Minnesota Legislature
SF 1990
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:24am
Current Version - as introduced
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A bill for an act
relating to health; establishing Minnesota Colorectal Cancer Prevention Act and
women's heart health program; increasing tobacco-related taxes and designating
funds for public health programs; appropriating money; amending Minnesota
Statutes 2008, sections 297F.01, subdivision 19; 297F.05, subdivisions 1, 3, 4,
by adding a subdivision; 297F.10; proposing coding for new law in Minnesota
Statutes, chapter 144.
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 "Act for a Healthy Future."
new text end
Sec. 2.
new text begin
[144.941] MINNESOTA COLORECTAL CANCER PREVENTION ACT.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
Colon cancer is one of Minnesota's leading causes of
death and one of the most preventable forms of cancer. The Minnesota Colorectal Cancer
Prevention Act creates a demonstration project and public-private partnership that
leverages the business, nonprofit, and governmental sectors to reduce the incidence of
colon cancer, reduce future health care expenditures, and address health disparities by
emphasizing prevention in a manner consistent with Minnesota's health care reform goals.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner shall establish a program to provide
grants under a colorectal cancer screening program to provide screening to uninsured and
underinsured women and men.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
Grantees must provide the services described in subdivisions 4
and 5 to eligible applicants. To be eligible to receive colorectal cancer screening under
this program, an applicant must:
new text end
new text begin
(1) be at least 50 years of age, or under the age of 50 and at high risk for colon cancer;
new text end
new text begin
(2) be uninsured, have insurance that does not cover the full cost of colorectal cancer
screenings, or be unable to pay the deductible or co-payment; and
new text end
new text begin
(3) have a gross family income at or below 250 percent of the federal poverty level.
new text end
new text begin Subd. 4. new text end
new text begin Services. new text end
new text begin
Services provided under this program include:
new text end
new text begin
(1) colorectal cancer screening, according to standard practice of medicine, or
guidelines provided by the Institute for Clinical Systems Improvement or the American
Cancer Society;
new text end
new text begin
(2) follow-up services for abnormal tests; and
new text end
new text begin
(3) diagnostic services.
new text end
new text begin Subd. 5. new text end
new text begin Treatment. new text end
new text begin
If an enrollee who is screened under this program is diagnosed
with colorectal cancer, the enrollee is covered by medical assistance if the enrollee is
uninsured or has insurance that does not cover treatment of colorectal cancer. Medical
assistance coverage ends when a course of treatment is completed, but enrollees are not
limited to one period of coverage. A new coverage period begins each time an enrollee is
screened and determined to need treatment for colorectal cancer.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 3.
new text begin
[144.942] WOMEN'S HEART HEALTH PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner shall develop and implement a
women's heart health program to provide heart disease risk screening to uninsured and
underinsured women.
new text end
new text begin Subd. 2. new text end
new text begin Services. new text end
new text begin
Under this program, the commissioner must contract with health
care clinics to provide heart disease risk screenings to eligible women. The clinics may
also provide follow-up services to women found to be at risk for heart disease.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
To be eligible for screening under this program, an applicant
must:
new text end
new text begin
(1) be between the ages of 40 and 64 years;
new text end
new text begin
(2) receive breast and cervical cancer screening services under the Department of
Health's SAGE program;
new text end
new text begin
(3) be uninsured, or have insurance that does not cover heart disease risk screenings;
and
new text end
new text begin
(4) have a gross family income at or below 250 percent of the federal poverty level.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 4.
Minnesota Statutes 2008, section 297F.01, subdivision 19, is amended to read:
Subd. 19.
Tobacco products.
"Tobacco products" means cigars; little cigars;
cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other
smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut and other
chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and
other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or
smoking in a pipe or otherwise, or both for chewing and smoking; new text begin and any other product
containing tobacco or nicotine that is intended or expected to be consumed without being
combusted, unless it has been approved by the Food and Drug Administration for sale
as a tobacco use cessation or harm reduction product or for other medical purposes and
is being marketed and sold for that approved purpose; new text end but does not include cigarettes
as defined in this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 5.
Minnesota Statutes 2008, 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 millsdeleted text end new text begin 74
millsnew text end on each such cigarette; and
(2) on cigarettes weighing more than three pounds per thousand, deleted text begin 48 millsdeleted text end new text begin 148 millsnew text end
on each such cigarette.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 6.
Minnesota Statutes 2008, 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 percentdeleted text end new text begin
70 percentnew text end 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, 2009.
new text end
Sec. 7.
Minnesota Statutes 2008, section 297F.05, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Minimum tax on tobacco products. new text end
new text begin
Any tobacco product subject to a
tax under subdivision 3 with a price of less than $2 per ounce is taxed as if its price were
$2 per ounce. The commissioner must annually increase this amount, beginning July 1,
2010, to account for increases in the price of tobacco products over the calendar year,
based on the Consumer Price Index for tobacco products or on other reliable tobacco
products price trend data available to the commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 8.
Minnesota Statutes 2008, 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
percentdeleted text end new text begin 70 percentnew text end 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, 2009.
new text end
Sec. 9.
Minnesota Statutes 2008, section 297F.10, is amended to read:
297F.10 DEPOSIT OF PROCEEDS.
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) $8,553,000 for fiscal year 2006 and $8,550,000 for fiscal year 2007 and 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) revenues attributable to the following must be deposited in the health care access
fund:
new text end
new text begin
(i) 50 mills of the tax imposed under section 297F.05, subdivision 1, clause (1); plus
new text end
new text begin
(ii) 100 mills of the tax imposed under section 297F.05, subdivision 1, clause (2); less
new text end
new text begin
(iii) an estimate of the reduction in the amount of revenues attributable to the rest of
the taxes and fees under sections 256.9658 and 297F.05, subdivision 1, as a result of the
imposition of the taxes listed in items (i) and (ii).
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.
Subd. 2.
Tax and use tax on tobacco products.
Revenue received from taxes on
tobacco products, as well as related penalties, interest, and license fees shall be deposited
by the commissioner in the state treasury and credited to the general fundnew text begin , except revenues
attributable to the following must be deposited in the health care access fund:
new text end
new text begin
(1) 35 percentage points of the tax imposed under section 297F.05, subdivisions
3 and 5; plus
new text end
new text begin
(2) the minimum tax on tobacco products under section 297F.05, subdivision 3a; less
new text end
new text begin (3) an estimate of the reduction in the amount of revenues attributable to the rest of
the taxes and fees under sections 256.9658; 297F.05, subdivisions 3 and 5; and 297F.24 as
a result of the imposition of the taxes and fees listed in clauses (1) and (2) and one-half
of the fee imposed under section 297F.24new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 10. new text begin FLOOR STOCKS TAX.
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 cigarette sales tax is imposed on every
person engaged in the 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, 2009. The tax is imposed at the rate of $1 per pack of 20 cigarettes. For packs of
cigarettes with other than 20 cigarettes, the tax is adjusted proportionally.
new text end
new text begin
(b) Each distributor, by July 15, 2009, 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, 2009, and the amount of tax due on the
cigarettes and unaffixed stamps. The tax imposed by this section is due and payable by
August 14, 2009, and after that date bears interest at the rate of one percent a month.
new text end
new text begin
(c) Each retailer, subjobber, vendor, manufacturer, or manufacturer's representative,
by July 15, 2009, 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, 2009, and the amount
of tax due on the cigarettes. The tax imposed by this section is due and payable by August
14, 2009, 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 Audit and enforcement. new text end
new text begin
The tax imposed by this section is subject to the
audit, assessment, penalty, 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. 3 new text end
new text begin Deposit of revenues. new text end
new text begin
The revenue from the tax imposed under this section
shall be deposited by the commissioner of revenue in the state treasury and credited to the
health care access fund.
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. new text begin ADJUSTMENT OF CIGARETTE SALES TAX.
new text end
new text begin
The commissioner of revenue shall adjust the cigarette sales tax rate under Minnesota
Statutes, section 297F.25 that is effective August 1, 2009, to reflect the estimated effect on
cigarette prices of the imposition of the increased cigarette taxes and fees under this act.
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) $250,000 each year is appropriated for fiscal years 2010 and 2011 from the health
care access fund to the commissioner of health for the heart disease and stroke prevention
unit of the Department of Health to fund data collection and other activities to improve
cardiovascular health and reduce the burden of heart disease and stroke in Minnesota. This
appropriation shall be added to the base.
new text end
new text begin
(b) $47,000,000 is appropriated for the biennium beginning July 1, 2011, from
the health care access fund to the commissioner of health for the statewide health
improvement program under Minnesota Statutes, section 145.986. This appropriation
shall be added to the base.
new text end
new text begin
(c) $2,000,000 each year is appropriated for fiscal years 2010 and 2011, from the
health care access fund to the commissioner of health for the Minnesota Colorectal Cancer
Prevention Act under Minnesota Statutes, section 144.941. This appropriation shall be
added to the base.
new text end
new text begin
(d) $750,000 each year is appropriated for fiscal years 2010 and 2011 from the
health care access fund to the commissioner of health for the women's heart health
program, established in Minnesota Statutes, section 144.942. This appropriation shall be
added to the base.
new text end