HF 2845

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/31/2022 06:39pm

A bill for an act
relating to commerce; authorizing the Commerce Fraud Bureau to investigate
crimes relating to automobile theft and financial fraud; amending Minnesota
Statutes 2020, sections 45.0135, subdivisions 2a, 2b; 65B.84, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 45.0135, subdivision 2a, is amended to read:

Subd. 2a.

Authorization.

The commissioner may appoint peace officers, as defined in
section 626.84, subdivision 1, paragraph (c), and establish a law enforcement agency, as
defined in section 626.84, subdivision 1, paragraph (f), known as the Commerce Fraud
Bureau, to conduct investigations, and to make arrests under sections 629.30 and 629.34.
The jurisdiction of the law enforcement agency is limited to offenses related to insurance
fraud new text begin , financial fraud, and automobile theft, as defined in section 65B.84, subdivision 5 new text end .

Sec. 2.

Minnesota Statutes 2020, section 45.0135, subdivision 2b, is amended to read:

Subd. 2b.

Duties.

The Commerce Fraud Bureau shall:

(1) review notices and reports of insurance fraud submitted by authorized insurers, their
employees, and agents or producers;

(2) respond to notifications or complaints of suspected insurance fraud new text begin , financial fraud,
or automobile theft new text end generated by other law enforcement agencies, state or federal
governmental units, or any other person;

(3) initiate inquiries and conduct investigations when the bureau has reason to believe
that insurance fraud deleted text begin has deleted text end new text begin , financial fraud, or automobile theft offenses have new text end been or deleted text begin is deleted text end new text begin are new text end
being committed; and

(4) report incidents of deleted text begin alleged insurance fraud deleted text end new text begin offenses new text end disclosed by its investigations
to appropriate law enforcement agencies, including, but not limited to, the attorney general,
county attorneys, or any other appropriate law enforcement or regulatory agency, and shall
assemble evidence, prepare charges, and otherwise assist any law enforcement authority
having jurisdiction.

Sec. 3.

Minnesota Statutes 2020, 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 new text begin Commerce Fraud Bureau, new text end State Patrol new text begin , new text end 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 deleted text begin ten deleted text end new text begin 25 new text end percent of the
money in the fund for the program's new text begin equipment, new text end administrative and operating costs new text begin , and the
Commerce Fraud Bureau's investigative efforts to combat automobile theft new text end . 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 $1,300,000 each year to the insurance fraud prevention account described in
section 297I.11, subdivision 2.

(c) At the end of each fiscal year, the commissioner may transfer any unobligated balances
in the auto theft prevention account to the insurance fraud prevention account under section
45.0135, subdivision 6.