| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to state government; providing for disposition of certain money recovered |
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| 3 | 3 | | 1.3 from litigation or settlement of environmental permit violations; amending |
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| 4 | 4 | | 1.4 Minnesota Statutes 2022, section 16A.151, subdivision 2. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2022, section 16A.151, subdivision 2, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 2.Exceptions.(a) If a state official litigates or settles a matter on behalf of specific |
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| 8 | 8 | | 1.8injured persons or entities, this section does not prohibit distribution of money to the specific |
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| 9 | 9 | | 1.9injured persons or entities on whose behalf the litigation or settlement efforts were initiated. |
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| 10 | 10 | | 1.10If money recovered on behalf of injured persons or entities cannot reasonably be distributed |
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| 11 | 11 | | 1.11to those persons or entities because they cannot readily be located or identified or because |
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| 12 | 12 | | 1.12the cost of distributing the money would outweigh the benefit to the persons or entities, the |
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| 13 | 13 | | 1.13money must be paid into the general fund. |
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| 14 | 14 | | 1.14 (b) Money recovered on behalf of a fund in the state treasury other than the general fund |
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| 15 | 15 | | 1.15may be deposited in that fund. |
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| 16 | 16 | | 1.16 (c) This section does not prohibit a state official from distributing money to a person or |
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| 17 | 17 | | 1.17entity other than the state in litigation or potential litigation in which the state is a defendant |
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| 18 | 18 | | 1.18or potential defendant. |
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| 19 | 19 | | 1.19 (d) State agencies may accept funds as directed by a federal court for any restitution or |
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| 20 | 20 | | 1.20monetary penalty under United States Code, title 18, section 3663(a)(3), or United States |
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| 21 | 21 | | 1.21Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue |
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| 22 | 22 | | 1.22account and are appropriated to the commissioner of the agency for the purpose as directed |
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| 23 | 23 | | 1.23by the federal court. |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | REVISOR CKM/RC 23-0072412/06/22 |
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| 26 | 26 | | State of Minnesota |
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| 27 | 27 | | This Document can be made available |
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| 28 | 28 | | in alternative formats upon request |
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| 29 | 29 | | HOUSE OF REPRESENTATIVES |
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| 30 | 30 | | H. F. No. 645 |
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| 31 | 31 | | NINETY-THIRD SESSION 2.1 (e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph |
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| 32 | 32 | | 2.2(t), may be deposited as provided in section 16A.98, subdivision 12. |
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| 33 | 33 | | 2.3 (f) Any money received by the state resulting from a settlement agreement or an assurance |
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| 34 | 34 | | 2.4of discontinuance entered into by the attorney general of the state, or a court order in litigation |
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| 35 | 35 | | 2.5brought by the attorney general of the state, on behalf of the state or a state agency, related |
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| 36 | 36 | | 2.6to alleged violations of consumer fraud laws in the marketing, sale, or distribution of opioids |
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| 37 | 37 | | 2.7in this state or other alleged illegal actions that contributed to the excessive use of opioids, |
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| 38 | 38 | | 2.8must be deposited in the settlement account established in the opiate epidemic response |
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| 39 | 39 | | 2.9fund under section 256.043, subdivision 1. This paragraph does not apply to attorney fees |
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| 40 | 40 | | 2.10and costs awarded to the state or the Attorney General's Office, to contract attorneys hired |
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| 41 | 41 | | 2.11by the state or Attorney General's Office, or to other state agency attorneys. |
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| 42 | 42 | | 2.12 (g) Notwithstanding paragraph (f), if money is received from a settlement agreement or |
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| 43 | 43 | | 2.13an assurance of discontinuance entered into by the attorney general of the state or a court |
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| 44 | 44 | | 2.14order in litigation brought by the attorney general of the state on behalf of the state or a state |
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| 45 | 45 | | 2.15agency against a consulting firm working for an opioid manufacturer or opioid wholesale |
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| 46 | 46 | | 2.16drug distributor, the commissioner shall deposit any money received into the settlement |
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| 47 | 47 | | 2.17account established within the opiate epidemic response fund under section 256.042, |
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| 48 | 48 | | 2.18subdivision 1. Notwithstanding section 256.043, subdivision 3a, paragraph (a), any amount |
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| 49 | 49 | | 2.19deposited into the settlement account in accordance with this paragraph shall be appropriated |
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| 50 | 50 | | 2.20to the commissioner of human services to award as grants as specified by the opiate epidemic |
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| 51 | 51 | | 2.21response advisory council in accordance with section 256.043, subdivision 3a, paragraph |
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| 52 | 52 | | 2.22(d). |
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| 53 | 53 | | 2.23 (h) If the Minnesota Pollution Control Agency, through litigation or settlement of a |
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| 54 | 54 | | 2.24matter that could have resulted in litigation, recovers $250,000 or more in a civil penalty |
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| 55 | 55 | | 2.25from violations of a permit issued by the agency, then 40 percent of the money recovered |
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| 56 | 56 | | 2.26must be distributed to the community health board, as defined in section 145A.02, where |
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| 57 | 57 | | 2.27the permitted facility is located. Within 30 days of a final court order in the litigation or the |
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| 58 | 58 | | 2.28effective date of the settlement agreement, the commissioner of the Minnesota Pollution |
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| 59 | 59 | | 2.29Control Agency must notify the applicable community health board that the litigation has |
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| 60 | 60 | | 2.30concluded or a settlement has been reached. The commissioner must collect the money and |
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| 61 | 61 | | 2.31transfer it to the applicable community health board. The community health board must |
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| 62 | 62 | | 2.32meet directly with the residents potentially affected by the pollution that was the subject of |
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| 63 | 63 | | 2.33the litigation or settlement to identify the residents' concerns and incorporate those concerns |
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| 64 | 64 | | 2.34into a project that benefits the residents. The project must be implemented by the community |
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| 65 | 65 | | 2.35health board and funded as directed in this paragraph. The community health board may |
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| 66 | 66 | | 2Section 1. |
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| 67 | 67 | | REVISOR CKM/RC 23-0072412/06/22 3.1recover the reasonable costs it incurs to administer this paragraph from the funds transferred |
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| 68 | 68 | | 3.2to the board under this paragraph. This paragraph directs the transfer and use of money only |
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| 69 | 69 | | 3.3and does not create a right of intervention in the litigation or settlement of the enforcement |
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| 70 | 70 | | 3.4action for any person or entity. |
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| 71 | 71 | | 3.5 EFFECTIVE DATE.This section is effective the day following final enactment and |
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| 72 | 72 | | 3.6applies to all litigation actions or settlements from which the Minnesota Pollution Control |
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| 73 | 73 | | 3.7Agency recovers $250,000 or more on or after that date. |
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| 74 | 74 | | 3Section 1. |
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| 75 | 75 | | REVISOR CKM/RC 23-0072412/06/22 |
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