HF 2422

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 04:47pm

A bill for an act
relating to health; establishing tobacco use prevention account; appropriating
money; amending Minnesota Statutes 2022, section 16A.151, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 16A.151, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

(a) If a state official litigates or settles a matter on behalf of specific
injured persons or entities, this section does not prohibit distribution of money to the specific
injured persons or entities on whose behalf the litigation or settlement efforts were initiated.
If money recovered on behalf of injured persons or entities cannot reasonably be distributed
to those persons or entities because they cannot readily be located or identified or because
the cost of distributing the money would outweigh the benefit to the persons or entities, the
money must be paid into the general fund.

(b) Money recovered on behalf of a fund in the state treasury other than the general fund
may be deposited in that fund.

(c) This section does not prohibit a state official from distributing money to a person or
entity other than the state in litigation or potential litigation in which the state is a defendant
or potential defendant.

(d) State agencies may accept funds as directed by a federal court for any restitution or
monetary penalty under United States Code, title 18, section 3663(a)(3), or United States
Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue
account and are appropriated to the commissioner of the agency for the purpose as directed
by the federal court.

(e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph
(t), may be deposited as provided in section 16A.98, subdivision 12.

(f) Any money received by the state resulting from a settlement agreement or an assurance
of discontinuance entered into by the attorney general of the state, or a court order in litigation
brought by the attorney general of the state, on behalf of the state or a state agency, related
to alleged violations of consumer fraud laws in the marketing, sale, or distribution of opioids
in this state or other alleged illegal actions that contributed to the excessive use of opioids,
must be deposited in the settlement account established in the opiate epidemic response
fund under section 256.043, subdivision 1. This paragraph does not apply to attorney fees
and costs awarded to the state or the Attorney General's Office, to contract attorneys hired
by the state or Attorney General's Office, or to other state agency attorneys.

(g) Notwithstanding paragraph (f), if money is received from a settlement agreement or
an assurance of discontinuance entered into by the attorney general of the state or a court
order in litigation brought by the attorney general of the state on behalf of the state or a state
agency against a consulting firm working for an opioid manufacturer or opioid wholesale
drug distributor, the commissioner shall deposit any money received into the settlement
account established within the opiate epidemic response fund under section 256.042,
subdivision 1. Notwithstanding section 256.043, subdivision 3a, paragraph (a), any amount
deposited into the settlement account in accordance with this paragraph shall be appropriated
to the commissioner of human services to award as grants as specified by the opiate epidemic
response advisory council in accordance with section 256.043, subdivision 3a, paragraph
(d).

new text begin (h) Any money received by the state resulting from a settlement agreement or an assurance
of discontinuance entered into by the attorney general of the state, or a court order in litigation
brought by the attorney general of the state on behalf of the state or a state agency related
to alleged violations of consumer fraud laws in the marketing, sale, or distribution of
electronic nicotine delivery systems in this state or other alleged illegal actions that
contributed to the exacerbation of youth nicotine use, must be deposited in the settlement
account established in the tobacco use prevention account under section 144.398. This
paragraph does not apply to: (1) attorney fees and costs awarded or paid to the state or the
Attorney General's Office; (2) contract attorneys hired by the state or Attorney General's
Office; or (3) other state agency attorneys.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [144.398] TOBACCO USE PREVENTION ACCOUNT; ESTABLISHMENT
AND USES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the terms in this subdivision have
the meanings given.
new text end

new text begin (b) "Electronic delivery device" has the meaning given in section 609.685, subdivision
1, paragraph (c).
new text end

new text begin (c) "Tobacco" has the meaning given in section 609.685, subdivision 1, paragraph (a).
new text end

new text begin (d) "Tobacco-related devices" has the meaning given in section 609.685, subdivision 1,
paragraph (b).
new text end

new text begin (e) "Nicotine delivery product" has the meaning given in section 609.6855, subdivision
1, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Account created. new text end

new text begin A tobacco use prevention account is created in the special
revenue fund. Pursuant to section 16A.151, subdivision 2, paragraph (h), the commissioner
of management and budget shall deposit into the account any money received by the state
resulting from a settlement agreement or an assurance of discontinuance entered into by the
attorney general of the state, or a court order in litigation brought by the attorney general
of the state on behalf of the state or a state agency related to alleged violations of consumer
fraud laws in the marketing, sale, or distribution of electronic nicotine delivery systems in
this state or other alleged illegal actions that contributed to the exacerbation of youth nicotine
use.
new text end

new text begin Subd. 3. new text end

new text begin Appropriations from tobacco use prevention account. new text end

new text begin (a) Each fiscal year,
the amount of money in the tobacco use prevention account is appropriated to the
commissioner of health for:
new text end

new text begin (1) tobacco and electronic delivery device use prevention and cessation projects consistent
with the duties specified in section 144.392;
new text end

new text begin (2) a public information program under section 144.393;
new text end

new text begin (3) the development of health promotion and health education materials about tobacco
and electronic delivery device use prevention and cessation;
new text end

new text begin (4) tobacco and electronic delivery device use prevention activities under section 144.396;
and
new text end

new text begin (5) statewide tobacco cessation services under section 144.397.
new text end

new text begin (b) In activities funded under this subdivision, the commissioner of health must:
new text end

new text begin (1) prioritize preventing persons under the age of 21 from using commercial tobacco,
electronic delivery devices, tobacco-related devices, and nicotine delivery products;
new text end

new text begin (2) promote racial and health equity; and
new text end

new text begin (3) use strategies that are evidence-based or based on promising practices.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end