Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2420 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to state government; establishing a Commission on Government Efficiency​
33 1.3 and Ethics to investigate allegations of fraud in state programs and undisclosed​
44 1.4 legislative conflicts of interest; requiring a report; appropriating money; amending​
55 1.5 Minnesota Statutes 2024, section 16B.98, subdivision 8; proposing coding for new​
66 1.6 law in Minnesota Statutes, chapter 3.​
77 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
88 1.8 Section 1. [3.99] COMMISSION ON GOVERNMENT EFFICIENCY AND ETHICS.​
99 1.9 Subdivision 1.Creation.The Commission on Government Efficiency and Ethics is​
1010 1.10established to investigate allegations of fraud in state government and undisclosed conflicts​
1111 1.11of interest in the legislature.​
1212 1.12 Subd. 2.Membership.The commission consists of six members, three citizens appointed​
1313 1.13by the speaker of the house and three citizens appointed by the minority leader of the house​
1414 1.14of representatives, with the six citizen appointees approved as a slate by both the majority​
1515 1.15leader and minority leader of the senate. If the majority leader or minority leader of the​
1616 1.16senate rejects the slate, the speaker of the house and minority leader of the house of​
1717 1.17representatives must appoint a new slate for consideration. The speaker of the house and​
1818 1.18minority leader of the house must make appointments as soon as possible after the opening​
1919 1.19of the regular session of the legislature each odd-numbered year and must not appoint a​
2020 1.20current federal, state, or local elected official or a person who at any time was a candidate​
2121 1.21for partisan office.​
2222 1.22 Subd. 3.Terms.Members of the commission serve a two-year term beginning upon​
2323 1.23appointment and expiring upon appointment and approval of a successor after the opening​
2424 1​Section 1.​
2525 REVISOR SGS/LJ 25-04536​03/12/25 ​
2626 State of Minnesota​
2727 This Document can be made available​
2828 in alternative formats upon request​
2929 HOUSE OF REPRESENTATIVES​
3030 H. F. No. 2420​
3131 NINETY-FOURTH SESSION​
3232 Authored by Engen, Niska, Allen, Stier, Zeleznikar and others​03/17/2025​
3333 The bill was read for the first time and referred to the Committee on State Government Finance and Policy​ 2.1of the next regular session of the legislature in the odd-numbered year. There is no term​
3434 2.2limit for commission members.​
3535 2.3 Subd. 4.Reporting; reward.(a) The commission must maintain a website and telephone​
3636 2.4hotline for any person to report, and to do so anonymously if the person so chooses:​
3737 2.5 (1) suspected fraud in a program funded fully or partially, or administered fully or​
3838 2.6partially, by the state; or​
3939 2.7 (2) an undisclosed conflict of interest by a member of the house of representatives or​
4040 2.8senate.​
4141 2.9 (b) The commission may award up to $5,000 to any person whose report results in a​
4242 2.10criminal conviction, successful civil action, or the expulsion of a member of the house of​
4343 2.11representative or senate.​
4444 2.12 (c) For purposes of this section, "undisclosed conflict of interest" means voting on a​
4545 2.13question when the member has an immediate financial interest in the question without first​
4646 2.14disclosing the conflict as required under the rules of the house of representatives for members​
4747 2.15of the house, or the rules of the senate for members of the senate.​
4848 2.16 Subd. 5.Investigations; private investigator; cooperation required.(a) Any member​
4949 2.17of the commission may order an investigation based on a report or tip received by the​
5050 2.18commission or a commission member under subdivision 4 or otherwise.​
5151 2.19 (b) The commission must contract with a private investigator to perform an investigation​
5252 2.20under this subdivision.​
5353 2.21 (c) All public officials and their deputies and employees and all corporations, firms, and​
5454 2.22individuals having business involving the receipt, disbursement, or custody of public funds​
5555 2.23shall at all times:​
5656 2.24 (1) afford reasonable facilities for examinations by an investigator performing an​
5757 2.25investigation ordered by the commission;​
5858 2.26 (2) provide returns and reports required by the investigator;​
5959 2.27 (3) attend and answer under oath the investigator's lawful inquiries;​
6060 2.28 (4) produce and exhibit all books, accounts, documents, and property that the investigator​
6161 2.29requests to inspect; and​
6262 2.30 (5) in all things cooperate with the investigator.​
6363 2​Section 1.​
6464 REVISOR SGS/LJ 25-04536​03/12/25 ​ 3.1 Subd. 6.Forensic audits.A member of the commission may order a full forensic audit​
6565 3.2of any state agency or grantee named by the legislature. The commission must contract with​
6666 3.3a private entity to conduct the audit. For purposes of this subdivision, "forensic audit" means​
6767 3.4a systematic evaluation of the effectiveness of the grantee's internal controls over programs,​
6868 3.5processes, receipts, and expenditures to identify ineffective controls and vulnerabilities and​
6969 3.6to expose fraud, waste, and abuse.​
7070 3.7 Subd. 7.Reporting required.(a) If an investigation or forensic audit documents credible​
7171 3.8evidence of fraud, the commission must report to the appropriate law enforcement entity,​
7272 3.9the chair and ranking minority member of the Committee on Rules and Legislative​
7373 3.10Administration in the house of representatives, and the chair and ranking minority member​
7474 3.11of the Committee on Rules and Administration in the senate.​
7575 3.12 (b) If an investigation documents credible evidence of an undisclosed conflict of interest,​
7676 3.13the commission must issue a public report and submit this report to the chair and ranking​
7777 3.14minority member of the Committee on Rules and Legislative Administration in the house​
7878 3.15of representatives for an investigation concerning a member of the house of representatives,​
7979 3.16or the chair and ranking minority member of the Committee on Rules and Administration​
8080 3.17in the senate for an investigation concerning a member of the senate.​
8181 3.18 (c) At least annually, the commission must submit a report to the chair and ranking​
8282 3.19minority member of the Committee on Rules and Legislative Administration in the house​
8383 3.20of representatives and the chair and ranking minority member of the Committee on Rules​
8484 3.21and Administration in the senate with recommendations concerning the prevention of fraud​
8585 3.22in state programs and undisclosed conflicts of interest in the legislature.​
8686 3.23 Subd. 8.Meetings; officers.(a) The open meeting requirements of section 3.055 apply​
8787 3.24to meetings of the Commission on Government Efficiency and Ethics, except the commission​
8888 3.25may conduct a closed meeting when discussing a report received under subdivision 4, an​
8989 3.26active investigation ordered under subdivision 5, or a forensic audit ordered under subdivision​
9090 3.276. A meeting is not required for a member of the commission to order an investigation under​
9191 3.28subdivision 5 or a forensic audit under subdivision 6.​
9292 3.29 (b) The commission members must elect a chair and vice-chair, and other officers from​
9393 3.30its membership as it deems necessary.​
9494 3.31 Subd. 9.Staff support.The executive director of the Legislative Coordinating​
9595 3.32Commission must provide administrative support for the Commission on Government​
9696 3.33Efficiency and Ethics under section 3.305, subdivision 4.​
9797 3​Section 1.​
9898 REVISOR SGS/LJ 25-04536​03/12/25 ​ 4.1 Subd. 10.Compensation.Members serve without compensation but, if approved by​
9999 4.2the chair, may be reimbursed for their reasonable expenses in the same manner and amount​
100100 4.3as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2.​
101101 4.4 Sec. 2. Minnesota Statutes 2024, section 16B.98, subdivision 8, is amended to read:​
102102 4.5 Subd. 8.Audit.(a) A grant agreement made by an executive agency must include an​
103103 4.6audit clause that provides that the books, records, documents, and accounting procedures​
104104 4.7and practices of the grantee or other party that are relevant to the grant or transaction are​
105105 4.8subject to examination by the commissioner, the granting agency, private investigators​
106106 4.9under contract with the Commission on Government Efficiency and Ethics, and either the​
107107 4.10legislative auditor or the state auditor, as appropriate, for a minimum of six years from the​
108108 4.11grant agreement end date, receipt and approval of all final reports, or the required period​
109109 4.12of time to satisfy all state and program retention requirements, whichever is later. If a grant​
110110 4.13agreement does not include an express audit clause, the audit authority under this subdivision​
111111 4.14is implied.​
112112 4.15 (b) If the granting agency is a local unit of government, and the governing body of the​
113113 4.16local unit of government requests that the state auditor examine the books, records,​
114114 4.17documents, and accounting procedures and practices of the grantee or other party according​
115115 4.18to this subdivision, the granting agency shall be liable for the cost of the examination. If​
116116 4.19the granting agency is a local unit of government, and the grantee or other party requests​
117117 4.20that the state auditor examine all books, records, documents, and accounting procedures​
118118 4.21and practices related to the grant, the grantee or other party that requested the examination​
119119 4.22shall be liable for the cost of the examination.​
120120 4.23 (c) A grant agreement between an executive agency and a grantee named by the legislature​
121121 4.24must include a forensic audit clause requiring the grantee to fully cooperate with an​
122122 4.25investigation or forensic audit ordered by a member of the Commission on Government​
123123 4.26Efficiency and Ethics.​
124124 4.27 Sec. 3. APPROPRIATION; COMMISSION ON GOVERNMENT EFFICIENCY​
125125 4.28AND ETHICS.​
126126 4.29 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general​
127127 4.30fund to the executive director of the Legislative Coordinating Commission for purposes of​
128128 4.31the Commission on Government Efficiency and Ethics.​
129129 4​Sec. 3.​
130130 REVISOR SGS/LJ 25-04536​03/12/25 ​