Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1338 Latest Draft

Bill / Introduced Version Filed 02/21/2025

                            1.1	A bill for an act​
1.2 relating to state government; creating the Office of the Inspector General; requiring​
1.3 reports; appropriating money; proposing coding for new law as Minnesota Statutes,​
1.4 chapter 15D.​
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. [15D.01] OFFICE OF THE INSPECTOR GENERAL.​
1.7 (a) The Office of the Inspector General serves as an independent entity responsible for​
1.8ensuring accountability, transparency, and integrity in the operations of state agencies and​
1.9programs.​
1.10 (b) The Office of the Inspector General shall operate independently of all state executive​
1.11branch agencies and report directly to the Inspector General Advisory Council established​
1.12in this chapter. The office shall not be subject to direction or interference from any executive,​
1.13legislative, or judicial authority, other than the Inspector General Advisory Council.​
1.14 EFFECTIVE DATE.This section is effective January 1, 2026.​
1.15 Sec. 2. [15D.02] DEFINITIONS.​
1.16 For the purposes of this chapter, the following terms have the meanings given:​
1.17 (1) "abuse" means the misuse of authority or position for personal gain or to cause harm​
1.18to others, including the improper use of state resources or programs contrary to their intended​
1.19purpose;​
1.20 (2) "agency program" means a program funded or administered by a state agency,​
1.21including grants and contracts;​
1​Sec. 2.​
REVISOR SGS/DG 25-02712​01/28/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  1338​
NINETY-FOURTH SESSION​ 2.1 (3) "fraud" means intentional acts of deception to gain an unlawful benefit;​
2.2 (4) "investigation" means an audit, review, or inquiry conducted by the inspector general​
2.3to detect or prevent fraud, waste, or abuse; and​
2.4 (5) "waste" means the negligent or careless expenditure, mismanagement, or squandering​
2.5of resources that result in unnecessary costs. Waste may also include inefficient practices​
2.6that could be avoided through reasonable efforts.​
2.7 EFFECTIVE DATE.This section is effective January 1, 2026.​
2.8 Sec. 3. [15D.03] INSPECTOR GENERAL.​
2.9 Subdivision 1.Minimum qualifications.(a) To be eligible to be appointed as inspector​
2.10general, a candidate must:​
2.11 (1) have a bachelor's degree in criminal justice, public administration, law, or a related​
2.12field;​
2.13 (2) have at least ten years of professional experience in auditing, investigations, law​
2.14enforcement, or a related area;​
2.15 (3) hold a professional certificate from the Association of Inspectors General, including​
2.16Certified Inspector General or Certified Inspector General Investigator; and​
2.17 (4) demonstrate a commitment to safeguarding the mission of public service and provide​
2.18a public disclosure of prior professional opinions, positions, or actions that may influence​
2.19the candidate's approach to the role.​
2.20 (b) Current or former commissioners, agency heads, or deputy agency heads are not​
2.21eligible to serve as inspector general within five years of their service in those roles.​
2.22 Subd. 2.Appointment.The Inspector General Advisory Council will select the inspector​
2.23general after a competitive process from among eligible applicants for the position of​
2.24inspector general. The council must assess eligible candidates based on qualifications,​
2.25including experience in auditing, financial analysis, public administration, law enforcement,​
2.26or related fields.​
2.27 Subd. 3.Term.The inspector general serves a five-year term and may be appointed to​
2.28two terms. The inspector general may only be removed for cause by a vote of at least 60​
2.29percent of the members of the advisory council.​
2.30 EFFECTIVE DATE.This section is effective January 1, 2026.​
2​Sec. 3.​
REVISOR SGS/DG 25-02712​01/28/25 ​ 3.1 Sec. 4. [15D.04] POWERS AND DUTIES.​
3.2 The inspector general is authorized and responsible for:​
3.3 (1) conducting audits, inspections, evaluations, and investigations of state executive​
3.4branch agencies and programs according to professional auditing standards to: (i) identify​
3.5fraud, waste, abuse, and inefficiencies; (ii) make recommendations for changes to programs​
3.6for improving effectiveness and efficiency; and (iii) protect the integrity of the use of state​
3.7funds;​
3.8 (2) issuing subpoenas to compel the production of documents or testimony relevant to​
3.9investigations;​
3.10 (3) referring matters for civil, criminal, or administrative action to the appropriate​
3.11authorities;​
3.12 (4) recommending legislative or policy changes to improve program efficiency and​
3.13effectiveness;​
3.14 (5) publishing reports on completion of an audit or investigation summarizing findings,​
3.15recommendations, and outcomes of the inspector general's activities;​
3.16 (6) establishing a specialized division within the Office of the Inspector General to​
3.17investigate fraud, waste, and abuse involving state law enforcement and public safety​
3.18programs. This division shall ensure that investigations are independent and distinct from​
3.19the roles of the attorney general or Department of Public Safety;​
3.20 (7) investigating any public or private entity that receives taxpayer funds to ensure​
3.21compliance with applicable laws, proper use of funds, and adherence to program​
3.22requirements;​
3.23 (8) conducting pre-appointment reviews for all senior agency officials to identify potential​
3.24conflicts of interest, ensuring their suitability for positions of public trust; and​
3.25 (9) submitting an annual report summarizing the work of the office to the Inspector​
3.26General Advisory Council and make the report publicly available by posting the report on​
3.27the inspector general's website.​
3.28 EFFECTIVE DATE.This section is effective January 1, 2026.​
3.29 Sec. 5. [15D.05] RESOURCES; APPROPRIATION.​
3.30 Subdivision 1.Staff.The inspector general may hire and manage staff, including certified​
3.31public accountants, legal experts, and investigators, as necessary. The inspector general​
3​Sec. 5.​
REVISOR SGS/DG 25-02712​01/28/25 ​ 4.1must employ at least two licensed peace officers to serve as investigators and to assist with​
4.2investigations requiring specialized law enforcement knowledge.​
4.3 Subd. 2.Contracting.The inspector general may contract with external experts to​
4.4support the work of the office.​
4.5 Subd. 3.Appropriation.$....... is appropriated each year from the general fund for the​
4.6operations of the Office of the Inspector General.​
4.7 EFFECTIVE DATE.This section is effective January 1, 2026.​
4.8 Sec. 6. [15D.06] REPORTING AND TRANSPARENCY.​
4.9 Subdivision 1.Reports.The inspector general must issue public reports detailing​
4.10completed audits, investigations, and corrective actions taken.​
4.11 Subd. 2.Confidential information.In public reports, the inspector general must redact​
4.12sensitive or confidential information to comply with privacy laws and protect whistleblowers.​
4.13 Subd. 3.Public tips.The inspector general must maintain a phone line and website for​
4.14reporting fraud, waste, and abuse that allows the person making the report to remain​
4.15anonymous.​
4.16 EFFECTIVE DATE.This section is effective January 1, 2026.​
4.17 Sec. 7. [15D.07] PROFESSIONAL STANDARDS AND REVIEW.​
4.18 The inspector general's activities must adhere to professional standards as promulgated​
4.19by the Association of Inspectors General or other recognized bodies.​
4.20 EFFECTIVE DATE.This section is effective January 1, 2026.​
4.21 Sec. 8. [15D.08] INSPECTOR GENERAL ADVISORY COUNCIL.​
4.22 Subdivision 1.Membership.To ensure impartiality and independence, the inspector​
4.23general shall be appointed and supervised by the Inspector General Advisory Council​
4.24comprised of:​
4.25 (1) two members of the public appointed by the majority leader of the senate;​
4.26 (2) two members of the public appointed by the minority leader of the senate;​
4.27 (3) two members of the public appointed by the speaker of the house of representatives;​
4.28 (4) two members of the public appointed by the minority leader of the house of​
4.29representatives;​
4​Sec. 8.​
REVISOR SGS/DG 25-02712​01/28/25 ​ 5.1 (5) two members of the public appointed by the legislative auditor; and​
5.2 (6) one representative from the Bureau of Criminal Apprehension, appointed by the​
5.3superintendent of the Bureau of Criminal Apprehension.​
5.4 Subd. 2.Qualifications for membership.(a) To be eligible for appointment to the​
5.5Inspector General Advisory Council, a candidate must:​
5.6 (1) not be a currently registered lobbyist and must not have been a registered lobbyist​
5.7in the five years prior to appointment; and​
5.8 (2) have practical experience, expertise, or demonstrated knowledge in auditing, financial​
5.9analysis, public administration, law enforcement, or related fields.​
5.10 (b) Appointing authorities may prioritize candidates for appointment to the Inspector​
5.11General Advisory Council who are members of the Minnesota State Bar Criminal Law​
5.12section or who have served in the Office of Public Corruption for the Federal Bureau of​
5.13Investigation.​
5.14 Subd. 3.Terms.Members serve at the pleasure of their appointing authorities and each​
5.15member serves until a replacement is appointed.​
5.16 Subd. 4.Per diem; expense reimbursement.Members may be compensated for time​
5.17spent on council duties and may be reimbursed for expenses according to section 15.059,​
5.18subdivision 3.​
5.19 Subd. 5.Meeting space; staff.The Legislative Coordinating Commission must provide​
5.20meeting space and staff to assist the council in performing its duties.​
5.21 Subd. 6.Contracting for external review.The council must contract for an external​
5.22quality assurance review of the Office of the Inspector General every three years and must​
5.23make findings from the review public.​
5.24 EFFECTIVE DATE.This section is effective the day following final enactment. The​
5.25council must appoint an inspector general by January 1, 2026.​
5.26 Sec. 9. OFFICE OF THE INSPECTOR GENERAL ESTABLISHMENT AND​
5.27TRANSITION.​
5.28 Subdivision 1.Appointment.By January 1, 2026, the Inspector General Advisory​
5.29Council must appoint an inspector general under Minnesota Statutes, section 15D.03.​
5.30 Subd. 2.Operational.By September 1, 2026, the Office of Inspector General must be​
5.31fully operational.​
5​Sec. 9.​
REVISOR SGS/DG 25-02712​01/28/25 ​ 6.1 Subd. 3.Transition of employees.Before September 1, 2026, all officers and employees​
6.2employed in an office of inspector general for a state agency shall transition to employment​
6.3under the Office of the Inspector General under Minnesota Statutes, chapter 15D.​
6.4 Subd. 4.Assets.Before September 1, 2026, assets and unused appropriations for existing​
6.5offices of inspectors general shall be transferred to the Office of the Inspector General under​
6.6Minnesota Statutes, chapter 15D.​
6.7 Subd. 5.Office space.The commissioner of administration must provide office space​
6.8on the Capitol Mall complex for the Office of the Inspector General under Minnesota​
6.9Statutes, chapter 15D, under a rental agreement.​
6.10 EFFECTIVE DATE.This section is effective January 1, 2026.​
6.11 Sec. 10. INSPECTOR GENERAL ADVISORY COUNCIL; INITIAL​
6.12APPOINTMENTS AND FIRST MEETING.​
6.13 Subdivision 1.Initial appointments.Appointing authorities must make appointments​
6.14to the Inspector General Advisory Council by August 1, 2025.​
6.15 Subd. 2.First meeting.The member appointed by the representative from the Bureau​
6.16of Criminal Apprehension must convene the first meeting of the Inspector General Advisory​
6.17Council by September 15, 2025.​
6​Sec. 10.​
REVISOR SGS/DG 25-02712​01/28/25 ​