HF 3034

as introduced - 90th Legislature (2017 - 2018) Posted on 02/26/2018 02:26pm

A bill for an act
relating to government accountability; providing for state and local government
settlement accountability and transparency; requiring reports; proposing coding
for new law in Minnesota Statutes, chapters 3; 15; 465.

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

Section 1.

new text begin [3.161] LEGISLATIVE SETTLEMENT ACCOUNTABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Public funds prohibited. new text end

new text begin No funds of the house of representatives,
senate, or Legislative Coordinating Commission may be used for the payment of an award
or settlement, including attorney fees and related costs, in connection with an allegation of
sexual harassment or sexual assault by an employee or legislative member.
new text end

new text begin Subd. 2. new text end

new text begin Nondisclosure agreements prohibited. new text end

new text begin A nondisclosure agreement must not
be imposed on any party as a condition of an award or settlement by any employee or
legislative member of the house of representatives, senate, or Legislative Coordinating
Commission if the award or settlement results from an allegation of sexual harassment or
sexual assault.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to settlements and awards paid on or after that date.
new text end

Sec. 2.

new text begin [15.476] REPORT ON SETTLEMENTS.
new text end

new text begin (a) By January 15, 2019, and annually thereafter, the commissioner of management and
budget, on behalf of and with cooperation from each state agency and department, shall
submit to the chair and ranking minority member of the Legislative Coordinating
Commission, and make available to the public on the Department of Management and
Budget's Web site, a report on all payments made with public funds for the previous calendar
year for awards and settlements in connection with an allegation of employee or employer
misconduct by any person employed in the executive branch as defined under section 43A.02,
subdivision 22. The report must include:
new text end

new text begin (1) the amount paid for each award or settlement, including attorney fees and related
costs;
new text end

new text begin (2) the source of the public funds used for the award or settlement; and
new text end

new text begin (3) the source of the employing agency or department involved and the name of the
individual who allegedly committed the violation.
new text end

new text begin (b) The report under paragraph (a) must not disclose the identity of any individual who
received an award or settlement, or who made the allegation of misconduct against an
employee or an employing agency.
new text end

new text begin (c) For the purposes of this section:
new text end

new text begin (1) an act of employee or employer misconduct means conduct by an employee or
employer resulting in an award or settlement in connection with negligent, reckless, or
intentional conduct, on or off the job, that displays a serious violation of the standards of
behavior expected of an employee or employer; and
new text end

new text begin (2) "public funds" means all general, special, permanent, trust, and others funds,
regardless of source or purpose, held or administered by the executive branch.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [465.791] REPORT ON SETTLEMENTS.
new text end

new text begin (a) By January 15, 2019, and annually thereafter, each political subdivision of the state
shall submit to the chair and ranking minority member of the Legislative Coordinating
Commission, and make available to the public on the public subdivision's Web site, a report
on all payments made with public funds for the previous calendar year for awards and
settlements in connection with an allegation of employee or employer misconduct by any
person employed by the political subdivision as defined under paragraph (c). The report
must include:
new text end

new text begin (1) the amount paid for each award or settlement, including attorney fees and related
costs;
new text end

new text begin (2) the source of the public funds used for the award or settlement; and
new text end

new text begin (3) the source of the employing political subdivision involved and the name of the
individual who allegedly committed the violation.
new text end

new text begin (b) The report under paragraph (a) must not disclose the identity of any individual who
received an award or settlement, or who made the allegation of misconduct against an
employee or an employing political subdivision.
new text end

new text begin (c) For the purposes of this section:
new text end

new text begin (1) an act of employee or employer misconduct means conduct by an employee or an
employer resulting in an award or settlement in connection with negligent, reckless, or
intentional conduct, on or off the job, that displays a serious violation of the standards of
behavior expected of an employee or employer;
new text end

new text begin (2) "political subdivision" means a county, home rule charter or statutory city, town,
school district, metropolitan or regional agency, public corporation, or special taxing district;
and
new text end

new text begin (3) "public funds" means all general, special, permanent, trust, and other funds, regardless
of source or purpose, held or administered by the political subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin UNIVERSITY OF MINNESOTA REPORT ON SETTLEMENTS.
new text end

new text begin The University of Minnesota is requested to issue an annual report on payments made
with public funds in connection with University of Minnesota employees or the university
as the employer in the same manner as required of the commissioner of management and
budget under Minnesota Statutes, section 15.476. For the purposes of this section, "public
funds" means all general, special, permanent, trust, and other funds, regardless of source
or purpose, held or administered by the University of Minnesota.
new text end