Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF1068 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to state government; providing for disposition of certain money recovered
3	3	1.3 from litigation or settlement of environmental permit violations; amending
4	4	1.4 Minnesota Statutes 2022, section 16A.151, subdivision 2.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2022, section 16A.151, subdivision 2, is amended to read:
7	7	1.7 Subd. 2.Exceptions.(a) If a state official litigates or settles a matter on behalf of specific
8	8	1.8injured persons or entities, this section does not prohibit distribution of money to the specific
9	9	1.9injured persons or entities on whose behalf the litigation or settlement efforts were initiated.
10	10	1.10If money recovered on behalf of injured persons or entities cannot reasonably be distributed
11	11	1.11to those persons or entities because they cannot readily be located or identified or because
12	12	1.12the cost of distributing the money would outweigh the benefit to the persons or entities, the
13	13	1.13money must be paid into the general fund.
14	14	1.14 (b) Money recovered on behalf of a fund in the state treasury other than the general fund
15	15	1.15may be deposited in that fund.
16	16	1.16 (c) This section does not prohibit a state official from distributing money to a person or
17	17	1.17entity other than the state in litigation or potential litigation in which the state is a defendant
18	18	1.18or potential defendant.
19	19	1.19 (d) State agencies may accept funds as directed by a federal court for any restitution or
20	20	1.20monetary penalty under United States Code, title 18, section 3663(a)(3), or United States
21	21	1.21Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue
22	22	1.22account and are appropriated to the commissioner of the agency for the purpose as directed
23	23	1.23by the federal court.
24	24	1Section 1.
25	25	23-00724 as introduced12/06/22 REVISOR CKM/RC
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 1068NINETY-THIRD SESSION
29	29	(SENATE AUTHORS: CHAMPION)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading02/01/2023
32	32	Referred to State and Local Government and Veterans 2.1 (e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph
33	33	2.2(t), may be deposited as provided in section 16A.98, subdivision 12.
34	34	2.3 (f) Any money received by the state resulting from a settlement agreement or an assurance
35	35	2.4of discontinuance entered into by the attorney general of the state, or a court order in litigation
36	36	2.5brought by the attorney general of the state, on behalf of the state or a state agency, related
37	37	2.6to alleged violations of consumer fraud laws in the marketing, sale, or distribution of opioids
38	38	2.7in this state or other alleged illegal actions that contributed to the excessive use of opioids,
39	39	2.8must be deposited in the settlement account established in the opiate epidemic response
40	40	2.9fund under section 256.043, subdivision 1. This paragraph does not apply to attorney fees
41	41	2.10and costs awarded to the state or the Attorney General's Office, to contract attorneys hired
42	42	2.11by the state or Attorney General's Office, or to other state agency attorneys.
43	43	2.12 (g) Notwithstanding paragraph (f), if money is received from a settlement agreement or
44	44	2.13an assurance of discontinuance entered into by the attorney general of the state or a court
45	45	2.14order in litigation brought by the attorney general of the state on behalf of the state or a state
46	46	2.15agency against a consulting firm working for an opioid manufacturer or opioid wholesale
47	47	2.16drug distributor, the commissioner shall deposit any money received into the settlement
48	48	2.17account established within the opiate epidemic response fund under section 256.042,
49	49	2.18subdivision 1. Notwithstanding section 256.043, subdivision 3a, paragraph (a), any amount
50	50	2.19deposited into the settlement account in accordance with this paragraph shall be appropriated
51	51	2.20to the commissioner of human services to award as grants as specified by the opiate epidemic
52	52	2.21response advisory council in accordance with section 256.043, subdivision 3a, paragraph
53	53	2.22(d).
54	54	2.23 (h) If the Minnesota Pollution Control Agency, through litigation or settlement of a
55	55	2.24matter that could have resulted in litigation, recovers $250,000 or more in a civil penalty
56	56	2.25from violations of a permit issued by the agency, then 40 percent of the money recovered
57	57	2.26must be distributed to the community health board, as defined in section 145A.02, where
58	58	2.27the permitted facility is located. Within 30 days of a final court order in the litigation or the
59	59	2.28effective date of the settlement agreement, the commissioner of the Minnesota Pollution
60	60	2.29Control Agency must notify the applicable community health board that the litigation has
61	61	2.30concluded or a settlement has been reached. The commissioner must collect the money and
62	62	2.31transfer it to the applicable community health board. The community health board must
63	63	2.32meet directly with the residents potentially affected by the pollution that was the subject of
64	64	2.33the litigation or settlement to identify the residents' concerns and incorporate those concerns
65	65	2.34into a project that benefits the residents. The project must be implemented by the community
66	66	2.35health board and funded as directed in this paragraph. The community health board may
67	67	2Section 1.
68	68	23-00724 as introduced12/06/22 REVISOR CKM/RC 3.1recover the reasonable costs it incurs to administer this paragraph from the funds transferred
69	69	3.2to the board under this paragraph. This paragraph directs the transfer and use of money only
70	70	3.3and does not create a right of intervention in the litigation or settlement of the enforcement
71	71	3.4action for any person or entity.
72	72	3.5 EFFECTIVE DATE.This section is effective the day following final enactment and
73	73	3.6applies to all litigation actions or settlements from which the Minnesota Pollution Control
74	74	3.7Agency recovers $250,000 or more on or after that date.
75	75	3Section 1.
76	76	23-00724 as introduced12/06/22 REVISOR CKM/RC