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SF 1169

as introduced - 89th Legislature (2015 - 2016) Posted on 02/27/2015 09:31am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; aiding victims of economic crimes; providing public
outreach initiatives; authorizing an identity theft passport; amending Minnesota
Statutes 2014, 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 2014, 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 beginand
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 assist victims of identity theft crimes to:
new text end

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

new text begin (ii) protect, correct, and restore their financial accounts, personal and credit
information, identities, 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 2014, section 299A.681, subdivision 8, is amended to read:


Subd. 8.

Victims assistance program.

(a) The commissioner deleted text beginmaydeleted text endnew text begin shallnew text end establish a
deleted text beginvictims' assistancedeleted 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 beginmaydeleted text endnew text begin shallnew text end assist victims in obtaining police assistance and advise victims in how to
protect personal accounts and identities. new text beginThe program shall assist identity theft victims
in obtaining identity theft passports under section 299A.682.
new text endServices deleted text beginmaydeleted text endnew text begin mustnew text end 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 deleted text beginaredeleted text endnew text begin isnew text end governed under chapter 13.new text begin The commissioner shall post or
communicate, through public service announcements in newspapers, radio, television,
cable access, billboards, Internet, Web sites, and other normal advertising channels, the
victim toll-free telephone number, fax number, Web site address, e-mail address of the
victims assistance program, and the specific types of assistance that the program provides.
new text end

(b) The commissioner may post or communicatenew text begin,new text end 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 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 meets both of the following requirements:
new text end

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

new text begin (2) has filed a police report with any 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 shall send a copy of the police report and the
application to the commissioner, who shall 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 either of the following:
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 may accept an identity
theft passport issued pursuant to this section and presented by a victim at the discretion
of the law enforcement agency or creditor. A law enforcement agency or creditor may
consider the surrounding circumstances and available information regarding the offense
of identity theft 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 shall adopt rules necessary to implement
this section, including a procedure by which the commissioner shall ensure that an identity
theft passport applicant has an identity theft claim that is legitimate and adequately
substantiated.
new text end