1.1                          A bill for an act 
  1.2             relating to health; creating a tobacco prevention 
  1.3             board; appropriating money; amending Minnesota 
  1.4             Statutes 1998, section 10A.01, subdivision 18; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 144. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 10A.01, 
  1.9   subdivision 18, is amended to read: 
  1.10     Subd. 18.  [PUBLIC OFFICIAL.] "Public official" means any: 
  1.11     (a) member of the legislature; 
  1.12     (b) constitutional officer in the executive branch and the 
  1.13  officer's chief administrative deputy; 
  1.14     (c) member, chief administrative officer or deputy chief 
  1.15  administrative officer of a state board or commission which has 
  1.16  at least one of the following powers:  (i) the power to adopt, 
  1.17  amend or repeal rules, or (ii) the power to adjudicate contested 
  1.18  cases or appeals; 
  1.19     (d) commissioner, deputy commissioner, or assistant 
  1.20  commissioner of any state department as designated pursuant to 
  1.21  section 15.01; 
  1.22     (e) individual employed in the executive branch who is 
  1.23  authorized to adopt, amend or repeal rules or adjudicate 
  1.24  contested cases; 
  1.25     (f) executive director of the state board of investment; 
  1.26     (g) executive director of the Indian affairs intertribal 
  2.1   board; 
  2.2      (h) commissioner of the iron range resources and 
  2.3   rehabilitation board; 
  2.4      (i) commissioner of mediation services; 
  2.5      (j) deputy of any official listed in clauses (e) to (i); 
  2.6      (k) judge of the workers' compensation court of appeals; 
  2.7      (l) administrative law judge or compensation judge in the 
  2.8   state office of administrative hearings or referee in the 
  2.9   department of economic security; 
  2.10     (m) solicitor general or deputy, assistant or special 
  2.11  assistant attorney general; 
  2.12     (n) individual employed by the legislature as secretary of 
  2.13  the senate, legislative auditor, chief clerk of the house, 
  2.14  revisor of statutes, or researcher, legislative analyst, or 
  2.15  attorney in the office of senate counsel and research or house 
  2.16  research; 
  2.17     (o) member, regional administrator, division director, 
  2.18  general counsel, or operations manager of the metropolitan 
  2.19  council; 
  2.20     (p) the director of the racing commission, the director of 
  2.21  the gambling control board, the director of the state lottery, 
  2.22  and the deputy director of the state lottery; 
  2.23     (q) director of the division of alcohol and gambling 
  2.24  enforcement in the department of public safety; 
  2.25     (r) member or executive director of the higher education 
  2.26  facilities authority; 
  2.27     (s) member of the board of directors or president of the 
  2.28  Minnesota world trade center corporation; or 
  2.29     (t) member or chief administrator of a metropolitan agency; 
  2.30  or 
  2.31     (u) member of the tobacco prevention board or employee of 
  2.32  the board or independent contractor or consultant providing 
  2.33  services to the board. 
  2.34     Sec. 2.  [144.3941] [TOBACCO PREVENTION BOARD.] 
  2.35     Subdivision 1.  [PURPOSE.] The purpose of the tobacco 
  2.36  prevention board is to reduce human and economic consequences of 
  3.1   tobacco use through prevention measures.  
  3.2      Subd. 2.  [CREATION.] The tobacco prevention board consists 
  3.3   of 12 members appointed according to subdivision 3.  No member 
  3.4   shall have direct economic ties to the tobacco industry, 
  3.5   including, but not limited to, the acceptance of a political 
  3.6   contribution from the tobacco industry. 
  3.7      Subd. 3.  [APPOINTMENT.] (a) Five members shall be 
  3.8   appointed by the governor.  At least one of these members shall 
  3.9   have experience in tobacco use prevention or research.  One 
  3.10  member shall be selected from the board of directors of the 
  3.11  Minnesota partnership for action against tobacco. 
  3.12     (b) Three members shall be appointed by the speaker of the 
  3.13  house.  At least one of these members shall have experience in 
  3.14  tobacco use prevention or research. 
  3.15     (c) Three members shall be appointed by the subcommittee on 
  3.16  committees of the committee on rules and administration of the 
  3.17  senate.  At least one of these members must have experience in 
  3.18  tobacco use prevention or research. 
  3.19     (d) The board shall include the commissioner of health. 
  3.20     Subd. 4.  [TERMS; COMPENSATION.] The board is governed by 
  3.21  section 15.0575, except the terms of the members shall be for 
  3.22  three years. 
  3.23     Subd. 5.  [DUTIES.] The board shall administer the 
  3.24  endowment fund established under section 144.3942. 
  3.25     Subd. 6.  [STAFFING.] The board may hire legal personnel 
  3.26  and other necessary personnel and consultants. 
  3.27     Subd. 7.  [SUNSET.] This section expires January 1, 2023. 
  3.28     Sec. 3.  [144.3942] [TOBACCO PREVENTION ENDOWMENT FUND.] 
  3.29     Subdivision 1.  [CREATION.] The tobacco prevention 
  3.30  endowment fund is created as an account in the state treasury.  
  3.31  The commissioner of finance shall credit to the fund 37 percent 
  3.32  of the proceeds received by the state in fiscal years 1999 to 
  3.33  2003 as a result of the settlement of the lawsuit styled as 
  3.34  State by Humphrey, et al. v. Philip Morris Incorporated, et al., 
  3.35  No. C1-94-8565.  The state board of investment shall invest the 
  3.36  fund according to section 11A.24.  All earnings of the fund must 
  4.1   be credited to the fund.  Any assets remaining in the fund after 
  4.2   January 1, 2023, shall revert to the general fund.  
  4.3      Subd. 2.  [EXPENDITURES.] The assets of the fund must be 
  4.4   appropriated by law for measures to prevent the use of tobacco 
  4.5   products.  The amount appropriated each year of a biennium, 
  4.6   commencing on July 1 in each odd-numbered year and ending on 
  4.7   June 30 in the next odd-numbered year, may be up to five percent 
  4.8   of the market value of the fund one year before the start of the 
  4.9   biennium. 
  4.10     Sec. 4.  [APPROPRIATION.] 
  4.11     Notwithstanding the limitation in Minnesota Statutes, 
  4.12  section 144.3942, subdivision 2, the following amounts are 
  4.13  appropriated from the tobacco prevention endowment fund to the 
  4.14  tobacco prevention board for tobacco use prevention measures:  
  4.15  $....... for the fiscal year ending June 30, 2000; and $....... 
  4.16  for the fiscal year ending June 30, 2001.