SF 1510

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; establishing the Minnesota
Financial Crimes Oversight Council; providing for a
statewide financial crimes task force and commander;
providing for the transition of the current task force
to the new one; appropriating money; proposing coding
for new law in Minnesota Statutes, chapter 299A;
repealing Minnesota Statutes 2004, section 299A.68.

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

Section 1.

new text begin [299A.681] MINNESOTA FINANCIAL CRIMES
OVERSIGHT COUNCIL AND TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Oversight council. new text end

new text begin The Minnesota
Financial Crimes Oversight Council shall provide guidance
related to the investigation and prosecution of identity theft
and financial crime.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The oversight council consists of
the following individuals, or their designees:
new text end

new text begin (1) the commissioner of public safety;
new text end

new text begin (2) the attorney general;
new text end

new text begin (3) two chiefs of police, selected by the Minnesota Chiefs
of Police Association from police departments that participate
in the Minnesota Financial Crimes Task Force;
new text end

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

new text begin (5) the United States attorney for the district of
Minnesota;
new text end

new text begin (6) a county attorney, selected by the Minnesota County
Attorneys Association;
new text end

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

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

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

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

new text begin (11) the statewide commander of the task force; and
new text end

new text begin (12) two additional members selected by the oversight
council.
new text end

new text begin The oversight council may adopt procedures to govern its conduct
and shall select a chair from among its members.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The oversight council shall develop 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 in a multijurisdictional manner.
Additionally, the oversight council shall:
new text end

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

new text begin (2) select a statewide commander of the task force who
serves at the pleasure of the oversight council;
new text end

new text begin (3) assist the Department of Public Safety in developing an
objective grant review application process that is free from
conflicts of interest;
new text end

new text begin (4) make funding recommendations to the commissioner of
public safety on grants to support efforts to combat identity
theft and financial crime;
new text end

new text begin (5) 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;
new text end

new text begin (6) develop and approve an operational budget for the
office of the statewide commander and the oversight council; and
new text end

new text begin (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.
new text end

new text begin 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 elderly victims, retail, financial
institutions, and not-for-profit organizations.
new text end

new text begin Subd. 4. new text end

new text begin Statewide commander. new text end

new text begin (a) The 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, the
commissioner of public safety shall appoint as statewide
commander the individual selected by the oversight council under
subdivision 3. The commander serves in the unclassified service.
new text end

new text begin (b) The commander shall:
new text end

new text begin (1) coordinate and monitor all multijurisdictional identity
theft and financial crime enforcement activities;
new text end

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

new text begin (3) facilitate training for law enforcement and other
personnel;
new text end

new text begin (4) monitor compliance with investigative protocols;
new text end

new text begin (5) implement an outcome evaluation and data quality
control process;
new text end

new text begin (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;
new text end

new text begin (7) provide supervision of assigned task force
investigators;
new text end

new text begin (8) submit a task force operational budget to the oversight
council for approval; and
new text end

new text begin (9) submit quarterly task force activity reports to the
oversight council.
new text end

new text begin Subd. 5. new text end

new text begin Participating officers; employment status. new text end

new text begin 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.
new text end

new text begin Subd. 6. new text end

new text begin Jurisdiction and powers. new text end

new text begin 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. The task force shall
retain from its predecessor the assigned originating reporting
number for case reporting purposes.
new text end

new text begin Subd. 7. new text end

new text begin Grants authorized. new text end

new text begin The commissioner of public
safety, upon recommendation of the oversight council, 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 oversight council and
recommended to the commissioner to support these efforts.
new text end

new text begin Subd. 8. new text end

new text begin Victims assistance program. new text end

new text begin (a) The oversight
council may establish a victims assistance program to assist
victims of economic crimes and provide prevention and awareness
programs. The oversight council 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.
new text end

new text begin (b) The oversight council 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 meet
the oversight council's standards. 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.
new text end

new text begin Subd. 9. new text end

new text begin Oversight council and task force is permanent.
new text end

new text begin Notwithstanding section 15.059, this section does not expire.
new text end

new text begin Subd. 10. new text end

new text begin Funding. new text end

new text begin The oversight council may accept
lawful grants and in-kind contributions from any federal 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 oversight
council's fiscal agent shall handle all funds approved by the
oversight council, including in-kind contributions.
new text end

new text begin Subd. 11. new text end

new text begin Forfeiture. new text end

new text begin 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
council shall receive the proceeds from the sale of all property
properly seized and forfeited.
new text end

new text begin Subd. 12. new text end

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

new 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated for the fiscal year ending June
30, 2006, and $....... is appropriated for the fiscal year
ending June 30, 2007, from the general fund to the commissioner
of public safety to be used to implement section 1.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 299A.68, is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end