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HF 1422

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:50am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; changing the Financial Crimes Oversight Council to an
advisory board; amending Minnesota Statutes 2008, section 299A.681.

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

Section 1.

Minnesota Statutes 2008, section 299A.681, is amended to read:


299A.681 FINANCIAL CRIMES deleted text beginOVERSIGHT COUNCILdeleted text end new text beginADVISORY
BOARD
new text endAND TASK FORCE.

Subdivision 1.

deleted text beginOversight Councildeleted text endnew text begin Advisory boardnew text end.

The Minnesota Financial
Crimes deleted text beginOversight Councildeleted text end new text beginAdvisory Board new text endshall provide deleted text beginguidancedeleted text end new text beginadvice to the
commissioner of public safety
new text endrelated to the investigation and prosecution of identity
theft and financial crime.

Subd. 2.

Membership.

The deleted text beginOversight Councildeleted text end new text beginadvisory board new text endconsists 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
deleted text begin from police departments that participate in the Minnesota Financial Crimes Task Forcedeleted text end;

(4) two sheriffs, selected by the Minnesota Sheriffs Association deleted text beginfrom sheriff
departments that participate in the task force
deleted text end;

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

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

deleted text begin (7) a representative from the United States Postal Inspector's Office, selected by the
oversight council;
deleted text end

deleted text begin (8) a representative from a not-for-profit retail merchants industry, selected by the
oversight council;
deleted text end

deleted text begin (9) a representative from a not-for-profit banking and credit union industry, selected
by the oversight council;
deleted text end

deleted text begin (10) a representative from a not-for-profit association representing senior citizens,
selected by the oversight council;
deleted text end

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

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

new text begin (9) a representative from the retail merchants industry, selected by the advisory
board;
new text end

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

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

deleted text begin (11)deleted text endnew text begin (12)new text end the statewide commander of the task force;

deleted text begin (12) a representative from the Board of Public Defense, selected by the board;
deleted text end

(13) two additional members selected by the deleted text beginoversight councildeleted text endnew text begin advisory boardnew text end;

(14) 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

(15) a representative who serves on the committee having jurisdiction over criminal
justice policy, chosen by the speaker of the house.

The deleted text beginoversight councildeleted text endnew text begin advisory boardnew text end may adopt procedures to govern its conduct and
shall select a chair from among its members. The legislative members of the deleted text begincouncildeleted text endnew text begin
advisory board
new text end may not vote on matters before the deleted text begincouncildeleted text endnew text begin boardnew text end.

Subd. 3.

Duties.

The deleted text beginoversight council shall developdeleted text endnew text begin advisory board shall offer
advice to the commissioner on the development of
new text end 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 new text beginon a statewide basis and new text endin a
multijurisdictional manner. deleted text beginAdditionally, the oversight councildeleted text endnew text begin The commissionernew text end shall:

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

(2) new text beginwith advice from the advisory board, new text endselect a statewide commander of the task
force who serves at the pleasure of the deleted text beginoversight councildeleted text endnew text begin commissionernew text end;

(3) deleted text beginassist the Department of Public Safety in developingdeleted text endnew text begin developnew text end an objective grant
review application process that is free from conflicts of interest;

(4) deleted text beginmake funding recommendations to the commissioner of public safety ondeleted text endnew text begin with
advice from the advisory board, issue
new text end grants to support efforts to combat identity theft
and financial crime;

(5) new text beginwith advice from the advisory board, new text endassist 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) new text beginwith advice from the advisory board, new text enddevelop and approve an operational budget
for the office of the statewide commander and the deleted text beginoversight councildeleted text endnew text begin Minnesota Financial
Crimes Task Force
new text end; and

(7) 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, deleted text beginthe
Board of Public Defense,
deleted text end and representatives from deleted text beginelderly victims,deleted text end retailnew text begin businessesnew text end,
financial institutions, and not-for-profit organizations.

Subd. 4.

Statewide commander.

(a) deleted text beginThe Minnesota Financial Crimes Task Force
commander under Minnesota Statutes 2004, section 299A.68, shall oversee the transition
of that task force into the task force described in subdivision 3 and remain in place as its
commander until July 1, 2008. On that date,
deleted text end The commissioner of public safety shall
appoint deleted text beginasdeleted text endnew text begin anew text end statewide commander deleted text beginthe individual selected by the oversight council under
subdivision 3
deleted text end.

(b) The commander shall:

(1) coordinate and monitor all multijurisdictional identity theft and financial crime
enforcement activities;

(2) facilitate local efforts and ensure statewide coordination with efforts to combat
identity theft and financial crime;

(3) facilitate training for law enforcement and other personnel;

(4) monitor compliance with investigative protocols;

(5) implement an outcome evaluation and data quality control process;

(6) be responsible for the selection and for cause removal of assigned task force
investigators who are designated participants under a memorandum of understanding or
who receive grant funding;

(7) provide supervision of assigned task force investigators;

(8) submit a task force operational budget to the deleted text beginoversight councildeleted text end new text begin commissioner of
public safety
new text endfor approval; and

(9) submit quarterly task force activity reports to the deleted text beginoversight councildeleted text endnew text begin advisory
board
new text end.

Subd. 5.

Participating officers; employment status.

All law enforcement officers
selected to participate in the task force must be licensed peace officers as defined in section
626.84, subdivision 1, or qualified federal law enforcement officers as defined in section
626.8453. Participating officers remain employees of the same entity that employed them
before joining any multijurisdictional entity established under this section. Participating
officers are not employees of the state.

Subd. 6.

Jurisdiction and powers.

Law enforcement officers participating in any
multijurisdictional entity established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of arrest as those possessed
by a sheriff. deleted text beginThe task force shall retain from its predecessor the assigned originating
reporting number for case reporting purposes.
deleted text end

Subd. 7.

Grants authorized.

The commissioner of public safety, deleted text beginupon
recommendation of the oversight council
deleted text endnew text begin with advice from the advisory boardnew text end, shall
make grants to state and local units of government to combat identity theft and financial
crime. 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 deleted text beginoversight council and recommended to thedeleted text end commissioner to support these efforts.

Subd. 8.

Victims assistance program.

(a) The deleted text beginoversight councildeleted text endnew text begin commissionernew text end
may establish a victims' assistance program to assist victims of economic crimes and
provide prevention and awareness programs. The deleted text beginoversight councildeleted text endnew text begin commissionernew text end 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 may assist victims in obtaining police assistance and advise
victims in how to protect personal accounts and identities. Services may include a victim
toll-free telephone number, fax number, Web site, Monday through Friday telephone
service, e-mail response, and interfaces to other helpful Web sites. Victims' information
compiled are governed under chapter 13.

(b) The deleted text beginoversight councildeleted text endnew text begin commissionernew text end may post or communicate through public
service announcements in newspapers, radio, television, cable access, billboards, Internet,
Web sites, 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 deleted text beginmeet the oversight council's standardsdeleted text endnew text begin be approved by
the commissioner
new text end. 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.

Subd. 9.

deleted text beginOversight councildeleted text endnew text begin Advisory boardnew text end and task force are permanent.

Notwithstanding section 15.059, this section does not expire.

Subd. 10.

Funding.

The deleted text beginoversight councildeleted text endnew text begin commissionernew text end 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 deleted text beginoversight council'sdeleted text endnew text begin task force'snew text end fiscal agent shall handle
all funds approved by the deleted text beginoversight councildeleted text endnew text begin commissionernew text end, including in-kind contributions.

Subd. 11.

Forfeiture.

Property seized by the task force is subject to forfeiture
pursuant to sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be
established. The deleted text begincouncildeleted text endnew text begin task forcenew text end shall receive the proceeds from the sale of all property
properly seized and forfeited.

deleted text begin Subd. 12. deleted text end

deleted text begin Transfer equipment from current task force. deleted text end

deleted text begin All equipment possessed
by the task force described in Minnesota Statutes 2004, section 299A.68, is transferred to
the oversight council for use by the task force described in this section.
deleted text end

Subd. 13.

Report required.

By February 1 of each year, the deleted text beginoversight councildeleted text endnew text begin
commissioner
new text end shall report to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal
justice policy and funding on the activities of the deleted text begincouncil anddeleted text end task force. At a minimum,
this annual report must include:

(1) a description of the deleted text begincouncil's anddeleted text end task force's goals for the previous year and
for the coming year;

(2) a description of the outcomes the deleted text begincouncil anddeleted text end task force achieved or did not
achieve during the preceding year and a description of the outcomes they will seek to
achieve during the coming year;

(3) any legislative recommendations the deleted text begincouncil or task forcedeleted text endnew text begin advisory board or
commissioner
new text end has including, where necessary, a description of the specific legislation
needed to implement the recommendations;

(4) a detailed accounting of how appropriated money, grants, and in-kind
contributions were spent; and

(5) a detailed accounting of the grants awarded under this section.