HF 3390

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public health; establishing a public health access fund; establishing
a program to monitor BMI in children; establishing a statewide health
improvement program; increasing the tobacco impact fees; appropriating money;
amending Minnesota Statutes 2006, sections 16A.725, subdivision 1; 256.9658,
subdivisions 3, 9; Minnesota Statutes 2007 Supplement, section 120B.021,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters
16A; 120B; 145.

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

Section 1.

Minnesota Statutes 2006, section 16A.725, subdivision 1, is amended to
read:

Subdivision 1.

Health impact fund.

There is created in the state treasury a health
impact fund to which must be credited deleted text begin all deleted text end revenue from the health impact fee new text begin as identified
new text end under section 256.9658 new text begin , subdivision 9, clause (1), new text end and any floor stocks fee enacted into law.

Sec. 2.

new text begin [16A.726] PUBLIC HEALTH ACCESS FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Public health access fund. new text end

new text begin There is created in the state treasury a
public health access fund to which revenue from the health impact fee must be credited
as identified under section 256.9658, subdivision 9, clause (2), and any floor stocks fee
enacted into law. The fund is a direct appropriated special revenue fund. Notwithstanding
section 11A.20, all investment income and all investment losses attributable to the
investment of the public health access fund not currently needed shall be credited to the
public health access fund.
new text end

new text begin Subd. 2. new text end

new text begin Fund reimbursements. new text end

new text begin Notwithstanding any law to the contrary, money
in the public health access fund shall be appropriated only for public health initiatives.
new text end

Sec. 3.

Minnesota Statutes 2007 Supplement, section 120B.021, subdivision 1, is
amended to read:

Subdivision 1.

Required academic standards.

new text begin (a) new text end The following subject areas
are required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, and government and
citizenship;

(5) health new text begin , nutrition, new text end and physical education, for which locally developed academic
standards apply; and

(6) the arts, for which statewide or locally developed academic standards apply, as
determined by the school district. Public elementary and middle schools must offer at least
three and require at least two of the following four arts areas: dance; music; theater; and
visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; and visual arts.

new text begin (b) new text end The commissioner must submit proposed standards in science and social studies
to the legislature by February 1, 2004.

For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
plan team has determined that the required academic standards are inappropriate.
An individualized education plan team that makes this determination must establish
alternative standards.

new text begin (c) new text end A school district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in law or
rule. A school district that incorporates these state graduation requirements before the
2007-2008 school year must provide students who enter the 9th grade in or before
the 2003-2004 school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th grade.
District efforts to develop, implement, or improve instruction or curriculum as a result
of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.

new text begin (d) new text end The commissioner must include the contributions of Minnesota American Indian
tribes and communities as they relate to the academic standards during the review and
revision of the required academic standards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2008-2009 school year and
later.
new text end

Sec. 4.

new text begin [120B.0215] BMI MONITORING IN CHILDREN AND YOUTH.
new text end

new text begin By July 1, 2009, the commissioners of education and health shall collaboratively
establish and implement a cost-effective program to monitor rates of overweight and
obese children in the state by collecting and analyzing body mass index (BMI) data.
To the extent possible, in establishing this body mass index monitoring program, the
commissioners shall use existing child and youth monitoring systems or surveys. The
body mass index data collected must be used to measure progress in reducing the
percentage of overweight and obese children in the state, and must be used to accurately
target intervention and prevention services throughout the state. To the extent necessary
for implementation and analysis, the Departments of Education and Health may share data
collected under this program, consistent with the requirements in chapter 13. Analysis
of the data collected and trends in overweight and obese children in the state must be
reported to the legislature every other year, starting January 15, 2010. By January 1,
2009, the commissioners must report to the legislature on the proposed design of the BMI
monitoring program, and any local or statewide cost considerations.
new text end

Sec. 5.

new text begin [145.986] STATEWIDE HEALTH IMPROVEMENT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Goals. new text end

new text begin The initial goals of the public health access fund are to reduce
the percent of Minnesotans who are obese or overweight to less than half by the year
2020 and to reduce tobacco smoking by 2 percent annually starting in 2011. By 2011,
and considering available funding, the commissioner of health, in consultation with the
State Community Health Advisory Committee established in section 145A.10, subdivision
10, and other stakeholders, may make recommendations as to future goals related to
alcohol use and illegal drug use.
new text end

new text begin Subd. 2. new text end

new text begin Grants to local communities. new text end

new text begin Beginning January 1, 2009, the
commissioner of health must provide grants to community health boards to convene,
coordinate, and lead locally developed programs targeted at achieving measurable health
improvement goals. Funding to each community health board will be distributed based on
a per capita formula, with a base allocation of $50,000 to each community health board
that receives funding. By January 15, 2011, the commissioner of health must recommend
whether additional funding should be distributed to community health boards based on
health disparities demonstrated in the populations served.
new text end

new text begin Subd. 3. new text end

new text begin Outcomes. new text end

new text begin (a) The commissioner of health must set performances
measures and annually review the progress of local communities in improving the
performance measures. The commissioner may provide technical assistance and corrective
action plans to assure that local communities are making sufficient progress.
new text end

new text begin (b) The commissioner must measure current public health data, using existing
measures and data collection systems when available, to determine baseline data against
which progress shall be monitored.
new text end

new text begin Subd. 4. new text end

new text begin Media campaign. new text end

new text begin The commissioner of health must conduct a statewide
marketing campaign using public media to reinforce local efforts at addressing health
improvement goals. The commissioner must develop the statewide campaigns and
determine the timing of these campaigns in consultation with local public health
representatives.
new text end

Sec. 6.

Minnesota Statutes 2006, section 256.9658, subdivision 3, is amended to read:

Subd. 3.

Fee imposed.

(a) A fee 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
of cigarettes. The fee is imposed at the following rates:

(1) on cigarettes weighing not more than three pounds per thousand, deleted text begin 37.5 deleted text end new text begin 50 new text end mills
on each cigarette; and

(2) on cigarettes weighing more than three pounds per thousand, deleted text begin 75 deleted text end new text begin 100 new text end mills on
each cigarette.

(b) A fee is imposed upon all tobacco products in this state and upon any person
engaged in business as a distributor in an amount equal to the liability for tax under
section 297F.05, subdivision 3, or on a consumer of tobacco products equal to the tax
under section 297F.05, subdivision 4. Liability for the fee is in addition to the tax under
section 297F.05, subdivision 3 or 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after
June 30, 2008.
new text end

Sec. 7.

Minnesota Statutes 2006, section 256.9658, subdivision 9, is amended to read:

Subd. 9.

Deposit of revenues.

The commissioner of revenue shall deposit the
revenues from the fee under this section in the state treasury and credit them deleted text begin to the health
impact fund deleted text end new text begin as follows:
new text end

new text begin (1) an amount equal to 75 percent of the revenues received under subdivision 3 to
the health impact fund established under section 16A.725; and
new text end

new text begin (2) an amount equal to 25 percent of the revenues received under subdivision 3 to
the public health access fund established under section 16A.726 new text end .

Sec. 8. new text begin HEALTH, NUTRITION, AND PHYSICAL EDUCATION ADVISORY
COUNCIL.
new text end

new text begin The commissioner of education shall convene an advisory council that consists
of 12 members appointed by the commissioner. The membership of the council shall
include a curriculum specialist; a person familiar with the requirements of Title IX,
Education Amendments of 1972; a representative of the Minnesota Board of Teaching;
a representative of the Minnesota School Boards Association; a school nurse; a
representative of the American Heart Association; an elementary school principal;
a secondary school principal; a representative of the school food service industry; a
nutritionist; a health educator; and a physical fitness educator. The advisory council shall
develop recommendations for statewide curriculum standards that should be adopted for
health, nutrition, and physical education. The goal of these standards must be to promote
the understanding of the health habits that will serve students throughout their lifetimes,
by promoting health and avoiding health risks, encouraging increased activity and
cardiovascular health, and supporting improved nutrition. The commissioner of education
shall report the recommendations to the legislature by January 15, 2009. The advisory
council is governed by Minnesota Statutes, section 15.059.
new text end

Sec. 9. new text begin NEW TOBACCO RATES.
new text end

new text begin The commissioner of revenue must determine the change to the weighted average
retail price in Minnesota Statutes, section 297F.25, as a result of this act and publish the
new rates by June 1, 2008, effective for sales after June 30, 2008.
new text end

Sec. 10. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... is appropriated from the public health access fund in fiscal year 2009
depending on availability of funds to the commissioner of health to establish and
implement the statewide health improvement program under Minnesota Statutes,
section 145.986. Subject to the availability of funding, beginning January 1, 2009, the
commissioner of health shall make grants to community health boards to implement local
public health programs.
new text end

new text begin (b) $....... is appropriated from the public health access fund in fiscal year 2009
depending on availability of funds to the commissioner of health for a statewide public
health media campaign. Subject to the availability of funding, the funds shall be made
available to the commissioner of health beginning January 1, 2009.
new text end