HF 1801

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to aftercare for chemical dependency; 
  1.3             imposing a "nickel-a-drink" tax on alcoholic 
  1.4             beverages; providing for deposit of revenues; 
  1.5             earmarking revenues for aftercare services and 
  1.6             programs; amending Minnesota Statutes 2000, sections 
  1.7             254B.05, subdivision 1; 297G.05, subdivisions 1, 2; 
  1.8             297G.10; proposing coding for new law in Minnesota 
  1.9             Statutes, chapters 254B; 297G; 299A.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [254B.022] [CHEMICAL DEPENDENCY FUNDS FOR 
  1.12  AFTERCARE.] 
  1.13     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.14  "aftercare" means services or programs to help an individual who 
  1.15  has completed a chemical dependency treatment program sustain 
  1.16  long-term recovery. 
  1.17     Subd. 2.  [SERVICES.] Aftercare services or programs 
  1.18  include, but are not limited to, the following: 
  1.19     (1) case management, including the nonfederal shares of 
  1.20  federally matched programs; 
  1.21     (2) counseling; 
  1.22     (3) employment or educational services which may include 
  1.23  sobriety high schools to help the individual secure long-term 
  1.24  employment and financial independence; 
  1.25     (4) sober housing; 
  1.26     (5) financial assistance for rental deposits; 
  1.27     (6) child care assistance; and 
  2.1      (7) transportation assistance. 
  2.2      Subd. 3.  [AFTERCARE FUNDS.] Proceeds deposited in the 
  2.3   consolidated chemical dependency treatment fund under section 
  2.4   297G.10, subdivision 2, must be used for aftercare services, as 
  2.5   defined in subdivision 1.  The funds must be allocated to 
  2.6   counties according to the formula in section 254B.02. 
  2.7      Subd. 4.  [ELIGIBILITY FOR AFTERCARE.] Eligibility for 
  2.8   extended aftercare services must be determined by the county 
  2.9   according to the fundable activities under this section. 
  2.10  Notwithstanding the eligibility criteria under section 254B.04, 
  2.11  an individual is eligible for aftercare services regardless of 
  2.12  the payment source for the individual's chemical dependency 
  2.13  treatment. 
  2.14     Sec. 2.  Minnesota Statutes 2000, section 254B.05, 
  2.15  subdivision 1, is amended to read: 
  2.16     Subdivision 1.  [LICENSURE REQUIRED.] (a) Programs licensed 
  2.17  by the commissioner are eligible vendors.  Hospitals may apply 
  2.18  for and receive licenses to be eligible vendors, notwithstanding 
  2.19  the provisions of section 245A.03.  American Indian programs 
  2.20  located on federally recognized tribal lands that provide 
  2.21  chemical dependency primary treatment, extended care, 
  2.22  transitional residence, or outpatient treatment services, and 
  2.23  are licensed by tribal government are eligible vendors.  
  2.24  Detoxification programs are not eligible vendors.  Programs that 
  2.25  are not licensed as a chemical dependency residential or 
  2.26  nonresidential treatment program by the commissioner or by 
  2.27  tribal government are not eligible vendors.  To be eligible for 
  2.28  payment under the Consolidated Chemical Dependency Treatment 
  2.29  Fund, a vendor of a chemical dependency service must participate 
  2.30  in the Drug and Alcohol Abuse Normative Evaluation System and 
  2.31  the treatment accountability plan. 
  2.32     (b) Effective January 1, 2000, vendors of room and board 
  2.33  are eligible for chemical dependency fund payment if the vendor: 
  2.34     (1) is certified by the county or tribal governing body as 
  2.35  having rules prohibiting residents bringing chemicals into the 
  2.36  facility or using chemicals while residing in the facility and 
  3.1   provide consequences for infractions of those rules; 
  3.2      (2) has a current contract with a county or tribal 
  3.3   governing body; 
  3.4      (3) is determined to meet applicable health and safety 
  3.5   requirements; 
  3.6      (4) is not a jail or prison; and 
  3.7      (5) is not concurrently receiving funds under chapter 256I 
  3.8   for the recipient. 
  3.9      (c) Effective January 1, 2002, vendors providing aftercare 
  3.10  services under section 256B.022 are eligible for chemical 
  3.11  dependency fund payment only to the extent that the funds 
  3.12  specifically earmarked for this purpose are available. 
  3.13     Sec. 3.  [297G.041] [ADDITIONAL TAX ON ALCOHOLIC 
  3.14  BEVERAGES.] 
  3.15     Subdivision 1.  [TAX IMPOSED.] The following excise tax is 
  3.16  imposed on all alcoholic beverages, in addition to the taxes 
  3.17  imposed under sections 297G.03 and 297G.04: 
  3.18                                          Per gallon    Per liter
  3.19  (1) distilled spirits, liqueurs, 
  3.20  cordials, and specialties regardless of 
  3.21  alcohol content (excluding ethyl 
  3.22  alcohol)                                     $4.26        $1.13
  3.23  (2) wine regardless of alcohol content       $1.28        $.034
  3.24  (3) fermented malt beverages regardless 
  3.25  of alcohol content and cider                 $0.54        $.014
  3.26     In computing the tax on a package of distilled spirits or 
  3.27  wine, a proportional tax at a like rate on all fractional parts 
  3.28  of a gallon or liter must be paid, except that the tax on a 
  3.29  fractional part of a gallon less than 1/16 of a gallon is the 
  3.30  same as for 1/16 of a gallon. 
  3.31     Subd. 2.  [REFERENCES.] All references in this chapter to 
  3.32  "the tax," "the excise tax," "the Minnesota excise tax," and 
  3.33  "the tax imposed by this chapter" shall be construed to include 
  3.34  the tax imposed under subdivision 1 except where a different 
  3.35  meaning is clearly intended.  
  3.36     Subd. 3.  [METRIC TAX.] The metric tax is imposed on all 
  4.1   products taxable under this section when the net contents are 
  4.2   stated in metric units of measure.  The commissioner may 
  4.3   establish by rule a date and procedure for the conversion of 
  4.4   excise tax computation and reporting from rates expressed in 
  4.5   gallons to rates expressed in metric volumes.  The official 
  4.6   conversion factor is as provided in section 297G.03, subdivision 
  4.7   3.  
  4.8      Sec. 4.  Minnesota Statutes 2000, section 297G.05, 
  4.9   subdivision 1, is amended to read: 
  4.10     Subdivision 1.  [WINE AND DISTILLED SPIRITS.] A tax is 
  4.11  imposed on the use or storage by consumers of wine, cider, and 
  4.12  distilled spirits in this state, and on such consumers, at the 
  4.13  rates specified in section sections 297G.03, subdivision 1, and 
  4.14  297G.041, subdivision 1. 
  4.15     Sec. 5.  Minnesota Statutes 2000, section 297G.05, 
  4.16  subdivision 2, is amended to read: 
  4.17     Subd. 2.  [FERMENTED MALT BEVERAGES.] A tax is imposed on 
  4.18  the use or storage by consumers of fermented malt beverages in 
  4.19  this state, and on such consumers, at the rates specified in 
  4.20  section sections 297G.04, subdivision 1, and 297G.041, 
  4.21  subdivision 1. 
  4.22     Sec. 6.  Minnesota Statutes 2000, section 297G.10, is 
  4.23  amended to read: 
  4.24     297G.10 [DEPOSIT OF PROCEEDS.] 
  4.25     Subdivision 1.  [GENERAL FUND.] Except as provided in 
  4.26  subdivision 2, all tax revenues and other receipts payable to 
  4.27  the state under this chapter must be paid into the state 
  4.28  treasury and credited to the general fund. 
  4.29     Subd. 2.  [OTHER FUNDS.] (a) .. percent of the revenues 
  4.30  from the tax imposed under section 297G.041, subdivision 1, must 
  4.31  be deposited in the consolidated chemical dependency treatment 
  4.32  fund to provide an inflationary increase. 
  4.33     (b) Of the amount specified in paragraph (a), .. percent 
  4.34  shall be earmarked and used for aftercare under section 
  4.35  254B.022.  Funds under this paragraph shall not require a 
  4.36  maintenance of effort by counties.  
  5.1      (c) .. percent of the revenues from the tax imposed under 
  5.2   section 297G.041, subdivision 1, must be deposited in the 
  5.3   alcohol compliance fund established under section 299A.05. 
  5.4      Sec. 7.  [299A.05] [ALCOHOL COMPLIANCE FUND.] 
  5.5      An alcohol compliance fund is established as a separate 
  5.6   fund in the state treasury.  All money in the fund is 
  5.7   appropriated to the commissioner of public safety to be spent 
  5.8   for: 
  5.9      (1) activities by the commissioner and liquor control 
  5.10  agents to improve retailer compliance with minimum age 
  5.11  requirements for purchase of alcoholic beverages; and 
  5.12     (2) grants to political subdivisions for minimum age 
  5.13  compliance activities. 
  5.14     Sec. 8.  [EVALUATION.] 
  5.15     The commissioner of human services must report to the 
  5.16  legislature on the use and effectiveness of the aftercare 
  5.17  services provided under section 1.  The report must be completed 
  5.18  by January 1, 2002, and must comply with Minnesota Statutes, 
  5.19  sections 3.195 and 3.197. 
  5.20     Sec. 9.  [EFFECTIVE DATE.] 
  5.21     Sections 1 to 8 are effective July 1, 2001.