MN LEG Commerce, Consumer Omnibus

Published on: May 24, 2024

On May 19, MN LEG passed bill on a range of consumer protections.

  • MN LEG passed bill HF 4757 (companion SF 4782), a commerce policy omnibus bill.
  • consumer protection provisions, including re cannabis sector, established Minnesota Consumer Data Privacy Act, amend provisions re Commerce Dept. assessments, other.
  • Bill Provisions
  • Modified and added various provisions governing the registration, licensing obligations for cannabis providers, enforcement, and its usage for qualifying medical conditions.
  • Provisions re cannabis patient registry, health care practitioner, manufacturer duties.
  • Additionally, provisions applicable to employers re testing, duties and prohibitions.
  • Per MN FIN 58B.051, as of Jan. 1, 2025, a lender must register with Commerce Dept as a lender before providing services in Minnesota, including offering student loans.
  • MN LEG 45.0135 re Dept of Commerce assessment, requires insurers, including surplus lines carriers, that earned premium in prior calendar year, pay an assessment.
  • Assessment is paid by Jun. 1st for deposit in the insurance fraud prevention account.
  • Amount of the assessment shall be based on the insurer's total assets as indicated.
  • Amended MN FIN 62Q.73 on external review of adverse determinations to eliminate $25 fee associated with filing of request for external review previously charged.
  • Minnesota Consumer Data Privacy Act applies to legal entities that conduct business in Minnesota or produce products or services that are targeted to residents in MN.
  • Also that process data for 100,000 consumers or more during the calendar year.
  • Alternatively that derive over 25 percent of gross revenue from the sale of personal data and processes or control the personal data of 25,000 consumers or more.
  • The Act does not apply to certain information, including if it is covered by Health Insurance Portability and Accountability Act of 1996, and related regulations.
  • Legislative History
  • On Mar. 7, 2024, bill introduced in House; on Apr. 18, 2024, amended bill passed.
  • On Mar. 7, 2024, bill introduced in Senate; on May 19, 2024, bill repassed in Senate.
  • Effectiveness
  • Provisions effective various dates, some sections effective day after enactment.
  • May 24, 2024, MN LEG Governor Approval
  • On May 24, 2024, MN LEG reported governor approved HF 4757 as Chapter 121.
Regulators
MN LEG
Entity Types
Bank; CNSM; Corp; Ins
Reference
Ch. 121, 5/24/2024; Bill, HF4757, SF4782, 5/19/2024; Citation: MN FIN 58B.051; MN LEG 45.0135; MN FIN 62Q.73;
Functions
Compliance; Financial; Fraud; Legal; Privacy; Product Administration; Registration/Licensing
Countries
United States of America
Category
State
N/A
Products
Banking; Corporate; Education; Insurance; Insurance-Health; Loan; Surplus Lines
Rule Type
Final
Regions
Am
Rule Date
May 19, 2024
Effective Date
May 25, 2025
Rule ID
236561
Linked to
N/A
Reg. Last Update
May 24, 2025
Report Section
US Consumer