HF 3472

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2020 10:49am

A bill for an act
relating to environment; providing financial incentive for information resulting in
civil or criminal financial penalties for environmental violations; amending
Minnesota Statutes 2018, section 115.071, by adding a subdivision; Minnesota
Statutes 2019 Supplement, section 16A.151, subdivision 2.

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

Section 1.

Minnesota Statutes 2019 Supplement, 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, against
one or more opioid manufacturers or opioid wholesale drug distributors 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 a separate account in the state treasury and the commissioner shall notify
the chairs and ranking minority members of the Finance Committee in the senate and the
Ways and Means Committee in the house of representatives that an account has been created.
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. If the licensing fees under section 151.065, subdivision 1,
clause (16), and subdivision 3, clause (14), are reduced and the registration fee under section
151.066, subdivision 3, is repealed in accordance with section 256.043, subdivision 4, then
the commissioner shall transfer from the separate account created in this paragraph to the
opiate epidemic response account under section 256.043 an amount that ensures that
$20,940,000 each fiscal year is available for distribution in accordance with section 256.043,
subdivisions 2 and 3.

new text begin (g) This section does not apply to an award made to a person under section 115.071,
subdivision 3a.
new text end

Sec. 2.

Minnesota Statutes 2018, section 115.071, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Whistleblower compensation. new text end

new text begin (a) A person who provides information to the
agency that is instrumental in revealing a violation of a facility permit or any environmental
statute, standard, or rule must be awarded one percent of any civil or criminal financial
penalty imposed on or agreed to by the facility as a result of an enforcement action taken
by the agency. In calculating the amount of the award, the commissioner must exclude the
value of any attorney fees awarded to the agency or the value of any supplemental
environmental projects that the facility agrees to conduct.
new text end

new text begin (b) In determining whether an award under this subdivision is warranted, the
commissioner must consider the extent to which:
new text end

new text begin (1) the information provided by the person would otherwise have been unavailable to
the agency; or
new text end

new text begin (2) the violation was unlikely to be discovered by the agency, absent the person providing
the information, for a significant period of time.
new text end

new text begin (c) If more than one person provides information to the agency with respect to the same
violation by the same permitted facility, an award under this subdivision must be divided
among those persons according to the relative importance of the information provided in
helping to support the enforcement action, as determined by the commissioner.
new text end

new text begin (d) The identity of a person providing information to the agency under this subdivision
is private data on individuals, as provided in section 181.932, subdivision 2, and the person
is protected from retaliation by an employer for providing the information according to
section 181.932, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any civil or criminal financial penalty imposed on or agreed to by a facility on
or after that date.
new text end