1.1.................... moves to amend H.F. No. 7 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2008, section 3.971, subdivision 6, is amended to read:
1.4 Subd. 6.
Financial audits. The legislative auditor shall audit the financial
1.5statements of the state of Minnesota required by section
16A.50 and, as resources permit,
1.6shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
1.7agencies, departments, boards, commissions, courts, and other state organizations subject
1.8to audit by the legislative auditor, including the State Agricultural Society, Agricultural
1.9Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
1.10Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
1.11Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and
1.12Metropolitan Mosquito Control District. Financial audits must be conducted according to
1.13generally accepted government auditing standards. The legislative auditor shall see that
1.14all provisions of law respecting the appropriate and economic use of public funds are
1.15complied with and may, as part of a financial audit or separately, investigate allegations of
1.16noncompliance
by employees of departments and agencies of the state government and
1.17the other organizations listed in this subdivision.
1.18 Sec. 2. Minnesota Statutes 2008, section 3.975, is amended to read:
1.193.975 DUTIES CONCERNING MISUSE OF PUBLIC MONEY OR OTHER
1.20RESOURCES.
1.21If a legislative auditor's examination discloses
that a state official or employee has
1.22used money for a purpose other than the purpose for which the money was appropriated
1.23or discloses any other misuse of public money or other public resources, the legislative
1.24auditor shall file a report with the Legislative Audit Commission, the attorney general, and
1.25the appropriate county attorney. The attorney general shall seek recovery of money and
2.1other resources as the evidence may warrant. The county attorney shall cause criminal
2.2proceedings to be instituted as the evidence may warrant.
2.3EFFECTIVE DATE.This section is effective the day following final enactment.
2.4 Sec. 3. Minnesota Statutes 2008, section 16A.139, is amended to read:
2.516A.139 MISAPPROPRIATION OF MONEY.
2.6It is illegal for any (a) No official or head of any state department, or any employee
2.7thereof of a state department,
to may intentionally use
moneys money appropriated by law,
2.8or fees collected knowing that the use is for
any other a purpose
other than the purpose for
2.9which the
moneys have been money was appropriated
, and any such act by any. Unless
2.10a greater penalty is specified elsewhere in law, a person who violates this paragraph is
2.11guilty of a gross misdemeanor.
2.12(b) A violation of paragraph (a) by a head of a department, or any state official, is
2.13cause for immediate removal of the official or head of a state department from the position
2.14held with the government of this state.
A criminal conviction under paragraph (a) is not a
2.15prerequisite for removal.
2.16EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
2.17committed on or after that date.
2.18 Sec. 4.
[43A.325] BEST PRACTICES FOR INVESTIGATIONS.
2.19The commissioner of finance must develop and make available to appointing
2.20authorities a best practices policy for conducting investigations in which the appointing
2.21authority compels its employees to answer questions about allegedly inappropriate
2.22activity. The best practices policy must be designed to facilitate effective investigations,
2.23without compromising the ability to prosecute criminal cases when appropriate. Each
2.24appointing authority must follow the best practices policy or, in consultation with the
2.25attorney general, must develop its own policy for conducting these investigations.
2.26EFFECTIVE DATE.This section is effective the day following final enactment."
2.27Amend the title accordingly