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HF 7

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:32am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to state government; clarifying and strengthening laws prohibiting
misuse of state funds; amending Minnesota Statutes 2008, sections 3.971,
subdivision 6; 3.975; 16A.139; proposing coding for new law in Minnesota
Statutes, chapter 16A.

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

Section 1.

Minnesota Statutes 2008, section 3.971, subdivision 6, is amended to read:


Subd. 6.

Financial audits.

The legislative auditor shall audit the financial
statements of the state of Minnesota required by section 16A.50 and, as resources permit,
shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
agencies, departments, boards, commissions, courts, and other state organizations subject
to audit by the legislative auditor, including the State Agricultural Society, Agricultural
Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and
Metropolitan Mosquito Control District. Financial audits must be conducted according to
generally accepted government auditing standards. The legislative auditor shall see that
all provisions of law respecting the appropriate and economic use of public funds are
complied with and may, as part of a financial audit or separately, investigate allegations of
noncompliance deleted text begin by employees of departments and agencies of the state government and
the other organizations listed in this subdivisiondeleted text end .

Sec. 2.

Minnesota Statutes 2008, section 3.975, is amended to read:


3.975 DUTIES CONCERNING MISUSE OF PUBLIC MONEY OR OTHER
RESOURCES.

If a legislative auditor's examination discloses new text begin that a state official or employee has
used money for a purpose other than the purpose for which the money was appropriated
or discloses any other new text end misuse of public money or other public resources, the legislative
auditor shall file a report with the Legislative Audit Commission, the attorney general, and
the appropriate county attorney. The attorney general shall seek recovery of money and
other resources as the evidence may warrant. The county attorney shall cause criminal
proceedings to be instituted as the evidence may warrant.

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.

Minnesota Statutes 2008, section 16A.139, is amended to read:


16A.139 MISAPPROPRIATION OF MONEY.

deleted text begin It is illegal for anydeleted text end new text begin (a) No new text end official or head of any state department new text begin in the executive,
legislative, or judicial branchesnew text end , or any employee deleted text begin thereofdeleted text end new text begin of a state department in those
branchesnew text end , deleted text begin todeleted text end new text begin may intentionally new text end use deleted text begin moneysdeleted text end new text begin moneynew text end appropriated by law, or fees collected
new text begin knowing that the use is new text end for deleted text begin any otherdeleted text end new text begin anew text end purposenew text begin othernew text end than the purpose for which the
deleted text begin moneys have beendeleted text end new text begin money was new text end appropriateddeleted text begin , and any such act by anydeleted text end new text begin . Unless a greater
penalty is specified elsewhere in law, a person who violates this paragraph is guilty of a
gross misdemeanor.new text end

new text begin (b) A violation of paragraph (a) by a new text end head of a department, or any state official, is
cause for immediate removal of the official or head of a state department from the position
held with the government of this state.new text begin A criminal conviction under paragraph (a) is not a
prerequisite for removal. This paragraph does not apply to a judge, a constitutional officer,
or a legislator, except as potential grounds for expulsion, impeachment, or recall in the
manner specified in article IV, section 7, and article VIII of the Minnesota Constitution.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
 new text end

Sec. 4.

new text begin [16A.1391] BEST PRACTICES FOR INVESTIGATIONS.
 new text end

new text begin The commissioner of finance must develop and make available to appointing
authorities in the executive, legislative, and judicial branches a best practices policy for
conducting investigations in which the appointing authority compels its employees to
answer questions about allegedly inappropriate activity. The best practices policy must
be designed to facilitate effective investigations, without compromising the ability to
prosecute criminal cases when appropriate. Each appointing authority must follow the
best practices policy or, in consultation with the attorney general, must develop its own
policy for conducting these investigations.
 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