HF4664

Purpose

The bill aims to strengthen fraud prevention by clarifying what counts as misconduct by public officers and employees, raising penalties for repeated misconduct, extending the time prosecutors can pursue misconduct, and eliminating automatic expungement for public misconduct. It also proposes changes to several Minnesota statutes (3.978.3, 609.43, 609A.015.3, and a 2025 supplement section 628.26.1.9).

Main Provisions

• Clarifies misconduct in relation to the Legislative Auditor:
  • Refusing or neglecting to obey a lawful direction from the Legislative Auditor or withholding information, records, or documents for examination can be punished as contempt.
• Oath-related wrongdoing:
  • Swearing falsely about matters under oath is a gross misdemeanor.
• False information to the Legislative Auditor:
  • A public officer or employee who knowingly provides false documents or information to the Legislative Auditor commits a gross misdemeanor and can be subject to suspension without pay or dismissal for just cause.
• Penalties for repeat offenses:
  • If a public officer or employee commits a second or later violation of the false-information provision, they may be imprisoned for up to three years or fined up to $5,000, or both.

Significant Changes to Law

• Increases penalties for repeated misconduct by public officers or employees.
• Expands or changes the statute of limitations for prosecuting misconduct by public officers or employees.
• Removes or narrows eligibility for automatic expungement of records related to public misconduct.
• Amends specific Minnesota Statutes (3.978.3, 609.43, 609A.015.3, and 628.26.1.9) to implement these changes and definitions.

Potential Impact

• Higher accountability for public officials and employees who interact with the Legislative Auditor.
• Stronger deterrence against providing false information or obstructing investigations.
• Longer windows to prosecute misconduct and fewer opportunities to erase related records automatically.

Relevant Terms fraud prevention, misconduct, public officer, public employee, legislative auditor, contempt, oath, swearing falsely, gross misdemeanor, suspension without pay, dismissal for just cause, imprisonment, fine, second or subsequent offense, automatic expungement, statute of limitations, Minnesota Statutes, 3.978.3, 609.43, 609A.015.3, 628.26.1.9