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HF 1165

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:44am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to state government; requiring certain settlements involving the state to
be paid to the state general fund; amending Minnesota Statutes 2008, section
16A.151, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 16A.151, subdivision 2, is amended to
read:


Subd. 2.

Exceptions.

(a) If a state official litigates or settles a matter on behalf of
specific injured persons or entities, this section does not prohibit distribution of money
to the specific injured persons or entities on whose behalf the litigation or settlement
efforts were initiated. If money recovered on behalf of injured persons or entities cannot
reasonably be distributed to those persons or entities because they cannot readily be
located or identified or because the cost of distributing the money would outweigh the
benefit to the persons or entities, the money must be paid into the general fund.

(b) Money recovered on behalf of a fund in the state treasury other than the general
fund may be deposited in that fund.

(c) This section does not prohibit a state official from distributing money to a person
or entity other than the state in litigation or potential litigation in which the state is a
defendant or potential defendant.

(d) State agencies may accept funds as directed by a federal court for any restitution
or monetary penalty under United States Code, title 18, section 3663(a)(3) or United
States Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special
revenue account and are appropriated to the commissioner of the agency for the purpose
as directed by the federal court.

deleted text begin (e) Subdivision 1 does not apply to a recovery or settlement of less than $750,000.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
settlements agreed to or money recovered by a state official on or after that date.
new text end