1.1 	A bill for an act
1.2 	relating to crimes; establishing the Minnesota
1.3 	Financial Crimes Oversight Council; providing for a
1.4 	statewide financial crimes task force and commander;
1.5 	providing for the transition of the current task force
1.6 	to the new one; appropriating money; proposing coding
1.7 	for new law in Minnesota Statutes, chapter 299A;
1.8 	repealing Minnesota Statutes 2004, section 299A.68.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. [299A.681] MINNESOTA FINANCIAL CRIMES
1.11 	OVERSIGHT COUNCIL AND TASK FORCE.
1.12 		Subdivision 1.Oversight council. The Minnesota
1.13 	Financial Crimes Oversight Council shall provide guidance
1.14 	related to the investigation and prosecution of identity theft
1.15 	and financial crime.
1.16 		Subd. 2.Membership. The oversight council consists of
1.17 	the following individuals, or their designees:
1.18 	(1) the commissioner of public safety;
1.19 	(2) the attorney general;
1.20 	(3) two chiefs of police, selected by the Minnesota Chiefs
1.21 	of Police Association from police departments that participate
1.22 	in the Minnesota Financial Crimes Task Force;
1.23 	(4) two sheriffs, selected by the Minnesota Sheriffs
1.24 	Association from sheriff departments that participate in the
1.25 	task force;
1.26 	(5) the United States attorney for the district of
1.27 	Minnesota;
2.1 	(6) a county attorney, selected by the Minnesota County
2.2 	Attorneys Association;
2.3 	(7) a representative from the United States Postal
2.4 	Inspector's Office, selected by the oversight council;
2.5 	(8) a representative from a not-for-profit retail merchants
2.6 	industry, selected by the oversight council;
2.7 	(9) a representative from a not-for-profit banking and
2.8 	credit union industry, selected by the oversight council;
2.9 	(10) a representative from a not-for-profit association
2.10 	representing senior citizens, selected by the oversight council;
2.11 	(11) the statewide commander of the task force; and 
2.12 	(12) two additional members selected by the oversight
2.13 	council.
2.14 	The oversight council may adopt procedures to govern its conduct
2.15 	and shall select a chair from among its members.
2.16 		Subd. 3.Duties. The oversight council shall develop an
2.17 	overall strategy to ameliorate the harm caused to the public by
2.18 	identity theft and financial crime within Minnesota.  The
2.19 	strategy may include the development of protocols and procedures
2.20 	to investigate financial crimes and a structure for best
2.21 	addressing these issues in a multijurisdictional manner.
2.22 	Additionally, the oversight council shall:
2.23 	(1) establish a multijurisdictional statewide Minnesota
2.24 	Financial Crimes Task Force to investigate major financial
2.25 	crimes;
2.26 	(2) select a statewide commander of the task force who
2.27 	serves at the pleasure of the oversight council;
2.28 	(3) assist the Department of Public Safety in developing an
2.29 	objective grant review application process that is free from
2.30 	conflicts of interest;
2.31 	(4) make funding recommendations to the commissioner of
2.32 	public safety on grants to support efforts to combat identity
2.33 	theft and financial crime;
2.34 	(5) assist law enforcement agencies and victims in
2.35 	developing a process to collect and share information to improve
2.36 	the investigation and prosecution of identity theft and
3.1 	financial crime;
3.2 	(6) develop and approve an operational budget for the
3.3 	office of the statewide commander and the oversight council; and 
3.4 	(7) enter into any contracts necessary to establish and
3.5 	maintain a relationship with retailers, financial institutions,
3.6 	and other businesses to deal effectively with identity theft and
3.7 	financial crime.
3.8 	The task force described in clause (1) may consist of members
3.9 	from local law enforcement agencies, federal law enforcement
3.10 	agencies, state and federal prosecutors' offices, and
3.11 	representatives from elderly victims, retail, financial
3.12 	institutions, and not-for-profit organizations.
3.13 		Subd. 4.Statewide commander. (a) The Financial Crimes
3.14 	Task Force commander under Minnesota Statutes 2004, section
3.15 	299A.68, shall oversee the transition of that task force into
3.16 	the task force described in subdivision 3 and remain in place as
3.17 	its commander until July 1, 2008.  On that date, the
3.18 	commissioner of public safety shall appoint as statewide
3.19 	commander the individual selected by the oversight council under
3.20 	subdivision 3.  The commander serves in the unclassified service.
3.21 	(b) The commander shall:
3.22 	(1) coordinate and monitor all multijurisdictional identity
3.23 	theft and financial crime enforcement activities;
3.24 	(2) facilitate local efforts and ensure statewide
3.25 	coordination with efforts to combat identity theft and financial
3.26 	crime;
3.27 	(3) facilitate training for law enforcement and other
3.28 	personnel;
3.29 	(4) monitor compliance with investigative protocols;
3.30 	(5) implement an outcome evaluation and data quality
3.31 	control process;
3.32 	(6) be responsible for the selection and for cause removal
3.33 	of assigned task force investigators who are designated
3.34 	participants under a memorandum of understanding or who receive
3.35 	grant funding;
3.36 	(7) provide supervision of assigned task force
4.1 	investigators;
4.2 	(8) submit a task force operational budget to the oversight
4.3 	council for approval; and 
4.4 	(9) submit quarterly task force activity reports to the
4.5 	oversight council.
4.6 		Subd. 5.Participating officers; employment status. All
4.7 	law enforcement officers selected to participate in the task
4.8 	force must be licensed peace officers as defined in section
4.9 	626.84, subdivision 1, or qualified federal law enforcement
4.10 	officers as defined in section 626.8453.  Participating officers
4.11 	remain employees of the same entity that employed them before
4.12 	joining any multijurisdictional entity established under this
4.13 	section.  Participating officers are not employees of the state.
4.14 		Subd. 6.Jurisdiction and powers. Law enforcement
4.15 	officers participating in any multijurisdictional entity
4.16 	established under this section have statewide jurisdiction to
4.17 	conduct criminal investigations and have the same powers of
4.18 	arrest as those possessed by a sheriff.  The task force shall
4.19 	retain from its predecessor the assigned originating reporting
4.20 	number for case reporting purposes.
4.21 		Subd. 7.Grants authorized. The commissioner of public
4.22 	safety, upon recommendation of the oversight council, shall make
4.23 	grants to state and local units of government to combat identity
4.24 	theft and financial crime.  The commander, as funding permits,
4.25 	may prepare a budget to establish four regional districts and
4.26 	funding grant allocations programs outside the counties of
4.27 	Hennepin, Ramsey, Anoka, Washington, and Dakota.  The budget
4.28 	must be reviewed and approved by the oversight council and
4.29 	recommended to the commissioner to support these efforts.
4.30 		Subd. 8.Victims assistance program. (a) The oversight
4.31 	council may establish a victims assistance program to assist
4.32 	victims of economic crimes and provide prevention and awareness
4.33 	programs.  The oversight council may retain the services of
4.34 	not-for-profit organizations to assist in the development and
4.35 	delivery systems in aiding victims of financial crime.  The
4.36 	program may not provide any financial assistance to victims, but
5.1 	may assist victims in obtaining police assistance and advise
5.2 	victims in how to protect personal accounts and identities.
5.3 	Services may include a victim toll-free telephone number, fax
5.4 	number, Web site, Monday through Friday telephone service,
5.5 	e-mail response, and interfaces to other helpful Web sites.
5.6 	Victims' information compiled are governed under chapter 13.
5.7 	(b) The oversight council may post or communicate through
5.8 	public service announcements in newspapers, radio, television,
5.9 	cable access, billboards, Internet, Web sites, and other normal
5.10 	advertising channels, a financial reward of up to $2,000 for
5.11 	tips leading to the apprehension and successful prosecution of
5.12 	individuals committing economic crime.  All rewards must meet
5.13 	the oversight council's standards.  The release of funds must be
5.14 	made to an individual whose information leads to the
5.15 	apprehension and prosecution of offenders committing economic or
5.16 	financial crimes against citizens or businesses in Minnesota.
5.17 	All rewards paid to an individual must be reported to the
5.18 	Department of Revenue along with the individual's Social
5.19 	Security number.
5.20 		Subd. 9.Oversight council and task force is permanent.
 5.21 	Notwithstanding section 15.059, this section does not expire.
5.22 		Subd. 10.Funding. The oversight council may accept
5.23 	lawful grants and in-kind contributions from any federal source
5.24 	or legal business or individual not funded by this section for
5.25 	general operation support, including personnel costs.  These
5.26 	grants or in-kind contributions are not to be directed toward
5.27 	the case of a particular victim or business.  The oversight
5.28 	council's fiscal agent shall handle all funds approved by the
5.29 	oversight council, including in-kind contributions.
5.30 		Subd. 11.Forfeiture. Property seized by the task force
5.31 	is subject to forfeiture pursuant to sections 609.531, 609.5312,
5.32 	609.5313, and 609.5315 if ownership cannot be established.  The
5.33 	council shall receive the proceeds from the sale of all property
5.34 	properly seized and forfeited.
5.35 		Subd. 12.Transfer equipment from current task
5.36 	force. All equipment possessed by the task force described in
6.1 	Minnesota Statutes 2004, section 299A.68, is transferred to the
6.2 	oversight council for use by the task force described in this
6.3 	section.
6.4 	
EFFECTIVE DATE. This section is effective July 1, 2005.

6.5 	Sec. 2. APPROPRIATION.
 6.6 	$....... is appropriated for the fiscal year ending June
6.7 	30, 2006, and $....... is appropriated for the fiscal year
6.8 	ending June 30, 2007, from the general fund to the commissioner
6.9 	of public safety to be used to implement section 1.

6.10 	Sec. 3. REPEALER.
 6.11 	Minnesota Statutes 2004, section 299A.68, is repealed.

6.12 	EFFECTIVE DATE. This section is effective July 1, 2005.