Office of the Revisor of Statutes
SF 3358
Introduction - 94th Legislature (2025 - 2026)
Posted on 06/06/2025 12:21 p.m.
Bill Text Versions
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Introduction
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Posted on 04/08/2025 |
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A bill for an act
relating to public safety; establishing the crime of illegal remunerations; making
a conforming change; amending Minnesota Statutes 2024, section 256B.12;
proposing coding for new law in Minnesota Statutes, chapter 609.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 256B.12, is amended to read:
256B.12 LEGAL REPRESENTATION.
The attorney general or the appropriate county attorney appearing at the direction of the
attorney general shall be the attorney for the state agency, and the county attorney of the
appropriate county shall be the attorney for the local agency in all matters pertaining hereto.
To prosecute under this chapter or sections 609.466 deleted text begin anddeleted text end new text begin ;new text end 609.52, subdivision 2deleted text begin ,deleted text end new text begin ; and 609.542,new text end
or to recover payments wrongfully made under this chapter, the attorney general or the
appropriate county attorney, acting independently or at the direction of the attorney general
may institute a criminal or civil action.
Sec. 2.
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[609.542] ILLEGAL REMUNERATIONS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Grant" means the transfer of cash or something of value from a federal agency, an
executive agency, or a political subdivision to another person to support a public purpose
authorized by law or ordinance or an agreement or promise to make such a transfer. Grant
does not include a payment, contract, lease, or other promise to pay for property or services
for the direct benefit of the executive agency or political subdivision.
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(c) "Federal health care program" has the meaning given in United States Code, title 42,
section 1320a-7b(f).
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(d) "Political subdivision" means a county, a statutory or home rule charter city, or a
township.
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new text begin Subd. 2. new text end
new text begin Human services program; unauthorized remuneration. new text end
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(a) A person who
intentionally solicits or receives money, a discount, a credit, a waiver, a rebate, a good, a
service, employment, or anything else of value in return for doing any of the following is
guilty of a crime and may be sentenced as provided in subdivision 5:
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(1) referring an individual to a person for the furnishing or arranging for the furnishing
of any item or service for which payment may be made in whole or in part under a federal
health care program, behavioral health program under chapter 254B, or family program
under chapter 142E;
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(2) purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing,
or ordering any good, facility, service, or item for which payment may be made in whole
or in part under a federal health care program, behavioral health program under chapter
254B, or family program under chapter 142E; or
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(3) applying for or receiving any item or service for which payment may be made in
whole or in part under a federal health care program, behavioral health program under
chapter 254B, or family program under chapter 142E.
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(b) A person who intentionally offers or provides money, a discount, a credit, a waiver,
a rebate, a good, a service, employment, or anything else of value to induce a person to do
any of the following is guilty of a crime and may be sentenced as provided in subdivision
5:
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(1) refer an individual to a person for the furnishing or arranging for the furnishing of
any item or service for which payment may be made in whole or in part under a federal
health care program, behavioral health program under chapter 254B, or family program
under chapter 142E;
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(2) purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering
any good, facility, service, or item for which payment may be made in whole or in part
under a federal health care program, behavioral health program under chapter 254B, or
family program under chapter 142E; or
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(3) apply for or receive any item or service for which payment may be made in whole
or in part under a federal health care program, behavioral health program under chapter
254B, or family program under chapter 142E.
new text end
new text begin Subd. 3. new text end
new text begin Grants; unauthorized remuneration. new text end
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(a) A person who intentionally solicits
or receives money, a discount, a credit, a waiver, a rebate, a good, a service, employment,
or anything else of value in return for doing any of the following is guilty of a crime and
may be sentenced as provided in subdivision 5:
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(1) awarding a grant;
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(2) recommending that a federal agency, an executive agency, or a political subdivision
award another person a grant;
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(3) providing false information or withholding accurate information in support of an
application for a grant or request for payment under the terms of a grant; or
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(4) providing any portion of a good, service, or other thing of value for which the person
receives payment or reimbursement pursuant to the terms of a grant.
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(b) A person who intentionally offers or provides money, a discount, a credit, a waiver,
a rebate, a good, a service, employment, or anything else of value to induce a person to do
any of the following is guilty of a crime and may be sentenced as provided in subdivision
5:
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(1) award a grant;
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(2) recommend that a federal agency, an executive agency, or a political subdivision
award another person a grant; or
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(3) provide false information or withhold accurate information in support of an application
for a grant or request for payment under the terms of a grant.
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new text begin Subd. 4. new text end
new text begin Exceptions. new text end
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(a) Subdivision 2 does not apply to any payment, discount, waiver,
or other remuneration exempted under United States Code, title 42, section 1320a-7b(b)(3),
or payment made under a federal health care program which is exempt from liability by
United States Code, title 42, section 1001.952.
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(b) For actions involving a family program under chapter 142E, subdivision 2 does not
apply to:
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(1) any amount paid by an employer to a bona fide employee for providing covered
items or services under chapter 142E while acting in the course and scope of employment;
or
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(2) child care provider discounts, scholarships, or other financial assistance to families
allowed under section 142E.17, subdivision 7.
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new text begin Subd. 5. new text end
new text begin Penalties. new text end
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Whoever violates subdivisions 2 or 3 may be sentenced as follows:
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(1) to imprisonment of not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service,
employment, or other thing of value solicited, received, offered, or provided exceeds $5,000;
or
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(2) imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service,
employment, or other thing of value solicited, received, offered, or provided is not more
than $5,000.
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new text begin Subd. 6. new text end
new text begin Aggregation. new text end
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In a prosecution under this section, the value of any money,
discount, credit, waiver, rebate, good, service, employment, or other thing of value solicited,
received, offered, or provided within a six-month period may be aggregated and the defendant
charged accordingly. When two or more offenses are committed by the same person in two
or more counties, the accused may be prosecuted in any county in which one of the offenses
was committed for all of the offenses aggregated under this subdivision.
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new text begin Subd. 7. new text end
new text begin False claims; termination of grant. new text end
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(a) In addition to the penalties provided
for in this section, a claim, as defined in section 15C.01, subdivision 2, that includes items
or services resulting from a violation of this section constitutes a false or fraudulent claim
for purposes of section 15C.02.
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(b) A conviction under subdivision 3 constitutes a criminal offense relating to a state
grant agreement for purposes of section 16B.991, subdivision 1.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
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