HF 533

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/18/2023 10:19am

A bill for an act
relating to public safety; aiding victims of economic crimes; providing public
outreach initiatives; authorizing an identity theft passport; requiring rulemaking;
amending Minnesota Statutes 2022, section 299A.681, subdivisions 3, 8; proposing
coding for new law in Minnesota Statutes, chapter 299A.

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

Section 1.

Minnesota Statutes 2022, section 299A.681, subdivision 3, is amended to read:

Subd. 3.

Duties.

The advisory board shall offer advice to the commissioner on the
development of an overall strategy to ameliorate the harm caused to the public by identity
theft and financial crime within Minnesota. The strategy may include the development of
protocols and procedures to investigate financial crimes and a structure for best addressing
these issues on a statewide basis and in a multijurisdictional manner. The commissioner
shall:

(1) establish a multijurisdictional statewide Minnesota Financial Crimes Task Force to
investigate major financial crimes;

(2) with advice from the advisory board, select a statewide commander of the task force
who serves at the pleasure of the commissioner;

(3) develop an objective grant review application process that is free from conflicts of
interest;

(4) with advice from the advisory board, issue grants to support efforts to combat identity
theft and financial crime;

(5) with advice from the advisory board, assist law enforcement agencies and victims
in developing a process to collect and share information to improve the investigation and
prosecution of identity theft and financial crime;

(6) with advice from the advisory board, develop and approve an operational budget for
the office of the statewide commander and the Minnesota Financial Crimes Task Force;
deleted text begin and
deleted text end

(7) new text begin with advice from the advisory board, develop and implement a comprehensive process
through the victims assistance program to help victims of identity theft crimes:
new text end

new text begin (i) report identity theft crimes to the appropriate state and federal authorities; and
new text end

new text begin (ii) protect, correct, and restore the victim's financial accounts, personal and credit
information, identity, and privacy; and
new text end

new text begin (8) new text end enter into any contracts necessary to establish and maintain a relationship with
retailers, financial institutions, and other businesses to deal effectively with identity theft
and financial crime.

The task force described in clause (1) may consist of members from local law enforcement
agencies, federal law enforcement agencies, state and federal prosecutors' offices, and
representatives from retail businesses, financial institutions, and not-for-profit organizations.

Sec. 2.

Minnesota Statutes 2022, section 299A.681, subdivision 8, is amended to read:

Subd. 8.

Victims assistance program.

(a) The commissioner deleted text begin may deleted text end new text begin must new text end establish a
deleted text begin victims' assistance deleted text end program to assist victims of economic crimes and provide prevention
and awareness programs. The commissioner may retain the services of not-for-profit
organizations to assist in the development and delivery systems in aiding victims of financial
crime. The program may not provide any financial assistance to victims, but deleted text begin may assist deleted text end new text begin
must help new text end victims deleted text begin in obtaining deleted text end new text begin obtain new text end police assistance and advise victims in how to protect
personal accounts and identities. new text begin The program must help identity theft victims obtain identity
theft passports under section 299A.682. new text end Services deleted text begin may deleted text end new text begin must new text end include a victim toll-free
telephone number, fax number, website, Monday through Friday telephone service, email
response, and interfaces to other helpful websites. Victims' information compiled deleted text begin are deleted text end new text begin is new text end
governed under chapter 13. new text begin The commissioner must post or communicate, through public
service announcements in newspapers, radio, television, cable access, billboards, Internet,
websites, and other normal advertising channels: (1) the victim toll-free telephone number,
fax number, website address, email address of the victims assistance program; and (2) the
specific types of assistance the program provides.
new text end

(b) The commissioner may post or communicate new text begin , new text end through public service announcements
in newspapers, radio, television, cable access, billboards, Internet, websites, and other normal
advertising channels, a financial reward of up to $2,000 for tips leading to the apprehension
and successful prosecution of individuals committing economic crime. All rewards must
be approved by the commissioner. The release of funds must be made to an individual whose
information leads to the apprehension and prosecution of offenders committing economic
or financial crimes against citizens or businesses in Minnesota. All rewards paid to an
individual must be reported to the Department of Revenue along with the individual's Social
Security number.

Sec. 3.

new text begin [299A.682] IDENTITY THEFT PASSPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization and requirements. new text end

new text begin The commissioner, in cooperation
with any law enforcement agency, may issue an identity theft passport to a person who:
new text end

new text begin (1) is a victim of identity theft in Minnesota, as described in section 609.527; and
new text end

new text begin (2) has filed a police report with a law enforcement agency citing that the person is a
victim of identity theft.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin A victim who has filed a report of identity theft with a law
enforcement agency may apply for an identity theft passport through the law enforcement
agency. The law enforcement agency must send a copy of the police report and the application
to the commissioner. The commissioner must process the application and supporting report,
and may issue the victim an identity theft passport in the form of a card or certificate.
new text end

new text begin Subd. 3. new text end

new text begin Use. new text end

new text begin A victim of identity theft issued an identity theft passport may present the
passport to:
new text end

new text begin (1) a law enforcement agency, to help prevent the victim's arrest or detention for an
offense committed by someone other than the victim who is using the victim's identity; or
new text end

new text begin (2) a creditor of the victim, to aid in the creditor's investigation and establishment of
whether fraudulent charges were made against accounts in the victim's name or whether
accounts were opened using the victim's identity.
new text end

new text begin Subd. 4. new text end

new text begin Acceptance. new text end

new text begin A law enforcement agency or creditor has the discretion to accept
an identity theft passport issued pursuant to this section and presented by a victim. A law
enforcement agency or creditor may consider the surrounding circumstances and available
information regarding the identity theft offense pertaining to the victim.
new text end

new text begin Subd. 5. new text end

new text begin Classification of data. new text end

new text begin An application made with the commissioner under
subdivision 2, including any supporting documentation, is classified as private data on
individuals under chapter 13.
new text end

new text begin Subd. 6. new text end

new text begin Rulemaking. new text end

new text begin The commissioner must adopt rules necessary to implement this
section. Rules adopted under this subdivision must include a procedure that enables the
commissioner to ensure that an identity theft passport applicant has an identity theft claim
that is legitimate and adequately substantiated.
new text end