COVID-19 RESPONSE APPROPRIATIONS
COVID-19 RESPONSE PROVISIONS
The authority shall establish and implement a disaster recovery loan program to help farmers:
(1) clean up, repair, or replace farm structures and septic and water systems, as well as replace seed, other crop inputs, feed, and livestock, when damaged by high winds, hail, tornado, or flood, or the weight of snow, sleet, or ice;
(2) purchase watering systems, irrigation systems, and other drought mitigation systems and practices when drought is the cause of the purchase;
(3) restore farmland; or
(4) replace flocks, make building improvements, or cover the loss of revenue when the replacement, improvements, or loss of revenue is due to the confirmed presence of the highly pathogenic avian influenza in a commercial poultry or game flock located in Minnesota
To be eligible for this program, a borrower must:
(1) meet the requirements of section 41B.03, subdivision 1;
(2) certify that the damage or loss was (i) sustained within a county that was the subject of a state or federal disaster declaration; (ii) due to the confirmed presence of the highly pathogenic avian influenza in a commercial poultry or game flock located in Minnesota; or (iii) due to an emergency as determined by the authority;
(3) demonstrate an ability to repay the loan; and
(4) have received at least 50 percent of average annual gross income from farming for the past three years.
116J.881 SMALL BUSINESS LOAN GUARANTEE PROGRAM.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Borrower" means a small business receiving an eligible loan under this section.
(c) "Commissioner" means the commissioner of employment and economic development.
(d) "Eligible loan" means a loan to a small business to be used for business purposes exclusively in Minnesota, including: construction; remodeling or renovation; leasehold improvements; the purchase of land and buildings; business acquisitions, including employee stock ownership plan financing; machinery or equipment purchases, maintenance, or repair; expenses related to moving into or within Minnesota; and working capital when the working capital is secured by fixed assets.
(e) "Loan guarantee" means a guarantee of 70 percent of the loan amount provided by a QED lender. The guaranteed portion of the loan must not exceed $1,500,000.
(f) "Loan guarantee trust fund" means a dedicated fund established under this section for the purpose of compensation for defaulted loan guarantees and for program administration.
(g) "Loan purchaser" means an institutional investor that purchases, holds, and services small business loans on a nonrecourse basis from QED lenders participating in the small business loan guarantee program.
(h) "Qualified economic development lender" or "QED lender" means a public entity or a private nonprofit economic development organization whose headquarters is located in Minnesota with not less than three years of active lending experience that provides financing to small businesses in partnership with banks and other commercial lenders, and that originates subordinated loans to small businesses for sale to the secondary market.
(i) "Secondary market" means the market in which loans are sold to investors, either directly or through an intermediary.
(j) "Small business" means a business employing no more than 500 persons in Minnesota.
(k) "Subordinated loan" means a loan secured by a lien that is lower in priority than one or more specified other liens.
Loan guarantee program.
A small business loan guarantee program to support the origination and sale of eligible subordinated loans to the secondary market by providing a credit enhancement in the form of a partial guarantee of small business loans that are made to Minnesota businesses by a QED lender is created in the Department of Employment and Economic Development. A loan guarantee shall be provided for eligible loans under this section only when a bank or other commercial lender provides at least 50 percent of the total amount loaned to the small business. The loan guarantee shall apply only to the portion of the loan that was made by the QED lender.
Loan guarantees under this section for loans to be sold on the secondary market by QED lenders shall provide that:
(1) principal and interest payments made by the borrower under the terms of the loan are applied by the loan purchaser to reduce the guaranteed and nonguaranteed portion of the loan on a proportionate basis. The nonguaranteed portion shall not receive preferential treatment over the guaranteed portion;
(2) the loan purchaser shall not accelerate repayment of the loan or exercise other remedies if the borrower defaults, unless:
(i) the borrower fails to make a required payment of principal or interest;
(ii) the commissioner consents in writing; or
(iii) the loan guarantee agreement provides for accelerated repayment or other remedies.
In the event of a default, the loan purchaser may not make a demand for payment pursuant to the guarantee unless the commissioner agrees in writing that the default has materially affected the rights or security of the parties, and finds that the loan purchaser is entitled to receive payment pursuant to the loan guarantee;
(3) there is a written commitment from one or more secondary market investors to purchase the loan, subject to the provision of a state loan guarantee;
(4) the QED lender has timely prepared and delivered to the commissioner, annually by the date specified in the loan guarantee, an audited or reviewed financial statement for the loan, prepared by a certified public accountant according to generally accepted accounting principles, and documentation that the borrower used the loan proceeds solely for purposes of its Minnesota operations;
(5) the commissioner has access to the original loan documents prior to approval of the state credit enhancement to facilitate the sale of the loan to the secondary market;
(6) the QED lender maintains adequate records and documents concerning the original loan so that the commissioner may determine the borrower's financial condition and compliance with program requirements; and
(7) orderly liquidation of collateral securing the original loan is provided for in the event of default, with an option on the part of the commissioner to acquire the loan purchaser's interest in the assets pursuant to the loan guarantee.
Loan guarantee trust fund established.
A loan guarantee trust fund account in the special revenue fund is created in the state treasury to pay for defaulted loan guarantees. The commissioner shall administer this fund and provide annual reports concerning the performance of the fund to the chairs of the standing committees of the house of representatives and senate having jurisdiction over economic development issues.
At no time shall total outstanding loan guarantees for loans sold to the secondary market exceed five times the amount on deposit in the loan guarantee trust fund.
Participating QED lenders shall pay a fee to the fund of 0.25 percent of the principal amount of each guaranteed loan upon approval of each loan guarantee. The guarantee fee, along with any interest earnings from the trust fund, shall be used only for the administration of the small business loan guarantee program and as additional loan loss reserves.
Loan guarantee application.
The commissioner shall prepare a form for QED lenders to use in applying for loan guarantees under this section. The form shall include the following information:
(1) the name and contact information for the QED lender, including the name and title of a contact person;
(2) the names of the financial institutions, including the names and titles of contact persons, that are participating in the total financing being provided to the small business borrower, along with the dollar amount of the loan provided by the financial institution;
(3) the percentage and dollar amount of the subordinated debt loan provided to the Minnesota small business by the QED lender; and
(4) the loan guarantee amount that is requested from the program.
Notice and application process.
Subject to the availability of funds under subdivision 4, the commissioner shall publish a notice regarding the opportunity for QED lenders to originate loans for which the loan guarantee may be secured as the loans are prepared for sale to the secondary market. The commissioner shall decide whether to provide a loan guarantee for each loan based on:
(1) the completeness of the loan guarantee application;
(2) the availability of funds in the loan guarantee trust fund; and
(3) execution of agreements that satisfy requirements established in subdivision 3.
Application fees for licensure and registration are as follows:
(1) pharmacist licensed by examination, $175;
(2) pharmacist licensed by reciprocity, $275;
(3) pharmacy intern, $50;
(4) pharmacy technician, $50;
(5) pharmacy, $260;
(6) drug wholesaler, legend drugs only, $5,260;
(7) drug wholesaler, legend and nonlegend drugs, $5,260;
(8) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, $5,260;
(9) drug wholesaler, medical gases, $5,260;
(10) third-party logistics provider, $260;
(11) drug manufacturer, nonopiate legend drugs only, $5,260;
(12) drug manufacturer, nonopiate legend and nonlegend drugs, $5,260;
(13) drug manufacturer, nonlegend or veterinary legend drugs, $5,260;
(14) drug manufacturer, medical gases, $5,260;
(15) drug manufacturer, also licensed as a pharmacy in Minnesota, $5,260;
(16) drug manufacturer of opiate-containing controlled substances listed in section 152.02, subdivisions 3 to 5, $55,000;
(17) medical gas distributor, $5,260;
(18) controlled substance researcher, $75; and
(19) pharmacy professional corporation, $150.
Annual renewal fees.
Annual licensure and registration renewal fees are as follows:
(1) pharmacist, $175;
(2) pharmacy technician, $50;
(3) pharmacy, $260;
(4) drug wholesaler, legend drugs only, $5,260;
(5) drug wholesaler, legend and nonlegend drugs, $5,260;
(6) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, $5,260;
(7) drug wholesaler, medical gases, $5,260;
(8) third-party logistics provider, $260;
(9) drug manufacturer, nonopiate legend drugs only, $5,260;
(10) drug manufacturer, nonopiate legend and nonlegend drugs, $5,260;
(11) drug manufacturer, nonlegend, veterinary legend drugs, or both, $5,260;
(12) drug manufacturer, medical gases, $5,260;
(13) drug manufacturer, also licensed as a pharmacy in Minnesota, $5,260;
(14) drug manufacturer of opiate-containing controlled substances listed in section 152.02, subdivisions 3 to 5, $55,000;
(15) medical gas distributor, $5,260;
(16) controlled substance researcher, $75; and
(17) pharmacy professional corporation, $100.
Deposit of fees.
(a) The license fees collected under this section, with the exception of the fees identified in paragraphs (b) and (c), shall be deposited in the state government special revenue fund.
(b) $5,000 of each fee collected under subdivision 1, clauses (6) to (15) and (17), and subdivision 3, clauses (4) to (13) and (15), and the fees collected under subdivision 1, clause (16), and subdivision 3, clause (14), shall be deposited in the opiate epidemic response account established in section 256.043.
(c) If the fees collected under subdivision 1, clause (16), or subdivision 3, clause (14), are reduced, $5,000 of the reduced fee shall be deposited in the opiate epidemic response account in section 256.043.
General prescription requirements for controlled substances.
(a) A written prescription or an oral prescription reduced to writing, when issued for a controlled substance in Schedule II, III, IV, or V, is void unless (1) it is written in ink and contains the name and address of the person for whose use it is intended; (2) it states the amount of the controlled substance to be compounded or dispensed, with directions for its use; (3) if a written prescription, it contains the handwritten signature, address, and federal registry number of the prescriber and a designation of the branch of the healing art pursued by the prescriber; and if an oral prescription, the name and address of the prescriber and a designation of the prescriber's branch of the healing art; and (4) it shows the date when signed by the prescriber, or the date of acceptance in the pharmacy if an oral prescription.
(b) An electronic prescription for a controlled substance in Schedule II, III, IV, or V is void unless it complies with the standards established pursuant to section 62J.497 and with those portions of Code of Federal Regulations, title 21, parts 1300, 1304, 1306, and 1311, that pertain to electronic prescriptions.
(c) A prescription for a controlled substance in Schedule II, III, IV, or V that is transmitted by facsimile, either computer to facsimile machine or facsimile machine to facsimile machine, is void unless it complies with the applicable requirements of Code of Federal Regulations, title 21, part 1306.
(d) Every licensed pharmacy that dispenses a controlled substance prescription shall retain the original prescription in a file for a period of not less than two years, open to inspection by any officer of the state, county, or municipal government whose duty it is to aid and assist with the enforcement of this chapter. An original electronic or facsimile prescription may be stored in an electronic database, provided that the database provides a means by which original prescriptions can be retrieved, as transmitted to the pharmacy, for a period of not less than two years.
(e) Every licensed pharmacy shall distinctly label the container in which a controlled substance is dispensed with the directions contained in the prescription for the use of that controlled substance.
(f) No prescription for an opiate or narcotic pain reliever listed in Schedules II through IV of section 152.02 may be initially dispensed more than 30 days after the date on which the prescription was issued. No subsequent refills indicated on a prescription for a Schedule III or IV opiate or narcotic pain reliever may be dispensed more than 30 days after the previous date on which the prescription was initially filled or refilled. After the authorized refills for Schedule III or IV opiate or narcotic pain relievers have been used up or are expired, no additional authorizations may be accepted for that prescription. If continued therapy is necessary, a new prescription must be issued by the prescriber.
Evidence; residence in Minnesota.
Submission of two forms of documentation from the following is satisfactory evidence of an applicant's principal residence address in Minnesota under section 171.06, subdivision 3, paragraph (b):
(1) a home utility services bill issued no more than 90 days before the application, provided that the commissioner must not accept a United States home utility bill if two unrelated people are listed on the bill;
(2) a home utility services hook-up work order issued no more than 90 days before the application, provided that the commissioner must not accept a home utility services hook-up work order if two unrelated people are listed on the work order;
(3) United States financial information issued no more than 90 days before the application, with account numbers redacted, including:
(i) a bank account statement;
(ii) a canceled check; or
(iii) a credit card statement;
(4) a United States high school identification card with a certified transcript from the school, if issued no more than 180 days before the application;
(5) a Minnesota college or university identification card with a certified transcript from the college or university, if issued no more than 180 days before the application;
(6) an employment pay stub issued no more than 90 days before the application that lists the employer's name, address, and telephone number;
(7) a Minnesota unemployment insurance benefit statement issued no more than 90 days before the application;
(8) a statement from a housing with services building registered under chapter 144D, nursing home licensed under chapter 144A, or a boarding care facility licensed under sections 144.50 to 144.56, that was issued no more than 90 days before the application;
(9) a life, health, automobile, homeowner's, or renter's insurance policy issued no more than 90 days before the application, provided that the commissioner must not accept a proof of insurance card;
(10) a federal or state income tax return or statement for the most recent tax filing year;
(11) a Minnesota property tax statement for the current year that shows the applicant's principal residential address both on the mailing portion and the portion stating what property is being taxed;
(12) a Minnesota vehicle certificate of title, if issued no more than 12 months before the application;
(13) a filed property deed or title for current residence, if issued no more than 12 months before the application;
(14) a Supplemental Security Income award statement issued no more than 12 months before the application;
(15) mortgage documents for the applicant's principal residence;
(16) a residential lease agreement for the applicant's principal residence issued no more than 12 months before the application;
(17) a valid driver's license, including an instruction permit, issued under this chapter;
(18) a valid Minnesota identification card;
(19) an unexpired Minnesota professional license;
(20) an unexpired Selective Service card; or
(21) military orders that are still in effect at the time of application.
(b) A document under paragraph (a) must include the applicant's name and an address in Minnesota.
Health care decisions.
The medical director of the Department of Corrections may make a health care decision for an inmate incarcerated in a state correctional facility if the inmate's attending physician determines that the inmate lacks decision-making capacity and:
(1) there is not a documented health care agent designated by the inmate or the health care agent is not reasonably available to make the health care decision;
(2) if there is a documented health care directive, the decision is consistent with that directive;
(3) the decision is consistent with reasonable medical practice and other applicable law; and
(4) the medical director has made a good faith attempt to consult with the inmate's next of kin or emergency contact person in making the decision, to the extent those persons are reasonably available.
Place of confinement.
The commissioner of corrections shall determine the place of confinement in a prison, reformatory, or other facility of the Department of Corrections established by law for the confinement of convicted persons and prescribe reasonable conditions and rules for their employment, conduct, instruction, and discipline within or without the facility.