassified positions according to this subdivision: the​
145145 5.24Departments of Administration; Agriculture; Children, Youth, and Families; Commerce;​
146146 5.25Corrections; Education; Employment and Economic Development; Explore Minnesota​
147147 5.26Tourism; Management and Budget; Health; Human Rights; Human Services; Labor and​
148148 5.27Industry; Natural Resources; Public Safety; Revenue; Transportation; and Veterans Affairs;​
149149 5.28the Housing Finance and Pollution Control Agencies; the State Lottery; the State Board of​
150150 5.29Investment; the Office of Administrative Hearings; the Department of Information​
151151 5​Article 2 Sec. 3.​
152152 REVISOR RSI/MI 25-04888​03/28/25 ​ 6.1Technology Services; the Minnesota Consumer Financial Protection Bureau; the Offices​
153153 6.2of the Attorney General, Secretary of State, and State Auditor; the Minnesota State Colleges​
154154 6.3and Universities; the Minnesota Office of Higher Education; the Perpich Center for Arts​
155155 6.4Education; Direct Care and Treatment; the Minnesota Zoological Board; and the Office of​
156156 6.5Emergency Medical Services.​
157157 6.6 A position designated by an appointing authority according to this subdivision must​
158158 6.7meet the following standards and criteria:​
159159 6.8 (1) the designation of the position would not be contrary to other law relating specifically​
160160 6.9to that agency;​
161161 6.10 (2) the person occupying the position would report directly to the agency head or deputy​
162162 6.11agency head and would be designated as part of the agency head's management team;​
163163 6.12 (3) the duties of the position would involve significant discretion and substantial​
164164 6.13involvement in the development, interpretation, and implementation of agency policy;​
165165 6.14 (4) the duties of the position would not require primarily personnel, accounting, or other​
166166 6.15technical expertise where continuity in the position would be important;​
167167 6.16 (5) there would be a need for the person occupying the position to be accountable to,​
168168 6.17loyal to, and compatible with, the governor and the agency head, the employing statutory​
169169 6.18board or commission, or the employing constitutional officer;​
170170 6.19 (6) the position would be at the level of division or bureau director or assistant to the​
171171 6.20agency head; and​
172172 6.21 (7) the commissioner has approved the designation as being consistent with the standards​
173173 6.22and criteria in this subdivision.​
174174 6​Article 2 Sec. 3.​
175175 REVISOR RSI/MI 25-04888​03/28/25 ​ Page.Ln 1.7​
176176 CREATION OF MINNESOTA CONSUMER FINANCIAL​
177177 PROTECTION BUREAU......................................................................ARTICLE 1​
178178 Page.Ln 3.1​
179179 CROSS-REFERENCING THE MINNESOTA CONSUMER​
180180 FINANCIAL PROTECTION BUREAU...............................................ARTICLE 2​
181181 1​
182182 APPENDIX​
183183 Article locations for 25-04888​