| 2 | | - | 1.2 relating to employment; providing definitions; modifying whistleblower protections |
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| 3 | | - | 1.3 for public employees; amending Minnesota Statutes 2024, sections 181.931, by |
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| 4 | | - | 1.4 adding subdivisions; 181.932, subdivision 1. |
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| 5 | | - | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | | - | 1.6 Section 1. Minnesota Statutes 2024, section 181.931, is amended by adding a subdivision |
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| 7 | | - | 1.7to read: |
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| 8 | | - | 1.8 Subd. 1a.Abuse."Abuse" means actions that may, directly or indirectly, result in |
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| 9 | | - | 1.9unnecessary costs to programs of a state agency or political subdivision. Abuse may involve |
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| 10 | | - | 1.10paying for items or services when there is no legal entitlement to that payment. |
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| 11 | | - | 1.11 Sec. 2. Minnesota Statutes 2024, section 181.931, is amended by adding a subdivision to |
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| 12 | | - | 1.12read: |
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| 13 | | - | 1.13 Subd. 3a.Fraud."Fraud" means an intentional or deliberate act to deprive another of |
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| 14 | | - | 1.14property or money or to acquire property or money by deception or other unfair means. |
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| 15 | | - | 1.15Fraud includes intentionally submitting false information to the department for the purpose |
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| 16 | | - | 1.16of obtaining a greater compensation or benefit than that to which the person is legally |
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| 17 | | - | 1.17entitled. Fraud also includes failure to correct errors in the maintenance of records in a |
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| 18 | | - | 1.18timely manner after a request by a state agency or political subdivision. |
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| 19 | | - | 1Sec. 2. |
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| 20 | | - | S0475-1 1st EngrossmentSF475 REVISOR SS |
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| 2 | + | 1.2 relating to employment; modifying whistleblower protections for public employees; |
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| 3 | + | 1.3 amending Minnesota Statutes 2024, section 181.932, subdivision 1. |
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| 4 | + | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | + | 1.5 Section 1. Minnesota Statutes 2024, section 181.932, subdivision 1, is amended to read: |
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| 6 | + | 1.6 Subdivision 1.Prohibited action.An employer shall not discharge, discipline, penalize, |
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| 7 | + | 1.7interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an |
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| 8 | + | 1.8employee regarding the employee's compensation, terms, conditions, location, or privileges |
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| 9 | + | 1.9of employment because: |
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| 10 | + | 1.10 (1) the employee, or a person acting on behalf of an employee, in good faith, reports a |
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| 11 | + | 1.11violation, suspected violation, or planned violation of any federal or state law or common |
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| 12 | + | 1.12law or rule adopted pursuant to law to an employer or to any governmental body or law |
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| 13 | + | 1.13enforcement official; |
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| 14 | + | 1.14 (2) the employee is requested by a public body or office to participate in an investigation, |
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| 15 | + | 1.15hearing, inquiry; |
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| 16 | + | 1.16 (3) the employee refuses an employer's order to perform an action that the employee |
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| 17 | + | 1.17has an objective basis in fact to believe violates any state or federal law or rule or regulation |
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| 18 | + | 1.18adopted pursuant to law, and the employee informs the employer that the order is being |
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| 19 | + | 1.19refused for that reason; |
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| 20 | + | 1.20 (4) the employee, in good faith, reports a situation in which the quality of health care |
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| 21 | + | 1.21services provided by a health care facility, organization, or health care provider violates a |
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| 22 | + | 1Section 1. |
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| 23 | + | 25-01436 as introduced12/27/24 REVISOR SS/KR |
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| 27 | | - | Referred to Labor |
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| 28 | | - | Author added Hoffman01/23/2025 |
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| 29 | | - | Comm report: To pass as amended and re-refer to State and Local Government01/27/2025 |
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| 30 | | - | Author added Marty 2.1 Sec. 3. Minnesota Statutes 2024, section 181.931, is amended by adding a subdivision to |
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| 31 | | - | 2.2read: |
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| 32 | | - | 2.3 Subd. 7.Waste."Waste" means practices that, directly or indirectly, result in unnecessary |
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| 33 | | - | 2.4costs to programs of a state agency or political subdivision, such as misusing resources. |
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| 34 | | - | 2.5 Sec. 4. Minnesota Statutes 2024, section 181.932, subdivision 1, is amended to read: |
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| 35 | | - | 2.6 Subdivision 1.Prohibited action.An employer shall not discharge, discipline, penalize, |
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| 36 | | - | 2.7interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an |
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| 37 | | - | 2.8employee regarding the employee's compensation, terms, conditions, location, or privileges |
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| 38 | | - | 2.9of employment because: |
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| 39 | | - | 2.10 (1) the employee, or a person acting on behalf of an employee, in good faith, reports a |
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| 40 | | - | 2.11violation, suspected violation, or planned violation of any federal or state law or common |
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| 41 | | - | 2.12law or rule adopted pursuant to law to an employer or to any governmental body or law |
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| 42 | | - | 2.13enforcement official; |
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| 43 | | - | 2.14 (2) the employee is requested by a public body or office to participate in an investigation, |
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| 44 | | - | 2.15hearing, inquiry; |
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| 45 | | - | 2.16 (3) the employee refuses an employer's order to perform an action that the employee |
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| 46 | | - | 2.17has an objective basis in fact to believe violates any state or federal law or rule or regulation |
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| 47 | | - | 2.18adopted pursuant to law, and the employee informs the employer that the order is being |
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| 48 | | - | 2.19refused for that reason; |
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| 49 | | - | 2.20 (4) the employee, in good faith, reports a situation in which the quality of health care |
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| 50 | | - | 2.21services provided by a health care facility, organization, or health care provider violates a |
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| 51 | | - | 2.22standard established by federal or state law or a professionally recognized national clinical |
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| 52 | | - | 2.23or ethical standard and potentially places the public at risk of harm; |
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| 53 | | - | 2.24 (5) a public employee communicates the findings of a scientific or technical study that |
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| 54 | | - | 2.25the employee, in good faith, believes to be truthful and accurate, including reports to a |
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| 55 | | - | 2.26governmental body or law enforcement official; or |
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| 56 | | - | 2.27 (6) an a public employee in the classified service of state government communicates |
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| 57 | | - | 2.28information that the public employee, in good faith, believes to be truthful and accurate, |
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| 58 | | - | 2.29and that relates to state public services, including the financing of state public services, to: |
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| 59 | | - | 2.30 (i) a legislator or the legislative auditor; or |
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| 60 | | - | 2.31 (ii) a constitutional officer.; or |
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| 61 | | - | 2Sec. 4. |
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| 62 | | - | S0475-1 1st EngrossmentSF475 REVISOR SS 3.1 (7) a public employee, in good faith, reports fraud, waste, or abuse in programs of a state |
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| 63 | | - | 3.2agency or political subdivision to the employer, any governmental body, law enforcement |
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| 64 | | - | 3.3official, the legislative auditor, a member of the legislature, or a constitutional officer. |
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| 65 | | - | 3.4The disclosures protected pursuant to this section do not authorize the disclosure of data |
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| 66 | | - | 3.5otherwise protected by law. |
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| 67 | | - | 3Sec. 4. |
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| 68 | | - | S0475-1 1st EngrossmentSF475 REVISOR SS |
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| 30 | + | Referred to Labor 2.1standard established by federal or state law or a professionally recognized national clinical |
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| 31 | + | 2.2or ethical standard and potentially places the public at risk of harm; |
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| 32 | + | 2.3 (5) a public employee communicates the findings of a scientific or technical study that |
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| 33 | + | 2.4the employee, in good faith, believes to be truthful and accurate, including reports to a |
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| 34 | + | 2.5governmental body or law enforcement official; or |
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| 35 | + | 2.6 (6) an employee in the classified service of state government communicates information |
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| 36 | + | 2.7that the employee, in good faith, believes to be truthful and accurate, and that relates to state |
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| 37 | + | 2.8services, including the financing of state services, to: |
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| 38 | + | 2.9 (i) a legislator or the legislative auditor; or |
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| 39 | + | 2.10 (ii) a constitutional officer.; or |
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| 40 | + | 2.11 (7) a public employee, in good faith, reports gross mismanagement or a gross waste of |
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| 41 | + | 2.12funds to the employer, any governmental body, law enforcement official, the legislative |
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| 42 | + | 2.13auditor, a member of the legislature, or a constitutional officer. |
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| 43 | + | 2.14The disclosures protected pursuant to this section do not authorize the disclosure of data |
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| 44 | + | 2.15otherwise protected by law. |
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| 45 | + | 2Section 1. |
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| 46 | + | 25-01436 as introduced12/27/24 REVISOR SS/KR |
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