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HF 2706

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2012 04:45pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/07/2012

Current Version - as introduced

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A bill for an act
relating to crime; expanding grant awards for the prevention of automobile
theft and financial crimes; transferring funds; amending Minnesota Statutes
2010, sections 65B.84, subdivisions 1, 3; 168A.40, subdivision 4; 299A.681,
subdivisions 2, 7, 10.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 65B.84, subdivision 1, is amended to read:


Subdivision 1.

Program described; commissioner's duties; appropriation.

(a)
The commissioner of commerce shall:

(1) develop and sponsor the implementation of statewide plans, programs, and
strategies to combat automobile theft, improve the administration of the automobile theft
laws, and provide a forum for identification of critical problems for those persons dealing
with automobile theft;

(2) coordinate the development, adoption, and implementation of plans, programs,
and strategies relating to interagency and intergovernmental cooperation with respect
to automobile theft enforcement;

(3) annually audit the plans and programs that have been funded in whole or in part
to evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need
of further financial support from the fund;

(4) develop a plan of operation including:

(i) an assessment of the scope of the problem of automobile theft, including areas
of the state where the problem is greatest;

(ii) an analysis of various methods of combating the problem of automobile theft;

(iii) a plan for providing financial support to combat automobile theft;

(iv) a plan for eliminating car hijacking; and

(v) an estimate of the funds required to implement the plan; and

(5) distribute money, in consultation with the commissioner of public safety,
pursuant to subdivision 3 from the automobile theft prevention special revenue account
for automobile theft prevention activities, including:

(i) paying the administrative costs of the program;

(ii) providing financial support to the State Patrol and local law enforcement
agencies for automobile theft enforcement teams;

(iii) providing financial support to state or local law enforcement agencies for
programs designed to reduce the incidence of automobile theft and for improved
equipment and techniques for responding to automobile thefts;

(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;

(v) providing financial support to judicial agencies for programs designed to reduce
the incidence of automobile theft;

(vi) providing financial support for neighborhood or community organizations or
business organizations for programs designed to reduce the incidence of automobile
theft and to educate people about the common methods of automobile theft, the models
of automobiles most likely to be stolen, and the times and places automobile theft is
most likely to occur; and

(vii) providing financial support for automobile theft educational and training
programs for state and local law enforcement officials, driver and vehicle services exam
and inspections staff, and members of the judiciary.

(b) The commissioner may not spend in any fiscal year more than ten percent
of the money in the fund for the program's administrative and operating costs. The
commissioner is annually appropriated and must distribute the amount of the proceeds
credited to the automobile theft prevention special revenue account each year, less the
transfer of deleted text begin $1,300,000deleted text end new text begin $650,000new text end each year to the general fund described in section
168A.40, subdivision 4.new text begin In fiscal year 2013 and thereafter, the commissioner shall
annually transfer $325,000 to the commissioner of public safety for grants under section
299A.681, subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2010, section 65B.84, subdivision 3, is amended to read:


Subd. 3.

Grant criteria; application.

(a) A county attorney's office, law
enforcement agency, neighborhood organization, community organization, or business
organization may apply for a grant under this section. Multiple offices or agencies within
a county may apply for a grant under this section.

(b) The commissioner, in consultation with the commissioner of public safety, must
develop criteria for the fair distribution of grants from the automobile theft prevention
account that address the following factors:

(1) the number of reported automobile thefts per capita in a city, county, or region,
not merely the total number of automobile thefts;

(2) the population of the jurisdiction of the applicant office or agency;

(3) the total funds distributed within a county or region; and

(4) the statewide interest in automobile theft reduction.

(c) The commissioner may give priority to:

(1) offices and agencies engaged in a collaborative effort to reduce automobile
theft; and

(2) counties or regions with the greatest rates of automobile theft.

(d) The minimum amount of a grant award is $5,000. After considering the
automobile theft rate and total population of an applicant's jurisdiction, if a grant award,
as determined under the criteria and priorities in this subdivision, would be less than
$5,000, it must not be awarded.

new text begin (e) At least $325,000 in the automobile theft prevention special revenue account
each year shall be used for grants to an entity under paragraph (a) to reduce the incidence
of financial crimes including, but not limited to, theft from a motor vehicle, loan and credit
application fraud, theft by swindle, check forgery, insurance fraud, credit card fraud,
and identity theft. The commissioner, in consultation with the commissioner of public
safety, Minnesota Financial Crimes Advisory Board, and Automobile Theft Prevention
Advisory Board under subdivision 4, shall develop the form and manner of application
and criteria for a grant under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 3.

Minnesota Statutes 2010, section 168A.40, subdivision 4, is amended to read:


Subd. 4.

Automobile theft prevention account.

A special revenue account is
created in the state treasury to be credited with the proceeds of the surcharge imposed
under subdivision 3. Of the revenue in the account, deleted text begin $1,300,000deleted text end new text begin $650,000new text end each year must
be transferred to the general fund. Revenues in excess of deleted text begin $1,300,000deleted text end new text begin $650,000new text end each year
may be used only for the deleted text begin automobile theft prevention program described indeleted text end new text begin purposes
designated under
new text end section 65B.84.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 4.

Minnesota Statutes 2010, section 299A.681, subdivision 2, is amended to read:


Subd. 2.

Membership.

The advisory board consists of the following individuals,
or their designees:

(1) the commissioner of public safety;

(2) the attorney general;

(3) two chiefs of police, selected by the Minnesota Chiefs of Police Association;

(4) two sheriffs, selected by the Minnesota Sheriffs Association;

(5) the United States attorney for the district of Minnesota;

(6) a county attorney, selected by the Minnesota County Attorneys Association;

(7) a representative from the Board of Public Defense, selected by that board;

(8) a representative from a federal law enforcement agency, selected by the advisory
board;

(9) new text begin a representative from the Insurance Federation of Minnesota selected by the
advisory board;
new text end

new text begin (10) new text end a representative from the retail merchants industry, selected by the advisory
board;

deleted text begin (10)deleted text end new text begin (11)new text end a representative from the banking and credit union industry, selected by
the advisory board;

deleted text begin (11)deleted text end new text begin (12)new text end a representative on behalf of senior citizens, selected by the advisory board;

deleted text begin (12)deleted text end new text begin (13)new text end the statewide commander of the task force;

deleted text begin (13)deleted text end new text begin (14)new text end two additional members selected by the advisory board;

deleted text begin (14)deleted text end new text begin (15)new text end a senator who serves on the committee having jurisdiction over criminal
justice policy, chosen by the Subcommittee on Committees of the senate Committee on
Rules and Administration; and

deleted text begin (15)deleted text end new text begin (16)new text end a representative who serves on the committee having jurisdiction over
criminal justice policy, chosen by the speaker of the house.

The advisory board may adopt procedures to govern its conduct and shall select a chair
from among its members. The legislative members of the advisory board may not vote on
matters before the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 5.

Minnesota Statutes 2010, section 299A.681, subdivision 7, is amended to read:


Subd. 7.

Grants authorized.

The commissioner of public safety, with advice
from the advisory board, shall make grants to state and local units of government to
combat identity theft and financial crimenew text begin including, but not limited to, motor vehicle theft,
mail theft and mail fraud, financial transaction card fraud, possession of stolen property,
insurance fraud, and theft by swindle
new text end . The commander, as funding permits, may prepare a
budget to establish four regional districts and funding grant allocations programs outside
the counties of Hennepin, Ramsey, Anoka, Washington, and Dakota. The budget must be
reviewed and approved by the commissioner to support these efforts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 6.

Minnesota Statutes 2010, section 299A.681, subdivision 10, is amended to read:


Subd. 10.

Funding.

new text begin (a) new text end The commissioner may accept lawful grants and in-kind
contributions from any federal, state, or local source or legal business or individual not
funded by this section for general operation support, including personnel costs. These
grants or in-kind contributions are not to be directed toward the case of a particular
victim or business. The task force's fiscal agent shall handle all funds approved by the
commissioner, including in-kind contributions.

new text begin (b) The commissioner shall use the amount transferred under section 65B.84,
subdivision 1, paragraph (b), for grant awards under subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end