1 | 1 | | 1.1 A bill for an act |
---|
2 | 2 | | 1.2 relating to state government; establishing a Commission on Government Efficiency |
---|
3 | 3 | | 1.3 and Ethics to investigate allegations of fraud in state programs and undisclosed |
---|
4 | 4 | | 1.4 legislative conflicts of interest; requiring a report; appropriating money; amending |
---|
5 | 5 | | 1.5 Minnesota Statutes 2024, section 16B.98, subdivision 8; proposing coding for new |
---|
6 | 6 | | 1.6 law in Minnesota Statutes, chapter 3. |
---|
7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
---|
8 | 8 | | 1.8 Section 1. [3.99] COMMISSION ON GOVERNMENT EFFICIENCY AND ETHICS. |
---|
9 | 9 | | 1.9 Subdivision 1.Creation.The Commission on Government Efficiency and Ethics is |
---|
10 | 10 | | 1.10established to investigate allegations of fraud in state government and undisclosed conflicts |
---|
11 | 11 | | 1.11of interest in the legislature. |
---|
12 | 12 | | 1.12 Subd. 2.Membership.The commission consists of six members, three citizens appointed |
---|
13 | 13 | | 1.13by the speaker of the house and three citizens appointed by the minority leader of the house |
---|
14 | 14 | | 1.14of representatives, with the six citizen appointees approved as a slate by both the majority |
---|
15 | 15 | | 1.15leader and minority leader of the senate. If the majority leader or minority leader of the |
---|
16 | 16 | | 1.16senate rejects the slate, the speaker of the house and minority leader of the house of |
---|
17 | 17 | | 1.17representatives must appoint a new slate for consideration. The speaker of the house and |
---|
18 | 18 | | 1.18minority leader of the house must make appointments as soon as possible after the opening |
---|
19 | 19 | | 1.19of the regular session of the legislature each odd-numbered year and must not appoint a |
---|
20 | 20 | | 1.20current federal, state, or local elected official or a person who at any time was a candidate |
---|
21 | 21 | | 1.21for partisan office. |
---|
22 | 22 | | 1.22 Subd. 3.Terms.Members of the commission serve a two-year term beginning upon |
---|
23 | 23 | | 1.23appointment and expiring upon appointment and approval of a successor after the opening |
---|
24 | 24 | | 1Section 1. |
---|
25 | 25 | | REVISOR SGS/LJ 25-0453603/12/25 |
---|
26 | 26 | | State of Minnesota |
---|
27 | 27 | | This Document can be made available |
---|
28 | 28 | | in alternative formats upon request |
---|
29 | 29 | | HOUSE OF REPRESENTATIVES |
---|
30 | 30 | | H. F. No. 2420 |
---|
31 | 31 | | NINETY-FOURTH SESSION |
---|
32 | 32 | | Authored by Engen, Niska, Allen, Stier, Zeleznikar and others03/17/2025 |
---|
33 | 33 | | 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 |
---|
34 | 34 | | 2.2limit for commission members. |
---|
35 | 35 | | 2.3 Subd. 4.Reporting; reward.(a) The commission must maintain a website and telephone |
---|
36 | 36 | | 2.4hotline for any person to report, and to do so anonymously if the person so chooses: |
---|
37 | 37 | | 2.5 (1) suspected fraud in a program funded fully or partially, or administered fully or |
---|
38 | 38 | | 2.6partially, by the state; or |
---|
39 | 39 | | 2.7 (2) an undisclosed conflict of interest by a member of the house of representatives or |
---|
40 | 40 | | 2.8senate. |
---|
41 | 41 | | 2.9 (b) The commission may award up to $5,000 to any person whose report results in a |
---|
42 | 42 | | 2.10criminal conviction, successful civil action, or the expulsion of a member of the house of |
---|
43 | 43 | | 2.11representative or senate. |
---|
44 | 44 | | 2.12 (c) For purposes of this section, "undisclosed conflict of interest" means voting on a |
---|
45 | 45 | | 2.13question when the member has an immediate financial interest in the question without first |
---|
46 | 46 | | 2.14disclosing the conflict as required under the rules of the house of representatives for members |
---|
47 | 47 | | 2.15of the house, or the rules of the senate for members of the senate. |
---|
48 | 48 | | 2.16 Subd. 5.Investigations; private investigator; cooperation required.(a) Any member |
---|
49 | 49 | | 2.17of the commission may order an investigation based on a report or tip received by the |
---|
50 | 50 | | 2.18commission or a commission member under subdivision 4 or otherwise. |
---|
51 | 51 | | 2.19 (b) The commission must contract with a private investigator to perform an investigation |
---|
52 | 52 | | 2.20under this subdivision. |
---|
53 | 53 | | 2.21 (c) All public officials and their deputies and employees and all corporations, firms, and |
---|
54 | 54 | | 2.22individuals having business involving the receipt, disbursement, or custody of public funds |
---|
55 | 55 | | 2.23shall at all times: |
---|
56 | 56 | | 2.24 (1) afford reasonable facilities for examinations by an investigator performing an |
---|
57 | 57 | | 2.25investigation ordered by the commission; |
---|
58 | 58 | | 2.26 (2) provide returns and reports required by the investigator; |
---|
59 | 59 | | 2.27 (3) attend and answer under oath the investigator's lawful inquiries; |
---|
60 | 60 | | 2.28 (4) produce and exhibit all books, accounts, documents, and property that the investigator |
---|
61 | 61 | | 2.29requests to inspect; and |
---|
62 | 62 | | 2.30 (5) in all things cooperate with the investigator. |
---|
63 | 63 | | 2Section 1. |
---|
64 | 64 | | REVISOR SGS/LJ 25-0453603/12/25 3.1 Subd. 6.Forensic audits.A member of the commission may order a full forensic audit |
---|
65 | 65 | | 3.2of any state agency or grantee named by the legislature. The commission must contract with |
---|
66 | 66 | | 3.3a private entity to conduct the audit. For purposes of this subdivision, "forensic audit" means |
---|
67 | 67 | | 3.4a systematic evaluation of the effectiveness of the grantee's internal controls over programs, |
---|
68 | 68 | | 3.5processes, receipts, and expenditures to identify ineffective controls and vulnerabilities and |
---|
69 | 69 | | 3.6to expose fraud, waste, and abuse. |
---|
70 | 70 | | 3.7 Subd. 7.Reporting required.(a) If an investigation or forensic audit documents credible |
---|
71 | 71 | | 3.8evidence of fraud, the commission must report to the appropriate law enforcement entity, |
---|
72 | 72 | | 3.9the chair and ranking minority member of the Committee on Rules and Legislative |
---|
73 | 73 | | 3.10Administration in the house of representatives, and the chair and ranking minority member |
---|
74 | 74 | | 3.11of the Committee on Rules and Administration in the senate. |
---|
75 | 75 | | 3.12 (b) If an investigation documents credible evidence of an undisclosed conflict of interest, |
---|
76 | 76 | | 3.13the commission must issue a public report and submit this report to the chair and ranking |
---|
77 | 77 | | 3.14minority member of the Committee on Rules and Legislative Administration in the house |
---|
78 | 78 | | 3.15of representatives for an investigation concerning a member of the house of representatives, |
---|
79 | 79 | | 3.16or the chair and ranking minority member of the Committee on Rules and Administration |
---|
80 | 80 | | 3.17in the senate for an investigation concerning a member of the senate. |
---|
81 | 81 | | 3.18 (c) At least annually, the commission must submit a report to the chair and ranking |
---|
82 | 82 | | 3.19minority member of the Committee on Rules and Legislative Administration in the house |
---|
83 | 83 | | 3.20of representatives and the chair and ranking minority member of the Committee on Rules |
---|
84 | 84 | | 3.21and Administration in the senate with recommendations concerning the prevention of fraud |
---|
85 | 85 | | 3.22in state programs and undisclosed conflicts of interest in the legislature. |
---|
86 | 86 | | 3.23 Subd. 8.Meetings; officers.(a) The open meeting requirements of section 3.055 apply |
---|
87 | 87 | | 3.24to meetings of the Commission on Government Efficiency and Ethics, except the commission |
---|
88 | 88 | | 3.25may conduct a closed meeting when discussing a report received under subdivision 4, an |
---|
89 | 89 | | 3.26active investigation ordered under subdivision 5, or a forensic audit ordered under subdivision |
---|
90 | 90 | | 3.276. A meeting is not required for a member of the commission to order an investigation under |
---|
91 | 91 | | 3.28subdivision 5 or a forensic audit under subdivision 6. |
---|
92 | 92 | | 3.29 (b) The commission members must elect a chair and vice-chair, and other officers from |
---|
93 | 93 | | 3.30its membership as it deems necessary. |
---|
94 | 94 | | 3.31 Subd. 9.Staff support.The executive director of the Legislative Coordinating |
---|
95 | 95 | | 3.32Commission must provide administrative support for the Commission on Government |
---|
96 | 96 | | 3.33Efficiency and Ethics under section 3.305, subdivision 4. |
---|
97 | 97 | | 3Section 1. |
---|
98 | 98 | | REVISOR SGS/LJ 25-0453603/12/25 4.1 Subd. 10.Compensation.Members serve without compensation but, if approved by |
---|
99 | 99 | | 4.2the chair, may be reimbursed for their reasonable expenses in the same manner and amount |
---|
100 | 100 | | 4.3as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2. |
---|
101 | 101 | | 4.4 Sec. 2. Minnesota Statutes 2024, section 16B.98, subdivision 8, is amended to read: |
---|
102 | 102 | | 4.5 Subd. 8.Audit.(a) A grant agreement made by an executive agency must include an |
---|
103 | 103 | | 4.6audit clause that provides that the books, records, documents, and accounting procedures |
---|
104 | 104 | | 4.7and practices of the grantee or other party that are relevant to the grant or transaction are |
---|
105 | 105 | | 4.8subject to examination by the commissioner, the granting agency, private investigators |
---|
106 | 106 | | 4.9under contract with the Commission on Government Efficiency and Ethics, and either the |
---|
107 | 107 | | 4.10legislative auditor or the state auditor, as appropriate, for a minimum of six years from the |
---|
108 | 108 | | 4.11grant agreement end date, receipt and approval of all final reports, or the required period |
---|
109 | 109 | | 4.12of time to satisfy all state and program retention requirements, whichever is later. If a grant |
---|
110 | 110 | | 4.13agreement does not include an express audit clause, the audit authority under this subdivision |
---|
111 | 111 | | 4.14is implied. |
---|
112 | 112 | | 4.15 (b) If the granting agency is a local unit of government, and the governing body of the |
---|
113 | 113 | | 4.16local unit of government requests that the state auditor examine the books, records, |
---|
114 | 114 | | 4.17documents, and accounting procedures and practices of the grantee or other party according |
---|
115 | 115 | | 4.18to this subdivision, the granting agency shall be liable for the cost of the examination. If |
---|
116 | 116 | | 4.19the granting agency is a local unit of government, and the grantee or other party requests |
---|
117 | 117 | | 4.20that the state auditor examine all books, records, documents, and accounting procedures |
---|
118 | 118 | | 4.21and practices related to the grant, the grantee or other party that requested the examination |
---|
119 | 119 | | 4.22shall be liable for the cost of the examination. |
---|
120 | 120 | | 4.23 (c) A grant agreement between an executive agency and a grantee named by the legislature |
---|
121 | 121 | | 4.24must include a forensic audit clause requiring the grantee to fully cooperate with an |
---|
122 | 122 | | 4.25investigation or forensic audit ordered by a member of the Commission on Government |
---|
123 | 123 | | 4.26Efficiency and Ethics. |
---|
124 | 124 | | 4.27 Sec. 3. APPROPRIATION; COMMISSION ON GOVERNMENT EFFICIENCY |
---|
125 | 125 | | 4.28AND ETHICS. |
---|
126 | 126 | | 4.29 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general |
---|
127 | 127 | | 4.30fund to the executive director of the Legislative Coordinating Commission for purposes of |
---|
128 | 128 | | 4.31the Commission on Government Efficiency and Ethics. |
---|
129 | 129 | | 4Sec. 3. |
---|
130 | 130 | | REVISOR SGS/LJ 25-0453603/12/25 |
---|