Minnesota 2025-2026 Regular Session

Minnesota House Bill HF3043 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to public safety; establishing the crime of illegal remunerations; making
3	3	1.3 a conforming change; amending Minnesota Statutes 2024, section 256B.12;
4	4	1.4 proposing coding for new law in Minnesota Statutes, chapter 609.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 256B.12, is amended to read:
7	7	1.7 256B.12 LEGAL REPRESENTATION.
8	8	1.8 The attorney general or the appropriate county attorney appearing at the direction of the
9	9	1.9attorney general shall be the attorney for the state agency, and the county attorney of the
10	10	1.10appropriate county shall be the attorney for the local agency in all matters pertaining hereto.
11	11	1.11To prosecute under this chapter or sections 609.466 and; 609.52, subdivision 2,; and 609.542,
12	12	1.12or to recover payments wrongfully made under this chapter, the attorney general or the
13	13	1.13appropriate county attorney, acting independently or at the direction of the attorney general
14	14	1.14may institute a criminal or civil action.
15	15	1.15 Sec. 2. [609.542] ILLEGAL REMUNERATIONS.
16	16	1.16 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
17	17	1.17the meanings given.
18	18	1.18 (b) "Grant" means the transfer of cash or something of value from a federal agency, an
19	19	1.19executive agency, or a political subdivision to another person to support a public purpose
20	20	1.20authorized by law or ordinance or an agreement or promise to make such a transfer. Grant
21	21	1.21does not include a payment, contract, lease, or other promise to pay for property or services
22	22	1.22for the direct benefit of the executive agency or political subdivision.
23	23	1Sec. 2.
24	24	REVISOR KLL/LJ 25-0519803/25/25
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 3043
30	30	NINETY-FOURTH SESSION
31	31	Authored by Robbins; Anderson, P. E.; Witte; Rymer and Engen04/02/2025
32	32	The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (c) "Federal health care program" has the meaning given in United States Code, title 42,
33	33	2.2section 1320a-7b(f).
34	34	2.3 (d) "Political subdivision" means a county, a statutory or home rule charter city, or a
35	35	2.4township.
36	36	2.5 Subd. 2.Human services program; unauthorized remuneration.(a) A person who
37	37	2.6intentionally solicits or receives money, a discount, a credit, a waiver, a rebate, a good, a
38	38	2.7service, employment, or anything else of value in return for doing any of the following is
39	39	2.8guilty of a crime and may be sentenced as provided in subdivision 5:
40	40	2.9 (1) referring an individual to a person for the furnishing or arranging for the furnishing
41	41	2.10of any item or service for which payment may be made in whole or in part under a federal
42	42	2.11health care program, behavioral health program under chapter 254B, or family program
43	43	2.12under chapter 142E;
44	44	2.13 (2) purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing,
45	45	2.14or ordering any good, facility, service, or item for which payment may be made in whole
46	46	2.15or in part under a federal health care program, behavioral health program under chapter
47	47	2.16254B, or family program under chapter 142E; or
48	48	2.17 (3) applying for or receiving any item or service for which payment may be made in
49	49	2.18whole or in part under a federal health care program, behavioral health program under
50	50	2.19chapter 254B, or family program under chapter 142E.
51	51	2.20 (b) A person who intentionally offers or provides money, a discount, a credit, a waiver,
52	52	2.21a rebate, a good, a service, employment, or anything else of value to induce a person to do
53	53	2.22any of the following is guilty of a crime and may be sentenced as provided in subdivision
54	54	2.235:
55	55	2.24 (1) refer an individual to a person for the furnishing or arranging for the furnishing of
56	56	2.25any item or service for which payment may be made in whole or in part under a federal
57	57	2.26health care program, behavioral health program under chapter 254B, or family program
58	58	2.27under chapter 142E;
59	59	2.28 (2) purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering
60	60	2.29any good, facility, service, or item for which payment may be made in whole or in part
61	61	2.30under a federal health care program, behavioral health program under chapter 254B, or
62	62	2.31family program under chapter 142E; or
63	63	2Sec. 2.
64	64	REVISOR KLL/LJ 25-0519803/25/25 3.1 (3) apply for or receive any item or service for which payment may be made in whole
65	65	3.2or in part under a federal health care program, behavioral health program under chapter
66	66	3.3254B, or family program under chapter 142E.
67	67	3.4 Subd. 3.Grants; unauthorized remuneration.(a) A person who intentionally solicits
68	68	3.5or receives money, a discount, a credit, a waiver, a rebate, a good, a service, employment,
69	69	3.6or anything else of value in return for doing any of the following is guilty of a crime and
70	70	3.7may be sentenced as provided in subdivision 5:
71	71	3.8 (1) awarding a grant;
72	72	3.9 (2) recommending that a federal agency, an executive agency, or a political subdivision
73	73	3.10award another person a grant;
74	74	3.11 (3) providing false information or withholding accurate information in support of an
75	75	3.12application for a grant or request for payment under the terms of a grant; or
76	76	3.13 (4) providing any portion of a good, service, or other thing of value for which the person
77	77	3.14receives payment or reimbursement pursuant to the terms of a grant.
78	78	3.15 (b) A person who intentionally offers or provides money, a discount, a credit, a waiver,
79	79	3.16a rebate, a good, a service, employment, or anything else of value to induce a person to do
80	80	3.17any of the following is guilty of a crime and may be sentenced as provided in subdivision
81	81	3.185:
82	82	3.19 (1) award a grant;
83	83	3.20 (2) recommend that a federal agency, an executive agency, or a political subdivision
84	84	3.21award another person a grant; or
85	85	3.22 (3) provide false information or withhold accurate information in support of an application
86	86	3.23for a grant or request for payment under the terms of a grant.
87	87	3.24 Subd. 4.Exceptions.(a) Subdivision 2 does not apply to any payment, discount, waiver,
88	88	3.25or other remuneration exempted under United States Code, title 42, section 1320a-7b(b)(3),
89	89	3.26or payment made under a federal health care program which is exempt from liability by
90	90	3.27United States Code, title 42, section 1001.952.
91	91	3.28 (b) For actions involving a family program under chapter 142E, subdivision 2 does not
92	92	3.29apply to:
93	93	3.30 (1) any amount paid by an employer to a bona fide employee for providing covered
94	94	3.31items or services under chapter 142E while acting in the course and scope of employment;
95	95	3.32or
96	96	3Sec. 2.
97	97	REVISOR KLL/LJ 25-0519803/25/25 4.1 (2) child care provider discounts, scholarships, or other financial assistance to families
98	98	4.2allowed under section 142E.17, subdivision 7.
99	99	4.3 Subd. 5.Penalties.Whoever violates subdivisions 2 or 3 may be sentenced as follows:
100	100	4.4 (1) to imprisonment of not more than ten years or to payment of a fine of not more than
101	101	4.5$20,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service,
102	102	4.6employment, or other thing of value solicited, received, offered, or provided exceeds $5,000;
103	103	4.7or
104	104	4.8 (2) imprisonment for not more than five years or to payment of a fine of not more than
105	105	4.9$10,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service,
106	106	4.10employment, or other thing of value solicited, received, offered, or provided is not more
107	107	4.11than $5,000.
108	108	4.12 Subd. 6.Aggregation.In a prosecution under this section, the value of any money,
109	109	4.13discount, credit, waiver, rebate, good, service, employment, or other thing of value solicited,
110	110	4.14received, offered, or provided within a six-month period may be aggregated and the defendant
111	111	4.15charged accordingly. When two or more offenses are committed by the same person in two
112	112	4.16or more counties, the accused may be prosecuted in any county in which one of the offenses
113	113	4.17was committed for all of the offenses aggregated under this subdivision.
114	114	4.18 Subd. 7.False claims; termination of grant.(a) In addition to the penalties provided
115	115	4.19for in this section, a claim, as defined in section 15C.01, subdivision 2, that includes items
116	116	4.20or services resulting from a violation of this section constitutes a false or fraudulent claim
117	117	4.21for purposes of section 15C.02.
118	118	4.22 (b) A conviction under subdivision 3 constitutes a criminal offense relating to a state
119	119	4.23grant agreement for purposes of section 16B.991, subdivision 1.
120	120	4.24 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
121	121	4.25committed on or after that date.
122	122	4Sec. 2.
123	123	REVISOR KLL/LJ 25-0519803/25/25