# Minnesota Partnership for Action Against Tobacco *Subject of the Minnesota record. The primary sources cited here do not name it.* This entry concerns the Minnesota Partnership for Action Against Tobacco. The record assembled for it holds two primary sources, both from the [[Revisor of Statutes]]: the 2002 versions of Minnesota Statutes section 144.395 and section 62J.694. Neither text names the partnership.[^1][^2] The record therefore establishes no legal form, creating instrument, membership, budget, audit, docket or output for an entity of that name. It also does not establish any relationship between the partnership and the funds described below.[^1][^2] Section 144.395 created the tobacco use prevention and local public health endowment fund in the state treasury. Laws 1999, chapter 245, article 11, section 4 enacted the section. Laws 2006, chapter 282, article 14, section 15 repealed it, nine years before the statute's own expiration date of June 30, 2015.[^1] Section 62J.694 created a medical education endowment fund under the same 1999 chapter (article 11, section 2). It had the same treasury placement, investment rule and June 30, 2015 sunset, and the same 2006 provision repealed it.[^2] Both funds defined their "principal" as the cumulative tobacco settlement payments the state received and credited to the tobacco settlement fund under section 16A.87, subdivision 2.[^1][^2] The tobacco fund's spending clause directed money "to reduce the human and economic consequences of tobacco use among the youth of this state."[^1] The same section also let the commissioner of finance use the fund's cash reserves to pay general fund expenses when general fund receipts were judged sufficient for the biennium.[^1] Section 62J.694 directed that the tobacco fund's cash reserves be drawn on before those of the medical education fund.[^2] ## In the Minnesota record ### What - The tobacco use prevention and local public health endowment fund was established in the state treasury and invested under section 11A.24. All earnings were credited to the fund.[^1] - Its principal was to be "maintained inviolate". The exception applied when the fund's market value fell below 105 percent of cumulative tobacco settlement payments credited under section 16A.87, subdivision 2. Below that level, principal could be spent for the section's purposes.[^1] - Each year, up to five percent of the fund's fair market value on the preceding July 1 was to be spent on state and local tobacco prevention measures and on other public health initiatives.[^1] - The medical education endowment fund used parallel creation, investment and principal rules. It contained a separate academic health center account.[^2] ### When - 1999: Laws 1999, chapter 245 enacted section 144.395 (article 11, section 4) and section 62J.694 (article 11, section 2).[^1][^2] - January 1, 2000: up to five percent of the tobacco fund's fair market value was appropriated to the commissioner of health for grants under section 144.396.[^1] - 2000–2004: the [[Minnesota Legislature]] amended section 144.395 by Laws 2000, chapters 392 and 488; Laws 2001, First Special Session, chapter 9; Laws 2002, chapters 220, 374 and 379; Laws 2003, chapter 18; and Laws 2004, chapter 228.[^1] - July 1, 2003: the 2002 amendment to subdivision 1 of section 144.395 took effect. That amendment was made by Laws 2002, chapter 220, as amended by chapter 374.[^1] - 2006: Laws 2006, chapter 282, article 14, section 15 repealed both sections.[^1][^2] - June 30, 2015: this was the statutory expiration date of both funds. On expiration, the commissioner of finance was to transfer principal and remaining interest to the general fund.[^1][^2] ### Who - The state board of investment invested both funds.[^1][^2] - The commissioner of health received the tobacco fund's annual appropriations for grants under section 144.396.[^1] - The commissioner of finance held the cash-reserve authority and the duty to transfer the funds at expiration.[^1][^2] - Under section 62J.694, the [[Board of Regents]] received appropriations for the [[University of Minnesota]] academic health center.[^2] - The legislative auditor was required to audit expenditures of the medical education endowment fund.[^2] The 2002 text of section 144.395 contains no comparable audit requirement for the tobacco fund.[^1] - The record does not show the party affiliation of the legislative majorities or governors behind the 1999 enactment, the amendments or the 2006 repeal.[^1][^2] ### How much - Beginning July 1, 2000, the tobacco fund's annual spending was split in three ways, all appropriated to the commissioner of health:[^1] - 67 percent for statewide youth tobacco use prevention grants; - 16.5 percent for local public health tobacco prevention grants; - 16.5 percent for distribution under section 144.396, subdivision 7. - Up to $200,000 of the January 1, 2000 appropriation was available for statewide assessments under section 144.396, subdivision 3.[^1] - Up to $150,000 of each annual appropriation could be used for administrative expenses.[^1] - Beginning July 1, 2001, $1,250,000 of the statewide youth prevention share could fund the commissioner's tobacco prevention and control programs. That appropriation came before any other under the subdivision.[^1] - From fiscal year 2002, the medical education fund's appropriation was split 42 percent to the University of Minnesota academic health center and 58 percent to the commissioner of health.[^2] - The academic health center account was to transfer $4,850,000 a year to the commissioner of health.[^2] ### How - If tobacco fund cash reserves were used for general fund expenses, the amount was to be returned with interest before the end of the biennium.[^1] - During such use, grant recipients were to be held harmless "to the extent possible" in this order:[^1] - local public health; - local tobacco prevention; - statewide tobacco prevention. - The commissioner of finance could reach the medical education fund's reserves only after using the tobacco fund's reserves.[^2] ## Notes [^1]: Office of the Revisor of Statutes, *Minnesota Statutes 2002, section 144.395, Tobacco use prevention and local public health endowment fund* (2002) — the fund's creation, investment, principal rule, cash-reserve provision, expenditure formula, appropriations, sunset, and its enactment, amendment and repeal history. https://www.revisor.mn.gov/statutes/2002/cite/144.395 [^2]: Office of the Revisor of Statutes, *Minnesota Statutes 2002, section 62J.694, Medical education endowment fund* (2002) — the medical education endowment fund, its academic health center account, appropriations, audit requirement, cash-reserve ordering relative to the tobacco fund, sunset, and its enactment and repeal history. https://www.revisor.mn.gov/statutes/2002/cite/62J.694