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SF 107

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - 2nd Engrossment

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A bill for an act
 relating to state government; clarifying and strengthening laws prohibiting
misuse of state funds; prescribing criminal penalties; amending Minnesota
Statutes 2008, sections 3.971, subdivision 6; 16A.139; proposing coding for new
law in Minnesota Statutes, chapter 43A.

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 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, or any employee
deleted text begin thereofdeleted text end new text begin of a state departmentnew 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,
deleted text begin or fees collecteddeleted text end 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.
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. 3.

new text begin [43A.325] BEST PRACTICES FOR INVESTIGATIONS.
 new text end

new text begin The commissioner of finance must develop and make available to appointing
authorities 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