| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; aiding victims of economic crimes; providing public |
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| 3 | 3 | | 1.3 outreach initiatives; authorizing an identity theft passport; requiring rulemaking; |
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| 4 | 4 | | 1.4 amending Minnesota Statutes 2022, section 299A.681, subdivisions 3, 8; proposing |
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| 5 | 5 | | 1.5 coding for new law in Minnesota Statutes, chapter 299A. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2022, section 299A.681, subdivision 3, is amended to read: |
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| 8 | 8 | | 1.8 Subd. 3.Duties.The advisory board shall offer advice to the commissioner on the |
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| 9 | 9 | | 1.9development of an overall strategy to ameliorate the harm caused to the public by identity |
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| 10 | 10 | | 1.10theft and financial crime within Minnesota. The strategy may include the development of |
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| 11 | 11 | | 1.11protocols and procedures to investigate financial crimes and a structure for best addressing |
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| 12 | 12 | | 1.12these issues on a statewide basis and in a multijurisdictional manner. The commissioner |
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| 13 | 13 | | 1.13shall: |
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| 14 | 14 | | 1.14 (1) establish a multijurisdictional statewide Minnesota Financial Crimes Task Force to |
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| 15 | 15 | | 1.15investigate major financial crimes; |
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| 16 | 16 | | 1.16 (2) with advice from the advisory board, select a statewide commander of the task force |
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| 17 | 17 | | 1.17who serves at the pleasure of the commissioner; |
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| 18 | 18 | | 1.18 (3) develop an objective grant review application process that is free from conflicts of |
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| 19 | 19 | | 1.19interest; |
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| 20 | 20 | | 1.20 (4) with advice from the advisory board, issue grants to support efforts to combat identity |
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| 21 | 21 | | 1.21theft and financial crime; |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | REVISOR RSI/JL 23-0132901/11/23 |
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| 24 | 24 | | State of Minnesota |
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| 25 | 25 | | This Document can be made available |
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| 26 | 26 | | in alternative formats upon request |
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| 27 | 27 | | HOUSE OF REPRESENTATIVES |
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| 28 | 28 | | H. F. No. 533 |
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| 29 | 29 | | NINETY-THIRD SESSION |
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| 30 | 30 | | Authored by Quam01/18/2023 |
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| 31 | 31 | | The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (5) with advice from the advisory board, assist law enforcement agencies and victims |
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| 32 | 32 | | 2.2in developing a process to collect and share information to improve the investigation and |
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| 33 | 33 | | 2.3prosecution of identity theft and financial crime; |
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| 34 | 34 | | 2.4 (6) with advice from the advisory board, develop and approve an operational budget for |
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| 35 | 35 | | 2.5the office of the statewide commander and the Minnesota Financial Crimes Task Force; |
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| 36 | 36 | | 2.6and |
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| 37 | 37 | | 2.7 (7) with advice from the advisory board, develop and implement a comprehensive process |
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| 38 | 38 | | 2.8through the victims assistance program to help victims of identity theft crimes: |
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| 39 | 39 | | 2.9 (i) report identity theft crimes to the appropriate state and federal authorities; and |
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| 40 | 40 | | 2.10 (ii) protect, correct, and restore the victim's financial accounts, personal and credit |
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| 41 | 41 | | 2.11information, identity, and privacy; and |
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| 42 | 42 | | 2.12 (8) enter into any contracts necessary to establish and maintain a relationship with |
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| 43 | 43 | | 2.13retailers, financial institutions, and other businesses to deal effectively with identity theft |
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| 44 | 44 | | 2.14and financial crime. |
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| 45 | 45 | | 2.15 The task force described in clause (1) may consist of members from local law enforcement |
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| 46 | 46 | | 2.16agencies, federal law enforcement agencies, state and federal prosecutors' offices, and |
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| 47 | 47 | | 2.17representatives from retail businesses, financial institutions, and not-for-profit organizations. |
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| 48 | 48 | | 2.18 Sec. 2. Minnesota Statutes 2022, section 299A.681, subdivision 8, is amended to read: |
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| 49 | 49 | | 2.19 Subd. 8.Victims assistance program.(a) The commissioner may must establish a |
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| 50 | 50 | | 2.20victims' assistance program to assist victims of economic crimes and provide prevention |
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| 51 | 51 | | 2.21and awareness programs. The commissioner may retain the services of not-for-profit |
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| 52 | 52 | | 2.22organizations to assist in the development and delivery systems in aiding victims of financial |
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| 53 | 53 | | 2.23crime. The program may not provide any financial assistance to victims, but may assist |
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| 54 | 54 | | 2.24must help victims in obtaining obtain police assistance and advise victims in how to protect |
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| 55 | 55 | | 2.25personal accounts and identities. The program must help identity theft victims obtain identity |
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| 56 | 56 | | 2.26theft passports under section 299A.682. Services may must include a victim toll-free |
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| 57 | 57 | | 2.27telephone number, fax number, website, Monday through Friday telephone service, email |
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| 58 | 58 | | 2.28response, and interfaces to other helpful websites. Victims' information compiled are is |
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| 59 | 59 | | 2.29governed under chapter 13. The commissioner must post or communicate, through public |
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| 60 | 60 | | 2.30service announcements in newspapers, radio, television, cable access, billboards, Internet, |
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| 61 | 61 | | 2.31websites, and other normal advertising channels: (1) the victim toll-free telephone number, |
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| 62 | 62 | | 2.32fax number, website address, email address of the victims assistance program; and (2) the |
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| 63 | 63 | | 2.33specific types of assistance the program provides. |
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| 64 | 64 | | 2Sec. 2. |
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| 65 | 65 | | REVISOR RSI/JL 23-0132901/11/23 3.1 (b) The commissioner may post or communicate, through public service announcements |
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| 66 | 66 | | 3.2in newspapers, radio, television, cable access, billboards, Internet, websites, and other normal |
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| 67 | 67 | | 3.3advertising channels, a financial reward of up to $2,000 for tips leading to the apprehension |
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| 68 | 68 | | 3.4and successful prosecution of individuals committing economic crime. All rewards must |
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| 69 | 69 | | 3.5be approved by the commissioner. The release of funds must be made to an individual whose |
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| 70 | 70 | | 3.6information leads to the apprehension and prosecution of offenders committing economic |
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| 71 | 71 | | 3.7or financial crimes against citizens or businesses in Minnesota. All rewards paid to an |
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| 72 | 72 | | 3.8individual must be reported to the Department of Revenue along with the individual's Social |
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| 73 | 73 | | 3.9Security number. |
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| 74 | 74 | | 3.10 Sec. 3. [299A.682] IDENTITY THEFT PASSPORT. |
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| 75 | 75 | | 3.11 Subdivision 1.Authorization and requirements.The commissioner, in cooperation |
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| 76 | 76 | | 3.12with any law enforcement agency, may issue an identity theft passport to a person who: |
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| 77 | 77 | | 3.13 (1) is a victim of identity theft in Minnesota, as described in section 609.527; and |
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| 78 | 78 | | 3.14 (2) has filed a police report with a law enforcement agency citing that the person is a |
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| 79 | 79 | | 3.15victim of identity theft. |
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| 80 | 80 | | 3.16 Subd. 2.Application.A victim who has filed a report of identity theft with a law |
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| 81 | 81 | | 3.17enforcement agency may apply for an identity theft passport through the law enforcement |
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| 82 | 82 | | 3.18agency. The law enforcement agency must send a copy of the police report and the application |
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| 83 | 83 | | 3.19to the commissioner. The commissioner must process the application and supporting report, |
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| 84 | 84 | | 3.20and may issue the victim an identity theft passport in the form of a card or certificate. |
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| 85 | 85 | | 3.21 Subd. 3.Use.A victim of identity theft issued an identity theft passport may present the |
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| 86 | 86 | | 3.22passport to: |
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| 87 | 87 | | 3.23 (1) a law enforcement agency, to help prevent the victim's arrest or detention for an |
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| 88 | 88 | | 3.24offense committed by someone other than the victim who is using the victim's identity; or |
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| 89 | 89 | | 3.25 (2) a creditor of the victim, to aid in the creditor's investigation and establishment of |
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| 90 | 90 | | 3.26whether fraudulent charges were made against accounts in the victim's name or whether |
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| 91 | 91 | | 3.27accounts were opened using the victim's identity. |
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| 92 | 92 | | 3.28 Subd. 4.Acceptance.A law enforcement agency or creditor has the discretion to accept |
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| 93 | 93 | | 3.29an identity theft passport issued pursuant to this section and presented by a victim. A law |
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| 94 | 94 | | 3.30enforcement agency or creditor may consider the surrounding circumstances and available |
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| 95 | 95 | | 3.31information regarding the identity theft offense pertaining to the victim. |
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| 96 | 96 | | 3Sec. 3. |
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| 97 | 97 | | REVISOR RSI/JL 23-0132901/11/23 4.1 Subd. 5.Classification of data.An application made with the commissioner under |
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| 98 | 98 | | 4.2subdivision 2, including any supporting documentation, is classified as private data on |
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| 99 | 99 | | 4.3individuals under chapter 13. |
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| 100 | 100 | | 4.4 Subd. 6.Rulemaking.The commissioner must adopt rules necessary to implement this |
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| 101 | 101 | | 4.5section. Rules adopted under this subdivision must include a procedure that enables the |
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| 102 | 102 | | 4.6commissioner to ensure that an identity theft passport applicant has an identity theft claim |
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| 103 | 103 | | 4.7that is legitimate and adequately substantiated. |
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| 104 | 104 | | 4Sec. 3. |
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| 105 | 105 | | REVISOR RSI/JL 23-0132901/11/23 |
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