Minnesota Legislature
SF 107
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am
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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 3.975;
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 3.975, 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. 2.
Minnesota Statutes 2008, section 16A.139, is amended to read:
16A.139 MISAPPROPRIATION OF MONEY.
It is illegal for any official or head of any state department, or any employee thereof,
to new text begin 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 havedeleted text end new text begin
money hasnew text end been appropriateddeleted text begin ,deleted text end new text begin . new text end deleted text begin anddeleted text end Any such new text begin intentional and knowing new text end act by any head
of a department, or any state official, isnew text begin : (1)new text end cause for immediate removal of the official
or head of a state department from the position held with the government of this statenew text begin ;
and (2) a gross misdemeanor, and punishable by imprisonment for not more than one year
or to payment of a fine of not more than $3,000, or bothnew text end .
new text begin 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 violations 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 attorney general, in consultation with 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