SF 4025

3rd Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/12/2022 09:34am

A bill for an act
relating to opioids; providing for the deposit and allocation of opioid settlement
proceeds; establishing two accounts in the opiate epidemic response fund;
eliminating a separate opioid account in the state treasury; modifying the time
frame for eliminating the opioid manufacturer registration fee and reducing license
fees; barring municipal claims against litigants in certain settled opioid cases;
amending Minnesota Statutes 2020, sections 256.042, subdivisions 1, 5, by adding
a subdivision; 256.043, subdivision 1, by adding a subdivision; Minnesota Statutes
2021 Supplement, sections 16A.151, subdivision 2; 151.066, subdivision 3;
256.042, subdivision 4; 256.043, subdivisions 3, 4; Laws 2019, chapter 63, article
3, section 1, as amended; Laws 2021, First Special Session chapter 7, article 16,
section 12; proposing coding for new law in Minnesota Statutes, chapter 3.

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

Section 1.

new text begin [3.757] RELEASE OF OPIOID-RELATED CLAIMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Municipality" has the meaning provided in section 466.01, subdivision 1.
new text end

new text begin (c) "Opioid litigation" means any civil litigation, demand, or settlement in lieu of litigation
alleging unlawful conduct related to the marketing, sale, or distribution of opioids in this
state or other alleged illegal actions that contributed to the excessive use of opioids.
new text end

new text begin (d) "Released claim" means any cause of action or other claim that has been released in
a statewide opioid settlement agreement, including matters identified as a released claim as
that term or a comparable term is defined in a statewide opioid settlement agreement.
new text end

new text begin (e) "Settling defendant" means Johnson & Johnson, AmerisourceBergen Corporation,
Cardinal Health, Inc., and McKesson Corporation, as well as related subsidiaries, affiliates,
officers, directors, and other related entities specifically named as a released entity in a
statewide opioid settlement agreement.
new text end

new text begin (f) "Statewide opioid settlement agreement" means an agreement, including consent
judgments, assurances of discontinuance, and related agreements or documents, between
the attorney general, on behalf of the state, and a settling defendant, to provide or allocate
remuneration for conduct related to the marketing, sale, or distribution of opioids in this
state or other alleged illegal actions that contributed to the excessive use of opioids.
new text end

new text begin Subd. 2. new text end

new text begin Release of claims. new text end

new text begin (a) No municipality shall have the authority to assert, file,
or enforce a released claim against a settling defendant.
new text end

new text begin (b) Any claim in pending opioid litigation filed by a municipality against a settling
defendant that is within the scope of a released claim is extinguished by operation of law.
new text end

new text begin (c) The attorney general shall have authority to appear or intervene in opioid litigation
where a municipality has asserted, filed, or enforced a released claim against a settling
defendant and release with prejudice any released claims.
new text end

new text begin (d) This section does not limit any causes of action, claims, or remedies, nor the authority
to assert, file, or enforce such causes of action, claims, or remedies, by a party other than a
municipality.
new text end

new text begin (e) This section does not limit any causes of action, claims, or remedies, nor the authority
to assert, file, or enforce such causes of action, claims, or remedies by a municipality against
entities and individuals other than a released claim against a settling defendant.
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.

Minnesota Statutes 2021 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, 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 deleted text begin 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. Notwithstanding section 11A.20, all investment income and all investment losses
attributable to the investment of this account shall be credited to the account deleted text end new text begin the settlement
account established in the opiate epidemic response fund under section 256.043, subdivision
1 new text end . 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. deleted text begin 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 fund 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, subdivision 3.
deleted text end

(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 deleted text begin and deposited into the separate account created under paragraph (f) deleted text end , the
commissioner shall deleted text begin annually transfer from the separate account to the opiate epidemic
response fund under section 256.043 an amount equal to the estimated amount submitted
to the commissioner by the Board of Pharmacy in accordance with section 151.066,
subdivision 3, paragraph (b). The amount transferred shall be included in the amount available
for distribution in accordance with section 256.043, deleted text begin subdivision 3 deleted text end . This transfer shall occur
each year until the registration fee under section 151.066, subdivision 3, is repealed in
accordance with section 256.043, subdivision 4, or the money deposited in the account in
accordance with this paragraph has been transferred, whichever occurs first deleted text end new text begin 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 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. 3.

Minnesota Statutes 2021 Supplement, section 151.066, subdivision 3, is amended
to read:

Subd. 3.

Determination of an opiate product registration fee.

(a) The board shall
annually assess an opiate product registration fee on any manufacturer of an opiate that
annually sells, delivers, or distributes an opiate within or into the state 2,000,000 or more
units as reported to the board under subdivision 2.

(b) For purposes of assessing the annual registration fee under this section and
determining the number of opiate units a manufacturer sold, delivered, or distributed within
or into the state, the board shall not consider any opiate that is used for medication-assisted
therapy for substance use disorders. deleted text begin If there is money deposited into the separate account
as described in section 16A.151, subdivision 2, paragraph (g), The board shall submit to
the commissioner of management and budget an estimate of the difference in the annual
fee revenue collected under this section due to this exception.
deleted text end

(c) The annual registration fee for each manufacturer meeting the requirement under
paragraph (a) is $250,000.

(d) In conjunction with the data reported under this section, and notwithstanding section
152.126, subdivision 6, the board may use the data reported under section 152.126,
subdivision 4, to determine which manufacturers meet the requirement under paragraph (a)
and are required to pay the registration fees under this subdivision.

(e) By April 1 of each year, beginning April 1, 2020, the board shall notify a manufacturer
that the manufacturer meets the requirement in paragraph (a) and is required to pay the
annual registration fee in accordance with section 151.252, subdivision 1, paragraph (b).

(f) A manufacturer may dispute the board's determination that the manufacturer must
pay the registration fee no later than 30 days after the date of notification. However, the
manufacturer must still remit the fee as required by section 151.252, subdivision 1, paragraph
(b). The dispute must be filed with the board in the manner and using the forms specified
by the board. A manufacturer must submit, with the required forms, data satisfactory to the
board that demonstrates that the assessment of the registration fee was incorrect. The board
must make a decision concerning a dispute no later than 60 days after receiving the required
dispute forms. If the board determines that the manufacturer has satisfactorily demonstrated
that the fee was incorrectly assessed, the board must refund the amount paid in error.

(g) For purposes of this subdivision, a unit means the individual dosage form of the
particular drug product that is prescribed to the patient. One unit equals one tablet, capsule,
patch, syringe, milliliter, or gram.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2020, section 256.042, subdivision 1, is amended to read:

Subdivision 1.

Establishment of the advisory council.

(a) The Opiate Epidemic
Response Advisory Council is established to develop and implement a comprehensive and
effective statewide effort to address the opioid addiction and overdose epidemic in Minnesota.
The council shall focus on:

(1) prevention and education, including public education and awareness for adults and
youth, prescriber education, the development and sustainability of opioid overdose prevention
and education programs, the role of adult protective services in prevention and response,
and providing financial support to local law enforcement agencies for opiate antagonist
programs;

(2) training on the treatment of opioid addiction, including the use of all Food and Drug
Administration approved opioid addiction medications, detoxification, relapse prevention,
patient assessment, individual treatment planning, counseling, recovery supports, diversion
control, and other best practices;

(3) the expansion and enhancement of a continuum of care for opioid-related substance
use disorders, including primary prevention, early intervention, treatment, recovery, and
aftercare services; and

(4) the development of measures to assess and protect the ability of cancer patients and
survivors, persons battling life-threatening illnesses, persons suffering from severe chronic
pain, and persons at the end stages of life, who legitimately need prescription pain
medications, to maintain their quality of life by accessing these pain medications without
facing unnecessary barriers. The measures must also address the needs of individuals
described in this clause who are elderly or who reside in underserved or rural areas of the
state.

(b) The council shall:

(1) review local, state, and federal initiatives and activities related to education,
prevention, treatment, and services for individuals and families experiencing and affected
by opioid use disorder;

(2) establish priorities to address the state's opioid epidemic, for the purpose of
recommending initiatives to fund;

(3) recommend to the commissioner of human services specific projects and initiatives
to be funded;

(4) ensure that available funding is allocated to align with other state and federal funding,
to achieve the greatest impact and ensure a coordinated state effort;

(5) consult with the commissioners of human services, health, and management and
budget to develop measurable outcomes to determine the effectiveness of funds allocated;
deleted text begin and
deleted text end

(6) develop recommendations for an administrative and organizational framework for
the allocation, on a sustainable and ongoing basis, of any money deposited into the separate
account under section 16A.151, subdivision 2, paragraph (f), in order to address the opioid
abuse and overdose epidemic in Minnesota and the areas of focus specified in paragraph
(a) new text begin ;
new text end

new text begin (7) review reports, data, and performance measures submitted by municipalities under
subdivision 5; and
new text end

new text begin (8) consult with relevant stakeholders, including lead agencies and municipalities, to
review and provide recommendations for necessary revisions to the reporting requirements
under subdivision 5 to ensure that the required reporting accurately measures progress in
addressing the harms of the opioid epidemic new text end .

(c) The council, in consultation with the commissioner of management and budget, and
within available appropriations, shall select from deleted text begin the deleted text end new text begin projects new text end awarded grants deleted text begin projects deleted text end new text begin under
section 256.043, subdivisions 3 and 3a, and municipality projects funded by direct payments
received as part of a statewide opioid settlement agreement, new text end that include promising practices
or theory-based activities for which the commissioner of management and budget shall
conduct evaluations using experimental or quasi-experimental design. deleted text begin Grants awarded to deleted text end new text begin
Grant new text end proposals new text begin and municipality projects new text end that include promising practices or theory-based
activities and deleted text begin that deleted text end are selected for an evaluation shall be administered to support the
experimental or quasi-experimental evaluation deleted text begin and require deleted text end new text begin . new text end Grantees deleted text begin to deleted text end new text begin and municipalities
shall new text end collect and report information that is needed to complete the evaluation. The
commissioner of management and budget, under section 15.08, may obtain additional
relevant data to support the experimental or quasi-experimental evaluation studies.

(d) The council, in consultation with the commissioners of human services, health, public
safety, and management and budget, shall establish goals related to addressing the opioid
epidemic and determine a baseline against which progress shall be monitored and set
measurable outcomes, including benchmarks. The goals established must include goals for
prevention and public health, access to treatment, and multigenerational impacts. The council
shall use existing measures and data collection systems to determine baseline data against
which progress shall be measured. The council shall include the proposed goals, the
measurable outcomes, and proposed benchmarks to meet these goals in its initial report to
the legislature under subdivision 5, paragraph (a), due January 31, 2021.

Sec. 5.

Minnesota Statutes 2021 Supplement, section 256.042, subdivision 4, is amended
to read:

Subd. 4.

Grants.

(a) The commissioner of human services shall submit a report of the
grants proposed by the advisory council to be awarded for the upcoming calendar year to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance, by December 1 of each year, beginning
March 1, 2020.

(b) The grants shall be awarded to proposals selected by the advisory council that address
the priorities in subdivision 1, paragraph (a), clauses (1) to (4), unless otherwise appropriated
by the legislature. The advisory council shall determine grant awards and funding amounts
based on the funds appropriated to the commissioner under section 256.043, subdivision 3,
paragraph deleted text begin (e) deleted text end new text begin (h), and subdivision 3a, paragraph (d) new text end . The commissioner shall award the
grants from the opiate epidemic response fund and administer the grants in compliance with
section 16B.97. No more than ten percent of the grant amount may be used by a grantee for
administration.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2020, section 256.042, subdivision 5, is amended to read:

Subd. 5.

Reports.

(a) The advisory council shall report annually to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance by January 31 of each year deleted text begin , beginning January 31, 2021 deleted text end . The
report shall include information about the individual projects that receive grants new text begin , the
municipality projects funded by direct payments received as part of a statewide opioid
settlement agreement, new text end and the overall role of the project in addressing the opioid addiction
and overdose epidemic in Minnesota. The report must describe the grantees new text begin and
municipalities new text end and the activities implemented, along with measurable outcomes as determined
by the council in consultation with the commissioner of human services and the commissioner
of management and budget. At a minimum, the report must include information about the
number of individuals who received information or treatment, the outcomes the individuals
achieved, and demographic information about the individuals participating in the project;
an assessment of the progress toward achieving statewide access to qualified providers and
comprehensive treatment and recovery services; and an update on the evaluations
implemented by the commissioner of management and budget for the promising practices
and theory-based projects that receive funding.

(b) The commissioner of management and budget, in consultation with the Opiate
Epidemic Response Advisory Council, shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy and finance when an evaluation study described in subdivision 1, paragraph (c), is
complete on the promising practices or theory-based projects that are selected for evaluation
activities. The report shall include demographic information; outcome information for the
individuals in the program; the results for the program in promoting recovery, employment,
family reunification, and reducing involvement with the criminal justice system; and other
relevant outcomes determined by the commissioner of management and budget that are
specific to the projects that are evaluated. The report shall include information about the
ability of grant programs to be scaled to achieve the statewide results that the grant project
demonstrated.

(c) The advisory council, in its annual report to the legislature under paragraph (a) due
by January 31, 2024, shall include recommendations on whether the appropriations to the
specified entities under Laws 2019, chapter 63, should be continued, adjusted, or
discontinued; whether funding should be appropriated for other purposes related to opioid
abuse prevention, education, and treatment; and on the appropriate level of funding for
existing and new uses.

new text begin (d) Municipalities receiving direct payments from a statewide opioid settlement agreement
must report annually to the commissioner of human services on how the payments were
used on opioid remediation. The report must be submitted in a format prescribed by the
commissioner. The report must include data and measurable outcomes on expenditures
funded with direct payments from a statewide opioid settlement agreement, including details
on services listed in the categories of approved uses, as identified in agreements between
the state of Minnesota, the Association of Minnesota Counties, and the League of Minnesota
Cities. Reporting requirements must include, at a minimum:
new text end

new text begin (1) contact information;
new text end

new text begin (2) information on funded services and programs; and
new text end

new text begin (3) target populations for each funded service and program.
new text end

new text begin (e) In reporting data and outcomes under paragraph (d), municipalities must include, to
the extent feasible, information on the use of evidence-based and culturally relevant services.
new text end

new text begin (f) For municipal projects using $25,000 or more of statewide opioid settlement agreement
payments in a calendar year, municipalities must also include in the report required under
paragraph (d):
new text end

new text begin (1) a brief qualitative description of successes or challenges; and
new text end

new text begin (2) results using process and quality measures.
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. 7.

Minnesota Statutes 2020, section 256.042, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following definitions apply.
new text end

new text begin (b) "Municipality" has the meaning provided in section 466.01, subdivision 1.
new text end

new text begin (c) "Statewide opioid settlement agreement" means an agreement as defined in section
3.757, subdivision 1, paragraph (f), involving a settling defendant as defined in section
3.757, subdivision 1, paragraph (e).
new text end

Sec. 8.

Minnesota Statutes 2020, section 256.043, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

new text begin (a) new text end The opiate epidemic response fund is established in
the state treasury. deleted text begin The registration fees assessed by the Board of Pharmacy under section
151.066 and the license fees identified in section 151.065, subdivision 7, paragraphs (b)
and (c), shall be deposited into the fund. deleted text end new text begin The commissioner of management and budget
shall establish within the opiate epidemic response fund two accounts: (1) a registration and
license fee account; and (2) a settlement account. new text end Beginning in fiscal year 2021, for each
fiscal year, the fund shall be administered according to this section.

new text begin (b) The commissioner of management and budget shall deposit into the registration and
license fee account the registration fee assessed by the Board of Pharmacy under section
151.066 and the license fees identified in section 151.065, subdivision 7, paragraphs (b)
and (c).
new text end

new text begin (c) The commissioner of management and budget shall deposit into the settlement 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 opioids
in this state or other alleged illegal actions that contributed to the excessive use of opioids,
pursuant to section 16A.151, subdivision 2, paragraph (f).
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. 9.

Minnesota Statutes 2021 Supplement, section 256.043, subdivision 3, is amended
to read:

Subd. 3.

Appropriations from deleted text begin fund deleted text end new text begin registration and license fee account new text end .

(a) new text begin The
appropriations in paragraphs (b) to (h) shall be made from the registration and license fee
account on a fiscal year basis in the order specified.
new text end

deleted text begin After deleted text end new text begin (b) new text end The appropriations new text begin specified new text end in Laws 2019, chapter 63, article 3, section 1,
deleted text begin paragraph (e), are made, $249,000 is appropriated to the commissioner of human services
for the provision of administrative services to the Opiate Epidemic Response Advisory
Council and for the administration of the grants awarded under paragraph (e). deleted text end new text begin paragraphs
(b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be
made accordingly.
new text end

new text begin (c) $300,000 is appropriated to the commissioner of management and budget for
evaluation activities under section 256.042, subdivision 1, paragraph (c).
new text end

new text begin (d) $249,000 is appropriated to the commissioner of human services for the provision
of administrative services to the Opiate Epidemic Response Advisory Council and for the
administration of the grants awarded under paragraph (h).
new text end

deleted text begin (b) deleted text end new text begin (e) new text end $126,000 is appropriated to the Board of Pharmacy for the collection of the
registration fees under section 151.066.

deleted text begin (c) deleted text end new text begin (f) new text end $672,000 is appropriated to the commissioner of public safety for the Bureau of
Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies
and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.

deleted text begin (d) deleted text end new text begin (g) new text end After the appropriations in paragraphs deleted text begin (a) deleted text end new text begin (b) new text end to deleted text begin (c) deleted text end new text begin (f) new text end are made, 50 percent of
the remaining amount is appropriated to the commissioner of human services for distribution
to county social service deleted text begin and tribal social service deleted text end agencies new text begin and Tribal social service agency
initiative projects authorized under section 256.01, subdivision 14b, new text end to provide child
protection services to children and families who are affected by addiction. The commissioner
shall distribute this money proportionally to deleted text begin counties and tribal deleted text end new text begin county new text end social service agencies
new text begin and Tribal social service agency initiative projects new text end based on out-of-home placement episodes
where parental drug abuse is the primary reason for the out-of-home placement using data
from the previous calendar year. County deleted text begin and tribal deleted text end social service agencies new text begin and Tribal social
service agency initiative projects new text end receiving funds from the opiate epidemic response fund
must annually report to the commissioner on how the funds were used to provide child
protection services, including measurable outcomes, as determined by the commissioner.
County social service agencies and Tribal social service deleted text begin agencies deleted text end new text begin agency initiative projects new text end
must not use funds received under this paragraph to supplant current state or local funding
received for child protection services for children and families who are affected by addiction.

deleted text begin (e) deleted text end new text begin (h) new text end After deleted text begin making deleted text end the appropriations in paragraphs deleted text begin (a) deleted text end new text begin (b) new text end to deleted text begin (d) deleted text end new text begin (g) are made new text end , the
remaining amount in the deleted text begin fund deleted text end new text begin account new text end is appropriated to the commissioner new text begin of human services
new text end to award grants as specified by the Opiate Epidemic Response Advisory Council in
accordance with section 256.042, unless otherwise appropriated by the legislature.

deleted text begin (f) deleted text end new text begin (i) new text end Beginning in fiscal year 2022 and each year thereafter, funds for county social
service deleted text begin and tribal social service deleted text end agencies new text begin and Tribal social service agency initiative projects
new text end under paragraph deleted text begin (d) deleted text end new text begin (g) new text end and grant funds specified by the Opiate Epidemic Response Advisory
Council under paragraph deleted text begin (e) shall deleted text end new text begin (h) may new text end be distributed on a calendar year basis.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2020, section 256.043, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Appropriations from settlement account. new text end

new text begin (a) The appropriations in paragraphs
(b) to (e) shall be made from the settlement account on a fiscal year basis in the order
specified.
new text end

new text begin (b) If the balance in the registration and license fee account is not sufficient to fully fund
the appropriations specified in subdivision 3, paragraphs (b) to (f), an amount necessary to
meet any insufficiency shall be transferred from the settlement account to the registration
and license fee account to fully fund the required appropriations.
new text end

new text begin (c) $209,000 in fiscal year 2023 and $239,000 in fiscal year 2024 and subsequent fiscal
years are appropriated to the commissioner of human services for the administration of
grants awarded under paragraph (e). $276,000 in fiscal year 2023 and $151,000 in fiscal
year 2024 and subsequent fiscal years are appropriated to the commissioner of human
services to collect, collate, and report data submitted and to monitor compliance with
reporting and settlement expenditure requirements by grantees awarded grants under this
section and municipalities receiving direct payments from a statewide opioid settlement
agreement as defined in section 256.042, subdivision 6.
new text end

new text begin (d) After any appropriations necessary under paragraphs (b) and (c) are made, an amount
equal to the calendar year allocation to Tribal social service agency initiative projects under
subdivision 3, paragraph (g), is appropriated from the settlement account to the commissioner
of human services for distribution to Tribal social service agency initiative projects to
provide child protection services to children and families who are affected by addiction.
The requirements related to proportional distribution, annual reporting, and maintenance
of effort specified in subdivision 3, paragraph (g), also apply to the appropriations made
under this paragraph.
new text end

new text begin (e) After making the appropriations in paragraphs (b), (c), and (d), the remaining amount
in the account is appropriated to the commissioner of human services to award grants as
specified by the Opiate Epidemic Response Advisory Council in accordance with section
256.042.
new text end

new text begin (f) Funds for Tribal social service agency initiative projects under paragraph (d) and
grant funds specified by the Opiate Epidemic Response Advisory Council under paragraph
(e) may be distributed on a calendar year basis.
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. 11.

Minnesota Statutes 2021 Supplement, section 256.043, subdivision 4, is amended
to read:

Subd. 4.

Settlement; sunset.

(a) If the state receives a total sum of $250,000,000 deleted text begin either deleted text end new text begin :
(1) new text end as a result of a settlement agreement or an assurance of discontinuance entered into by
the attorney general of the state deleted text begin , deleted text end or resulting from a court order in litigation brought by the
attorney general of the state on behalf of the state or a state agency new text begin , new text end 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 deleted text begin , or deleted text end new text begin ; (2) new text end
from the fees collected under sections 151.065, subdivisions 1 and 3, and 151.066, that are
deposited into the opiate epidemic response fund established in this section deleted text begin , or deleted text end new text begin ; or (3) new text end from
a combination of both, the fees specified in section 151.065, subdivisions 1, clause (16),
and 3, clause (14), shall be reduced to $5,260, and the opiate registration fee in section
151.066, subdivision 3, shall be repealed. new text begin For purposes of this paragraph, any money received
as a result of a settlement agreement specified in this paragraph and directly allocated or
distributed and received by either the state or a municipality as defined in section 466.01,
subdivision 1, shall be counted toward determining when the $250,000,000 is reached.
new text end

(b) The commissioner of management and budget shall inform the Board of Pharmacy,
the governor, and the legislature when the amount specified in paragraph (a) has been
reached. The board shall apply the reduced license fee for the next licensure period.

(c) Notwithstanding paragraph (a), the reduction of the license fee in section 151.065,
subdivisions 1 and 3, and the repeal of the registration fee in section 151.066 shall not occur
before July 1, deleted text begin 2024 deleted text end new text begin 2031 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.

Laws 2019, chapter 63, article 3, section 1, as amended by Laws 2020, chapter
115, article 3, section 35, is amended to read:

Section 1. APPROPRIATIONS.

(a) Board of Pharmacy; administration. $244,000 in fiscal year 2020 is appropriated
from the general fund to the Board of Pharmacy for onetime information technology and
operating costs for administration of licensing activities under Minnesota Statutes, section
151.066. This is a onetime appropriation.

(b) Commissioner of human services; administration. $309,000 in fiscal year 2020
is appropriated from the general fund and $60,000 in fiscal year 2021 is appropriated from
the opiate epidemic response fund to the commissioner of human services for the provision
of administrative services to the Opiate Epidemic Response Advisory Council and for the
administration of the grants awarded under paragraphs (f), (g), and (h). The opiate epidemic
response fund base for this appropriation is $60,000 in fiscal year 2022, $60,000 in fiscal
year 2023, $60,000 in fiscal year 2024, and $0 in fiscal year 2025.

(c) Board of Pharmacy; administration. $126,000 in fiscal year 2020 is appropriated
from the general fund to the Board of Pharmacy for the collection of the registration fees
under section 151.066.

(d) Commissioner of public safety; enforcement activities. $672,000 in fiscal year
2020 is appropriated from the general fund to the commissioner of public safety for the
Bureau of Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab
supplies and $288,000 is for special agent positions focused on drug interdiction and drug
trafficking.

(e) Commissioner of management and budget; evaluation activities. $300,000 in
fiscal year 2020 is appropriated from the general fund and $300,000 in fiscal year 2021 is
appropriated from the opiate epidemic response fund to the commissioner of management
and budget for evaluation activities under Minnesota Statutes, section 256.042, subdivision
1, paragraph (c). deleted text begin The opiate epidemic response fund base for this appropriation is $300,000
in fiscal year 2022, $300,000 in fiscal year 2023, $300,000 in fiscal year 2024, and $0 in
fiscal year 2025.
deleted text end

(f) Commissioner of human services; grants for Project ECHO. $400,000 in fiscal
year 2020 is appropriated from the general fund and $400,000 in fiscal year 2021 is
appropriated from the opiate epidemic response fund to the commissioner of human services
for grants of $200,000 to CHI St. Gabriel's Health Family Medical Center for the
opioid-focused Project ECHO program and $200,000 to Hennepin Health Care for the
opioid-focused Project ECHO program. The opiate epidemic response fund base for this
appropriation is $400,000 in fiscal year 2022, $400,000 in fiscal year 2023, $400,000 in
fiscal year 2024, and $0 in fiscal year 2025.

(g) Commissioner of human services; opioid overdose prevention grant. $100,000
in fiscal year 2020 is appropriated from the general fund and $100,000 in fiscal year 2021
is appropriated from the opiate epidemic response fund to the commissioner of human
services for a grant to a nonprofit organization that has provided overdose prevention
programs to the public in at least 60 counties within the state, for at least three years, has
received federal funding before January 1, 2019, and is dedicated to addressing the opioid
epidemic. The grant must be used for opioid overdose prevention, community asset mapping,
education, and overdose antagonist distribution. The opiate epidemic response fund base
for this appropriation is $100,000 in fiscal year 2022, $100,000 in fiscal year 2023, $100,000
in fiscal year 2024, and $0 in fiscal year 2025.

(h) Commissioner of human services; traditional healing. $2,000,000 in fiscal year
2020 is appropriated from the general fund and $2,000,000 in fiscal year 2021 is appropriated
from the opiate epidemic response fund to the commissioner of human services to award
grants to Tribal nations and five urban Indian communities for traditional healing practices
to American Indians and to increase the capacity of culturally specific providers in the
behavioral health workforce. The opiate epidemic response fund base for this appropriation
is $2,000,000 in fiscal year 2022, $2,000,000 in fiscal year 2023, $2,000,000 in fiscal year
2024, and $0 in fiscal year 2025.

(i) Board of Dentistry; continuing education. $11,000 in fiscal year 2020 is
appropriated from the state government special revenue fund to the Board of Dentistry to
implement the continuing education requirements under Minnesota Statutes, section 214.12,
subdivision 6.

(j) Board of Medical Practice; continuing education. $17,000 in fiscal year 2020 is
appropriated from the state government special revenue fund to the Board of Medical Practice
to implement the continuing education requirements under Minnesota Statutes, section
214.12, subdivision 6.

(k) Board of Nursing; continuing education. $17,000 in fiscal year 2020 is appropriated
from the state government special revenue fund to the Board of Nursing to implement the
continuing education requirements under Minnesota Statutes, section 214.12, subdivision
6.

(l) Board of Optometry; continuing education. $5,000 in fiscal year 2020 is
appropriated from the state government special revenue fund to the Board of Optometry to
implement the continuing education requirements under Minnesota Statutes, section 214.12,
subdivision 6.

(m) Board of Podiatric Medicine; continuing education. $5,000 in fiscal year 2020
is appropriated from the state government special revenue fund to the Board of Podiatric
Medicine to implement the continuing education requirements under Minnesota Statutes,
section 214.12, subdivision 6.

(n) Commissioner of health; nonnarcotic pain management and wellness. $1,250,000
is appropriated in fiscal year 2020 from the general fund to the commissioner of health, to
provide funding for:

(1) statewide mapping and assessment of community-based nonnarcotic pain management
and wellness resources; and

(2) up to five demonstration projects in different geographic areas of the state to provide
community-based nonnarcotic pain management and wellness resources to patients and
consumers.

The demonstration projects must include an evaluation component and scalability analysis.
The commissioner shall award the grant for the statewide mapping and assessment, and the
demonstration project grants, through a competitive request for proposal process. Grants
for statewide mapping and assessment and demonstration projects may be awarded
simultaneously. In awarding demonstration project grants, the commissioner shall give
preference to proposals that incorporate innovative community partnerships, are informed
and led by people in the community where the project is taking place, and are culturally
relevant and delivered by culturally competent providers. This is a onetime appropriation.

(o) Commissioner of health; administration. $38,000 in fiscal year 2020 is appropriated
from the general fund to the commissioner of health for the administration of the grants
awarded in paragraph (n).

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Laws 2021, First Special Session chapter 7, article 16, section 12, is amended to
read:

Sec. 12. COMMISSIONER OF MANAGEMENT AND BUDGET

$

300,000

$

deleted text begin 300,000 deleted text end new text begin 0 new text end

(a) This appropriation is from the opiate
epidemic response fund.

(b) Evaluation. $300,000 in fiscal year 2022
deleted text begin and $300,000 in fiscal year 2023 deleted text end is for
evaluation activities under Minnesota Statutes,
section 256.042, subdivision 1, paragraph (c).

deleted text begin (c) Base Level Adjustment. The opiate
epidemic response fund base is $300,000 in
fiscal year 2024 and $300,000 in fiscal year
2025.
deleted 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. 14. new text begin TRANSFER; ELIMINATION OF ACCOUNT.
new text end

new text begin (a) The commissioner of management and budget shall transfer any money in the separate
account established in the state treasury under Minnesota Statutes, section 16A.151,
subdivision 2, paragraph (f), to the settlement account in the opiate epidemic response fund
established under Minnesota Statutes, section 256.043, subdivision 1. Notwithstanding
section 256.043, subdivision 3a, paragraph (a), money transferred into the account under
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
Minnesota Statutes, section 256.043, subdivision 3a, paragraph (d).
new text end

new text begin (b) Once the money is transferred as required in paragraph (a), the commissioner of
management and budget shall eliminate the separate account established under Minnesota
Statutes, section 16A.151, subdivision 2, paragraph (f).
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