1.1 A bill for an act
1.2 relating to telecommunications; prohibiting false caller identification information;
1.3 providing for criminal penalties; amending Minnesota Statutes 2024, sections
1.4 325E.26, by adding subdivisions; 609.52, subdivision 3; 609.527, subdivision 3;
1.5 proposing coding for new law in Minnesota Statutes, chapter 325E; repealing
1.6 Minnesota Statutes 2024, section 325E.31.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 325E.26, is amended by adding a subdivision
1.9to read:
1.10 Subd. 7.Caller identification service."Caller identification service" means a feature
1.11that displays a caller's name, phone number, or location on a call recipient's telephone or
1.12wireless communications device before the call is answered.
1.13 EFFECTIVE DATE.This section is effective the day following final enactment.
1.14 Sec. 2. Minnesota Statutes 2024, section 325E.26, is amended by adding a subdivision to
1.15read:
1.16 Subd. 8.Commission."Commission" means the Public Utilities Commission.
1.17 EFFECTIVE DATE.This section is effective the day following final enactment.
1.18 Sec. 3. Minnesota Statutes 2024, section 325E.26, is amended by adding a subdivision to
1.19read:
1.20 Subd. 9.Telecommunications service provider."Telecommunications service provider"
1.21has the meaning given in section 237.01, subdivision 6b.
1Sec. 3.
25-02681 as introduced02/07/25 REVISOR RSI/HL
SENATE
STATE OF MINNESOTA
S.F. No. 1860NINETY-FOURTH SESSION
(SENATE AUTHORS: CARLSON and Mitchell)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/24/2025
Referred to Commerce and Consumer Protection 2.1 EFFECTIVE DATE.This section is effective the day following final enactment.
2.2 Sec. 4. [325E.281] FALSE CALLER IDENTIFICATION INFORMATION;
2.3PROHIBITION.
2.4 Subdivision 1.Prohibition.(a) It is unlawful to display or cause to be displayed, or to
2.5use a third party to display or cause to be displayed, on a Minnesota resident's caller
2.6identification service (1) a fraudulent or inaccurate name or telephone number, or (2) the
2.7name or telephone number of the recipient of the telecommunication.
2.8 (b) This subdivision does not apply to:
2.9 (1) the transmission of a caller identification service by a telecommunications provider
2.10that has received a commission determination that the telecommunications service provider
2.11complies with subdivision 2, based on the telecommunications service provider's most recent
2.12filing made under subdivision 2;
2.13 (2) a lawful, authorized investigative, protective, or intelligence activity of a law
2.14enforcement agency of a state, a political subdivision of a state, or the United States;
2.15 (3) an activity engaged in under a court order that specifically authorizes the use of caller
2.16identification manipulation;
2.17 (4) caller identification manipulation used by a domestic violence shelter to protect the
2.18safety of the domestic violence shelter's residents;
2.19 (5) a telecommunications service provider that blocks or restricts a name, phone number,
2.20or location from being displayed on a subscriber's caller identification service; or
2.21 (6) a health care professional contacting a patient, a patient's legal representative, or a
2.22patient's family member regarding the patient's diagnosis, treatment, or services.
2.23 Subd. 2.Call blocking by telecommunications providers; annual certification.(a)
2.24A telecommunications service provider serving subscribers in Minnesota must annually file
2.25with the commission evidence, as required by the commission, that the telecommunications
2.26service provider has implemented current and applicable technologies that identify and
2.27block telecommunications that violate this section for all of the telecommunications service
2.28provider's Minnesota subscribers and at no cost to the Minnesota subscribers, taking into
2.29consideration applicable state and federal laws and regulations, agreements that the
2.30telecommunications service provider has entered into with state or federal authorities with
2.31respect to the implementation of blocking fictitious or misleading names or telephone
2.32numbers on a subscriber's caller identification service, and costs.
2Sec. 4.
25-02681 as introduced02/07/25 REVISOR RSI/HL 3.1 (b) A subscriber may elect to opt out of a telecommunications service provider's call
3.2blocking service.
3.3 (c) A telecommunications service provider must fulfill a subscriber's oral or written
3.4request to block transmission of calls originating from a specific telephone number within
3.520 days of receiving the request. A telecommunications service provider may charge a fee
3.6to a subscriber that receives the service under this paragraph.
3.7 (d) The commission must develop policies and procedures to assist in making a
3.8determination regarding a telecommunications service provider's compliance with paragraph
3.9(a).
3.10 (e) The state of Minnesota is prohibited from entering into a contract with a
3.11telecommunications service provider that the commission determines does not comply with
3.12this section.
3.13 EFFECTIVE DATE.This section is effective the day following final enactment.
3.14 Sec. 5. [325E.3105] ENFORCEMENT; REMEDIES.
3.15 (a) A violation of sections 325E.27 to 325E.30 is a felony.
3.16 (b) Sections 325E.27 to 325E.30 may be enforced by the commissioner of commerce
3.17under section 45.027, or by the attorney general under section 8.31.
3.18 (c) A person convicted of a violation under sections 325E.27 to 325E.30 may be sentenced
3.19to pay a fine of not more than $....... for each separate violation, except that if the prohibited
3.20call resulted in identity theft or theft by swindle, the person is subject to the penalty provided
3.21under section 609.52, subdivision 3, clause (3).
3.22 (d) A subscriber aggrieved by a violation of sections 325E.27 to 325E.30 has a private
3.23right of action under this section and may seek appropriate injunctive or other equitable
3.24relief, additional civil damages, actual losses, and, as determined by the court, reasonable
3.25attorney fees and court costs. A private right of action brought under this section by a
3.26subscriber is in the public interest.
3.27 (e) Nothing in this section limits any remedies, causes of action, or penalties available
3.28to a person or government agency under any other federal or state law.
3.29 EFFECTIVE DATE.This section is effective the day following final enactment.
3.30 Sec. 6. Minnesota Statutes 2024, section 609.52, subdivision 3, is amended to read:
3.31 Subd. 3.Sentence.Whoever commits theft may be sentenced as follows:
3Sec. 6.
25-02681 as introduced02/07/25 REVISOR RSI/HL 4.1 (1) to imprisonment for not more than 20 years or to payment of a fine of not more than
4.2$100,000, or both, if the property is a firearm, or the value of the property or services stolen
4.3is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),
4.4(15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or
4.5 (2) to imprisonment for not more than ten years or to payment of a fine of not more than
4.6$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the
4.7property stolen was an article representing a trade secret, an explosive or incendiary device,
4.8or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
4.9exception of marijuana; or
4.10 (3) to imprisonment for not more than five years or to payment of a fine of not more
4.11than $10,000, or both, if any of the following circumstances exist:
4.12 (a) the value of the property or services stolen is more than $1,000 but not more than
4.13$5,000; or
4.14 (b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
4.15to section 152.02; or
4.16 (c) the value of the property or services stolen is more than $500 but not more than
4.17$1,000 and the person has been convicted within the preceding five years for an offense
4.18under this section, section 256.98; 268.182; 609.24; 609.245; 609.247; 609.522; 609.53;
4.19609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from
4.20another state, the United States, or a foreign jurisdiction, in conformity with any of those
4.21sections, and the person received a felony or gross misdemeanor sentence for the offense,
4.22or a sentence that was stayed under section 609.135 if the offense to which a plea was
4.23entered would allow imposition of a felony or gross misdemeanor sentence; or
4.24 (d) the value of the property or services stolen is not more than $1,000, and any of the
4.25following circumstances exist:
4.26 (i) the property is taken from the person of another or from a corpse, or grave or coffin
4.27containing a corpse; or
4.28 (ii) the property is a record of a court or officer, or a writing, instrument or record kept,
4.29filed or deposited according to law with or in the keeping of any public officer or office; or
4.30 (iii) the property is taken from a burning, abandoned, or vacant building or upon its
4.31removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
4.32or the proximity of battle; or
4Sec. 6.
25-02681 as introduced02/07/25 REVISOR RSI/HL 5.1 (iv) the property consists of public funds belonging to the state or to any political
5.2subdivision or agency thereof; or
5.3 (v) the property stolen is a motor vehicle; or
5.4 (vi) the property was obtained through a violation of subdivision 2, paragraph (a), clause
5.5(4), that occurred as a result of a telecommunication prohibited under sections 325E.27 to
5.6325E.29; or
5.7 (4) to imprisonment for not more than 364 days or to payment of a fine of not more than
5.8$3,000, or both, if the value of the property or services stolen is more than $500 but not
5.9more than $1,000; or
5.10 (5) in all other cases where the value of the property or services stolen is $500 or less,
5.11to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
5.12or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
5.13(4), (13), and (19), the value of the money or property or services received by the defendant
5.14in violation of any one or more of the above provisions within any six-month period may
5.15be aggregated and the defendant charged accordingly in applying the provisions of this
5.16subdivision; provided that when two or more offenses are committed by the same person
5.17in two or more counties, the accused may be prosecuted in any county in which one of the
5.18offenses was committed for all of the offenses aggregated under this paragraph.
5.19 Sec. 7. Minnesota Statutes 2024, section 609.527, subdivision 3, is amended to read:
5.20 Subd. 3.Penalties.A person who violates subdivision 2 may be sentenced as follows:
5.21 (1) if the offense involves a single direct victim and the total, combined loss to the direct
5.22victim and any indirect victims is $250 or less, the person may be sentenced as provided in
5.23section 609.52, subdivision 3, clause (5);
5.24 (2) if the offense involves a single direct victim and the total, combined loss to the direct
5.25victim and any indirect victims is more than $250 but not more than $500, the person may
5.26be sentenced as provided in section 609.52, subdivision 3, clause (4);
5.27 (3) if the offense involves two or three direct victims or the total, combined loss to the
5.28direct and indirect victims is more than $500 but not more than $2,500, the person may be
5.29sentenced as provided in section 609.52, subdivision 3, clause (3);
5.30 (4) if the offense involves more than three but not more than seven direct victims, or if
5.31the total combined loss to the direct and indirect victims is more than $2,500, the person
5.32may be sentenced as provided in section 609.52, subdivision 3, clause (2);
5Sec. 7.
25-02681 as introduced02/07/25 REVISOR RSI/HL 6.1 (5) if the offense involves eight or more direct victims, or if the total, combined loss to
6.2the direct and indirect victims is more than $35,000, the person may be sentenced as provided
6.3in section 609.52, subdivision 3, clause (1); and
6.4 (6) if the offense is related to possession or distribution of pornographic work in violation
6.5of section 617.246 or 617.247, the person may be sentenced as provided in section 609.52,
6.6subdivision 3, clause (1).; and
6.7 (7) if the offense is accomplished by a telecommunication prohibited under sections
6.8325E.27 to 325E.29, the offense is a felony regardless of the number of victims or the value
6.9of the loss to the victims and the person may be sentenced as provided under section 609.52,
6.10subdivision 3, clause (3).
6.11 Sec. 8. REPEALER.
6.12 Minnesota Statutes 2024, section 325E.31, is repealed.
6.13 EFFECTIVE DATE.This section is effective the day following final enactment.
6Sec. 8.
25-02681 as introduced02/07/25 REVISOR RSI/HL 325E.31 REMEDIES.
(a) A person who is found to have violated sections 325E.27 to 325E.30 is subject to the penalties
and remedies, including a private right of action to recover damages, as provided in section 8.31.
(b) In addition to the penalties and remedies under paragraph (a), the attorney general is entitled
to sue for and recover on behalf of the state a civil penalty from a person found to have violated
sections 325E.27 to 325E.30. The court must determine the civil penalty amount, which must not
exceed $50,000.
1R
APPENDIX
Repealed Minnesota Statutes: 25-02681