HF 2646

as introduced - 87th Legislature (2011 - 2012) Posted on 03/05/2012 02:56pm

A bill for an act
relating to public health; creating a public health improvement account;
modifying provisions of the statewide health improvement program; establishing
a program to provide funding for health impact assessments; appropriating
money; amending Minnesota Statutes 2010, sections 145.986, subdivisions 1,
5; 297F.05, subdivisions 1, 3, 4; Minnesota Statutes 2011 Supplement, section
297F.10, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 145.

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

Section 1. new text begin TITLE.
new text end

new text begin This act may be cited as the "Minnesota Healthy Communities Act."
new text end

Sec. 2. new text begin PURPOSE.
new text end

new text begin The purpose of the Minnesota Healthy Communities Act is to maximize the health
of individuals and communities in Minnesota. The Minnesota Healthy Communities Act
is established to accomplish the following:
new text end

new text begin (1) improve the health of individuals and communities in Minnesota by empowering
individuals to act to improve their physical, mental, and social well-being;
new text end

new text begin (2) invest in evidence-based public health initiatives;
new text end

new text begin (3) minimize the number of individuals and communities in Minnesota facing
known health risk factors; and
new text end

new text begin (4) reduce inequities in health among individuals and communities in Minnesota.
new text end

Sec. 3.

Minnesota Statutes 2010, section 145.986, subdivision 1, is amended to read:

Subdivision 1.

Grants to local communities.

(a) Beginning July 1, 2009, the
commissioner of health shall award competitive grants to community health boards
established pursuant to section 145A.09 and tribal governments to convene, coordinate,
and implement evidence-based strategies targeted at reducing the percentage of
Minnesotans new text begin facing known health risk factors, beginning with those new text end who are obese or
overweight and to reduce the use of tobacco.

(b) Grantee activities shall:

(1) be based on scientific evidence;

(2) be based on community input;

(3) address behavior change at the individual, community, and systems levels;

(4) occur in community, school, worksite, and health care settings; and

(5) be focused on policy, systems, and environmental changes that support healthy
behaviors.

(c) To receive a grant under this section, community health boards and tribal
governments must submit proposals to the commissioner. A local match of ten percent
of the total funding allocation is required. This local match may include funds donated
by community partners.

(d) In order to receive a grant, community health boards and tribal governments
must submit a health improvement plan to the commissioner of health for approval. The
commissioner may require the plan to identify a community leadership team, community
partners, and a community action plan that includes an assessment of area strengths and
needs, proposed action strategies, technical assistance needs, and a staffing plan.

(e) The grant recipient must implement the health improvement plan, evaluate the
effectiveness of the interventions, and modify or discontinue interventions found to be
ineffective.

(f) By January 15, 2011, the commissioner of health shall recommend whether any
funding should be distributed to community health boards and tribal governments based
on health disparities demonstrated in the populations served.

(g) Grant recipients shall report their activities and their progress toward the
outcomes established under subdivision 2 to the commissioner in a format and at a time
specified by the commissioner.

(h) All grant recipients shall be held accountable for making progress toward the
measurable outcomes established in subdivision 2. The commissioner shall require a
corrective action plan and may reduce the funding level of grant recipients that do not
make adequate progress toward the measurable outcomes.

Sec. 4.

Minnesota Statutes 2010, section 145.986, subdivision 5, is amended to read:

Subd. 5.

Report.

The commissioner shall submit a biennial report to the legislature
on the statewide health improvement program funded under this section. These reports
must include information on grant recipients, activities that were conducted using grant
funds, evaluation data, and outcome measures, if available. In addition, the commissioner
shall provide recommendations on future areas of focus for health improvement new text begin , including
ways to engage communities in underlying conditions and policies affecting health status new text end .
These reports are due by January 15 of every other year, beginning in 2010. In the
report due on January 15, 2010, the commissioner shall include recommendations on a
sustainable funding source for the statewide health improvement program other than the
health care access fund.

Sec. 5.

new text begin [145.987] PUBLIC HEALTH IMPROVEMENT ACCOUNT.
new text end

new text begin A public health improvement account is created in the general fund. Money in the
account must be used, as appropriated by law, for public health improvement programs.
This account must be credited with revenue received from cigarette taxes pursuant to
section 297F.10.
new text end

Sec. 6.

new text begin [145.988] MINNESOTA HEALTHY COMMUNITIES PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of health must develop and
implement a grant program to provide funding to assessment organizations capable of
conducting health impact assessments of community project or policy proposals.
new text end

new text begin Subd. 2. new text end

new text begin Technical assistance and oversight. new text end

new text begin Through this program, the
commissioner of health must provide:
new text end

new text begin (1) technical assistance to community groups that seek to request a grant by
identifying resources and organizations capable of conducting a health impact assessment;
new text end

new text begin (2) guidance and training to assessment organizations that are selected to conduct
health impact assessments of particular community project or policy proposals; and
new text end

new text begin (3) guidance to local governmental bodies in interpreting and implementing the
findings of a health impact assessment to increase understanding of the interaction
between the community project or policy proposal and health policy.
new text end

new text begin Subd. 3. new text end

new text begin Review of grant requests. new text end

new text begin The commissioner of health must:
new text end

new text begin (1) establish and implement a mechanism for processing health impact assessment
grant requests from community groups;
new text end

new text begin (2) review health impact assessment grant requests and determine whether to award
a grant within two weeks of receiving the request; and
new text end

new text begin (3) if it is determined that a community group and its selected assessment
organization is to receive a health impact assessment grant, provide the grant funding to
the selected assessment organization within two weeks of that determination.
new text end

new text begin Subd. 4. new text end

new text begin Health impact assessment grant requests. new text end

new text begin (a) A community group
may request from the commissioner of health that a grant be given to an assessment
organization to conduct a health impact assessment of a particular community project or
policy proposal that is being considered by a local governmental body.
new text end

new text begin (b) Grant requests must be submitted in the manner determined by the commissioner
of health. Grant requests must include:
new text end

new text begin (1) the name of the assessment organization that the community group has selected
to conduct the health impact assessment;
new text end

new text begin (2) the community group's health impact goals, health concerns related to the
proposed community project or policy, and known advocates or proponents of the
proposed community project or policy; and
new text end

new text begin (3) evidence of agreement that a local governmental body considering the proposed
community project or policy for which the assessment will be conducted will consider the
results of the assessment prior to making a final decision on the proposed project or policy.
new text end

new text begin (c) The commissioner of health may maintain a list of capable assessment
organizations from which a community group may choose. A grant shall not be awarded
unless the community group specifies in its grant request an assessment organization
willing to conduct the assessment.
new text end

new text begin Subd. 5. new text end

new text begin Health impact assessments. new text end

new text begin A final report of each health impact
assessment conducted under this program must be submitted to the commissioner of
health. A health impact assessment report submitted under this subdivision must include,
but is not limited to:
new text end

new text begin (1) a summary of community involvement, the involvement of a local governmental
body, and the procedures used in conducting the health impact assessment;
new text end

new text begin (2) a summary of the proposed community project or policy and the health concerns
that it raises;
new text end

new text begin (3) the assessment methods used;
new text end

new text begin (4) the final health impact findings and recommendations to local governmental
bodies considering the proposed community project or policy;
new text end

new text begin (5) all public comments submitted to the assessment organization as part of the
assessment process; and
new text end

new text begin (6) all parties and resources involved in conducting the health impact assessment.
new text end

new text begin Subd. 6. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (a) "Assessment organization" means a research organization, academic institution,
or local public health agency that conducts a health impact assessment. Assessment
organizations must have the capacity, technical skills, and knowledge to conduct a health
impact assessment.
new text end

new text begin (b) "Community group" means a state or locally based organization that represents
or consists of community members who are likely to be impacted by the potential health
effects of a proposed community project or policy. Community group includes nonprofit
organizations, but does not include governmental entities.
new text end

new text begin (c) "Health impact assessment" means a method by which a community project or
policy may be judged as to its effects on the health of a population and the distribution of
those effects within the population.
new text end

new text begin (d) "Local governmental body" means counties, home rule charter and statutory
cities, towns, townships, school districts, the Metropolitan Council, and any component
or entity within these governmental bodies including but not limited to a housing and
redevelopment authority, economic authority, port authority, and community development
authority.
new text end

Sec. 7.

Minnesota Statutes 2010, section 297F.05, subdivision 1, is amended to read:

Subdivision 1.

Rates; cigarettes.

A tax is imposed upon the sale of cigarettes in
this state, upon having cigarettes in possession in this state with intent to sell, upon any
person engaged in business as a distributor, and upon the use or storage by consumers, at
the following rates:

(1) on cigarettes weighing not more than three pounds per thousand, deleted text begin 24 deleted text end new text begin 88.5 new text end mills
on each such cigarette; and

(2) on cigarettes weighing more than three pounds per thousand, deleted text begin 48 deleted text end new text begin 177 new text end mills on
each such cigarette.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 8.

Minnesota Statutes 2010, section 297F.05, subdivision 3, is amended to read:

Subd. 3.

Rates; tobacco products.

A tax is imposed upon all tobacco products
in this state and upon any person engaged in business as a distributor, at the rate of deleted text begin 35 deleted text end
new text begin 47.5 new text end percent of the wholesale sales price of the tobacco products. The tax is imposed at
the time the distributor:

(1) brings, or causes to be brought, into this state from outside the state tobacco
products for sale;

(2) makes, manufactures, or fabricates tobacco products in this state for sale in
this state; or

(3) ships or transports tobacco products to retailers in this state, to be sold by those
retailers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 9.

Minnesota Statutes 2010, section 297F.05, subdivision 4, is amended to read:

Subd. 4.

Use tax; tobacco products.

A tax is imposed upon the use or storage by
consumers of tobacco products in this state, and upon such consumers, at the rate of deleted text begin 35 deleted text end
new text begin 47.5 new text end percent of the cost to the consumer of the tobacco products.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 10.

Minnesota Statutes 2011 Supplement, section 297F.10, subdivision 1, is
amended to read:

Subdivision 1.

Tax and use tax on cigarettes.

Revenue received from cigarette
taxes, as well as related penalties, interest, license fees, and miscellaneous sources of
revenue shall be deposited by the commissioner in the state treasury and credited as
follows:

(1) $22,220,000 for fiscal year 2006 and $22,250,000 for fiscal year 2007 and each
year thereafter must be credited to the Academic Health Center special revenue fund
hereby created and is annually appropriated to the Board of Regents at the University of
Minnesota for Academic Health Center funding at the University of Minnesota; and

(2) $8,550,000 for fiscal years 2007 through fiscal year 2011 and $3,937,000 each
year thereafter must be credited to the medical education and research costs account hereby
created in the special revenue fund and is annually appropriated to the commissioner of
health for distribution under section 62J.692, subdivision 4; deleted text begin and
deleted text end

new text begin (3) $42,000,000 for fiscal year 2013 and each year thereafter must be credited to the
public health improvement account, established in section 145.987; and
new text end

deleted text begin (3) deleted text end new text begin (4) new text end the balance of the revenues derived from taxes, penalties, and interest (under
this chapter) and from license fees and miscellaneous sources of revenue shall be credited
to the general fund.

Sec. 11. new text begin FLOOR STOCKS TAXES.
new text end

new text begin Subdivision 1. new text end

new text begin Cigarettes. new text end

new text begin (a) A floor stocks tax is imposed on every person
engaged in business in this state as a distributor, retailer, subjobber, vendor, manufacturer,
or manufacturer's representative of cigarettes, on the stamped cigarettes and unaffixed
stamps in the person's possession or under the person's control at 12:01 a.m. on July 1,
2012. The tax is imposed at the following rates:
new text end

new text begin (1) on cigarettes weighing not more than three pounds per thousand, 64.5 mills on
each cigarette; and
new text end

new text begin (2) on cigarettes weighing more than three pounds per thousand, 129 mills on each
cigarette.
new text end

new text begin (b) Each distributor, on or before July 8, 2012, shall file a return with the
commissioner of revenue, in the form the commissioner prescribes, showing the stamped
cigarettes and unaffixed stamps on hand at 12:01 a.m. on July 1, 2012, and the amount
of tax due on the cigarettes and unaffixed stamps. The tax imposed by this section is
due and payable by August 1, 2012, and after that date bears interest at the rate of one
percent per month.
new text end

new text begin (c) Each retailer, subjobber, vendor, manufacturer, or manufacturer's representative,
on or before July 8, 2012, shall file a return with the commissioner in the form the
commissioner prescribes, showing the cigarettes on hand at 12:01 a.m. on July 1, 2012,
and the amount of tax due on the cigarettes. The tax imposed by this section is due and
payable by August 1, 2012, and after that date bears interest at the rate of one percent
per month.
new text end

new text begin Subd. 2. new text end

new text begin Tobacco products. new text end

new text begin (a) A floor stocks tax is imposed on every person
engaged in business in this state as a distributor, retailer, subjobber, vendor, manufacturer,
or manufacturer's representative of tobacco products, on the tobacco products in the
person's possession or under the person's control at 12:01 a.m. on July 1, 2012. The tax is
imposed at the rate of 12.5 percent of the wholesale sales price of the tobacco products.
new text end

new text begin (b) On or before July 8, 2012, each distributor, retailer, subjobber, vendor,
manufacturer, or manufacturer's representative shall file a return with the commissioner of
revenue, in the form the commissioner prescribes, showing the tobacco products on hand
at 12:01 a.m. on July 1, 2012, and the amount of tax due on the tobacco products. The tax
imposed by this section is due and payable by August 1, 2012, and after that date bears
interest at the rate of one percent per month.
new text end

new text begin Subd. 3. new text end

new text begin Audit and enforcement. new text end

new text begin The taxes imposed by this section are subject
to the audit, assessment, and collection provisions applicable to the taxes imposed under
Minnesota Statutes, chapter 297F. The commissioner may require a distributor to receive
and maintain copies of floor stocks tax returns filed by all persons requesting a credit for
returned cigarettes.
new text end

new text begin Subd. 4. new text end

new text begin Deposit of proceeds. new text end

new text begin The revenue from the taxes imposed under this
section must be deposited by the commissioner in the state treasury and credited as
provided in Minnesota Statutes, section 297F.10.
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. 12. new text begin APPROPRIATIONS.
new text end

new text begin (a) $41,500,000 is appropriated in fiscal year 2013 from the public health
improvement account to the commissioner of health for the statewide health improvement
program established under Minnesota Statutes, section 145.986.
new text end

new text begin (b) $500,000 is appropriated in fiscal year 2013 from the public health improvement
account to the commissioner of health for the Minnesota healthy communities program,
established under Minnesota Statutes, section 145.988.
new text end