SF 4640
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/08/2026 10:32 a.m.
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A bill for an act
relating to state government; precluding state employees and legislators from
taking employment with or serve as an independent contractor for grant recipients
in certain situations; imposing a penalty; amending the definition of serious crime
for purposes of recalling a state officer; amending Minnesota Statutes 2024, sections
43A.38, subdivision 2, by adding a subdivision; 211C.01, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapters 3; 181.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[3.0845] FORMER LEGISLATORS EMPLOYMENT RESTRICTIONS.
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(a) A former legislator must not accept employment with an employer within 5 years
after leaving legislative office if, while a member of the legislature, the person voted on
final passage for a law that expressly named the employer as a recipient of a grant.
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(b) A former legislator must not enter into a contract to provide services to a person or
business entity within 12 months after leaving office if, while a member of the legislature,
the person voted on final passage for a law that expressly named the person or business
entity as a recipient of a grant.
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Sec. 2.
Minnesota Statutes 2024, section 43A.38, subdivision 2, is amended to read:
Subd. 2.
Acceptance of gifts; favors.
new text begin (a) new text end Employees in the executive branch in the
course of or in relation to their official duties shall not directly or indirectly receive or agree
to receive any payment of expense, compensation, gift, reward, gratuity, favor, service or
promise of future employment or other future benefit from any source, except the state for
any activity related to the duties of the employee unless otherwise provided by law. However,
the acceptance of any of the following shall not be a violation of this subdivision:
deleted text begin (a)deleted text end new text begin (1)new text end gifts of nominal value or gifts or textbooks which may be accepted pursuant to
section 15.43deleted text begin .deleted text end new text begin ;
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deleted text begin (b)deleted text end new text begin (2)new text end plaques or similar mementos recognizing individual services in a field of specialty
or to a charitable causedeleted text begin .deleted text end new text begin ;
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deleted text begin (c)deleted text end new text begin (3)new text end payment of reimbursement expenses for travel or meals, not to exceed actual
expenses incurred, which are not reimbursed by the state and which have been approved in
advance by the appointing authority as part of the work assignmentdeleted text begin .deleted text end new text begin ;
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deleted text begin (d)deleted text end new text begin (4)new text end honoraria or expenses paid for papers, talks, demonstrations, or appearances
made by employees on their own time for which they are not compensated by the statedeleted text begin .deleted text end new text begin ;
and
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deleted text begin (e)deleted text end new text begin (5)new text end tips received by employees engaged in food service and room cleaning at restaurant
and lodging facilities in Itasca State Park.
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(b) A former employee must not accept employment with an employer within 5 years
after leaving state service if, while employed by the state, the employee:
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(1) participated in evaluating or selecting grant recipients for a grant program that
awarded a grant to the employer;
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(2) participated in ranking grant applicants for a grant program to which the employer
applied; or
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(3) administered or audited a grant awarded to the employer.
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(c) A former employee must not enter into a contract to provide services to a person or
business entity within 12 months after leaving state service if, while employed by the state,
the employee:
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(1) participated in evaluating or selecting grant recipients for a grant program that
awarded a grant to the person or business entity;
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(2) participated in ranking grant applicants for a grant program to which the person or
business entity applied; or
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(3) administered or audited a grant awarded to the person or business entity.
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Sec. 3.
Minnesota Statutes 2024, section 43A.38, is amended by adding a subdivision to
read:
new text begin Subd. 10. new text end
new text begin Penalties. new text end
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A violation of subdivision 2, paragraph (b), is a violation of section
609.42.
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Sec. 4.
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[181.995] EMPLOYMENT RESTRICTION FOR GRANT APPLICANTS
AND RECIPIENTS.
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new text begin Subdivision 1. new text end
new text begin Former state employees. new text end
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An employer must not employ a person who,
while employed by the state within the previous 5 years:
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(1) participated in evaluating or selecting grant recipients for a grant program that
awarded the employer a grant;
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(2) participated in ranking grant applicants for the grant program to which the employer
applied; or
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(3) administered or audited a grant awarded to the employer.
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new text begin Subd. 2. new text end
new text begin Legislators and former legislators. new text end
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An employer must not employ a legislator
or former legislator who voted, within the previous 5 years, in favor of a law that expressly
names the employer as a grant recipient.
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new text begin Subd. 3. new text end
new text begin Penalty for violation. new text end
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Violation of this section is a violation of section 609.42.
A grant agreement that resulted from a violation of this section is void. Any amount paid
by the state under the grant agreement must be repaid to the state. An employer who violates
this section is precluded from receiving a state grant for a period of 10 years following the
start of employment that violates this section.
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new text begin Subd. 4. new text end
new text begin Definitions. new text end
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For purposes of this section, "employ" means paying for services
under a traditional employment arrangement or through contracting for services; and
"employer" means a traditional employer and a person or business entity contracting for
services.
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Sec. 5.
Minnesota Statutes 2024, section 211C.01, subdivision 4, is amended to read:
Subd. 4.
Serious crime.
deleted text begin (a)deleted text end "Serious crime" meansnew text begin :
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new text begin (1)new text end a crime that is punished as a gross misdemeanor, as defined in section 609.02, and
that involves assault, intentional injury or threat of injury to person or public safety,
dishonesty, harassment, aggravated driving while intoxicated, coercion, obstruction of
justice, or the sale or possession of controlled substancesdeleted text begin .deleted text end new text begin ;
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deleted text begin (b) "Serious crime" also meansdeleted text end new text begin (2)new text end a crime that is punished as a misdemeanor, as defined
in section 609.02, and that involves assault, intentional injury or threat of injury to person
or public safety, dishonesty, coercion, obstruction of justice, or the sale or possession of
controlled substancesnew text begin ; or
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new text begin (3) a crime as defined in section 16A.139, paragraph (a); 609.465; or 609.54new text end .