Bill Text: MN SF1869 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Public safety outreach and victims of economic crimes initiatives establishment; identity theft passport authorization
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-25 - Referred to Judiciary [SF1869 Detail]
Download: Minnesota-2013-SF1869-Introduced.html
1.2relating to public safety; aiding victims of economic crimes; providing public
1.3outreach initiatives; authorizing an identity theft passport;amending Minnesota
1.4Statutes 2012, section 299A.681, subdivisions 3, 8; proposing coding for new
1.5law in Minnesota Statutes, chapter 299A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 299A.681, subdivision 3, is amended to
1.8read:
1.9 Subd. 3. Duties. The advisory board shall offer advice to the commissioner on the
1.10development of an overall strategy to ameliorate the harm caused to the public by identity
1.11theft and financial crime within Minnesota. The strategy may include the development of
1.12protocols and procedures to investigate financial crimes and a structure for best addressing
1.13these issues on a statewide basis and in a multijurisdictional manner. The commissioner
1.14shall:
1.15(1) establish a multijurisdictional statewide Minnesota Financial Crimes Task Force
1.16to investigate major financial crimes;
1.17(2) with advice from the advisory board, select a statewide commander of the task
1.18force who serves at the pleasure of the commissioner;
1.19(3) develop an objective grant review application process that is free from conflicts
1.20of interest;
1.21(4) with advice from the advisory board, issue grants to support efforts to combat
1.22identity theft and financial crime;
1.23(5) with advice from the advisory board, assist law enforcement agencies and victims
1.24in developing a process to collect and share information to improve the investigation and
1.25prosecution of identity theft and financial crime;
2.1(6) with advice from the advisory board, develop and approve an operational budget
2.2for the office of the statewide commander and the Minnesota Financial Crimes Task
2.3Force;and
2.4(7) with advice from the advisory board, develop and implement a comprehensive
2.5process through the victims assistance program to assist victims of identity theft crimes to:
2.6(i) report these crimes to the appropriate state and federal authorities; and
2.7(ii) protect, correct, and restore their financial accounts, personal and credit
2.8information, identities, and privacy; and
2.9(8) enter into any contracts necessary to establish and maintain a relationship with
2.10retailers, financial institutions, and other businesses to deal effectively with identity theft
2.11and financial crime.
2.12 The task force described in clause (1) may consist of members from local law
2.13enforcement agencies, federal law enforcement agencies, state and federal prosecutors'
2.14offices, and representatives from retail businesses, financial institutions, and not-for-profit
2.15organizations.
2.16 Sec. 2. Minnesota Statutes 2012, section 299A.681, subdivision 8, is amended to read:
2.17 Subd. 8. Victims assistance program. (a) The commissionermay shall establish a
2.18victims' assistance program to assist victims of economic crimes and provide prevention
2.19and awareness programs. The commissioner may retain the services of not-for-profit
2.20organizations to assist in the development and delivery systems in aiding victims of
2.21financial crime. The program may not provide any financial assistance to victims, but
2.22may shall assist victims in obtaining police assistance and advise victims in how to
2.23protect personal accounts and identities. The program shall assist identity theft victims
2.24in obtaining identity theft passports under section 299A.682. Servicesmay must include
2.25a victim toll-free telephone number, fax number, Web site, Monday through Friday
2.26telephone service, e-mail response, and interfaces to other helpful Web sites. Victims'
2.27information compiledare is governed under chapter 13. The commissioner shall post or
2.28communicate, through public service announcements in newspapers, radio, television,
2.29cable access, billboards, Internet, Web sites, and other normal advertising channels, the
2.30victim toll-free telephone number, fax number, Web site address, e-mail address of the
2.31victims assistance program, and the specific types of assistance that the program provides.
2.32(b) The commissioner may post or communicate, through public service
2.33announcements in newspapers, radio, television, cable access, billboards, Internet, Web
2.34sites, and other normal advertising channels, a financial reward of up to $2,000 for
2.35tips leading to the apprehension and successful prosecution of individuals committing
3.1economic crime. All rewards must be approved by the commissioner. The release of
3.2funds must be made to an individual whose information leads to the apprehension and
3.3prosecution of offenders committing economic or financial crimes against citizens or
3.4businesses in Minnesota. All rewards paid to an individual must be reported to the
3.5Department of Revenue along with the individual's Social Security number.
3.6 Sec. 3. [299A.682] IDENTITY THEFT PASSPORT.
3.7 Subdivision 1. Authorization and requirements. The commissioner, in
3.8cooperation with any law enforcement agency, may issue an identity theft passport to a
3.9person who meets both of the following requirements:
3.10(1) is a victim of identity theft in this state as described in section 609.527; and
3.11(2) has filed a police report with any law enforcement agency citing that the person
3.12is a victim of identity theft.
3.13 Subd. 2. Application. A victim who has filed a report of identity theft with a law
3.14enforcement agency may apply for an identity theft passport through the law enforcement
3.15agency. The law enforcement agency shall send a copy of the police report and the
3.16application to the commissioner, who shall process the application and supporting report
3.17and may issue the victim an identity theft passport in the form of a card or certificate.
3.18 Subd. 3. Use. A victim of identity theft issued an identity theft passport may present
3.19the passport to either of the following:
3.20(1) a law enforcement agency, to help prevent the victim's arrest or detention for an
3.21offense committed by someone other than the victim who is using the victim's identity; or
3.22(2) a creditor of the victim, to aid in the creditor's investigation and establishment of
3.23whether fraudulent charges were made against accounts in the victim's name or whether
3.24accounts were opened using the victim's identity.
3.25 Subd. 4. Acceptance. A law enforcement agency or creditor may accept an identity
3.26theft passport issued pursuant to this section and presented by a victim at the discretion
3.27of the law enforcement agency or creditor. A law enforcement agency or creditor may
3.28consider the surrounding circumstances and available information regarding the offense
3.29of identity theft pertaining to the victim.
3.30 Subd. 5. Classification of data. An application made with the commissioner under
3.31subdivision 2, including any supporting documentation, is classified as private data on
3.32individuals under chapter 13.
3.33 Subd. 6. Rulemaking. The commissioner shall adopt rules necessary to implement
3.34this section, including a procedure by which the commissioner shall ensure that an identity
4.1theft passport applicant has an identity theft claim that is legitimate and adequately
4.2substantiated.
1.3outreach initiatives; authorizing an identity theft passport;amending Minnesota
1.4Statutes 2012, section 299A.681, subdivisions 3, 8; proposing coding for new
1.5law in Minnesota Statutes, chapter 299A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 299A.681, subdivision 3, is amended to
1.8read:
1.9 Subd. 3. Duties. The advisory board shall offer advice to the commissioner on the
1.10development of an overall strategy to ameliorate the harm caused to the public by identity
1.11theft and financial crime within Minnesota. The strategy may include the development of
1.12protocols and procedures to investigate financial crimes and a structure for best addressing
1.13these issues on a statewide basis and in a multijurisdictional manner. The commissioner
1.14shall:
1.15(1) establish a multijurisdictional statewide Minnesota Financial Crimes Task Force
1.16to investigate major financial crimes;
1.17(2) with advice from the advisory board, select a statewide commander of the task
1.18force who serves at the pleasure of the commissioner;
1.19(3) develop an objective grant review application process that is free from conflicts
1.20of interest;
1.21(4) with advice from the advisory board, issue grants to support efforts to combat
1.22identity theft and financial crime;
1.23(5) with advice from the advisory board, assist law enforcement agencies and victims
1.24in developing a process to collect and share information to improve the investigation and
1.25prosecution of identity theft and financial crime;
2.1(6) with advice from the advisory board, develop and approve an operational budget
2.2for the office of the statewide commander and the Minnesota Financial Crimes Task
2.3Force;
2.4(7) with advice from the advisory board, develop and implement a comprehensive
2.5process through the victims assistance program to assist victims of identity theft crimes to:
2.6(i) report these crimes to the appropriate state and federal authorities; and
2.7(ii) protect, correct, and restore their financial accounts, personal and credit
2.8information, identities, and privacy; and
2.9(8) enter into any contracts necessary to establish and maintain a relationship with
2.10retailers, financial institutions, and other businesses to deal effectively with identity theft
2.11and financial crime.
2.12 The task force described in clause (1) may consist of members from local law
2.13enforcement agencies, federal law enforcement agencies, state and federal prosecutors'
2.14offices, and representatives from retail businesses, financial institutions, and not-for-profit
2.15organizations.
2.16 Sec. 2. Minnesota Statutes 2012, section 299A.681, subdivision 8, is amended to read:
2.17 Subd. 8. Victims assistance program. (a) The commissioner
2.18
2.19and awareness programs. The commissioner may retain the services of not-for-profit
2.20organizations to assist in the development and delivery systems in aiding victims of
2.21financial crime. The program may not provide any financial assistance to victims, but
2.22
2.23protect personal accounts and identities. The program shall assist identity theft victims
2.24in obtaining identity theft passports under section 299A.682. Services
2.25a victim toll-free telephone number, fax number, Web site, Monday through Friday
2.26telephone service, e-mail response, and interfaces to other helpful Web sites. Victims'
2.27information compiled
2.28communicate, through public service announcements in newspapers, radio, television,
2.29cable access, billboards, Internet, Web sites, and other normal advertising channels, the
2.30victim toll-free telephone number, fax number, Web site address, e-mail address of the
2.31victims assistance program, and the specific types of assistance that the program provides.
2.32(b) The commissioner may post or communicate, through public service
2.33announcements in newspapers, radio, television, cable access, billboards, Internet, Web
2.34sites, and other normal advertising channels, a financial reward of up to $2,000 for
2.35tips leading to the apprehension and successful prosecution of individuals committing
3.1economic crime. All rewards must be approved by the commissioner. The release of
3.2funds must be made to an individual whose information leads to the apprehension and
3.3prosecution of offenders committing economic or financial crimes against citizens or
3.4businesses in Minnesota. All rewards paid to an individual must be reported to the
3.5Department of Revenue along with the individual's Social Security number.
3.6 Sec. 3. [299A.682] IDENTITY THEFT PASSPORT.
3.7 Subdivision 1. Authorization and requirements. The commissioner, in
3.8cooperation with any law enforcement agency, may issue an identity theft passport to a
3.9person who meets both of the following requirements:
3.10(1) is a victim of identity theft in this state as described in section 609.527; and
3.11(2) has filed a police report with any law enforcement agency citing that the person
3.12is a victim of identity theft.
3.13 Subd. 2. Application. A victim who has filed a report of identity theft with a law
3.14enforcement agency may apply for an identity theft passport through the law enforcement
3.15agency. The law enforcement agency shall send a copy of the police report and the
3.16application to the commissioner, who shall process the application and supporting report
3.17and may issue the victim an identity theft passport in the form of a card or certificate.
3.18 Subd. 3. Use. A victim of identity theft issued an identity theft passport may present
3.19the passport to either of the following:
3.20(1) a law enforcement agency, to help prevent the victim's arrest or detention for an
3.21offense committed by someone other than the victim who is using the victim's identity; or
3.22(2) a creditor of the victim, to aid in the creditor's investigation and establishment of
3.23whether fraudulent charges were made against accounts in the victim's name or whether
3.24accounts were opened using the victim's identity.
3.25 Subd. 4. Acceptance. A law enforcement agency or creditor may accept an identity
3.26theft passport issued pursuant to this section and presented by a victim at the discretion
3.27of the law enforcement agency or creditor. A law enforcement agency or creditor may
3.28consider the surrounding circumstances and available information regarding the offense
3.29of identity theft pertaining to the victim.
3.30 Subd. 5. Classification of data. An application made with the commissioner under
3.31subdivision 2, including any supporting documentation, is classified as private data on
3.32individuals under chapter 13.
3.33 Subd. 6. Rulemaking. The commissioner shall adopt rules necessary to implement
3.34this section, including a procedure by which the commissioner shall ensure that an identity
4.1theft passport applicant has an identity theft claim that is legitimate and adequately
4.2substantiated.
