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♪ >> 2. >> GOOD MORNING. AND LIKE TO CALL THE MEETING OF THE HEALTH AND HUMAN SERVICES COMMITTEE TO ORDER WEDNESDAY MARCH. 1ST 2023. AND WE DO HAVE A QUORUM PRESENT. WE HAVE SEVERAL BILLS ON THE AGENDA TODAY ON OUR 3 BILLS ARE PRESENTED BY SENATOR CHAMPION. WELCOME TO THE COMMITTEE. SENATOR THANK YOU, MADAM CHAIR, FOR HAVING ME THIS 20 AND THANK YOU TO COMMITTEE FOR TAKING THE TIME TO CONSIDER 3 PROPOSALS. THAT'S BEFORE THE COMMITTEE. AND I KNOW THE FIRST ONE, THIS NFL NUMBER. >> 3.95. AND IT'S ALSO MY UNDERSTANDING, MADAM CHAIR, THAT THESE 3 BILLS WILL BE LAID OVER FOR POSSIBLE INCLUSION. AND I HOPE THAT YOU ALL WILL GET A CHANCE TO WRESTLE WITH THESE ISSUES AND HOPEFULLY THEY'LL FIND THEIR WAY IN YOUR WONDERFUL ON THE BILL. >> I THINK WE HAVE A PATH THAT THE FIRST TO NEED TO GO TO JUDICIARY FIRST SO THAT THEY ALL 3, NO, THE FIRST 2 OF GUY THAT YOU CAN.

START WITH THOSE 2 OF THEM. THINK THE 3RD ONE SOUNDS GOOD TO ME. AND I HOPE THAT WE WILL PASS IT FORWARD. AND AND I WILL SAY THIS UP FRONT THAT NO MATTER WHAT THE PROPOSAL IS, AOC I'LL CONTINUE TO WORK WITH ALL PARTIES IN ORDER TO MAKE SURE THAT WE HAVE THE BEST BILL. THAT GOES FORWARD. AND AND LET ME TALK SPECIFICALLY ABOUT SON FOUND NUMBER 3.95. AND AS YOU KNOW, BECAUSE YOU ON THIS IMPORTANT A ROBUST A COMMITTEE OF HEALTH AND HUMAN SERVICES THAT DHS AND OTHERS, THEY DO BACKGROUND CHECKS AND THIS ONE IS SPECIFICALLY AROUND DHS AND THEY DO BEST CONCERTS IN ORDER TO MAKE THE DECISIONS AROUND LICENSING IN A NUMBER OF OTHER THINGS. PARTICULAR FAU TALKS ABOUT THAT IN THIS PROPOSAL PROVIDES FOR. RECORDS THAT ICKES BUNS THE COMMISSIONER REECE SHOULD THE COMMISSION RECEIVED NOTICE? BOTH OF A PETITION TO EXPUNGE THE RECORD UNDER 2.60, BE WAS USING THE JUVENILE DELINQUENCY PROVISION AND 609 A WHICH IS DOT.

EXPUNGEMENT PROCESS. AND I'M PROUD TO SAY THAT I WAS THE CHIEF AUTHOR OF THE EXPLAIN THE PROCESS AS WE KNOW IT. THAT STILL NEEDS SOME TWEAKING. LET ME JUST SAY, AND WE'RE GOING TO CONTINUE TO DO THAT. BUT BACK TO THIS BILL. IT DOES OCCUR AND A COURT ORDER THAT DIRECTS THE COMMISSION TO EXPUNGE THE RECORD BECAUSE UNDER 609 A AND THE OTHER STATUTE YOU HAVE TO NOTIFY THAT THE EXECUTIVE BRANCH AND ALL THE OTHERS THAT THIS EXPOSE MEANT A PETITION HAS BEEN FILED.

INDIVIDUALS CAN THEN SHOW UP AT THAT HEARING AND SAY IF THEY AGREE OR DISAGREE. BUT HERE, PARTICULARLY LEE, IF THE PUT IT, THE COMMISSIONER IS GIVEN NOTICE THAT NOTICE HAS BEEN FILED AND A COURT ORDER RELATED TO THAT EXPUNGE THE RECORD SAYS IT'S SEALED. WHAT WE'RE SAYING IS THAT. DHS CANNOT USE ANYTHING RELATED TO THAT EXPANDS RECORD FOR PURPOSES OF RELATED TO THE THE BACKGROUND CHECK BECAUSE HE'S BEEN SUE. ALSO NOTE THIS THAT NOTHING IN THIS. LANGUAGE PROHIBITS. THE COMMISSIONER FROM CONSIDERING INFORMATION FROM A SET SEPARATE ADMINISTRATIVE DECISION THAT COULD BE MALTREATMENT THAT COULD BE SOMETHING ELSE.

AND IF THEY GET THAT INFORMATION SOMEPLACE ELSE. THERE RIGHT. AND JUST SO EVERYONE IS ALSO CLEAR IN JUST SO THAT YOU SEE THAT LANGUAGE THAT I JUST TALKED ABOUT. HIS OWN 3.0, 1, 4, 3.0, 1, 4, 3, 0, 1, 5, THE OTHER THING THAT YOU SHOULD KNOW IS THAT UNDER THE CURRENT EXPUNGEMENT PROCESS AND HE EVEN THOUGH THIS IS MORE FOR JUDICIARY. ENIX FUNDS, RECORD IS STILL AVAILABLE FOR LAW ENFORCEMENT IN FOR SENTENCING PURPOSES. SO RECORD IS NOT IT'S STILL FROM THE PUBLIC. BUT IF SOMEONE WAS TO GET IN TROUBLE OR DO SOMETHING THAT WOULD LAND HIM BACK INTO THE JUDICIAL PROCESS. IT WAS STILL BE I ACCESS TO THAT RECORD BECAUSE WE WANT TO MAKE SURE THAT THERE'S NOTHING THAT WOULD A SEALED A PERSON'S RECORD IF FROM LAW ENFORCEMENT IN FROM THE COURT, IF THEY DID SOMETHING ONE WOULD UNFORTUNATE. SO THAT'S WHAT THIS BILL IS. AND I WILL STAND FOR ANY QUESTIONS AND YOU SHOULD ALSO KNOW MADAME CHAIR THAT I DO HAVE SOMEONE HERE FROM DHS IN THE EVENT THAT SOMEONE HAS SOME QUESTIONS RELATED TO DHS OR THE PROCESS DAY, SUPPORT THE BILLS.

MY UNDERSTANDING THEY'RE OK WITH THIS BILL. THEY HAVE SOME TECHNICAL SUGGESTIONS THAT CAN HAPPENED AT THE BILL. GOES FOR THAT. THANK YOU. MADAM CHAIR. THANK YOU, SENATOR, TO BE MEMBERS TO HAVE ANY QUESTIONS ABOUT THE BILL. >> SENATOR MCCAIN. >> THANK YOU, MADAM CHAIR AND THANK YOU, SENATOR CHAMP IN AND I DON'T AS IT WAS READING DON'T KNOW IF I MISSED ANYTHING. USE SAID AS I WAS TRYING TO FIGURE WHAT TYPE OF THINGS CAN BE EXPUNGED AND WHAT KIND OF THINGS CAN THERE'S GOING TO BE SOME THINGS THAT ARE SERIOUS ENOUGH THAT CAN'T WHAT WHAT? THINGS ARE WE TALKING ABOUT HERE? >> HERE'S A SENATOR.

A THINGS THAT COULD BE EXPANDS. A CANNOT BE EXPENSES LIKE SERIOUS, VIOLENT, YOU CRIMES RIGHT OBVIOUSLY THAT THE MORE SERIOUS IT IS LIKE MURDER AND THOSE SORT OF THINGS, SOME OF THE THINGS THAT ALSO CAN BE EXPOSED THINGS THAT ARE WHAT WE CALL IN HAND SYMBOL. LIKE, FOR EXAMPLE, IF YOU GET A DWI THAT IS IN THE HANDS OF OFFENSE AND USUALLY COURTS DON'T ALLOW THOSE TO BE, YOU KNOW, DISMISSED OR EXPUNGE BECAUSE OF THAT. THIS IS OVERRIDING NOTION AS TO WHY ONE SHOULD KNOW ABOUT THAT. BUT USUALLY IN GENERALLY. THOSE SORT OF THINGS, IF THERE'S A LOT OF TIME THAT HAS PASSED AND ONE OF THE THE IMPORTANT THINGS ABOUT OUR EXPENSE BEEN A PROCESS UNDER 609, IS IT HAS TIME LINES IN IT. RIGHT. AND ONE OF THE REASONS WHY THOSE TIMELINES BECAME IMPORTANT IS BECAUSE YOU HAD A CROSS SECTION OF PEOPLE WHO WOULD IT A PETITION FOR EXPUNGEMENT AND WHEN THERE WERE NO TIMELINES, IT WOULD BE HIT MISS AS TO WHETHER THOSE RECORDS WOULD BE DISMISSING THAT. SO THAT'S ALONG WITH SAYING MORE OF THE VIOLENT CRIMES AND THOSE SORT OF THINGS AND THAT.

EXPENDABLE. SO ANY OTHER QUESTIONS ABOUT THE BOOM? I'M NOT NOT SEEING I APPRECIATE THE WORK THAT WENT INTO THE. >> THE TASK FORCE EFFORTS TO I'M TRYING TO BRING RECOMMENDATIONS FOR WORD IN IN TIME FOR US TO CONSIDER THE SESSION. I KNOW THIS ONE IN THE AND THE SECOND BILL, YOU KNOW, BOTH RELATED TO THAT WORK. I DON'T HAVE ANY SPECIFIC MEMBERS OF THERE ARE NO OTHER QUESTIONS. YOU HAVE ANY FIRM FINAL THOUGHTS ON THIS BILL.

AGAIN, I PULL YOUR COMMENTS THAT THE TASK FORCE AND OTHERS HAVE DONE A LOT OF WORK AROUND THIS, THESE 2 BILLS. SO I'D ASK FOR YOUR SUPPORT TO MOVE FORWARD. >> AND AGAIN, WE'RE ALWAYS OPEN TO, YOU KNOW, TECHNICAL CHANGES OR IF THERE'S SOMETHING ELSE THAT THE TASK FORCE, MISTER, WE CERTAINLY REVISIT IT. >> SO SENATOR MAN COULD TO MAKE THE MOTION ON THIS IT >> NEEDS TO BE RECOMMENDED TO PASS AND BE REFERRED TO THE JUDICIARY AND PUBLIC SAFETY COMMITTEE TO MOVE MENTOR. >> AND ON THE QUESTION SUPPORT CINEPHILE 3.95. ALL THOSE IN FAVOR. PLEASE SIGNIFY BY SAYING AYE. ANY OPPOSED. THE MOTION DOES SENATE 3.95. IS RECOMMENDED TO PASS AND IS REFERRED TO THE COMMITTEE ON JUDICIARY AND PUBLIC SAFETY. AND YOUR SECOND BILL IS SENATE 1, 1, 6, 4, >> THANK YOU. MADAM CHAIR SENATE NUMBER 11. 64 REALLY WAS THE TASK FORCE ATTEMPTS TO TRY TO BRING CLARITY TO EXPUNGEMENTS AND WHAT SHOULD HAPPEN AND HOW LONG A RECORD.

>> SHOULD BE USED AGAINST A PERSON FROM LACK OF BETTER WORD. SO IF YOU THINK ABOUT IT. AND LIKE IN SECTION ONE. IT IT MAKES THIS NOTION THAT IF A JUVENILE, EXAMPLE, HAS BEEN CERTIFIED AS AN ADULT. >> THAT COULD DISQUALIFY THEM FROM DIRECT SERVICES FOR. >> I BELIEVE, IS ITS 5 YEARS. AND HOW YOU CALCULATE THAT IS IF, FOR EXAMPLE, THAT JUNE LITTLE PERSON WAS CERTIFIED AS AN ADULT AND IF THEY WERE COMMITTED TO THE DEPARTMENT OF CORRECTIONS, IT IT WOULD START AT THE TIMELINE WAS STARTED TO DATE OF CONVICTION. IF THE PERSON WAS NOT IT FIRST WAS NOT COMMITTED TO DEPARTMENT OF CORRECTIONS IS SET TO THE DATA CONVICTION. BUT IF THE WORD THAT HIS STARTS TO CUT THE TIME STARTS AT THAT DATE OF DISCHARGE. IF COMMITTEE. SECOND A SUBDIVISION, 2 ALSO ATTEMPTS TO CLARIFY WHAT ARE THE THINGS THAT A PERSON >> WOULD BE? WOULD MAKE A PERSON DISQUALIFIED. >> UNDER A SECTION TO 45.4 TO 40 TO 45 C 0.14 IT DOES IS LESS THAN 15 YEARS THE PAST. AND THEN TRY TO PUT IN THAT THE MORE SERIOUS, A SALE CRIMES AS OPPOSED TO POSSESSION.

AND IF YOU GO TO. 2 LIES, 3.9 3.1, 0. WE INTENTIONALLY STRUCK OUT THINGS LIKE. YOU KNOW, POSSESSION OR A FELONY LEVEL CONVICTION INVOLVING ALCOHOL AND DRUG USE. THE REASON WHY THAT BECAME IMPORTANT IS BECAUSE THERE'S A DIFFERENCE BETWEEN POSSESSION AND SALES AND NOT ONLY THE INTENT, BUT WHO YOU'RE TALKING ABOUT. IF YOU THINKING ABOUT IF YOU THINK ABOUT POSSESSION IN ALCOHOL USE, YOU'RE TALKING ABOUT SOMEONE WHO POTENTIALLY MAY HAVE A CHEMICAL DEPENDENCY PROBLEM AND YOU WERE ARRESTED FOR POSSESSION OR ALCOHOL READING DEFENSES. AND SO BASED ON WHERE THAT FALLS, WHEN WE THINK IN TERMS OF A MISDEMEANOR GROSS MISDEMEANOR FELONY, THAT WOULD DETERMINE WHETHER THEY WOULD BE. WOULD BE DISQUALIFIED YOU KNOW. NO AT 15 YEARS AND NOT THEN YOU ALSO SEE. IN THE SAME PROVISION. IF YOU GO TO LINES. 4.0, 2, 4.3 IS TALKED ABOUT THE 5 YEAR DISQUALIFICATIONS AND AGAIN, IT TRIES TO OUTLINE WHAT ARE THOSE OFFENSES ARE THINGS THAT WOULD GIVE US A SENSE AS TO WHEN A PERSON HOW LONG A PERSON WOULD DISQUALIFIED. THE WHOLE IDEA. WE WE ATTEMPTED TO OF THE TASK FORCE ATTEMPTED TO NOT PERMANENTLY DISQUALIFY SOMEONE.

AND AND AND REALLY LOOK THAT IF SOMEONE IS IS IS IS DOING THE RIGHT THING DOING THIS PRESCRIBED AMOUNT OF TIME. AND IF WE HAVE TURNED THEIR LIFE AROUND, THEY SHOULD HAVE THE BENEFIT OF BEING ABLE TO PROVIDE DIRECT SERVICES OR AT LEAST BE CONSIDERED TO DO THOSE THINGS. SO IF YOU LOOK IN SUBDIVISION FOR FOR BE, IT JUST TALKS ABOUT THOSE CRIMES AND ALSO HOW THE CALCULATION WHAT HAPPENED, HOW MUCH TIME HAS PASSED SINCE THE DISCHARGE AND AND ALL THE THINGS THAT HAVE TO HAPPEN IN ORDER FOR A PERSON TO BE ABLE TO. NO LONGER BE DISQUALIFIED AND COULD SEEK AN OPPORTUNITY TO TO GET SOMETHING TO GET A LICENSE OR PROVIDE SERVICES FROM THE DEPARTMENT OF. HUMAN SERVICES LAST BUT CERTAINLY NOT LEAST. THERE WAS ALSO THIS IDEA THAT IF YOU LOOK AT 6.6, 6, EXCUSE ME, 6.6 6.7 THAT THE COMMISSIONER MAY SET GRANT A VARIANCE FOR ANY DISQUALIFICATION, THOSE BASED ON KIND OF OR CONVICTION. AND INDIVIDUALS, JUVENILE RECORDS. THAT WAS IMPORTANT IS BECAUSE SOMETIMES YOUNG PEOPLE AT VERY YOUNG AGES SOMETIMES MAKE BAD DECISIONS AND SO MOST TIMES ALREADY GONE BY. AND IF THERE WAS SOMETHING IN THAT RECORD IN THAT SITUATION THAT COULD BE REVIEWED BY THE COMMISSIONER AND END IT A VARIANCE WAS WARRANTED.

THAT COULD BE ALLOWED. SO THERE YOU HAVE SENATE FOUND NUMBER 11. 64 AND I'LL STAND FOR ANY QUESTIONS. AND I WOULD ALSO THINK THAT IF I THINK NEED TO BE ANSWERED BY DHS THAT THEY WERE. THEY ARE AVAILABLE AS WELL. THANK YOU, SENATOR CHAMPION MEMBERS TO HAVE ANY QUESTIONS ABOUT THE SPILL. >> SEND A BLUR. >> THANKS, MADAM SIZE LATEST ME. IN A FEW 100 CARS MOVING AT SLOW SPEEDS, NO HIGH-SPEED CRASHES ON THE INTERSTATE ANYWAY. SO CENTER CHAMPION THIS. THIS IS THE TASK FORCE AND I AM. BUT THIS HAS I JUST I SPEAK IN FAVOR OF IT.

THIS IS A I DON'T KNOW THE DETAILS, BUT I HAVE HIGH CONFIDENCE THAT YOU AND WE HAVE TRIED SEARCH AND YOU AND I AND OTHERS HAVE TRIED FOR A LONG TIME. THE RIGHT PEOPLE WORKING AND DISQUALIFY THE RIGHT ONES. AND IT'S BEEN REALLY HARD TO NAVIGATE. GO. HOW CAN YOU LET THEM DO SOMETHING? AND YOU KNOW THIS, THIS HEINOUS OFFENSE AND AND SO THANK YOU FOR READING IT.

AND I'M OUT. SHOULD HE GET OUT OF THE SO IF YOU CAN. BECAUSE WE PASSED A 2 YEARS AGO. I THINK WE PASSED THE TASK FORCE AND THEY SPENT HOURS AND HOURS AND MONTHS AND SLOGGING THROUGH AND GETTING TO A CONSENSUS. AND THERE ARE PLENTY OF FOLKS WHO PROBABLY JUST SAID THIS OF PEOPLE WHO ARE HIGHLY QUALIFIED PEOPLE WHO SHOULD BE WORKING, WHO MADE A BAD DECISION 20 YEARS AGO. AND THEY'RE JUST WHOLLY DIFFERENT PEOPLE AND WE NEED PEOPLE THAT COULD HAVE GOT A PROMOTION THAT DIDN'T BECAUSE THEY COULDN'T PASS BACKGROUND CHECK. THEY COULDN'T GET TO THEIR OLD JOB AS A GOOD PASS. A BACKGROUND CHECK OF THE QUICK TO TAKE THE NEW JOB. TRAGIC STORIES LIKE THAT WERE GOOD. PEOPLE ARE SO I'M HAPPY TO STAND WITH YOU IN STRONG SUPPORT OF THIS AND A DEFENDANT ON THE FLOOR.

BECAUSE THIS THIS IS SUCH A GOOD THING TO DO TO REMEDY. WELL INTENDED EFFORTS TO PROTECT PEOPLE. THE PEOPLE WE'RE TRYING TO HELP HERE. I DON'T NEED ANYBODY TO PROTECT THEM AGAINST BECAUSE THERE GOOD PEOPLE WANT TO GO TO WORK. SO AND WE THANK YOU. MADAM CHAIR, THANK YOU, MEMBERS. ANY OTHER QUESTIONS OR COMMENTS ABOUT THE BILL? >> SEEING I DO STATE.

THEIR FOR THE SARAH WORK AND THE HAVING ALL OF PEOPLE WHO KNOW ABOUT THE SYSTEM AND ABOUT THE WORK THAT WE WOULD LIKE TO HAVE PEOPLE ABLE TO DO IF THEY'RE QUALIFIED HAVE THE OPPORTUNITY. SO I APPRECIATE THE TIME AND EFFORT THAT WENT INTO THAT AND INTO CREATING THE BILLS DISICK QUESTION, DO YOU WILL THESE BE THE ONLY 2 BILLS THAT COME OUT OF THE PROCESS THIS YEAR? IT WILL THERE BE MORE WORK COMING OUT OF THAT. MADAM CHAIR AND COMMITTEE, I'M NOT CERTAIN OF THESE WILL BE THE ONLY BILLS, BUT I KNOW THE TASK FORCE HAS BEEN HARD AT WORK. AND AS SENATOR A BLUR. >> THEY'VE BEEN WORKING VERY HARD AND EVEN DOING DURING TIMES WHEN WE'RE AN INTERIM. AND SO THEY CONTINUE TO NAVIGATE THROUGH SOME OF THE SOME OTHER BILLS AS WELL. SO THERE WILL PROBABLY BE MORE, BUT I'M NOT IT IF WHAT HAPPENED THIS YEAR SEEN THAT THE FIRST DEADLINE IS COMING UP AS WELL. ALL RIGHT. WELL, THANK YOU. THIS BILL ALSO NEEDS TO BE REFERRED TO THE JUDICIARY SENATOR TO MAKE THE MOTION.

>> A SENATE 11. 64 BE RECOMMENDED TO PASS AND BE REFERRED TO THE JUDICIARY COMMITTEE THANK YOU MEMBERS ON THAT QUESTION. ALL THOSE IN FAVOR. PLEASE SIGNIFY BY SAYING AYE, AYE, ANY OPPOSED THE MOTION DOES THE SENATE 11. 64. IT'S RECOMMENDED TO PASS AND BE REFERRED TO THE COMMITTEE ON JUDICIARY AND PUBLIC SAFETY. THANK YOU, SENATOR CHAMPION. AND NOW WE WILL TAKE SENATE FILE TO ONE TO 3. SO THANK YOU, MADAM CHAIR AND THANK YOU FOR THE COMMITTEFOR TAKING THE TIME TO LISTEN TO SNIFF 21 23, WHICH IS NOT A TASK FORCE BILLS. I WILL SAY THAT INITIALLY SO THAT WE CAN MAKE SURE THAT THAT'S CLEAR. >> AND I DO HAVE WITH ME A COUPLE TESTIFIERS WHO CAN TALK ABOUT THIS BILL.

BUT AGAIN. WHAT IT DOES IN SECTION ONE, IT TALKS ABOUT ADMINISTRATIVE PENALTIES FOR SALES AND FURNISHING, YOU KNOW, LICENSE IF A LICENSEE OR EMPLOYEE OR AGENT SALES OF GIVES OTHERWISE FURNISHES. YOU KNOW WHAT WE ARE TALKING ABOUT HERE? I ANY FLAVORED PRODUCTS AND DEFINED IN SECTION 4.61. AND YOU SEE THAT ON LINE. 1.11 TO 1.0, 2. AND IF YOU GO DOWN TO ONE SEE THE 1.0, 2, 2, A DECISION THAT A VIOLATION HAS OCCURRED MUST BE IN WRITING AND AN ADMINISTRATIVE PENALTIES FOR THE SALE OFFER FOR SALE OF FLAVORED PRODUCTS SHALL BE CALCULATED ON A PER ITEM FOR TRANSACTION BASES IN THE BE ASSESSED.

CUMULATIVELY. A REQUIREMENT FOR, YOU KNOW, LOCAL ORDINANCE, YOU KNOW, TALKING ABOUT THE RESTRICTIVE REGULATIONS OR OR DELIVERY OF CERTAIN PRODUCTS, INCLUDING BUT NOT LIMITED TO FLAVORED PRODUCTS. AND IT ALSO TALKED ABOUT IN SECTION 3, WHICH STARTS AT 2.1, 2, ALL THE WAY THROUGH WHAT IS PROHIBITED WHEN WE THINK IN TERMS OF THESE THESE FLAVORED PRODUCTS. AND THEN WHEN YOU LOOK AT 3.3 TALKS ABOUT THE PROHIBITION AND THE LENSE EMPLOYEES, AGENTS OF A LICENSE OR OUT OF STATE ELISHA SALE OFFER FOR SALE. ANY FLAVOR PRODUCTS TO A CONSUMER IN THIS STATE. WE'RE LOOKING AT THIS STATE AND THEN THERE'S A PRESUMPTION THAT I'M SURE THAT WE CAN TALK A LITTLE ABOUT ENDING. IN FACT, WE ALSO HAVE SOME OTHER TESTIFIES. YOU COULD ALSO BE A LITTLE MORE DESCRIPTIVE AND INSIGHTFUL. WE THINK IN TERMS OF SUBDIVISION, 3 WAS STARTED 3.1, 5 ALL THE WAY THROUGH THROUGH 3.1, 8. THEN 3 AT 3.1 9 SUBDIVISION FOR TALKS ABOUT PENALTIES. ANY FLAVOR TO OFFER FOR SALE TO A CONSUMER. THE STATE IS CONTRABAND UNDER THIS STATUTE AND SUBJECT TO FORFEITURE CIVIL PENALTIES AND ENFORCEMENT. AND THE EFFECT OF THE DAY, YOU WILL SEE AND IT'S MY MADAM SAY THAT IF THERE ARE SOME QUESTIONS AND SOME ADDITIONAL WORKS.

I KNOW I WAS TALKING TO A REPRESENTATIVE A KEY EARLIER TODAY THAT HE COULD CERTAINLY BE TALKED ABOUT ONCE THIS COMMITTEE DECIDES IF YOU WANT TO SEE INCLUDED IN ON THE DISPUTE. ALSO, THIS WILL NOT BE LEADING THIS COMMITTEE FOR MY UNDERSTANDING THIS WILL THIS. THIS NFL WILL REMAIN HERE. >> MADAM SENATOR CHAMPIONED. WE DO NEED TO SEND THE BILL TO STATE AND LOCAL I ISLAM IS GUESS. WHAT? LET'S SEND IT ON TO STATE. LOCAL GOVERNMENT STILL WORKING ON IT JUST SAY THAT OR MORE.

AND I KNOW THIS AND THEY SAY IS MADAM CHAIR WAS SHOPPING AT THE BITS OVER THERE. HE'S READY TO ASK ME THAT ROBOTS QUESTION. >> MADAM, THANK YOU, SENATOR, ABLE THIS TO THE YOU KNOW, MY QUESTION IS, ARE. I'M COMFORTABLE WITH THIS PROPOSAL THEM SOME OF THE MEMBERS OF THE SENATE ARE IN BLOOM, I'M SORRY. DO YOU HAVE JUST A QUICK QUESTION? DO WANT OKAY? I JUST WANT TO HAVE A LOT OF TESTIFIERS. I DON'T KNOW THAT I AND STEP OUT. I WANT TO ASK A QUESTION ABOUT THE BILL AND A POSSIBLE AMENDMENT THAT HE MIGHT CONSIDER LATER.

SO TO BE VERY SHORT. ANYWAY. SO THE EFFECTIVE DATE, I JUST GOT NEWS FROM ONE OF PEOPLE THAT THEY BELIEVE SAYS HE CAN'T GET OUT OF THEIR GUY. JUST CAUSE TREMENDOUS HARM THAT THEY HAVE TO STOP DOING THIS AND THAT THE TESTIMONY ABOUT THAT. BUT IT SEEMS TO ME IF YOU CHANGE THE EFFECTIVE DATE TO 2024. THAT WOULD HELP SOME OF THE FOLKS IRONICALLY, MADAM CHAIR, THE COMEDY PART OF MY THING IS.

ASSUMING MARIJUANA IS LEGALIZED, HE'S GOING TO CONVERT HIS FLAVORED. VAPE SHOP INTO A MARIJUANA STORE. SO I'M NOT SURE THAT'S WHERE WE WANT TO GO, BUT THAT'S MY REQUEST. WE'LL TALK ABOUT LATER. BUT I WANT TO MAKE SURE YOU GOT THAT EARLY ON THAT MAYBE AT THE CHANGE WOULD SOFTEN THE BLOW TO THE INDUSTRY. THANK YOU. >> THANK USE THAT WAS SENATOR DID YOU WANT RESPOND TO THAT RIGHT NOW AS THIS RESPOND BY SAYING WE CERTAINLY TAKE THAT UNDER ADVISEMENT AND TALK ABOUT AS I INDICATED, I'M THE TYPE THAT BELIEVES IN HAVING, YOU KNOW, A ROAD WAS CONVERSATIONS AND SOME TIME WILL GREEN SOMETIME. WE DISAGREE. BUT I DON'T HAVE A CLOSED BY SAW CERTAINLY TALK ABOUT. THANK YOU KNOW I GUESS WE WOULD LIKE TO MOVE TO WE HAVE ONE PERSON WHO. >> AS WITH YOU SO VIA A MOST ANALYSTS SAY, IF YOU STATE YOUR NAME FOR THE RECORD IN AND BEGIN YOUR TESTIMONY. MY NAME IS SYLVIA AMOS AND YOU HAVE TO KIND OF REAL CLOSE TO THE MICROPHONE AND LOUDLY AND THANK YOU.

GOOD MORNING CHAIR WITH A WIN AND MEN AND COMMITTEE MEMBERS. MY NAME IS STILL BE A MESS. AND SERVE 13 YEARS AS PRESIDENT OF THE WOMEN'S AUXILIARY, THE MINNESOTA STATE BAPTIST CONVENTION AND CURRENTLY SERVE AS A COMMUNITY ORGANIZER WITH THE ASSOCIATION OF NON-SMOKERS MINNESOTA. I'M HERE REPRESENTING MINNESOTANS FOR SMOKE-FREE GENERATION. A COALITION OF 50 PLUS ORGANIZATIONS PROTECTING YOU FROM TOBACCO ADDICTION. I ALSO AM A MEMBER OF THE MENTHOL COALITION, A GROUP OF ADVOCATES FIGHTING THE SPECIFIC PROBLEM OF MENTHOL, ESPECIALLY IN MY THE BLACK COMMUNITY. ENDING THE SALE OF MENTHOL CIGARETTES AND ALL FLAVORED PRODUCTS IS AN IMPORTANT PUBLIC HEALTH AND RACIAL JUSTICE ISSUE THAT WILL SAVE LIVES, REDUCE HEALTH DISPARITIES AND PROTECT KIDS.

IT IS IMPERATIVE THAT WE CARE ABOUT EVERY LIFE, BUT ESPECIALLY THE MOST VULNERABLE AND MOST UNDERREPRESENTED LIES, WHICH IS OUR YOUTH, WHICH IS OUR FUTURE FLAVORED PRODUCTS MAY MASK THE OF TOBACCO, BUT THEY ARE JUST AS ADDICTIVE AND HARMFUL HAS NOT FLAVORED TOBACCO PRODUCTS. FOR EXAMPLE, MENTHOL MAKES IT EASIER TO START SMOKING EASIER TO INHALE AND MUCH HARDER TO QUIT. I'VE SPENT THE LAST SEVERAL YEARS EDUCATING AND ORGANIZING TWIN CITIES AFRICAN AMERICAN CHURCHES ON THE HARMFUL EFFECTS OF MENTHOL TOBACCO. I'M CURRENTLY WORKING WITH 5 CHURCHES IN MINNEAPOLIS AND SAINT PAUL WHO HAVE COMMITTED THEIR TIME AND VOICES TO SUPPORTING THIS LIFE SAVING WORK. FOR MORE THAN 60 YEARS. THE TOBACCO INDUSTRY HAS DELIBERATELY TARGETED BLACK COMMUNITIES, ESPECIALLY KIDS WITH MARKETING FOR MENTHOL CIGARETTES IN THE 1950'S ONLY 5% OF BLACK SMOKERS USE MENTHOL CIGARETTES TODAY. THAT NUMBER IS 85%. THE INDUSTRY HAS TARGETED BLACK AMERICANS TO MAGAZINE ADVERTISING SPONSORSHIP OF COMMUNITY MUSIC EVENTS, FREE SAMPLES OF CIGARETTES, RETAIL PROMOTIONS AND OTHER TACTICS, MENTHOL CIGARETTES CONTINUE TO BE HEAVILY ADVERTISED WIDELY AVAILABLE AND PRICE CHEAPER IN BLACK COMMUNITIES, MAKING THEM ESPECIALLY APPEALING TO PRICE-SENSITIVE YOUTH.

I'VE SEEN THE HORRIBLE CONSEQUENCES OF TOBACCO ADDICTION AFFECT MY FAMILY. TOBACCO ADDICTION HAS COST ME THE LIFE OF MY MOTHER, A HUSBAND AND 3 ON CE SMOKED MENTHOL CIGARETTES. LOSS OF LIFE OR MENTHOL TOBACCO USE IN IS PREVALENT MY COMMUNITY BECAUSE OF THE RELENTLESS TARGETING OF BLACK AMERICANS. WE SUFFER FROM CADET FROM TOBACCO RELATED DISEASES AT VERY HIGH RATES. AND THAT IS RACES THROUGHOUT HISTORY. BLACK LIVES HAS BEEN INDISPENSABLE UNTIL WE VALUE ALL AS WE WILL NEVER ACHIEVE RACIAL RACIAL AND HEALTH EQUITY FOR THEM. IT HAS TO DO WITH POWER AND PROFITS FOR US. IT IS A MATTER OF LIFE AND DEATH. IT'S TIME TO STOP PUTTING PROFITS OVER LIES AND PUT LIVES ABOUT PROFITS, MINNESOTA. LET'S BE A LEADER IN PROCLAIMING THAT ALL LIVES MATTER AND TAKE THIS POWER TO POWERFUL ADDICTIVE TOOL AWAY FROM THE TOBACCO INDUSTRY. PLEASE VOTE YES TO IN THE SALE OF ALL FLAVORED TOBACCO PRODUCTS TO MINNESOTA. THANK YOU. THANK YOU. THANK YOU. MISS. APPRECIATE YOUR TESTIMONY. NOW WE WILL MOVE TO. WE SEVERAL TESTIFIERS COMING TO US BY WAY OF ZOOM. >> FIRST, WE WILL GO TO DOCTOR BRAND OR COLA. >> AND HE IF YOU PLEASE STATE YOUR NAME FOR THE RECORD AND BEGIN YOUR TESTIMONY.

WE'RE ASKING AND I FORGOT TO MENTION THOSE. WE WOULD LIKE TO KEEP PEOPLE TO TO ABOUT 2 MINUTES FOR YOUR TESTIMONY. THANK YOU. AND WELCOME TO THE COMMITTEE. >> THANK CAN YOU HEAR ME? OKAY? YEAH. YES. WE CAN. WONDERFUL. GOOD MORNING. MADAM CHAIR COMMITTEE WANTED TO THANK YOU FOR GIVING ME THE OPPORTUNITY TO SHARE SOME INFORMATION ABOUT SF. 21. 23, MY NAME IS DOCTOR. BRIAN ARE UP A LOT. AND I'M THE DIRECTOR OF REGULATORY SCIENCE AT SWEDISH MATCH NORTH AMERICA WHERE OUR VISION IS A WORLD WITHOUT CIGARETTES.

I DID PHD IN NEUROBIOLOGY AND PRIOR TO JOINING SWEDISH MATCH. I WAS THE TALKS CALLED JUST THAT FOOD AND DRUG ADMINISTRATION CENTER FOR TOBACCO PRODUCTS. WELL, I WAS RESPONSIBLE FOR DEVELOPING RIGOROUS SCIENTIFIC INFORMATION ABOUT NICOTINE IN TOBACCO PRODUCTS IN ORDER TO WRITE REGULATIONS AND DETERMINE WHICH PRODUCTS WERE ALLOWED TO GO TO MARKET. I THINK IT'S REALLY IMPORTANT TO CONSIDER THE ENVIRONMENT IN SEP. 21 23 IS BEING INTRODUCED FIRST. THE FDA AND CDC DATA INDICATES THAT YOUTH USAGE OF TOBACCO AND NICOTINE PRODUCTS ARE AT HISTORIC LOWS. THIS IS DUE IN PART TO FDA'S REGULATION OF TOBACCO PRODUCTS AND DENYING OR ALLOWING PRODUCTS TO TO GET MARKETING AUTHORIZATION AS WELL AS THE INCREASE IN THE FEDERAL PAGE FOR APPROACH IS BEING RAISED TO 21 YEARS OLD. HOWEVER, THE CDC ESTIMATES THAT THERE ARE STILL ABOUT 600,000 ADULT MINNESOTAN TO UP PUTTING THEMSELVES AT GREAT GREATLY ELEVATED RISK FOR DISEASE AND EVEN DEATH. A BAN ON FLAVORED TOBACCO PRODUCTS WOULD NOT ONLY TONIGHT THESE PEOPLE WHO SMOKE THE FREEDOM TO CHOOSE A REDUCED RISK ALTERNATIVE THAT COULD BE BEST FOR THEIR HELP BUT COULD DRIVE MANY OF THE HUNDREDS OF THOUSANDS WHO HAVE ALREADY SWITCHED TO REDUCE FOR ITS PRODUCTS.

BACK TO SMOKING, FOR THE FDA DETERMINED THAT OUR GENERALS NEWS PRODUCTS, INCLUDING OUR FLAVORED ORAL PRODUCTS ARE APPROPRIATE FOR THE PROTECTION OF PUBLIC CUP DUE TO THE REDUCED TOXICITY IN THE LOW LIKELIHOOD THAT NON USERS, INCLUDING ARE LIKELY TO START USING THE AGENCY EVEN ALLOWS US TO INFORM CONSUMERS THAT SWITCHING TO THESE FLAVORED TOBCO PRODUCTS REDUCES ONE'S RISK OF CANCER, CARDIOVASCULAR DISEASE AND RESPIRATORY DISEASE SAID 21 23 WOULD REMOVE THESE FEDERALLY VENTED PRODUCTS FROM THE MARKET. I JUST WANTED TO ADD THAT AS A AS A PROUD MEMBER OF THE LGBT PLUS COMMUNITY AND IS SOMEONE WHO LOST HIS BROTHER TO GIVE THEM. BUT AT THE I WOULD LIKE TO COMMEND MINNESOTA ON ITS LEADERSHIP IN HARM REDUCTION, YOU KNOW, HARM REDUCTION BEING APPROACHED PUBLIC HEALTH, WHICH MINIMIZE HIS JUDGMENT AND PUTS PEOPLE FIRST, ITS PEOPLE TO CENTER. I HAVE SOME DIFFICULTY UNDERSTANDING HOW ELIMINATING MAJORITY OF THE TOBACCO HARM REDUCTION PRODUCTS, ADULTS USED TO REDUCE THE RISK AND WE DIDN'T DO CONSUMERS.

THE MOST DANGEROUS OPTION, COMBUSTED CIGARETTES WOULD BE IN LINE WITH THIS APPROACH. I URGE THE COMMITTEE TO REJECT SF. 21 23, ANY UNINTENDED CONSEQUENCES THAT COULD CAUSE. THANK YOU VERY MUCH FOR YOUR TIME. THANK YOU. THANK YOU. FOR TESTIMONY. >> NEXT WEAVE FRANK ORTON. IF YOU CAN, STATE YOUR NAME FOR THE RECORD AND BEGIN YOUR TESTIMONY. WE HAVE A LITTLE BIT OF A TECHNICAL ISSUE, NOT. IT'S NOT ALLOWING US TO UNMUTE MISTER ORTON. TRY THE. LET'S TRY OUR NEXT TEST FOR JOHN O'CONNOR. SEE IF WE CAN GET. THIS RESOLVED AND BE ABLE TO. NOW IT LOOKS LIKE. HE'S A NEW >> HAS GOT TO VERY GOOD ABOUT MY NAME IS ACTUALLY CHOKE ON A JOHNSON.

MY I EMPLOYEE HALLE I'VE DOING THE STUFF FOR A LONG TIME. I'M IN CHARGE OF ALL THE TOBACCO AND CIGARETTE MERCHANDISING FOR ABOUT 500 STORES ACROSS THE MIDWEST. 9 RESIDENT OF STATE OF MINNESOTA. THANKS FOR HAVING ME ON EVERYBODY. WAS THINGS I JUST WANT TO STATE. I'VE BEEN THROUGH THIS A FEW TIMES, WITH MINNEAPOLIS AND SAINT PAUL. BUT BOTTOM LINE IS, WAS LIKE SO CLOSE AND WE DON'T SELL TO SO EVERYBODY TALKS BUT USE GET THIS PRODUCT IN THEIR HANDS. WE DON'T SELL THEM. ANDERSON. YOU KNOW, AS PART OF THE ONGOING AND JUST ACTION REWARDING OF OUR YOUTH PREVENTION IS ONE OF OUR BIGGEST INITIATIVES. AND, IN IF OUR EMPLOYEES SO THE MINERS WERE TERMINATED RIGHT AWAY. ONE ISSUE SO INTO OR SO. WE WERE IN SUPPORT OF THE 21 RESTRICTION AND IN FACT, OUR DATA TELLS US THAT DIDN'T WORK BUT ONCE AGAIN, YOU KNOW, YOU MOVE THAT LEVEL LAW AND THAT DID A LOT TO KEEP HANDS.

19 YEAR-OLDS GIVEN 16 YEAR-OLDS, WE DID TAKE A HIT IN SALES, BUT IT DOES. LOOK, OUR DATA TELLS US THAT WORK OUR COMMUNITIES AND WE TOOK A HIT IN SALES, IT WAS A GOOD MONTH WE'VE EXPERIENCED FULL FLAVOR BANS ON A FEW OF OUR WE'VE SEEN A LOSS OF JOBS. SO WHEN SALES GO DOWN, WE LOSE LABOR WE LOSE A FUEL SALES SO BASICALLY MY DATA BASED ON THE LOSS OF SALES IN MINNEAPOLIS AND SAINT PAUL, THAT WE DO THIS IN THE WHOLE STATE IS GOING TO BE A BIG I KNOW YOU GUYS TO SEE THE AMOUNT OF TAXES WORKING PUT A HOLE IN BUT ONE THING I WANT TO MENTION IS THAT THIS HAPPEN IN MASSACHUSETTS AND OVER 90% OF THE SALES IN MASSACHUSETTS WERE STILL MAINTAIN JUST ANOTHER STATES.

SO IT JUST MOVES. BOTTOM LINE, IT JUST WORKS. CALIFORNIA THAT EXPERIENCE 40% REDUCTION IN SALES. THERE'S BEEN A LARGE INCREASE AND BLACK MARKET, ILLEGAL ACTIVITY VERY LARGE. SO I'D BE HAPPY TO SHARE YOU, MY DAD WITH YOU SPILL SOME THINGS OUT. BUT WE'RE DAD ORIENTED HERE. HOLIDAY. ADDITIONALLY, THIS IS A BIT SELFISH ARE NOT SELFISH, YOU COULD SAY. BUT THIS THIS TYPE OF WAS SHUT DOWN. SEVERAL SMALL GROCERS IN MINNEAPOLIS. SAINT PAUL DICKSON. AND WHEN YOU HAVE NO CUB FOODS, YOU KNOW, WAL-MART IS IT'S GOING TO HAPPEN ALL OVER SO I JUST WANT TO THROW THAT OUT THERE.

THIS IS A TOP ONE. THESE ARE ALL ADULTS AND I THINK I'VE USED UP MY MY 2 MINUTES. IN MINNESOTA WRITES HIGH WHEN IT COMES TO STINGS TO WEAKEN STATEMENTS ARE WE'LL SELL YOU. LOOKS TO ME LIKE A PRETTY BUFF MOVE. AND ASK YOU GUYS, TOO, VOTE NO SAID 21. 23. THANK. THANK YOU. THANK YOU, MISTER CONNOR. >> AND NOW WE WILL FRANK ORTON. IF YOU COULD TRY WE WILL SEE IF WE HAVE AUDIO THIS TIME. MISTER CAN YOU SAY SOMETHING? HE LOOKS LIKE IT LOOKS LIKE UNION, BUT IT'S NOT. BUT THERE'S NO OKAY. >> WHEN YOU SEE IT RIGHT, WE CAN HEAR YOU. >> OH, YES, I CAN. WE COULD HEAR YOU. BUT >> IF HE CAN'T HEAR US TO KNOW TO START CAN YOU HEAR ME NOW AND YES, YES, WE CAN HEAR YOU. OK? I APOLOGIZE FOR ALL THE TECHNICAL DIFFICULTIES. NORMALLY I GET MY FOR SOMETHING LIKE THIS. BUT UNFORTUNATELY, FEE LATE NOTICE SENT OUT A CONSTRUCTION PROJECT. SO BY WAY OF INTRODUCTION, APPRECIATE YOU GUYS HAVE ME ON THIS MORNING. MY NAME IS FRANK ORTON WITH COMPANY.

>> ONE OF A SMALL CHAIN OF CONVENIENCE STORES NORTHERN MINNESOTA, SITE IN NORTH DAKOTA. WE'VE EXPERIENCED A FLAVOR BAN AT A LOCATION OF OURS IN MOREHEAD, MINNESOTA, RIGHT ON THE NORTH DAKOTA THE SALES OF THOSE PRODUCTS HAVE GONE AWAY ONCE THEY'VE BEEN TAKEN AWAY JO CONNER ALLUDED TO THE CORRESPONDING SALES IN TERMS OF GAS SALES PRODUCTS, HILLS, COLD FOOD GOES WITH THOSE CERTAINLY IN. LOCATIONS SUCH AS MOORE HAD PRESCRIBED FOR SURE. BORDER CITIES. THOSE SALES JUST MERELY MIGRATE ACROSS THE AWAY FROM BUSINESSES, A TAX PAYERS, UNEMPLOYMENT AND THAT IS OBVIOUSLY DETRIMENTAL TO OUR OUR BUSINESS AND OUR EMPLOYEES. I GUESS OTHER THING THAT I WOULD YOU KNOW, REALLY SUGGESTION AND EN TO THE COMMITTEE HEARS THE PRODUCTS WERE TALKING ABOUT ARE VERY MAINSTREAM. LONGSTANDING PRODUCTS USED BY. YOU KNOW, MANY ADULTS WERE TALKING ABOUT GRIZZLY WHEN A GREEN ARE NUMBER ONE, SELLING SCHOOL SOME OF THOSE TYPES ITEMS AND IT'S ALL AS A COUCH WITH PROTECTION OF CHILDREN, WHICH, YOU KNOW, JOEL, VERY WELL PUT, YOU KNOW, IF AGE WE HAVE IT.

STATE, FEDERAL AND LOCAL STAINS AS WELL AS OUR OWN INTERNAL STINGS TO SAFEGUARD TO THE U.S.. I JUST THINK WE'RE TAKING A VERY MAINSTREAM PRODUCTS AWAY FROM ALL ADULT USERS THAT ARE CERTAINLY OF A STABLE MIND. BODY MAKE YOUR OWN AT THE SAME TIME, YOU KNOW, FOR WHATEVER REASON THE STATE OF MINNESOTA DOESN'T SEEM TO HAVE ANY OF THE SAME RESERVATIONS OF ALL, YOU KNOW, FLAVORS WITH AND YOU ALL CALL SECTOR WHICH AH, OBVIOUSLY ALSO HAS YOU KNOW, PROPENSITY TO CAUSE ADDICTION ARE IMPLICATIONS AND THE SAME TIME THEY DON'T SEEM TO BE A SURE. AND I KNOW LEGALIZATION OF MARIJUANA SIDE OF THINGS WHICH ALSO HAS YET TO TO TO AFFECT YOUTH ANOTHER USERS OF THAT PRODUCT. YOU KNOW. SO TO ME. IT'S JUST A CONTINUATION OF TRYING TO CHISEL AWAY FROM WHAT WE ALL KNOW TO BE A DETRIMENT OF USERS SAME TIME. THERE'S ALL SORTS OF THINGS AND SOCIETY THAT HAVE THE SAME, DETERMINE WHETHER IT BE MARIJUANA OFF THE HALL. HIGH FAT FOODS, HIGH SUGAR, FOOD, ET CETERA, CETERA. AND SOME POINT. I THINK WE NEED TO ALLOW ADULTS TO MAKE THE DECISIONS, YOU KNOW, THE CONSEQUENCES.

THEY KNOW THE RISK FACTORS. AND YOU KNOW, SO LONG AS WE'RE SAFEGUARDING THE CHILDREN, BUYER PRACTICES IN SOME POINT WE WE CAN'T BE THE NANNY SOCIETY FOR ALL THINGS THAT COULD BE POTENTIALLY BAD, TOO SOUND MIND ADULTS. SO AS SUCH, YOU KNOW, WE WOULD URGE YOU TO NOT VOTE IN FAVOR OF THE FLAVOR BAN STATEWIDE. >> THANK YOU VERY MUCH FOR YOUR TESTIMONY AND THANKS FOR YOUR PATIENCE GETTING THE TECHNICAL DIFFICULTIES WORKED OUT. NOW WE WILL GO BACK TO IN-PERSON TESTIMONY WE HAVE BETHELEHEM HOLLOW WORK. THANK PLEASE. STATE YOUR NAME FOR THE RECORD AND AND PRESENT BEGIN YOUR TESTIMONY. >> GOOD MORNING, MADAM CHAIR AND MEMBERS OF THE COMMITTEE.

MY NAME IS BETHLEHEM HOLLERED AND I AND THE PROGRAM MANAGER OF THE HEALTH POLICY ADVOCACY DEPARTMENT AT NORTH POINT HEALTH AND WELLNESS CENTER. I'M HERE TODAY IN PLACE OF MOHAMMED WHO'S A PRE-MED STUDENT AT CONCORDIA MOREHEAD, WHO HAD INTENDED TO TESTIFY IN SUPPORT OF THIS BILL. BUT UNFORTUNATELY HAD A CONFLICTING EXAM. WHILE NO LONGER A STUDENT. I HAVE BEEN WORKING ALONGSIDE MANY AMAZING YOUNG PEOPLE OVER THE PAST 5 YEARS TO PREVENT YOUTH TOBACCO USE AND PUSH BACK AGAINST THE TOBACCO INDUSTRY TARGETING I FULLY SUPPORT EFFORTS TO END THE SALE OF ALL FLAVORED TOBACCO IN OUR STATE. I'VE SEEN THE IMPACT THAT 2 PRODUCTS IN PARTICULAR E-CIGARETTES AND HOOKAH HAVE HAD ON MY FRIENDS AND LOVED ONES. MANY YOUNG PEOPLE WRONGFULLY PERCEIVE USING E-CIGARETTES OR WHO SOMEHOW SAFER THAN SMOKING CIGARETTES. THIS IS JUST NOT TRUE, BUT THAT'S BUT THIS HAS RECEIVED A LOT OF MISLEADING INFORMATION ABOUT THESE PRODUCTS FROM THE TOBACCO INDUSTRY.

THE TRUTH IS THAT THESE PRODUCTS HAVE A MEN'S HEALTH IMPACTS, INCLUDING NICOTINE ADDICTION. WE KNOW THAT NO AMOUNT OF NICOTINE IS SAFE THE YOUNG DEVELOPING BRAIN AND BOTH E-CIGARETTES AND CAN DELIVER MASSIVE AMOUNTS OF NICOTINE. SOME OF THE NEWER DISPOSABLE VAPING DEVICES CAN HAVE THE EQUIVALENT NICOTINE CONTAINED IN UP TO 35 PACKS OF CIGARETTES AND TEENS ARE MORE LIKELY TO BEGIN SMOKING CONVENTIONAL CIGARETTES ONCE THEY'VE STARTED USING E-CIGARETTES CUP. SO WHAT MAKES E-CIGARETTES AND ALL TOBACCO PRODUCTS APPEALING. AND THE ANSWER IS SIMPLE. IT'S THE FLAVORS. 75% OF MINNESOTA'S 8TH AND 11TH GRADERS WHO USE TOBACCO REPORT USING A FLAVORED PRODUCT. THE TOBACCO INDUSTRY HAS LONG USED FLAVORS TO ENTICE NEW USERS AND BOTH E-CIGARETTES AND WHO COME IN A WIDE ARRAY OF CREEK KID. FRIENDLY FLAVORS. LIKE BUBBLE GUM COLA BLUEBERRY STRAWBERRY CREAM AND COTTON CANDY. SOME MAY ASSUME THAT WE NEED TO ACCEPT FLAVORED BECAUSE IT IS CULTURALLY IMPORTANT TO THE EAST AFRICAN COMMUNITIES HERE IN MINNESOTA.

AS A MEMBER OF THIS COMMUNITY, I WANT YOU TO KNOW THAT IS NOT UNIQUE TO ANY CULTURE. OUR COMMUNITY, BUT IT IS BECOMING INCREASINGLY COMMON AMONG YOUNG PEOPLE FROM MANY DIFFERENT BACKGROUNDS. AND MOST OF THESE YOUNG PEOPLE ARE NOT USING FOR CULTURAL REASONS. THE POLICY BEFORE YOU COVERS ALL PRODUCTS IN FLAVORS, WHICH IS IMPORTANT, TOO, WHICH IS IMPORTANT. SO COMMUNITIES, INCLUDING THE ONES THAT WE SERVE AT NORTHPOINTE DON'T GET LEFT BEHIND. THANK YOU. THANK YOU VERY MUCH FOR YOUR TESTIMONY. AND I LIKE TO CALL SEE NICK PHELPS. >> TRY AND AND I MIGHT COULD BE GETTING THAT RIGHT. IF YOU COULD COME UP AND IS IT YOUR TESTIMONY? THANK YOU ALL ARE WELCOME TO THE COMMITTEE AND PLEASE STATE YOUR NAME FOR THE RECORD. AND I MY NAME IS NICK PHELPS. >> I'M THE OWNER OF PREMIER VAPING IN RAMSEY, MINNESOTA. I'VE BEEN WORKING IN THIS INDUSTRY FOR THE LAST 12 YEARS. AND I HAVE HELPED TENS OF THOUSANDS OF PEOPLE SUCCESSFULLY QUIT SMOKING AND VAPING ALTOGETHER. AT OUR STORE, WE HAVE VARYING NICOTINE STRENGTHS TO HELP OUR CUSTOMERS EVENTUALLY QUIT NICOTINE ALTOGETHER, WE HAVE A SYSTEM THAT ALLOWS THEM TO LOWER THEIR NICOTINE STRENGTH UNTIL THEY EVENTUALLY QUIT CIGARETTES HAVE NO SUCH THAT.

CHARTS ARE SHOWING RIGHT NOW. BUT YOU CIGARETTE USE AND VAPING USE IS TRENDING DOWNWARD. IF WE MAKE A DRASTIC CHANGE LIKE A FLAVOR BAN, THIS COULD SON THOSE NUMBERS BACK THROUGH THE ROOF. BY DOWNING FLAVORS WOULD ALSO SEND MY CUSTOMERS BACK INTO THE HANDS OF BIG TOBACCO. AND BACK TO A MUCH MORE DANGEROUS HABIT. THESE BOUNDS REMOVE ALL ACCOUNTABILITY ON THE PEOPLE WHO PROVIDE THESE PRODUCTS TO UNDERAGE PEOPLE. WHICH IN MY TIME OF BEING A STORE OWNER, I HAVE WITNESSED MANY PARENTS OPENLY ADMIT THAT THEY'RE PROVIDING THEM TO THEIR UNDERAGE ADULT OR TEENAGER. THESE PARENTS WOULDN'T HAVE THE NERVE TO STEP FORWARD HERE TODAY. AND TELL YOU THAT THEY WERE THE ONES THAT ARE PROVIDING THOSE PRODUCTS FOR THEM, THAT IT'S A PROBLEM THAT I DEAL WITH DAILY. I CAN ONLY DO SO MUCH. BUT WHEN WHAT I I FEEL THIS IS HAPPENING.

I DO REPORTED TO THE LOCAL POLICE. THE PEOPLE USING THESE PRODUCTS UNDER AGE ARE BREAKING THE LAW AND THEY ALSO SHOULD BE HELD ACCOUNTABLE. I HAVE SEEN AL KAHALA MOUNTAIN DEW BEING SOLD LIQUOR STORES, WHICH MANY OF THE YOUTH AND TEENAGERS ARE ALREADY CONSUME. IT. I HAVE YET TO HEAR ANY OUTCRY OF THIS APPEALING TO THE YOUTH FOR CHILDREN, WHICH IS ABSOLUTE HYPOCRISY. WHY DO ADULTS ADD CREAM OR TO THEIR COFFEE? YOU DON'T USUALLY SEE TEENAGERS BUYING THE CREAMER. I THINK THAT THE GROCERY STORE, MAINLY ITS ADULTS. IT'S BECAUSE ADULTS LIKE FLAVORS. HE ENDS THE YOUTH AND UNDERAGE ADULTS ARE BEING USED AS A SHIELD TO JUSTIFY PUSHING THIS BOUND FOR FLAVORS IF WE'RE ACTUALLY TRYING TO STOP THIS FROM HAPPENING, WHY ARE WE NOT INSTEAD INCREASING PUNISHMENTS ON THOSE WHO ARE PROVIDING THESE PRODUCTS TO MINORS? I HAVE PASSED ALL OF MY COMPLIANCE CHECKS. I HAVE DONE EVERYTHING CORRECTLY. I'M NOT PART OF THE PROBLEM AND SOUTHERN DESTROYING EVERYTHING THAT I AND MANY OTHERS HAVE BUILT.

LET'S ADDRESS THE ROOT OF THE PROBLEM AND FOCUS OUR EFFORTS WHERE THEY WILL ACTUALLY MAKE A CHANGE. THANK YOU VERY MUCH FOR YOUR TESTIMONY. >> AND NOW I'M BRIAN STATE YOUR NAME, PERHAPS A E-MAIL. THAT ADAM SCHERR, VICE CHAIR FELLOW COMMITTEE MEMBERS. I APPRECIATE YOUR TIME THIS MORNING. MY NAME IS BRIAN I'M THE PRESIDENT OF A COMPANY BASED HERE OUT OF MINNEAPOLIS, MINNESOTA CALLED TURNING LEAF.

WE CONSIDER OURSELVES A VERY RESPONSIBLE RETAILER AND I'VE WORKED ON THE FRONT LINES IN THIS INDUSTRY FOR I THINK NEXT WEEK, SEXUAL MY 9 YEAR ANNIVERSARY. SO I'VE WORKED WITH THE COMPANY IN VARIOUS CAPACITIES FROM A PART-TIME SALES ASSOCIATE WORKING, YOU KNOW, FACE TO FACE WITH A LOT OF THE CUSTOMERS AND THE ADULTS THAT WE ARE CONSIDERING A MAJOR DECISION THAT WILL IMPACT THEIR DAY TO DAY. THE REASON I'VE STUCK WITH IT FOR 9 YEARS IS BECAUSE OF THE IMPACT AND CHANGE AND BENEFIT BUT OPERATING THIS BUSINESS HAS HAD TO ADULT CONSUMERS WE AS AS MY ASSOCIATE. NICK HARRIS SAID WITHIN OUR STORES HAVE A VERY STRICT AND RICHARD POLICY EXPECTATIONS ON EVALUATING ASSESSING THE AGE OF PURCHASERS IN OUR STORES. I THINK TODAY THROUGH THE BETTER PART OF ALMOST 10 YEARS OF OPERATION ACROSS 9 TOTAL. OUR EXCUSE ME, 10 TOTAL STORES THROUGHOUT THE MIDWEST, 4 OF WHICH HERE IN MINNESOTA, I BELIEVE WE HAVE HAD A ONLY ONE.

FAILED COMPLIANCE TRUCK MEASURES WERE TAKEN AT THAT POINT TO PUT MORE STRICTER EXPECTATIONS IN PLACE LIKE ID VERIFICATION SCANNERS AS WELL AS BLUE LIGHTS, SCANNERS TO ALSO DETECT FOR FAKE IDS. I WOULD YOU KNOW, REITERATE NICK HARRIS SAID IN THAT. A LOT OF OTHER RETAILERS HAVE AS AS A RESPONSIBLE RETAILER, WE ARE IN FACT, NOT THE PROBLEM. I'M A NUMBERS GUY. AND I'D LIKE TO SHARE WITH YOU A FEW IMPORTANT DATA POINTS FROM SOME OF THE INFORMATION WE HAVE ON OUR MINNESOTA CUSTOMERS. I'M JUST USING LAST YEAR'S NUMBERS ALONE, CATERING TO A LITTLE OVER 45,000 INDIVIDUALS THROUGHOUT THE CALENDAR YEAR 2022. OVER 74,200 BOTTLES ARE UNITS OF LIQUID IS WHAT WE SOLD TO THOSE CUSTOMERS OF WHICH ONLY 2,570, WE'RE AN ACTUAL TOBACCO FLAVOR OF THE 100% OF 21 PLUS INDIVIDUALS THAT WE SELL TO 96.5% OF THE FLAVORS THAT THEY CHOOSE ARE NOT TOBACCO.

WHEN WE TALK ABOUT FLAVORS, YOU OFTENTIMES HEAR THINGS LIKE SOUR GUMMY BEAR COTTON CANDY. IT IS TRUE THAT THOSE THINGS DO EXIST. HOWEVER, WHEN YOU LOOK AT THE LIST OF OUR TOP SELLING FLAVORS, YOU ARE ACTUALLY FINDING VERY BASIC STRAIGHTFORWARD BLACK CHERRY, PERHAPS WATERMELON. STRAWBERRY THINGS THAT I'M SURE ALL OF YOU WOULD HAVE A A BASIC FLAVOR IN YOUR ESTABLISHMENT OR HOME AS WELL. I KNOW I'M A BIT OVER TIME HERE, BUT NO POINT BEING AND LOOKING AT THE NUMBERS, IT CERTAINLY IS A VALUABLE FOR ADULT CONSUMERS AGAIN. 21 PLUS INDIVIDUALS TO HAVE ACCESS TO THESE PRODUCTS. IT IS PROVEN OVER TIME AND WE'VE SEEN IN OVER 10 YEARS OF OPERATION THAT THESE FLAVORS TO HELP PEOPLE BECOME AND STAY SMOKE FREE.

AND AGAIN, I WOULD URGE YOU SENATE FILE. 21. 23 AND THANK YOU FOR YOUR TIME. THANK YOU. THANK YOU FOR YOUR TESTIMONY. >> AND THE LAST PERSON WE HAVE CONE. FROM THE AMERICAN LUNG ASSOCIATION. WELCOME TO THE COMMITTEE. PLEASE STATE YOUR NAME FOR THE RECORD AND I GOOD MORNING. MY NAME IS PATRICK CONE. I'M SENIOR DIRECTOR. >> FOR THE AMERICAN LUNG ASSOCIATION FOR PUBLIC POLICY. I'M HERE TO TELL YOU THAT MINNESOTANS SUPPORT THIS PROPOSAL, A RECENT SCIENTIFIC POLL FOUND THAT 62% OF MINNESOTA RESIDENT SUPPORT PROHIBITING THE SALE OF ALL FLAVORED TOBACCO PRODUCTS.

THE POLL FOUND STRONG SUPPORT ACROSS THE POLITICAL GEOGRAPHIC DEMOGRAPHIC LINES. AND IN FACT, SUPPORT WAS EVEN GREATER AMONG AFRICAN-AMERICANS AND RURAL RESIDENTS. WE ALSO WANTED TO UNDERSTAND IF SUPPORT WAS DIFFERENT IN A GROWING SUBURB THAT CURRENTLY DOES NOT HAVE A LOCAL POLICY. SO WE TOOK A LITTLE DEEPER DIVE INTO MAPLE GROVE AND CHAMPLIN AREA. AND WE LEARNED THAT SUPPORT. AS THE SUBURBS ARE GROWING SUPPORT IS GROWING THAT IT WAS EVEN STRONGER THERE THAN THE STATEWIDE AVERAGE. THIS PROPOSAL IS NOT A NEW CONCEPT. 28 COMMUNITIES ACROSS OUR STATE, INCLUDING MOREHEAD, TRAVERSE COUNTY, BENTON COUNTY, DULUTH, BLOOMINGTON, HAVE PASS POLICIES THAT RESTRICT OR PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS. IN FACT, MORE THAN A QUARTER OF THE STATE IS ALREADY COVERED BY A SIMILAR POLICY. IT TAKES TIME. IT'S IT'S TIME TO TAKE THIS STATEWIDE LIKE WE DID IN 2007 FOR THE CLEAN INDOOR AIR ACT. AND LIKE MANY OF THE OPPOSITION TESTIMONIES TALKING POINTS FOR THE SAME TALKING POINTS ABOUT CLEAN AIR. WE'RE GOING TO LOSE MONEY. WE'RE GOING TO GO OUT OF BUSINESS. PEOPLE WON'T COME.

THAT WAS THE RIGHT DECISION. THEN AND JUST LIKE THIS ISSUE, THIS IS THE RIGHT STEP. NOW. ANOTHER POINT I WANT TO MAKE IS THAT SMOKING AND THE VAPING INDUSTRY, WHICH IS NOW PRACTICALLY ONE IN THE SAME. >> HAD AND HAS HAD THE ONGOING OPPORTUNITY. >> TO HAVE THEIR PRODUCTS GO THROUGH THE FDA PROCESS OF BEING APPROVED AS CESSATION PRODUCTS. THEY TOOK THE FDA TO COURT SAYING THEY WERE NOT CESSATION PRODUCTS.

THEY WERE TOBACCO PRODUCTS AND THEY WON THAT COURT CASE. IT IS UNCONSCIONABLE THAT THEY COMING TO COURT AND SAY WE'RE NOT A CESSATION PRODUCT AND THEY SIT IN THE LEGISLATURE AND TELL US THAT THEY'RE A CESSATION PRODUCT. YOU CAN'T HAVE IT BOTH WAYS. THE BOTTOM LINE IS FLAVORS ARE DRIVING THE STATE YOUTH EPIDEMIC. THESE ENTICING FLAVORS ALONG WITH THE NEW MORE POWERFUL DELIVERY DEVICES HAVE PROVIDED A HIGH DOSE OF NICOTINE ADDICTS. TEEN OUR YOUTH AT RATES. WE'VE NEVER SEEN. THIS IS MY 46 YEAR WORKING FOR THE LONG ASSOCIATION ON REDUCING THE HARM FROM TOBACCO.

I'VE NEVER SEEN YOUTH ADDICTED AT THE RATE. I SEE THEM NOW. SADLY, THE NUMBERS ARE EVEN MORE STAGGERING FOR YOUTH CHANT WITH MENTAL HEALTH CHALLENGES SUCH AS STRESS, ANXIETY AND DEPRESSION. IT'S TIME TAKE THE RIGHT STEP. IT'S TIME TO PROHIBIT THE SALE OF ALL FLAVORED TOBACCO PRODUCTS. THANK YOU. MADAM CHAIR. THANK YOU. THANK YOU FOR YOUR TESTIMONY. AND THAT IS ALL OF THE TEST FIRES THAT WE HAVE >> TODAY, DO YOU HAVE ANY QUESTIONS OR I SENATOR MORRISON. THANK YOU, MADAM CHAIR AND THANK YOU, SENATOR CHAMPION FOR BRINGING THIS REALLY IMPORTANT BILL FORWARD. >> I JUST HAD A BRIEF QUESTION. ARE WE ABLE TO KNOW THAT? I'M SURE MANY OF THE TESTIFIERS WHO OPPOSE THIS BILL ARE PAID BY THE INDUSTRY. >> I DO NOT THINK WE CAN REQUEST THAT INFORMATION. WE WE HAVE PEOPLE SIGN UP.

THEY TELL US, YOU KNOW, THEIR BACKGROUND OR WHAT EMPLOYER IS. BUT I I DON'T HAVE THAT INFORMATION. THANK YOU, MADAM CHAIR. JUST THINK THAT'S SOMETHING TO BEAR IN MIND AS WE GO FORWARD. THANK YOU. OTHER MEMBERS QUESTIONS. SENATOR SAY. THANK YOU, MADAM CHAIR AND I HAVE SHARED THIS WITH THE >> SENATOR CHAMPION AND OTHERS INVOLVED TO MY NAME IS ON THE BILL. BUT I HAD REQUESTED TO BE PULLED OFF LAST WEEK. DO TOO. THESE OFF WE HAD BECAUSE OF THE IT. I THINK IT DOESN'T HAPPEN UNTIL WE GO TO THE FLOOR TODAY. SO BUT I'M NOT A. KAWHI THROUGH ANYMORE FOR VARIOUS REASONS. WE A LOT OF THINGS. THERE'S NO ONE THAT. YOU KNOW, AS A NON TOBACCO USE TOTALLY AGAINST THE USE OF IT. BUT WHEN WE LOOK AT THE WHAT IT DOES TO OUR I THINK WE NEED TO. I DON'T KNOW HOW WE ADDRESS THIS, BUT I AT THIS POINT THAT THE BILL DOESN'T DO IT FOR ME BECAUSE EVEN FOR MORE ICE, IT ICE IS BACK HOME.

I SEE THE NUMBER OF PEOPLE WHO TRAVEL ACROSS THE BORDER, WHICH IS 90 MILES AWAY, TOO. PURCHASE OR TOBACCO PRODUCTS. THE UNFORTUNATE THING IS THAT THEY PURCHASED ALL THE REST OF THEIR PRODUCTS AND IT IT HURTS OR SMALL COMMUNITIES ALL AROUND THIS. THE STATE AND SO FROM THAT, I THINK WILL HOWEVER, WE ADDRESS THIS IN THE FUTURE, IT'S GOING TO TAKE A MORE BECAUSE, WELL, AGAIN, WE'RE GOING TO QUIT CREATE WINNERS AND LOSERS AND THAT. BUT THIS TIME, I DON'T THINK IT'S THE RIGHT TIME TO DO IT. THANK OTHER MEMBERS WITH QUESTIONS. >> SENATOR WAS KEY. >> THANK YOU, MADAM CHAIR, MADAM CHAIR. I HAVE A QUESTION FOR THE OUT >> DOES THIS BILL PROHIBIT SALES ON TRAVEL OR ON RESERVATION. PROPERTY. >> IS THAT EACH YEAR THE GREAT SENATOR? THE ANSWER FROM MY STANDPOINT IS NO, BECAUSE AS RESERVATIONS AT OUR SOVEREIGN. AND SO THAT THAT'S DIFFERENT. SKI. AND THEN TO THAT MY DISTRICT IS JUST SOUTH OF A MYSTIC LAKE.

IT'S JUST A LITTLE BIT WEST OF >> TREASURE ISLAND. I CAN SEE A LOT OF PEOPLE IN MY DISTRICT GOING TO THOSE LOCATIONS FOR PURCHASE. BUT I ALSO LIVE ONLY ABOUT 90 MINUTES NORTH OF OTHER THINGS THAT GENERALLY WE'VE TALKED ABOUT AS SPORTS BETTING A IT'S THE SAME SITUATION. I CAN SEE PEOPLE JUST DRIVING DOWN TO IOWA RIGHT ACROSS THE BORDER AND PURCHASING THE PRODUCTS THAT THEY'RE STILL LOOKING FOR.

AND THIS TIME THAT'S KIND OF MY CONCERN IS THAT WE'RE REALLY JUST MOVING MOVING THE ISSUE ACROSS BORDER OR THINGS OF THAT NATURE. >> THANK YOU. MADAM SENATOR CHAMPION A COUPLE THINGS THAT I WANT TO SAY. ONE IS RESTRICTING MENTHOL CIGARETTES. AND I'M REALLY HERE, TOO, BECAUSE THERE'S A NOTE THAT I HAVE RIGHT HERE IS TO ADOPT. ONLY STORES WOULD HAVE LITTLE FINANCIAL IMPACT ON COME CONVENES STORES. ALSO ONE OF THE THINGS THAT THINK IS IMPORTANT BECAUSE WE TALKED ABOUT THE COSTS AND I KNOW THAT. SEND A KEY TALK ABOUT HE IS NO LONGER A COAUTHOR INVESTOR. AND HE WAS VERY KIND TO TALK TO ME ABOUT THAT AND ALSO EXTENDED THE OPTION FOR US TO CONTINUE TO TALK BECAUSE I WAS THINK TALKING IS IMPORTANT. AND AS YOU SAW THE SHAKING THE HANDS OF THOSE WHO AGREE WITH ME AND THOSE AND DISAGREE WITH ME BECAUSE I THINK THAT'S IMPORTANT.

BUT I THINK IT'S ALSO CLEAR THAT THE THAT THAT WE KNOW THAT THE ESTIMATED COST OF THE MENTHOL RESTRICTION IN MINNESOTA IS SMALL COMPARED TO HARMFUL EFFECTS OF MEN THOUGHT TOBACCO. AND THAT'S IMPORTANT. WE CAN TALK ABOUT THE HARM TO SMALL BUSINESSES AND WE DON'T WANT ANY BUSINESS TO BEHIND. BUT WE ALSO HAVE TO DO WAS IN IT. THAT'S GOOD FOR THE PUBLIC AND OUR YOUNG PEOPLE.

AND WHAT'S THE VALUE THEIR LIFE? I REALLY HATE TO PUT IT THAT WAY BECAUSE I'M NOT TRYING TO MAKE THIS, YOU KNOW, MORE COMPLICATED THAN WHAT IT IS. BUT WHEN WE COUNT UP THE COST AND MAKE THAT CALCULATION JUST INCLUDE IN YOUR ANALYSIS. COUNT THE COST OF A YOUNG PERSON'S LIFE. THANK SENATOR. COULD PICK. THANK YOU, MADAM AND I AM STILL SIGNED ON TO THIS BILL. >> AS MOREHEAD, AS WE'VE HEARD REFERENCE HERE TODAY, WHICH IS THE AREA THAT I REPRESENT PAST. THIS IS SO I'VE SAT AND WATCHED MY CITY COUNCIL GRAPE WITH ALL OF THESE ISSUES. OBVIOUSLY WE ARE RIGHT NEXT TO FARGO, NORTH DAKOTA. AND SO THIS WAS A LARGE CONCERN IN OUR COMMUNITY BEFORE THEY PASSED. THIS IS A CITY ORDINANCE. AND LAST NIGHT I DID GO BACK AND CHECK LIKE LANGUAGE IN THIS BILL LOOKS VERY SIMILAR TO THE EXACT SAME ORDINANCE THAT WE PASSED IN THE CITY OF MOREHEAD. AND SO THAT WAS A CONCERN ABOUT THOSE SMALL BUSINESSES LOSING THAT.

AND OBVIOUSLY, EVERY TIME WE WE DO SOMETHING IN MINNESOTA OR IN MOREHEAD. OUR NEIGHBORS TO THE WEST, 10 TO NOT HAVE NEARLY AS MANY REGULATIONS AS WE DO. THERE'S REASONS WHY WE DO THAT. I THINK ON THE MINNESOTA SIDE OF THE BORDER AND AS I WATCH MY CITY COUNCIL GRAPPLE WITH THIS ISSUE, THE DECISION THAT THEY CAME TO WAS THAT THESE PRODUCTS WERE REALLY BEING SPECIFICALLY THE FLAVORS STUFF WAS REALLY BEING TARGETED TOWARDS CHILDREN. AND THEY THOUGHT. THERE MIGHT BE SOME LOSSES, SOME SMALL BUSINESSES, BUT IT IS OUR PREROGATIVE THAT WE WILL STEP OUT AND WE WILL. WE WILL MAKE THAT STANCE AND PROTECT OUR CHILDREN. AND THAT IS THAT'S WHERE WE WANT TO BE AS A COMMUNITY.

AND SO THAT'S WHY MORE AND TOOK THAT STEP. AND THAT'S WHY I ALSO SIGNED ON TO SENATOR CHAMPIONS BILL, SO THAT THAT'S A LITTLE PERSPECTIVE, AT LEAST FROM THAT SIDE OF THE BORDER. THANK YOU. MADAM CHAIR. >> THANK YOU. SENATOR WHISKEY. I'M SORRY. MEAN TO CUT. YOU KNOW. THAT'S THANK YOU. MADAM CHAIR. I I WASN'T REALLY SPEAKING TO THE SMALL BUSINESS YOU KNOW, I WAS I ARE TALKING ABOUT. >> THE FACT THAT WE'RE JUST MOVING WHERE THEY'RE GOING TO GET THE I I AS A HEALTH CARE PROVIDER HAVE ON MY INITIAL INTAKE FORMS. THE QUESTION OF DO USE TOBACCO, USE ALCOHOL. WE GO THROUGH THESE DISCUSSIONS AND CHILDREN, AGES FROM 12 TO 18 AT THIS POINT.

I ASKED HIM THE SAME QUESTION AND A LOT YEAH, THEY LAUGH. AND I THINK IT'S A SILLY QUESTION BECAUSE, OF COURSE, THEIR ANSWERS GENERALLY KNOW. BUT I DO HAVE THAT ONE TO 5, MAYBE EVEN 10%, DEPENDING ON THE MONTH, THE YEAR WHERE WE'RE AT THAT ANSWER THE QUESTION. YES, I'M THE YOUNGEST PERSON I'VE EVER HAD AS A AS A 12 YEAR-OLD GIRL. HE SAID ANY BY DAD DID LEAVE THE AND THAT'S CONCERNING BECAUSE NOW WE SHE CHANCE OF TELLING ME THAT, YES, SHE DOES ACCESS THESE THESE PRODUCTS.

AND AND IT'S LIKE, OK, WHAT WERE YOU GETTING THEM FROM NOW? MY CONCERN IS SHE IS ADDICTED. SHE DOES HAVE THE ISSUES. WHAT KIND OF DANGERS ARE WE GOING TO PUT HER TO THE PROCESS OF NOW TRYING TO GET ACCESS BECAUSE SHE'S ADDICTED. SHE'S NOT GOING TO QUIT. I HAD THAT DISCUSSION WITH HER AS WELL. AND YOU KNOW, WHAT KIND OF DANGERS ARE WE PUTTING THESE THESE INDIVIDUALS IN AS WELL? SO IT'S IT'S NOT A IT'S NOT ABOUT THE SMALL BUSINESS THAT I'M TRYING TO WORRY ABOUT.

I'M REALLY WORRIED ABOUT THE SAFETY SIDE OF THE EQUATION. >> CENTER HAPPEN. >> THANK YOU, MADAM CHAIR, I APPRECIATE SENATOR CHAMPIONED A BRINGING ALL BILLS FORWARD ONLY NEXT TIME. BRING YOUR KEYBOARD SO WE CAN. I'M GLAD YOU SMILING. AND IT'S INTERESTING. YOU THE CITY CHAMPLIN IN THAT SAME CONVERSATIONS ARE IN THERE AS WELL. WHEN YOU'RE WHEN YOU'RE LOOKING AT THIS. MADAM CHAIR, I GUESS THE QUESTION IS, WHAT'S THE DISPOSITION? IS BILLY LAYING THIS OVER? WHAT ARE YOU DOING WITH THIS? THIS BILL NEEDS TO GO TO STATE AND LOCAL GOVERNMENT AND VETERANS AND THEN I BELIEVE THERE ARE OTHERS BUT DON'T. >> THERE'S POTENTIALLY ONE OR 2 OTHER STOPS. >> SO THERE'S THERE'S THERE'S TIME ALONG THE WAY. THERE'S SOME THERE'S SOME CONCERNS RAISED IN HERE ABOUT 2 THINGS. THERE'S AN INTERSTATE ISSUE THAT THAT THT MINNESOTA WHERE IT ALL TIME LOW FOR SMOKING IN VAPING RATES MEAN THAT'S THAT'S DATA THAT THAT THAT IS OUT THERE.

BUT YET AT THE SAME TIME, IT IS A PUBLIC HEALTH ISSUE SMOKING IN ITSELF. THE ROOT CAUSE OF THAT RIGHT. BUT WHEN YOU START TO MY CONCERN IS WHEN YOU START TO. ISSUES OF THAT, THIS IS GOING TO BE NOW A HIGHER LEVEL. DEGREE OF STANDARD. AND I'M NOT A LAWYER, BUT, YOU KNOW, YOU'RE THE THE FINES OR WHATEVER THAT ARE SITTING THERE. I CAN'T COME UP WITH THE WORD I'M DOING, BUT IT LEAVES ME WITH THIS. ISN'T IT IRONIC THAT HERE IN MINNESOTA WE'RE HAVING A CONVERSATION ABOUT LEGALIZING MARIJUANA. BUT AT THE SAME TIME, YOU KNOW, WE'RE WE'RE ALSO GOING TO STOP. SMOKING ON AND TOBACCO THAT IS FLAVORED. AND I GET THAT. BUT AT THE SAME TIME, YOU'RE SITTING HERE SAYING WHERE WHERE'S THE BALANCED APPROACH TO THIS? RIGHT? YOU JUST DON'T CHANGE PEOPLE'S BEHAVIOR BY JUST SAYING GOING TO PUT FINDS ON TOP OF THAT, RIGHT? IT'S IT'S ABOUT THE EDUCATION SIDE OF IT.

SO I GUESS THE POINT IS IT'S GOING TO HAVE SOME MORE STOPS. AND THAT GIVES YOU SOME OUT AMPLE SENATOR CHAMPION TOO, REALLY TAKE A DEEPER LOOK AT THAT BECAUSE I DO HAVE SOME CONCERNS ABOUT WHAT I JUST LAID OUT THERE AND AND AGAIN, YOU KNOW, WHEN YOU LOOK AT THE BAKER INSTITUTE FOR PUBLIC POLICY, THEY DID A REPORT CALLED VAPING CLEARING THE AIR, WHICH IF YOU LOOK AT KATHERINE, NEIL HARRIS AND WILLIAM MARTIN, THEY THEY BOTH WAR THESE ARE PH D. THESE ARE FOLKS WHO DID THIS. THEY WARNED AGAINST JUST OUTLYING JUST, YOU KNOW, BANNING THE THE SALE OF OF RIGHT. AND SO I JUST COMING TO YOUR THAT IT'S GOT TO HAVE SOME STOPS, THEN THAT I THINK IT IT'S WELL WORTH THAT THERE'S SOME CONCERNS THAT I DO HAVE REGARDING HOW THIS LOOKS IN. IT'S OF ITSELF. SO JUST IF WE CAN GET THAT TO THE POINT, SENATOR CHAMPION, APPRECIATE THAT. SENATOR CHAMPION. >> MADAM CHAIR, SENATOR HOFFMAN, THANK YOU SO MUCH FOR YOU'RE TO SHUN OF YOUR CONCERNS.

AND AS I MENTIONED EARLIER, WILL ALWAYS. ENGAGED IN TALKING. SEE IF THERE'S A WAY TO FIND AGREEMENT SOMETIMES WILL AGREE AND SOMETIMES THAT WE WOULD DISAGREE. AND WE CERTAINLY UNDERSTAND THAT. BUT I THINK IT'S IMPORTANT FOR US TO HAVE A OPEN MIND AND OPEN APPROACH. I'M CERTAINLY GOING TO TAKE A LOOK AT THE RICE UNIVERSITY STUDY THAT, YOU KNOW, TALKED ABOUT BECAUSE I LOVE TO READ NUMBER ONE AND I LOVE TO BE INFORMED. NUMBER 2, WHERE DOES A KNOWLEDGE IS POWER? AND I'D LIKE TO BE POWERFUL CAUSE. I LIKE TO HAVE AND SO THANK YOU FOR THAT INFORMATION. BUT I DO THINK IT'S IMPORTANT FOR US NOT TO LOSE SIGHT OF. THIS BILL IS REALLY ALL ABOUT. AND SO MIGHT TESTIFY. WILL WANT TO TESTIFY ON ONE THING THAT SHE WANTED TO AT LEAST RESPOND TO.

IF THAT'S OK WITH YOU, MADAM CHAIR. >> GO AHEAD WELCOME TO THE COMMITTEE. MISTAKING HIM FOR THE CHAIR. WHAT CLINTON COMMITTEE MEMBERS, MY NAME EMILY. MY I'M THE GOVERNMENT RELATIONS DIRECTOR FOR THE AMERICAN CANCER SOCIETY, CANCER ACTION NETWORK. AND I'M ALSO ONE OF THE OF MINNESOTANS FOR SMOKE-FREE GENERATION. I APPRECIATE THE CONVERSATIONS AND QUESTIONS TODAY. AND I KNOW WE ALL LOOK FORWARD TO CONTINUING THESE CONVERSATIONS AS IT PERTAINS TO THE BORDER ISSUE. TOPIC. THIS IS A COMMON TOBACCO INDUSTRY TALKING POINT. WE'VE HEARD THIS ONE BEFORE, BUT WE DO KNOW FROM STATES THAT PASSED THIS BILL A SIMILAR TYPE OF BELL, MASSACHUSETTS, FOR EXAMPLE. THAT WAS NOT REALLY SEEN MOST BORDER STATES TO NOT SEE AN INCREASE IN TOBACCO SALES.

NEW HAMPSHIRE BRIEFLY SAW AN INCREASE AND MENTHOL CIGARETTES, BUT IT WAS NOT SUSTAINED. AND THE WHOLE POINT OF THIS LEGISLATION IS TO REDUCE THE SALE OF FLAVORED TOBACCO PRODUCTS TO KEEP THESE PRODUCTS OUT OF THE HANDS OF OUR KIDS AND TO HOLD INDUSTRY ACCOUNTABLE FOR TARGETING PEOPLE OF COLOR. LGBTQ FOLKS, KIDS, AMERICAN INDIANS. AND SO THIS IS A PUBLIC HEALTH POLICY. BUT I LOOK FOR TO ONGOING CONVERSATIONS WITH MEMBERS. >> ANY OTHER MEMBER QUESTIONS OR COMMENTS? SENATOR MORRISON. >> THANK YOU. MADAM CHAIR. JUST A BRIEF COMMENT AGAIN, THANKS TO SENATOR CHAMPION AND THANKS TO THE TESTIFIERS, PARTICULARLY THE 2 THAT ARE AT THE TABLE NOW. YOU'VE ALL MADE SOME REALLY IMPORTANT POINTS. I THINK THE POINT NOT WANTING TO GET FDA APPROVAL FOR BEING A DISCONTINUING, A TOBACCO PRODUCT IS RATHER INTERESTING. AND I THINK AND I THINK IT'S WORTH REITERATING THAT THE COST OF TOBACCO AND NICOTINE PRODUCTS TO SOCIETY, TO PEOPLE, TO FAMILIES AND COMMUNITIES IS UNDENIABLE.

AND IT'S ENORMOUS. AND THE FACT THAT THIS INDUSTRY SPECIFICALLY HAS MORPHED INTO TARGETING COMMUNITIES OF COLOR, LOW INCOME COMMUNITIES, THE LGBTQ COMMUNITY AND KIDS IS ALSO AND SO WE NEED TO WE NEED MOVE FORWARD IN A WAY THAT PROTECTS PUBLIC HEALTH. AND THAT'S GOOD FOR THE STATE SO I JUST WANT TO REITERATE MY THANKS. AS A PHYSICIAN, I FEEL VERY STRONGLY ABOUT I'VE TRIED TO DO MY PART FROM A PUBLIC HEALTH STANDPOINT IN TERMS OF MAKING SURE THAT PEOPLE HAVE ACCESS TO TOBACCO, CESSATION TREATMENT I THINK 21 WAS AN IMPORTANT PART OF THIS CONVERSATION IN THIS FIGHT. AND I THINK THAT THIS WILL BE A REALLY POSITIVE DEVELOPMENT AS WE WORK TO TO KEEP MINNESOTA HEALTHY. THANK YOU VERY MUCH. THANK SOME MEMBERS, I DON'T SEE ANY OTHER QUESTIONS. I JUST WANTED TO SAY I THIS IS A POLICY CHANGE THAT I HAVE.

>> BEEN A SUPPORTER OF OVER THE MY TIME IN THE SENATE. AND I HAVE APPRECIATED THAT MY COMMUNITY BILLINGTON WAS ONE THAT THAT EXAMINE IT AND MOVE FORWARD WITH STEPS TO. I'M PREVENTS SALES OF THESE PRODUCTS. AND IN THAT COMMUNITY. BUT I DO THINK IT'S SOMETHING THAT WE NEEDED TO DO ON A STATEWIDE BASIS. AND I DO. I THINK YOU KNOW, THE THE ABILITY FOR US TO TAKE STEPS TRYING TO PREVENT MORE YOUTH FROM BECOMING ADDICTED TO THIS TUNE. A SUBSTANCE WE KNOW IS IS HAZARDOUS. I IT. REALLY BOTHERED ME AS A PERSON WHO IS ON THE SCHOOL BOARD TO SEE THE POPULARITY AND THE INCREASE IN ACCESS THE FLAVORED E-CIGARETTE. E-CIGARETTES BEING USED HIM, YOU KNOW, IN MIDDLE SCHOOL AND HIGH SCHOOL. IT JUST IS REALLY TROUBLING TO SEE THE WORD OR NOT LORD, BUT ATTRACTED TO A PRODUCT THAT COULD LEAD TO SUCH LONG-TERM ISSUES.

SO I SUPPORT AND I APPRECIATE YOUR BRINGING THE BILL FOR IN TODAY. MEMBERS ANY OTHER DISCUSSION OTHERWISE WILL MOVE TO A VOTE. SENATOR MORRISON, WOULD YOU MAKE THE MOTION SENT FILED? 21 23 BE RECOMMENDED TO PASS AND BE REFERRED TO THE COMMITTEE ON STATE AND LOCAL GOVERNMENT AND VETERANS SO MOVED. MADAM CHAIR, THANK MEMBERS. ALL THOSE IN FAVOR. PLEASE SIGNIFY BY SAYING AYE. I ANY OPPOSED NO. THE MOTION DOES THE BILL IS PASSED AND RE REFERRED TO THE COMMITTEE ON AND STATE, LOCAL GOVERNMENT AND VETERANS.

THANK YOU MEMBERS. THANK YOU, SENATOR CHAMPION FOR PRESENTING TO YOU. AND NOW WE WILL MOVE TO SENATE FILE 302, WHICH IS SENATOR MANNSVILLE. SENATOR MAN. WHENEVER YOU'RE READY, PLEASE GO AHEAD AND PRESENT YOUR BILL. >> THANK YOU. MADAM SENATE FILE 302 WILL EXPAND THE USE OF THE ALL PAYERS CLAIMS DATA FOR THE A P C D. WE HAD A VERY GREAT REVIEW OF THE ABCD MISTER GUILD MEISTER. BUT VERY QUICKLY, THE ABCD WAS CREATED BY THE LEGISLATURE IN 2009 TO SEE WHAT WE WERE SPENDING OUR HEALTH CARE DOLLARS ON. IT SHOWS US WHERE WE SPEND OUR MONEY, WHAT HEALTH CARE SERVICES ARE BEING DELIVERED AND HOW THEY'RE BEING PAID FOR. TO WHAT EXTENT THE SERVICES OFFERED ARE AFFORDABLE, HOW EFFICIENT THE SYSTEM IS AND HOW MUCH WASTE IS IN OUR SYSTEM. AMONG OTHER THINGS. CURRENTLY, 17 OTHER STATES ALSO USE A SIMILAR DATABASE. HOWEVER, WE CURRENTLY HAVE SOME HOLES IN OUR DATA COLLECTION, FOR EXAMPLE, MISSING DENTAL HEALTH CARE DATA.

AND ABOUT 50% OF COMMERCIAL THAT IS ALSO MISSING. WE ALSO CURRENTLY ARE MISSING A VERY LARGE PIECE OF THE PIE AND THAT IS VALUE BASED PAYMENTS, WHICH INCLUDES THINGS LIKE INFRASTRUCTURE COST PATIENTS, SUPPORT SERVICES AND PAYMENTS MADE IN REGARDS TO VALUE VERSUS VOLUME OF CARE. AND LAST ALSO MISSION RACIAL DATA WHO THE MONEY IS BEING SPENT ON. SO THIS BILL SIMPLY ADDS THOSE PIECES OF INFORMATION SO THAT WE GET A MORE CLEAR PICTURE OF WHERE OUR HEALTH CARE DOLLARS GO. HEALTH CARE SPENDING IS GROWING FASTER THAN INFLATION. SO WE NEED TO MAKE SURE THAT WE ARE EQUIPPED WITH THE PROPER IN FULL SCOPE OF INFORMATION SO THAT WE CAN PREVENT THE SYSTEM FROM ONE DAY POSSIBLY COLLAPSING ON ITSELF. AND WITH THAT, MADAM CHAIR, WE DO TESTIFIERS TODAY. THANK YOU, SENATOR MEN, DO YOU HAVE? THIS AMENDMENT ONE THAT YOU WOULD LIKE TO ADOPT AND WOULD LIKE TO MOVE. >> ONE. >> AND THAT HAS THAT WAS PASSED EARLIER MEMBERS. SO ALL THOSE IN FAVOR OF THE A ONE AMENDMENT, PLEASE SIGNIFY BY SAYING AYE, AYE, ANY OPPOSED THE AMENDMENT IS ADOPTED.

ANY FURTHER DISCUSSION TO PRENT THE BILL AT THIS TIME OR DO WANT TO MOVE TESTIFY OR BECAUSE THIS VIRUS. AND WE TESTIFIER ONLINE DOCTOR BERNARD. >> WELCOME TO THE COMMITTEE. PLEASE STATE YOUR NAME FOR THE RECORD AND BEGIN YOUR TESTIMONY. >> THANK MADAM CHAIR. MY NAME IS DEATH TO AND I'M A FAMILY PHYSICIAN IN ALEXANDRIA, MINNESOTA. I'M TESTIFYING IN STRONG SUPPORT OF SET 302 ON BEHALF OF THE MINNESOTA ACADEMY OF FAMILY PHYSICIANS, THE LARGEST POSITION, SPECIALTY ORGANIZATION, MINNESOTA, WITH MORE THAN 3100 FAMILY PHYSICIAN, RESIDENT PHYSICIAN IN STUDENT MEMBERS ACROSS THE STATE AS A FAMILY DOCTOR, I HAVE A PASSION FOR PRIMARY CARE AND A CLEAR COMMITMENT TO GROWING VALUE BASED CARE, IMPROVING HEALTH CARE OUTCOMES, AND LEARN HEALTH CARE COSTS OUT TO DO TOO, IS NEEDED TO UPDATE THE ALL PIERS CLUE DO TO THE A P C D AND SHERMAN COLLECTS A COMPLETE PICTURE OF HOW HEALTH CARE IS PAID FOR MINNESOTA.

CURRENTLY, CAN SEE ONLY COLLECTS PAYMENTS THAT ARE FOUND ON AN INSURANCE CLAIM. IT IS MISSING A LARGE PORTION OF PAYMENTS NOT CLAIMS BASED PAYMENTS INCLUDING VALUE-BASED PAYMENTS WHICH ARE GROWING RAPIDLY. INFRASTRUCTURE COSTS, CARE, COORDINATION, OTHER PATIENTS, SUPPORT SERVICES. MINNESOTA'S CD, HAS BEEN AN INVALUABLE TOOL SINCE 2009 TO ANALYZE VARIATIONS AND HEALTH CARE COSTS AND QUALITY AND STUDY HOSPITAL, READMISSIONS AND TRANSFER SPECIFIC CHRONIC CONDITIONS AND MORE. EVERY MINNESOTAN PRIMARY CARE THAT IS ACCESSIBLE, CONTINUOUS COMPLEX AND TEAM BASED NATIONAL AND INTERNATIONAL DUE TO WE SHOWS THE GREATER INVESTMENT IN PRIMARY CARE AND PREVENTION RESULT IN BETTER CARE AND LOWER COSTS. HOWEVER, BEFORE MINNESOTA CAN MOVE FORWARD WITH THAT NEED A CLEARER MORE COMPREHENSIVE PICTURE OF HEALTH CARE SPENDING. OUR STATE. WE NEED TO CAPTURE ALL THE WAYS THAT WITH THAT. WE'RE PAYING FOR HEALTH CARE TO UNDERSTAND HOW TO MAKE OUR HEALTH CARE SYSTEM WORK BEST FOR THE PEOPLE. IT SERVES AND TO ENSURE THAT WE ARE GETTING VALUE FOR HEALTH CARE SPENDING WITHOUT THIS DATA.

HOW DO WE POLICYMAKERS, HEALTH CARE TEAM MEMBERS AND PATIENTS. SO THE MISSION FOR A SYSTEM THAT WORKS FOR ME AND SONGS. SENATE FILE 302. ALSO DIRECTS THE COMMISSIONER TO USE THE UPDATED THE PC DATA. 2 REPORTS, THE LEGISLATURE, THE VOLUME AND DISTRIBUTION OF HEALTH CARE SPENDING WITH A PARTICULAR FOCUS ON VALUE-BASED CARE MODELS AND PRIMARY CARE SPENDING. HE DID FOR PRIMARY CARE, COLLABORATIVE AND WELL-BEING FOUNDATION SHOW THAT INVESTING MORE IN PRIMARY CARE HAS BEEN SHOWN TO LOWER HEALTH CARE COSTS AND RESULT IN HIGHER PATIENT SATISFACTION AND FEWER HOSPITALIZATIONS. EMERGENCY DEPARTMENT VISITS. YEAH, ACCORDING TO THE RECENT WAS SO DEPARTMENT OF HEALTH STUDY CLAIMS ONLY DATA. ONLY 6% OF HEALTH SPENDING GOES TO PRIMARY CARE MEDICINE AT 6%. YEAH, WE NEED A MORE COMPLETE PICTURE OF HEALTH CARE SPENDING IN OUR STATE TO TRULY UNDERSTAND THE NEEDS AND GAPS. SENATE FILE 302, IS CRITICAL TO U.S.. POLICYMAKERS TO KNOW HOW HEALTHCARE'S IS CURRENTLY PAYING FOR MINNESOTA AND HELP INFORM ANY NEXT STEPS IN MAKING OUR HEALTH CARE PAYMENT SYSTEM WORK BEST FOR OUR STATE AND THANK YOU. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK THANK YOU VERY MUCH, DOCTOR, DIFFERENT AIR FOR YOUR TESTIMONY.

>> I BELIEVE THAT'S THE ONLY TEST FOR WE HAVE ON THIS BILL. MEMBERS TO HAVE QUESTIONS OR COMMENTS ABOUT THE BILL. ANY OTHER COMMENTS HE WISHED TO I GUESS JUST SAY THAT I I DO I THIS BRINGING THIS FORWARD. I DO WANT TO SEE US MAKE SURE THAT WE ARE COLLECTING ALL OF YOU KNOW, INFORMATION THAT WE. USE TO HELP US MAKE BETTER DECISIONS YOU KNOW, OUR POLICIES GOING FORWARD AND WHERE WE WE WOULD CHOOSE TO MAKE CHANGES SO THAT WE CAN REDUCE HEALTH CARE COSTS FOR MINNESOTANS. SO I APPRECIATE BRINGING THIS BILL FORWARD TODAY YOU HAVE ANY OTHER COMMENTS. MEMBERS, WE WILL MOVE FORWARD WITH A SENATOR MAN, CAN CAN MAKE THE MOST IN THIS BILL WILL NEED TO GO TO THE JUDICIARY COMMITTEE AND PUBLIC SAFETY JUDICIARY AND PUBLIC SAFETY COMMITTEE.

>> I MOVE THAT THE BILL >> SO SET TO FILE. THESE ARE AS AMENDED BE RECOMMENDED TO PASS AND BE REFERRED TO THE COMMITTEE ON JUDICIARY AND PUBLIC SAFETY. THAT'S THE ONE. I'M SURE. ALL RIGHT. THANK ALL THOSE IN FAVOR. PLEASE SIGNIFY BY SAYING AYE. I ANY OPPOSED. THE MOTION PREVAIL AND THE BILL IS PASSED AND REFERRED TO THE COMMITTEE COMMITTEE ON JUDICIARY AND PUBLIC SAFETY. THANK YOU, SENATOR MAN. AND NOW YOU HAVE A SECOND SENATE FILED 3.28. >> THANK YOU. MANAGER SENT A FILE 3.28. TO INCREASED DRUG PRICING TRANSPARENCY, BUT MOST IMPORTANTLY, ABLE PROHIBIT A PLAN FROM KICKING A PATIENT OFF OF THEIR MEDICATIONS MID YEAR DUE TO A FORMULARY CHANGE DRUG FORMULARIES OR LIST OF MEDICATIONS COVERED BY SPECIFIC HEALTH PLAN. FORMULARIES ARE THE ONLY ASPECT OF A HEALTH PLAN THAT CAN BE CHANGED DURING THE YEAR. ALL OTHER ASPECTS OF THE HEALTH PLAN MUST REMAIN STABLE FROM THE BEGINNING OF THE YEAR. SOME PATIENTS WILL SIGN UP FOR A HEALTH PLAN SPECIFICALLY BECAUSE IT COVERS THEIR MEDICATIONS. FOR WHEELER IS CHANGE FOR SEVERAL REASONS. A NEWER, CHEAPER DRUG ENTERS THE MARKET. SO AN OLDER ONE GETS TAKEN OFF.

THE FORMULARY A DRUG. IT'S A GENERIC SO THAT THE BRAND NAME GETS REMOVED OFF OF THE FORMULARY, HOWEVER, WOULD ALSO OCCURS IS THE EXACT OPPOSITE. A NEW MORE EXPENSIVE DRUG TAKES THE PLACE OF AN OLDER, CHEAPER ONE OR A BRAND NAME DRUG, WHICH IS MORE EXPENSIVE. HE'S PUT IN THE PLACE OF A GENERIC DRUGS COME. THIS CAN OCCUR FOR SEVERAL REASONS, INCLUDING BECAUSE THE PBM OR THE PHARMACY BENEFIT MANAGER MAY GET A LARGER KICKBACK OR REBATE FROM THE MANUFACTURER. WHEN A FORMULARY DOES CHANGE, A PATIENT WILL NO LONGER HAVE ACCESS TO THEIR MEDICATION. PATIENTS WILL HAVE TO SEE THEIR DOCTOR FOR ANOTHER PRESCRIPTION. THEY WILL NEED TO MONITOR FOR NEW SIDE EFFECTS. THEY WILL NEED TO MONITOR TO SEE IF THAT NEW MEDICATION WORKS. AND THEN REQUIRE BLOOD TESTS IN ORDER FOR THAT TO GET ACCOMPLISHED. SO WHEN A NEW MEDICATION DOES NOT WORK. A PATIENT SUFFERS. AND THIS IS A HUGE BURDEN ON PATIENTS AND A HUGE BURDEN ON PROVIDERS WHO HAVE TO START THEIR TREATMENTS FROM SQUARE. ONE. SOMETIMES WE EVEN KICK PATIENTS OFF OF MEDICATIONS THAT THEY HAVE BEEN TAKING FOR YEARS.

CINEPHILE 3.28, MAKE SURE THAT PLAN DOES CHANGE THEIR FORMULARY AND THEY CAN DO THAT. BUT THEY JUST CAN'T KICK AGAIN A PATIENT WHO IS ON A MEDICATION OFF OF THEIR MEDICATION, MID-YEAR BECAUSE THE PURPOSE OF HEALTHCARE MEMBERS SHOULD BE TO MAKE PEOPLE HEALTHY AND NOT TO MAKE A PROFIT. SO YOU MIGHT HEAR TODAY THAT IS TOO RESTRICTIVE. AND PLANS NEED TO BE ABLE TO CHANGE THEIR FORMULARIES. SO AGAIN, TO BE CLEAR, THEY CAN THEY CAN CHANGE THEIR FORMULARIES. YOU MIGHT HEAR TODAY THAT IT IS SOLELY THE PBMS FAULT BECAUSE THE AVERAGE WHOLESALE PRICE OF DRUGS DOES NOT INCLUDE THE PBM REBATES. WELL, IF THE PBMS ARE HERE TO TESTIFY, THEY WILL TELL US THE MANUFACTURERS FAULT OR THE DISTRIBUTORS FAULT. AND WE NEED TRICE. THE PURPOSE THE POINT OF THAT IS THAT WE NEED PRICE TRANSPARENCY AT EVERY LEVEL, NOT JUST ONE RIGHT. SO BY SAYING THAT BEING TRANSPARENT AT ONE LEVEL WON'T FIX THE PROBLEM IS NOT EXACTLY TRUE OR FALSE.

AGAIN, WE NEED EVERY PIECE OF THAT PUZZLE. AND LASTLY, YOU MAY ALSO HEAR THAT THE WHOLESALE ACQUISITION PRICE OR THE AVERAGE WHOLESALE PRICE OF THE MEDICATION IS NOT WHAT THE PATIENT PAYS AND THEREFORE IS NOT WORTH REPORTING. WHILE THE WHOLE ACQUISITION PRICE OR THE AVERAGE WHOLESALE PRICE ARE INDEED NOT WITH THE PATIENT PAYS. IT IS AN ANCHOR POINT OR A REFERENCE POINT FOR THE ENTIRE INDUSTRY.

AND SO THE PRICE THAT THE PATIENT PAYS ENDS UP BEING TIED TO ONE OF THESE PRICES. WITH THAT MANAGER, WE HAVE AGAIN HAD TEST FOR AND I ALSO HAVE AN AMENDMENT. THANK YOU. YES, I WAS GOING TO ASK YOU AND THIS IS THE A ONE AMENDMENT. YES, I HAVE ONE. AND THEN I ALSO HAVE A VERY SMALL TECHNICAL ORAL AMENDMENT. IS THAT AN ORAL AMENDMENT TO THE A ONE NOTE TO THE BILL OR TO THE SO SENATOR MAN MOVES THE A ONE AMENDMENT. ALL THOSE IN FAVOR. PLEASE SIGNIFY BY SAYING AYE. I ANY OPPOSED. THE MOTION DOES PASS. THE AMENDMENT IS ADOPTED. AND SENATOR MAN, YOUR YOUR AMENDMENT. YES, MADAM CHAIR, I MOVE TO AMEND CINEPHILE 3.28.

AS FOLLOWS ON PAGE 14 LINE 13. >> DELETE YOUR AND INSERT A QUARTER. >> SO IT MEANS A SINGLE CALENDAR. QUARTER IS UP WHERE MEMBERS ARE DO YOU UNDERSTAND THE THERE MOMENT? ALL THOSE IN FAVOR OF AMENDMENT SENATE FILED 3.28, PLEASE SIGNIFY BY SAYING AYE. I ANY OPPOSED THE AMENDMENT IS ADOPTED. AND NOW AND WE CAN MOVE TEAR TESTIFIERS. WE HAVE FIRST ON ZOOM, WE HAVE DOCTOR DUBBED IT BURN BACK. THANKS, COMMITTEE AND PLEASE STATE YOUR NAME AND PROCEED WITH YOUR TESTIMONY. THINKS IT'S MEAN MADAM CHAIR, MEMBERS OR FAMILY DOCTOR FROM ALEXANDRIA AND I'M HERE REPRESENTING MINNESOTA ACADEMY OF FAMILY PHYSICIANS AND ALSO THE MINNESOTA MEDICAL ASSOCIATION.

>> IN STRONG SUPPORT OF SENATE FILED 3.28. AS A PHYSICIAN, MY FIRST GOAL IS TO WORK MY PATIENTS DURING WHAT IS THE NEEDED NEEDED FOR THEIR TREATMENT AS A FAMILY PHYSICIAN, I HAVE HAD MANY PATIENTS WHO HAVE CHRONIC CONDITIONS FOR THE TREATMENT CN FOR HER. AND I HEAR THE INSURER OR PBM CHANGES ITS FORMULARY, FORCING MY PATIENT TO CHANGE THAT MEDICATION. WHY SHOULD AN INSURER PBM BE ABLE TO FORCE MY PATIENT TO CHANGE DRUGS? WELL, THE PBM DECIDES TO NO LONGER COVER THE DRUG THAT HAS BEEN WORKING. MY PATIENT CANNOT CHOOSE TO GO TO ANOTHER HEALTH PLAN UNTIL THE END OF THE OF THEIR ENROLLMENT HERE FOR MANY CONDITIONS CHANGING FROM ONE DRUG TO ANOTHER IN THE SAME DRUG CLASS CAN WORK FINE FOR PATIENT.

BUT FOR CERTAIN CONDITIONS LIKE ASTHMA, EACH TRIP RELATIONS, MENTAL ILLNESS, EPILEPSY, MULTIPLE SCLEROSIS AND OTHERS CHANGING MEDICATIONS. MITT TREATMENT CAN PUT A PATIENT SEVERE RISK. HEAR THAT THESE CHANGES ARE DONE IN THE NAME OF SAVING COSTS. BUT IF A PATIENT CANNOT GET IN A TIMELY MANNER AND ENDS UP IN THE EMERGENCY ROOM, IT ENDS UP COSTING ALL OF US SO MUCH MORE AND AGAIN, IF THESE CHANGES ARE FOR COST SAVINGS. WELL, THEN YOU ALSO NEED TO KNOW THE DAMAGE WOULD COST THESE FORMULARY CHANGES. CHANGE BARRIERS ARE HAVING ON PHYSICIANS AND OTHER PRESCRIBERS AND MOST CLINICS TODAY THERE ARE OF STAFF DEVOTED TO THE SOLE JOB OF SPENDING THEIR WORK DAY ON THE WITH INSURERS AND PBMS APPEALING THE DECISIONS MADE BY SOMEONE OTHER THAN THE PERSON WHO WAS TREATING THE PATIENT TRYING UNDERSTAND WHY THE MEDICATION WAS CHANGED AND TRYING TO CONVINCE THEM THAT THEIR DECISION WAS NOT IN THE BEST INTEREST OF THE PATIENT AS THE CONVERSE BACK AND FORTH WITH THE POSITION OR OTHER PRESCRIBER. WELL, WE HAVE SUCCESSFUL MANY TIMES AND GETTING AN APPEAL CARE IS TO LEAVE FOR THE PATIENT CLINIC.

ADMINISTRATIVE COSTS RISE AND HEALTH CARE WORKER, FRUSTRATIONS RISES AND OUR RESILIENCY WINGS SET UP 3.28. DOES NOT PROHIBIT PBMS FROM CHANGING THEIR FORMULARIES THROUGHOUT THE YEAR. YOU CAN ALWAYS ADD NEW DRUGS WHEN THEY BELIEVE THERE IS A BENEFIT THEY CAN ALWAYS ADD NEW GENERICS WHEN IT BECOMES AVAILABLE. THEY CAN ALSO ALWAYS AND NEW THAT MAY BE MORE COST EFFECTIVE FOR PATIENTS. BUT WHAT THIS BILL WOULD PROHIBIT IS FORCING A PATIENT TO SWITCH DRUGS ONCE THEY HAVE STARTED UP THEIR P THAT WAS A COVERED BY THE PBM UNTIL THE END OF THE PATIENTS ENROLLMENT YEAR. I ASK YOU TO PLEASE SUPPORT SENATE FILE 3.28.

FOR THE SAKE OF PATIENTS HELP FOR THE SAKE OF HEALTH CARE COSTS. AND FOR THE SAKE OF HEALTH CARE WORKER RESILIENCY. THANK YOU. AND AGAIN, I'M HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. THANK YOU VERY MUCH. TO IT TO BURN OR. >> AND NOW WE ALSO ZOOM, CHRISTINA MOORE, HIM. IF YOU COULD, PLEASE STATE NAME FOR THE RECORD AND BEGIN YOUR TESTIMONY.

>> THANK YOU. MADAM CHAIR, MEMBERS OF THE COMMITTEE, MY NAME IS CHRISTINE WARHEAD. AND I'M A DEPUTY VICE PRESIDENT OF STATE POLICY FOR THEY REPRESENT THE COUNTRY'S LEADING INNOVATIVE BIOPHARMACEUTICAL RESEARCH COMPANIES. HAVE INVESTED NEARLY A TRILLION DOLLARS SINCE 2000 AND THE SEARCH FOR A NEW TREATMENT JUST TALKED TO START OFF TODAY. I'D LIKE TO SAY THAT WE SUPPORT ARTICLE 2 OF THE BILL THAT REQUIRES HEALTH PLANS TO PROVIDE PRESCRIPTION DRUG COVERAGE FORMULARIES TO PLAN SPONSORS AND PATIENTS AS WELL AS PREVENTING THAT YOU'RE FOR BENEFIT CHANGES THAT COULD INCREASE PATIENT OUT OF POCKET COSTS ARE FORCING PATIENTS TO CHANGE A TREATMENT REGIMEN THAT IS WORKING FOR THE PATIENT SO FOR PLAN SPONSORS AND FOR PATIENTS WITH HEALTH COVERAGE IS THE TYPE OF INFORMATION THEY NEED TO SELECT A HEALTH PLAN AND UNDERSTAND THE COST THAT THEY WILL PAY FOR THEIR MEDICINES.

WE DO HAVE CONCERNS WITH ARTICLE ONE OF THE REQUIRE ADDITIONAL TRANSPARENCY REPORTING FROM DRUG MANUFACTURERS TO BE PUBLICLY POSTED AND ALSO PROHIBITS MANUFACTURERS FROM INCREASING THE WHOLESALE ACQUISITION PRICE OF THE DRUG WITHOUT 90 DAYS, NOTIFICATION FOR THE NEXT CALENDAR YEAR. SO FOCUSING ON ALSO ACQUISITION COSTS AN AVERAGE WHOLESALE PRICE, WHICH ARE PRICING METRICS THAT DO NOT ACCOUNT FOR THE DISCOUNTS AND REBATES ON PRESCRIPTION DRUGS. THEY'RE ALSO PRESSING METRICS THAT DO NOT REFLECT WHEN A PATIENT PAYS FOR DRUGS. MOST RECENT DRUG MANUFACTURER, TRANSPARENCY REPORT. YOU RECENTLY RECEIVED FROM THE MINNESOTA DEPARTMENT OF HEALTH KNOW THAT THIS IS AN ISSUE. QUOTE, THE FOCUS POINT FOR WHAT IS BEING REPORTED RIGHT NOW IS ON THE LIST PRICES AND THAT PRICES AND THEREFORE DOES NOT REPRESENT THE ACTUAL INCOME TO MANUFACTURERS FOR THE SALE OF OUR PRODUCTS OR WHAT CONSUMERS ARE ACTUALLY PAYING FOR THEIR MEDICINES. SO HARD SEE THAT 03:00PM CONTROL, 80% OF THE MARKETPLACE, WHICH IS GIVING THEM SIGNIFICANT LEVERAGE WITH PHARMACEUTICAL MANUFACTURERS AND REBATE NEGOTIATIONS AND FORMULARY DECISIONS AND 2001 DRUG MANUFACTURERS PAID MORE THAN 236 BILLION DOLLARS IN REBATES AND DISCOUNTS TO HELP PLANS PM'S AND OTHERS TO ENSURE THAT THEIR DRUG WOULD BE INCLUDED ON THE FORMULARY, WHICH RESULTED IN ONLY ONE PERCENT NET INCREASE BRAND PRESCRIPTION DRUGS AND PRICING.

AND ON AVERAGE, THESE DISCOUNTS AND REBATES TO LOWER THE COST OF BRAND PRESCRIPTION DRUGS BY 49%. SO PROVIDING PLAN SPONSORS AND PATIENTS WITH PRICING METRICS THAT DID NOT ACCOUNT FOR THESE DISCOUNTS REBATES. IT'S NOT HELPFUL AS THEY'RE NOT THE PRICES THAT THEY WILL BE PAYING FOR PRESCRIPTION MEDICINES. AND FOR THOSE LIGHT, WHICH DOES NOTHING TO REDUCE PATIENT OUT OF POCKET COSTS AT THE PHARMACY COUNTER. NOW FOR THE AMENDED LANGUAGE FOR ADVANCE PRICE NOTIFICATION THAT WAS INCLUDED TODAY WE FIND IS PROBLEMATIC FOR SEVERAL REASONS.

FIRST OF ALL, WE SEE THAT HAS WRITTEN THE LINE WHICH REQUIRES 90 DAYS ADVANCE NOTIFICATION PROPOSAL, ACQUISITION COSTS FOR THE NEXT CALENDAR YEAR. THIS NEXT COUNTY OR LANGUAGE IS PROBLEMATIC BECAUSE IT IGNORES THAT. ALSO OPPOSITION COST INCREASES DO NOT NECESSARILY ALIGN WITH THE COUNTY. HERE ARE THE HEALTH PLAN CONTRACT HERE AND PRACTICE THE SAME MEAN THAT A DRUG MANUFACTURERS HAPPENING TO GIVE 6 MONTHS NOTICE OR MORE INSTEAD OF 90 DAYS TO ASK THAT YOU CONSIDER STRIKING FOR THE NEXT COUNTY HERE, LANGUAGE FROM THE BILL. I THINK THE ADVANCE PRICE NOTIFICATION LANGUAGE APPEARS TO HAVE THE INCEPTION THAT HEALTH PLANS AND PHARMACY BENEFIT MANAGERS ARE OFTEN CAUGHT OFF GUARD BY INCREASES IN THAT LIST. PRICE OF THE DRUG. AS I MENTIONED EARLIER, THERE ARE 3 PHARMACY BENEFIT.

MANAGERS CONTROLLING 80% OF THE MARKETPLACE AND THOSE PM'S INPUT, PRICE PROTECTION REBATE CARS AND THEIR CONTRACTS WITH DRUG MANUFACTURERS TO ENSURE THAT THEIR INFLATED AND MAY EVEN INCREASE FROM PROFITS. DRUG DISCOUNTS AT THE LIST. PRICE OF THE DRUG WERE TO INCREASE AND BACK PB AND OFTEN REQUIRE ADVANCE NOTIFICATION FOR LIST PRICE DECREASE. AS AND MAY REQUIRE ADDITIONAL REBATES THAT THE LIST PRICE FOR TO DECREASE. AND FINALLY, SOME OR LANGUAGE WAS ENACTED.

ORDINANCE CURRENTLY BEING LITIGATED ON A NUMBER OF GROUNDS, INCLUDING THE FIRST AMENDMENT COMMERCE CLAUSE. AND SO AT THIS LITIGATION IS PENDING. BUT IF THE LAWS AND VALIDATED AND I'M A SORE AND ALICE, U.S. WOULD APPLY TO THIS LEGISLATION. THE U.S. COURT OF APPEALS FOR THE 4TH CIRCUIT ALSO OVERTURNED A SIMILAR MARYLAND PRICING LAW IN 2019. SO MADAM CHAIR, MEMBERS OF COMMITTEE, WE URGE YOU TO STRIKE ARTICLE ONE OF THE I'D BE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU. THANK YOU FOR YOUR MISS MOREHEAD. >> AND NOW WE HAVE IN-PERSON LIKE TO CALL UP MICHELLE MACK AND BENTLEY GROOVES. WELCOME TO THE COMMITTEE. PLEASE STATE YOUR NAME FOR THE RECORD AND BEGIN YOUR TESTIMONY. MISS BACK. THANK YOU. >> GOOD MORNING. CHAIR WICK LONDON MEMBERS OF THE COMMITTEE. MY NAME IS MICHELLE MACK AND I'M A SENIOR DIRECTOR OF STATE AFFAIRS AT THE PHARMACEUTICAL CARE MANAGEMENT ASSOCIATION. ALSO KNOWN AS P CMA PCA MAY'S NATIONAL TRADE ASSOCIATION REPRESENTING AMERICA'S PHARMACY BENEFIT MANAGERS OR PBMS, WHICH ADMINISTER PRESCRIPTION DRUG PLANS FOR MORE THAN 275 MILLION AMERICANS WITH HEALTH COVERAGE PROVIDED THROUGH EMPLOYERS, HEALTH INSURANCE PLANS, LABOR UNIONS AND OTHER PUBLIC PROGRAMS.

I'M ALSO A MINNESOTA RESIDENT AS WELL. THANK YOU FOR THE OPPORTUNITY TO TESTIFY IN SENATE FILED 3.28, WE RECOGNIZE AND APPRECIATE SENATOR MANN'S GOOD INTENTIONS TO CREATE A BALANCE BILL. BUT WE MUST RESPECTFULLY SENATE FILED 3.28, WE BELIEVE THIS BILL WILL RESTRICT OUR ABILITY TO UTILIZE IMPORTANT MANAGEMENT TOOL AND HELP KEEP DRUGS MORE AFFORDABLE FOR PATIENTS IN PAIRS. WE APPRECIATE SENATOR MAN'S USE OF A NON SEVERABILITY CLAUSE IN THE BILL AS IT POINTS TO THE ONGOING CHALLENGE OF ADDRESSING EVER-INCREASING PRESCRIPTION DRUG COSTS IN THE CONTEXT OF FORMULARY CHANGES. HOWEVER, THERE'S STILL A COST. A REPORT BY MILLIMAN SHOWS THAT THIS TYPE OF POLICY WOULD COST MINNESOTA HEALTHCARE. PERRIER. 75 MILLION. OVER 5 YEARS IN THE STATE'S OWN ANALYSIS ON THIS ISSUE IN PRIOR YEARS.

SUBSTANTIATES THIS. UNFORTUNATELY, THE STATE DOES NOT HAVE THE AUTHORITY TO LIMIT WITH PHARMACEUTICAL MAN. IT MANUFACTURES CHARGE PM'S HELP PROVIDE THEIR MEMBERS ACCESS TO SAFE, EFFECTIVE AND AFFORDABLE MEDICATIONS. BUT PRICING IN THE DRUG MARKET IS VOLATILE AND THERE ARE VERY FEW TOOLS TO INCENT DRUG MANUFACTURERS TO REDUCE PRICES. FOR ME, LARRY PLACEMENT AND FINANCIAL INCENTIVES TO USE LOWER COST GENERICS AND BRAND ALTERNATIVES ARE AMONG THOSE TOOLS. AND THIS BILL THREATENS THOSE COST-SAVING MECHANISMS FORMULARIES OR CREATED BY PHARMACEUTICAL AND THERAPEUTICS COMMITTEE WHICH CONDUCT THOROUGH AND DETAILED CLINICAL REVIEW. IF FDA APPROVED DRUGS AND MAKE RECOMMENDATIONS AND WHETHER THE DRUG SHOULD BE INCLUDED IN THE JOINT DRUG PLAN'S FORMULARY. AND AFTER THIS CLINICAL REVIEW, THE NEXT LOWEST NET COST TO THE DRUG DETERMINES WHERE THE DRUG WILL PLACED ON THE FORMULARY OR IF AT ALL. FOR A VAST MAJORITY OF PATIENTS, A FORMULARY CHANGE TO A THERAPEUTIC THEIR P**** LEE EQUIVALENT ALTERNATIVE BRAND OR GENERIC DRUG HAS NO CLINICAL IMPACT. HOWEVER, WE RECOGNIZE IT CAN HAVE AN IMPACT IN RARE INSTANCES. AND FOR THIS REASON THERE ARE APPEALS PROCESSES WHICH HEALTH PLANS AND PBMS HAVE IN PLACE FOR PATIENTS TO ACCESS A NON FORMULARY DRUG WERE MEDICALLY NECESSARY AND OR LIKELY TO CREATE THE BEST CLINICAL OUTCOME.

WE BELIEVE OUR PROCESS IS FOR APPEALS ARE FAIR AND RESPONSIVE. IN CLOSING. PCA MAY BELIEVES THAT'S ENOUGH. ALL 3.28, WE'LL RAISE PRESCRIPTION DRUG COSTS AS IT REMOVES IMPORTANT TOOLS THAT PBMS USED TO DELIVER HIGH QUALITY SERVICES TO THEIR CLIENTS AND ULTIMATELY THEIR PATIENTS. THANK YOU FOR YOUR TIME AND CONSIDERATION. AND I'LL ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. MISTER GRAHAM'S, PLEASE STATE YOUR NAME FOR THE RECORD AND BEGINNING TESTIMONY. THANK YOU, MADAM CHAIR MEMBERS. MY NAME IS BENTLEY GRAVES. AND WITH THE MINNESOTA CHAMBER OF WE REPRESENT MORE THAN 6,000 EMPLOYEES ACROSS THE STATE IN EVERY INDUSTRY, THE STATE OF RECORD OF THE STATE'S SMALL BUSINESSES, LARGE BUSINESSES. >> AND WE WERE GOING TO ISSUES BECAUSE OF THE COST CONSIDERATIONS A PLAY FOR FOR BOTH OUR EMPLOYER MEMBERS AND THEIR EMPLOYEES FIRST ACTUALLY JUST WANT TO QUICKLY REPRESENT MAN FOR WORK ON A PREVIOUS BILL AND IN PARTICULAR THE AMENDMENT THAT SHE OFFERED REFLECTING SOME OF THE CONVERSATIONS WE'VE HAD WE'VE HAD WITH THEIR WERE SUPPORTED THE A P C D AND IN OPENING FOR USE BY MORE PEOPLE.

>> ENRICHING WITH MORE DAYS. SO THANK YOU FOR THAT WORK. >> AS FAR THIS BILL I WOULD I WOULD LARGELY ECHO MANY OF THE THAT WERE JUST SAID WITH REGARD TO THE COST CONSIDERATIONS AT PLAY. >> WHEN CONSIDERING A POLICY PROPOSAL LIKE THIS. BUT I WOULD JUST KIND OF UNDERSCORE THAT BY BY POINTING OUT THAT THE AMENDMENT, THE DOOR ON THEM AND THOSE MADE SPEECH, 14 LINE 13 SETS UP A DIFFERENT STANDARD NOW FOR PUBLIC PROGRAMS IN THE COMMERCIAL MARKET PUBLIC PROGRAMS WOULD STILL BE ABLE TO TO THEIR FORMULARIES 4 TIMES YEAR MOVE FOLKS OFF THOSE DRUGS BASED GENERICS COMING IN, FRANCE COMING BUT THE PLAN TO COMMERCIAL WOULD UNDER THIS BILL WOULD NOT HAVE THE ABILITY TO DO THAT. AND AS AS AS RESTATED JUST NOW AND IN THE PREVIOUS TESTIMONY THAT DOES HAVE COST CONSIDERATIONS WITH IT.

THE MAYOR OF YOU POOR THOSE DONE IN THIS BILL LAST YEAR. INCLUDING INFORMATION FROM SECRET THAT WOULD DO THAT WOULD FALL UNDER THIS BILL. THAT A CHANGE OF THIS KIND WOULD BECAUSE THE SEA GET SOME OF THE NEIGHBORHOOD OF 25 TO 30 MILLION DOLLARS A YEAR. WE'VE SEEN FISCAL NOTES AND THE PAST WHEN THIS REQUIREMENT HAS ALSO PLAYED A PUBLIC PROGRAMS. AND WHILE WE DON'T HAVE A GREAT PROCESS FOR FULLY UNDERSTANDING THAT THE COST THE COMMERCIAL MARKET FOR CHANGES LIKE THIS, WE DO GET A SENSE THAT FROM THE MILLIMAN REPORT THAT THAT WAS REFERENCED EARLIER AND OBVIOUSLY CAN CAN READ INTO SECRET NUMBER.

A SIMILAR IMPACT ON ON A COMMERCIAL MARKET. SO OUR OUR CONCERN HERE IS IS YOU KNOW, A PRESCRIPTION DRUGS ARE ARE SIGNIFICANT PIECE OF THE BENEFITS THAT EMPLOYERS OFTEN EMPLOYEES. BUT THEY ALSO ARE SIGNIFICANT PIECE OF THE COST AND THAT BENEFIT FORMULARIES INFORMALLY CHANGES ARE ONE WIN, WHICH PEERS HAVE THE ABILITY TO TO CONSTRAIN TO MAINTAIN A COST CONTROL. WE'RE CONCERNED THAT MOVING THIS IN THE WAY IT IS TODAY FOR THOSE EFFORTS. BUT I APPRECIATE THE OFFERED THE OPPORTUNITY OFFER THAT THAT INPUT TODAY AND CERTAINLY WOULD BE HAPPY TO TO ANSWER THE QUESTIONS. THANK YOU. THANK YOU VERY MUCH FOR YOUR TESTIMONY. >> AND THE LAST CUSTOMER, WE HAVE A SHOW. SO ON. WELCOME TO THE COMMITTEE AND PLEASE STATE YOUR NAME BEGINNING TESTIMONY. >> THANK YOU, CHAIR WHERE CLINTON MEMBERS OF THE COMMITTEE, MY NAME IS JO SELWOOD TESTIFYING ON BEHALF OF THE ASSOCIATION FOR ACCESSIBLE MEDICINES. THE LEADING TRADE ASSOCIATION FOR THE MANUFACTURERS OF GENERIC AND BIOSIMILAR MEDICINES. I'D LIKE TO THANK SENATOR MAN FOR HER WILLINGNESS TO LISTEN TO OUR CONCERNS AND APPRECIATE THE INCLUSION OF BIO.

SIMILAR PERMITTED FORMULARY CHANGES. THERE IS A LETTER FROM AM IN YOUR PACKET THAT OUTLINES THEIR OPPOSITION TO SENATE FILE 3.28. THROUGH THE USE OF GENERIC AND BIOSIMILAR MEDICINES. MINNESOTA SAVED 5.3 BILLION DOLLARS IN 2021. GENERIC DRUGS ARE 91% OF TRUCKS DISPENSED BUT ONLY 18% OF THE COST. AND MAKE UP ONLY 2% OF OVERALL HEALTH CARE SPENDING. IN A 2020 TO REPORT THE CBO HIGHLIGHTS THE SHIFT OR GENERIC DRUGS HAS PUT CONSIDERABLE DOWNWARD PRESSURE ON THE AVERAGE PRICE OF PRESCRIPTION DRUGS. AND BECAUSE OF THIS, THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES PRIORITIZE INCENTIVIZING AND EXPANDING GENERIC AND BY A SIMILAR UPTICK. CALLING GENERICS A BRIGHT SPOT FOR THE U.S..

AND WHILE OUR NATIONAL POLICY ACKNOWLEDGES THE SIGNIFICANT SAVINGS FROM GENERICS AND SEEKS TO EXPAND THEIR USE, SENATE FILE 3.28, GOES A DIFFERENT DIRECTION. THE BILL REQUIRES GENERIC MANUFACTURERS TO REPORT ALL DRUGS WITH A WHOLESALE ACQUISITION COST OF $100 OR MORE. THEN IF A DRUG JUST PUT JUST REPORTED FOR A LACK OF $100 OR MORE IS PLACED ON THE FORMULARY IN MINNESOTA. THE GENERIC MANUFACTURERS REQUIRED TO PROVIDE 90 DAYS NOTICE IN ORDER TO RAISE THE PRICE FOR THE NEXT CALENDAR YEAR, EVEN IF IT'S JUST FOR ONE PENNY.

ADDITIONALLY, THE BILL IS NOT CLEAR WHAT THE SECTION MEANS FOR GENERIC DRUGS WITH MULTIPLE MANUFACTURERS. AS MOST GENERIC DRUGS HAVE. AS WRITTEN. IT APPEARS THE GENERIC MANUFACTURERS OF A GENERIC DRUG REPORTED UNDER SUBDIVISION 2 WOULD BE REQUIRED TO LOCK THEIR PRICES FOR A CALENDAR YEAR. NOT JUST THOSE WITH A WHACK OVER $100. FOR THOSE WHO AREN'T FAMILIAR WITH HOW THE GENERIC MARKET WORKS, GENERIC MARKET, GENERIC MANUFACTURERS COMPETE ON PRICE TO SELL THEIR PRODUCT TO WHOLESALERS. THESE TRANSACTIONS OCCUR GENERALLY OUTSIDE OF MINNESOTA. POLICE IN CALENDAR YEAR LACK A CALENDAR YEAR. PRICE LOCKS ON GENERIC MANUFACTURERS OUTSIDE OF MINNESOTA, OF COURSE, TELLING THE WHOLESALERS OUTSIDE OF MINNESOTA RAISES SIGNIFICANT LEGAL CONCERNS. UNDER THE PRESCRIPTION DRUG PRICE, TRANSPARENCY, ACTION OR MANUFACTURERS ARE REQUIRED TO REPORT DRUGS WITH BOTH A WHACK PRICE OF $100 AND A PRICE INCREASE OF 50% OVER THE PREVIOUS 12 MONTHS AND THEN DHS TO PUBLICLY PUT A POST THAT INFORMATION. SO IF ALL 3.28, ADDITIONALLY REQUIRES THE POSTING OF ALL DRUGS WITH A WHACK OVER $100 WITH NO PRICE INCREASE REQUIRED. THERE IS LITTLE UPSIDE TO THE POSTING OF THE WHOLESALE ACQUISITION COST AND THE AVERAGE WHOLESALE PRICE.

NEITHER IS WHAT A PATIENT PAYS. THE REPORTING IN POSTING OF THIS INFORMATION WILL NOT LOWER THE PRICE OF DRUGS. BECAUSE THIS BILL DOES NOT ACKNOWLEDGE HOW THE COMPETITIVE GENERIC DRUG MARKET OPERATES TO PROVIDE LOW COST MEDICINES TO MINNESOTANS AM OPPOSES. SENATE FILED 3.28. WE DO LOOK FORWARD TO CONTINUING TO WORK WITH THE AUTHOR ON THIS AND I'M HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. THANK YOU FOR YOUR TESTIMONY. AND CONCLUDES A TEST FIRES THAT WE HAVE. >> ANY OTHER COMMENTS THAT YOU LIKE TO MAKE SITTING AROUND BEFORE WE GO TO MEMBER QUESTIONS? >> I WOULD JUST LIKE TO POINT OUT THAT.

3 OUT OF 5 TESTIFIERS TODAY REPRESENT ORGANIZATIONS. >> WHO? >> IN THE BILLIONS? OFF OF THE DRUG MARKET. AND SO ANY TIME WE ASK FOR MORE TRANSPARENCY. WE GET SIGNIFICANT PUSHBACK FROM THOSE WHO ARE MAKING THE MOST MONEY. AND AGAIN, YOU KNOW, A LARGE PART OF THE ARGUMENT WAS FORMULARIES ARE A MONEY SAVING TOOL. IF WE CANNOT CHANGE OR FORMULARIES, WE WILL LOSE MONEY. YOU CAN CHANGE THE FORMULARY IN THIS BILL. YOU SIMPLY CANNOT KICK UP HAITIAN OFF OF THEIR MEDICATIONS. BECAUSE WHAT THE TESTIFIERS TODAY FAILED TO MENTION IS THAT THEY DON'T INCUR THE COSTS OF WHEN. WE PUSH PEOPLE OFF THEIR MEDICATIONS, RIGHT? THE PATIENTS DO THE PATIENCE TO THEIR FAMILIES TO THEIR PROVIDERS. DO. AND SO THAT'S WHAT THE BILL DOES. THANK SENATOR MCCAIN. THANK YOU. MADAM CHAIR >> SENATOR MAN WITH YOUR AMENDMENT. SOME QUESTIONS. >> WITH THE FORMULARY BEACHY BEING CHANGED TO 4 TIMES A YEAR IN WHETHER YOU WANT TACKLE THIS. WE WANT DHS AND SAYS POPE WILL.

I GUESS THE FIRST REASON IS NOW IT'S NOT AN EVEN PLAYING FIELD. SO WHY? WAS IN HERE? YOU GET DELTA FRIENDS. THAT'S GOOD. MADAM CHAIR THANK SENATOR MAN. SO. >> THE FEDERAL REBATE THAT CMS USES TO PAY FOR PHARMACY SERVICES GETS CHANGE QUARTERLY. AND SO THAT'S WHY THAT WAS CHANGED. IF YOU HAVE ANYTHING. PLEASE WELCOME TO THE COMMITTEE. PLEASE STATE YOUR NAME AGAIN. >> ANSWER THE QUESTION. >> THANK YOU, MADAM CHAIR. FOR THE RECORD, MY NAME IS CHAD. HOPE FROM THE PHARMACY PROGRAM MANAGER AT DHS. SENATOR MAN IS CORRECT TO FEDERAL MEDICAID. DRUG REBATE IS CALCULATED BY CMS AND THE MANUFACTURERS QUARTERLY. THOSE PRICES ARE PROVIDED TO NOT JUST MINNESOTA, BUT ALL STATE MEDICAID PROGRAMS QUARTERLY. THEY CHANGE. SO THE PRICES THAT ARE USED FOR OUR UP DEVELOPMENT OF THE PREFERRED DRUG LIST, THEY CHANGE QUARTERLY BASED FACTORS THAT WE DON'T GET TO CONTROL. SENATOR, OKAY, THANK YOU. MADAM CHAIR, >> YEAH, AND THAT'S WHAT I WAS GOING FOR. SO WOULDN'T IT BE TRUE THAT BECAUSE LIKE GOING TO COURT EARLY, DHS WOULD STAND TOO.

RECEIVE. MORE IN THE FORM REBATES OR LARGER REBATES. IT'S IT'S FOR FINANCIAL REASONS. MISTER HOPE. >> MADAM CHAIR, SENATOR, SO AS I UNDERSTAND THAT THE INTENTION OF THIS BILL IS TO DEVELOP THE FORMULARY BASED ON KNOWN FACTORS AND PRICING FACTORS WITHIN CONTROL. WHEN COMMERCIAL MARKETS NEGOTIATE REBATES, THEY'RE DOING SO BASED USUALLY WHAT'S CALLED LIKE GUARANTEE NOT, YOU KNOW, THEY'RE NEGOTIATING A PRICE ACROSS TIME WITH MEDICAID. THERE'S 2 COMPONENTS TO IT. WANTS THE FEDERAL REBATE THAT IS NOT WITHIN THE STATE'S CONTROL. SO IT'S DIFFERENT THAN THE COMMERCIAL MARKET. SO IT'S NOT. AN ADDITIONAL REBATE ABOVE AND BEYOND WHAT A COMMERCIAL PAIR WOULD HAVE. IT WOULD BE BEING ABLE TO ADJUST LIKE THE OTHER PEERS THAT THE BILL IS LOCKING IN FOR A PERIOD OF TIME. THAT IS KNOWN BECAUSE OUR REBATE IS NOT KNOWN.

SENATOR MCCAIN. THANK YOU, MADAM. MADAM CHAIR AND AGAIN, LOOKING AT DHS VERSUS SO. >> PUBLIC POLICY VERSUS THE COMMERCIAL INDUSTRY. THEY'RE ABLE TO REACT TO THESE CHANGING REBATES VERSUS COMMERCIAL BEEN LOCKED IN FOR THE FULL YEAR. BUT THAT'S STILL. I STILL SEE IT AS A BENEFIT FINANCIALLY AND AGAIN, YOU TELL ME IF I'M WRONG, BUT THEN ALSO AREN'T WE MOVING? >> OUR PEOPLE, OUR CITIZENS WHO ARE ON MEDICAID THERE BECAUSE HE'S EVERYTHING'S CHANGING QUARTERLY. THEIR PRESCRIPTIONS COULD BE ADJUSTED OR AT LEAST ENCOURAGED TO CHANGE QUARTERLY TO CORRECT. >> MADAM CHAIR, SENATOR, WHEN THE PREFERRED DRUG LIST IS UPDATED, IT DOES ENCOURAGE UTILIZATION OF THE LOWEST COSTS FOR MOST COSTS, ADVANTAGEOUS PRODUCTS.

HOWEVER, WE DO HAVE MECHANISMS IN PLACE TO HELP ENSURE CONTINUITY OF CARE FOR OUR MEMBERS, WHETHER OR NOT THAT'S USED IN THE SAME MANNER AS THE COMMERCIAL MARKET. I CAN'T COMMENT, BUT I CAN SAY THAT OUR FORMULARY COMMITTEES VERY CONSCIOUS OF THOSE CHANGES AND ACCOUNT FOR THOSE. SENATOR. OKAY. THANK YOU, MADAM CHAIR. AND I GUESS THAT'S KIND OF WHERE IT WAS HEADING TO US. >> WE ARE NOW TAKING THERE'S NOT THIS IS STARTING SOMETHING NEW. BUT THE FACT IS. THEIR PRESCRIPTIONS, THE RECOMMENDED PRESCRIPTIONS COULD BE CHANGED. QUARTERLY. THEY'RE TYPICALLY PEOPLE THAT ARE ON.

FOR THEIR HEALTH AND THE WELL-BEING, HOPEFULLY OF CONTINUAL USE OF THE SAME MEDICATIONS WOULD PROBABLY BE BETTER OR AT LEAST A MORE COMFORT. WE KNOW THINGS CHANGE AND WE NEED TO BE OPEN TO CHANGE. BUT I'M JUST CONCERNED ABOUT THIS. THIS QUARTERLY CHANGING IN. BECAUSE, AGAIN, WE'RE CURVY NOTE AND MAKING THE PUBLIC. SIDE OF IT. THE DHS PARSON PORTION OF THIS DIFFERENT FROM THE COMMERCIAL WHICH A PROBLEM THERE. BUT PROBABLY BACK TO AND BECAUSE OF THIS IS THEIR FISCAL NOTE, ARE WE LOOKING AT BECAUSE WE WERE LOOKING AT POTENTIAL COSTS GOING FORWARD? >> SENATOR I'M SURE CENTER. YES, WE HAVE REQUESTED ONE. YOU SAID IT WAS ONE REQUESTED AND THINK YOU.

QUESTIONS CENTERED KEY. I THINK THAT'S ALL FOR NOW. THANK YOU. OKAY. THANK SENATOR. A BLUR. WELL, THANK YOU. >> I HAVEN'T SPENT MUCH TIME LOOKING AT THIS BILL. NOBODY'S COME TO ME TO BRIEF ME ABOUT IT. BUT I I APPRECIATE WE'RE SENATOR MAN ON THIS. I USUALLY BEEN ON YOUR SIDE OF THE ARGUMENT. I'M LEARNING ABOUT THIS BILL THAT TO THE PEOPLE WHO ARE CONCERNED ABOUT THIS. ONLY REASON THE BILLS LIKE THIS COME FORWARD IS BECAUSE PATIENTS AND CLIENTS AND DOCTORS OR WHATEVER FIELD UNFAIRLY TREATED BY PLANS THAT DECIDE TO CHANGE MIDDLE, THE STREAMS. THE REASON THEY MAY HAVE PICKED A PARTICULAR HEALTH PLAN. IT'S SIMPLY UNFAIR TO DO THAT IN THE MIDDLE OF THE YEAR.

SO THE THAT'S THINK HALF OF THE DEAL. AND SO STOP DOING THAT. THE SECOND THING THAT ALL THESE BILLS COME FORWARD ABOUT PRICE RAISES THAT THERE'S SOME VERY UNETHICAL MANUFACTURERS TO CHARGE ALL THEY POSSIBLY CAN. AND THE BEST WE CAN DO IS TRY TO NIP AT THEIR HEELS AND GET THEM TO STOP DOING THAT. AND THIS IS I THINK THE EFFORT THIS BILL PROVIDES IT WAS A COUPLE QUESTIONS FOR YOUR AND IF YOU DON'T KNOW, THE ANSWER IS IT DOESN'T MATTER RIGHT NOW. BUT I CAN YOU SOMEBODY SAID THAT THERE'S A 25 MILLION DOLLAR COST TO SEE. GET ON THIS. YOU HAVE ANY IDEA? IS THAT TRUE OR THAT? I HEAR THAT WRONG. >> AND I DON'T KNOW IF THAT'S TRUE OR NOT.

WENT AWAY >> SOME INTERESTED IN MAKING TELL ME WHY THAT MIGHT BE THAT TO BE AN ARRESTING HIM. SOMETIMES SOME ICU HAS A HARD TIME KEEPING THE NUMBERS, EVEN A BELIEVABLE RAINS. BUT AND WHEN APPRECIATE THE MINNESOTA CARE MEDICAL ASSISTANCE CARVE AND, YOU KNOW, I DON'T KNOW THE ANSWER YOUR BILL AND MAYBE SOME ELSE KNOWS DO THE DIFFERENT PROVIDERS HAVE DIFFERENT FORMULARIES. THAT WOULD BE ALLOWED TO. CHANGE. READY TO YOU, CHAD, AFTER YOUR LAST NAME, MISTER HOPE. MADAM CHAIR, SENATORS. SO THE INDIVIDUAL HEALTH PLANS. >> FORMULARIES NOT REALLY A TERM THAT APPLIES TO MEDICAID BECAUSE BEEN CLUB INCLUDES ALL DRUGS FOR WHICH THE MANUFACTURERS PARTICIPATE IN THE REBATE PROGRAM. IT'S VIRTUALLY EVERY DRUG IN THE MARKET THE PLANS CAN STRUCTURE ALL THE NON PREFERRED DRUG LIST. DRUGS, ACCORDING TO THEIR OWN PLACEMENT, ALL THE PLANS ARE SUBJECT TO THE ONE PREFERRED DRUG THAT IT'S ADMINISTERED BY DHS. SO IT'S DIFFERENT THAN A COMMERCIAL PLANNED BECAUSE THE MEDICAID PROGRAM IS VERY DIFFERENT THAN A COMMERCIAL PLANE. ALRIGHT, MADAM BUT IT'S A MINNESOTA CARE BE THE SAME. MISTER HOPE. AND I'M SURE A SENATOR WE HAVE MINUTES OR MINNESOTA CARE UNDER THE SAME CONTRACT AND MINNESOTA.

WELL, THE REASON GETTING IS APPRECIATE YOUR PATIENCE WITH ME. SO LIGHT IN THE INSURANCE MARKET, FULLY INSURED MARKET, WHICH IS LIKE BECOMING EVER LASTS, PROBABLY APPROACHING 15% OF THE MARKET, WHICH IS PROBABLY ALL THIS BILL IS GOING TO AFFECT. >> ANYMORE PEOPLE TO THE PLAN THAT VERY HIGH COST BECAUSE THEY LIKE IT BECAUSE IT SERVES A PARTICULAR NEED FOR THEIR FAMILY, WHICH IS I TOTALLY AGREE WITH PURPOSE OF THIS BILL. AND THAT PART. BUT WHEN PERSON CHOOSES YOU CARE OR BLUE CROSS OR SOMETHING, AND ONE OF MANAGED MINNESOTA, YOU KNOW. PLANS UNDER WHATEVER UNDER YOU MAY HAVE FOR MEDICAL ASSISTANCE THEY'RE NOT CHOOSING BECAUSE OF FARMING AREAS, PARTICULARLY BETTER.

IS THAT RIGHT? MISTER MISTER HOPE. MADAM CHAIR, TO THE DEGREE THAT IT'S A PREFERRED DRUG LIST CLASS. IT'S GOING TO BE CONSISTENT ACROSS THE PROGRAMS. >> SO, NO, I I APPRECIATE I AND THIS THE GOOD THING IS YOU HAVE A VERY INFORMED OFFER HERE WHO DOESN'T WANT TO RUIN ANYTHING. BUT THE OTHER SIDE, WE WANT TO MAKE SURE THAT THE PEOPLE WHO ARE BUYING SOMETHING ACTUALLY GET WHAT THEY THOUGHT THEY WERE BUYING. AND SO FOR THAT, I'M WHOLE HARDLY IN FAVOR OF THAT EFFORT.

AND SO AS IT MOVES HAPPY TO BE IN THE DIALOGUE NOT TO HARM TO THE COMMERCIAL MARKET IS SO RICKETY AND SO EXPENSIVE. NOW THAT. SOMETIMES DOING A GOOD THING, IMPERILS EVERYTHING. I'M HAPPY TO KEEP THE DISCUSSION GOING. THANK YOU. AND I WOULD BE VOTING YESTERDAY IF IT MOVES SO. >> THANK SENATOR BOLDEN. >> THANK YOU. MADAM I JUST WANT TO SAY THANK YOU TO USE OUR MAN FOR BRINGING THIS BILL FORWARD. IT IS IMPORTANT. I'M PROUD TO BE A COAUTHOR ON THE BILL. I THINK DISCUSSION OF THIS ISSUE IS AN EXCELLENT EXAMPLE OF WHY OUR CURRENT HEALTH CARE SYSTEM, WHICH IS FOCUSED ON PROFITS IS WRONG AND IT SHOULD CHANGE AND SHOULD BE FOCUSED ON PATIENTS. AND WHAT IS ACTUALLY PROVIDING. KAREN, WHAT WHAT YOU KNOW, THE CARE THAT PEOPLE NEED. AND SO I PERHAPS IN SOME OF THIS DISCUSSION, THE FOCUS ON PATIENTS MAYBE GETS LOST AND YOU KNOW, THE DECISIONS ABOUT THE MEDICATIONS THAT PATIENTS NEED ABOUT THE CARE THAT PATIENTS NEED BE BETWEEN A HEALTHCARE PROVIDER AND THAT PATIENT AND SHOULDN'T BE. AND, YOU FOLKS IN INSURANCE COMPANIES AND PBM ZAHN AND THOSE OTHER SPACES WHO ARE NOT HEALTH PROVIDERS SHOULDN'T SHOULD BE THE ONES MAKING DECISIONS ABOUT THE CARE FOR PATIENTS.

AND SO THANK YOU FOR BRINGING US. I THINK THE OTHER PIECE ABOUT TRANSPARENCY IS ALSO THAT IS ALSO A PIECE OF OUR HEALTH CARE SYSTEM THAT, YOU KNOW, IT JUST MAKES IT MORE OPAQUE AND COMPLEX AND CONVOLUTED THAT, YOU KNOW, THERE'S COSTS FOR PRESCRIPTIONS. THERE'S, YOU KNOW, WHOLESALE AND RETAIL AND KICKBACKS AND REBATES CENT. THIS PLAN COVERS THIS MUCH IN THIS PLAN COVERS THIS MUCH ON IT. IT IS VERY CONFUSING AND DIFFICULT AND COMPLICATED. SO AS MUCH TRANSPARENCY AS WE CAN BRING TO THAT AT EVERY LEVEL AND AT EVERY PIECE, I THINK ONLY CAN HELP US TO GET TO THE HEALTH CARE SYSTEM THAT WE SHOULD HAVE, WHICH REALLY IS GEARED TOWARD THE CARE THAT PATIENTS NEED MAKING SURE THAT EVERYBODY GETS THE CARE THAT THEY NEED.

SO THANK YOU FOR BRINGING THIS BEFORE. GOING TO HAVE A HAPPY TO SUPPORT. >> THANK YOU. ANY OTHER MEMBER COMMENTS, SENATOR MORRISON. >> THANK YOU. MADAM CHAIR. I COULDN'T HAVE SAID IT BETTER THAN SENATOR BALDWIN, BUT I JUST WANT TO THANK AND THIS IS A PATIENT CENTERED BILL. THIS IS ABOUT DOING THE RIGHT THING FOR PATIENTS AND I LOOK FORWARD TO SUPPORTING IT. THANK YOU. >> AND THE OTHER MEMBER OR MEMBERS HAVE ANY QUESTIONS OR COMMENTS. I DON'T SEE ANY FURTHER. I WILL JUST SAY I APPRECIATE YOUR WORK ON THE SENATOR MAN AND I YOUR WORKED TO TRY AND PROVIDING GREATER PRICE TRANSPARENCY FOR US AND ESPECIALLY THE THE WORK ON THE FORMULARY CHANGES.

I HAVE EXPERIENCED THE TIME I'VE BEEN IN THE SENATE. IT IS FRUSTRATING TO ME HOW MANY PEOPLE HAVE COME TO ME TO TO ASK FOR HELP TO TRY AND GET 2 ACCESS. THE PRESCRIPTION DRUG AND IT JUST DOESN'T MAKE SENSE TO ME THAT THAT PEOPLE WHO FIND SOMETHING THAT WORKS FOR THEM HAVE TO GO THROUGH PERIODS OF TIME, MONTHS. IT CAN TAKE TO GO THROUGH PERIODS WHERE THEIR HEALTH SEVERELY IMPACTED BY NOT BEING ABLE TO STAY THE PRESCRIPTION DRUG THAT THEY THEY WERE ON. SO I REALLY APPRECIATE YOUR EFFORTS. AND THIS BILL WILL CONTINUE TO MOVE TO THE COMMERCE COMMITTEE. SO ANY OTHER QUESTIONS OR COMMENTS? I'M MOVING TO A SENATE 3.28, AS AMENDED WRECK BE RECOMMENDED TO BE REFERRED TO THE COMMITTEE IN COMMERCE AND CONSUMER PROTECTION AND IF THAT IS WOULD YOU MAKE THE MOTION THE MOVEMENT ARE? ON THAT MOTION MEMBERS. ALL THOSE IN FAVOR, PLEASE SIGNIFY BY SAYING AYE, AYE, ANY OPPOSED. THE MOTION DOES PREVAIL. THE BILL DOES SOME FOLLOW THROUGH 28 AS WILL IS REFERRED TO THE COMMITTEE ON COMMERCE AND CONSUMER PROTECTION. AND OUR LAST BILL ON THE AGENDA, SENATOR HAPPEN. THAT'S UNLIKE THE LAST CHAIR.

THAT'S BUT THAT'S OKAY. WELL, IT'S IT'S GOOD TO BE FIRST OR NIGHT. SO THANK YOU FOR 5.37. THE FOREST. >> THANK YOU, MADAM CHAIR MEMBERS. AND I MUST SAY THAT THE CONVERSATION TODAY, ESPECIALLY THE LAST CONVERSATION. IT ABSOLUTELY. THANK YOU, SENATOR MAN, FOR, YOU KNOW, HIGHLIGHTING THERE'S CONSISTENCIES AND HOW WE DO. WHAT WE DO JUST GOOD TO HAVE THAT. THIS IS PLACE TO HAVE THAT CONVERSATION. SO MADAM CHAIR WITH THAT, I HAVE FORMER STATE REPRESENTATIVE BILL HAAS USED A FORMER MAYOR OF A CHAMPION SINCE WE'RE ALL ABOUT CHAMPION SITS CHAMPIONS. BEEN MENTIONED 4 TIMES TODAY AND IN DIFFERENT TESTIMONIES. IT'S NICE TO HAVE YOU HERE. ABSOLUTELY REPRESENTS THE WAITERS. A NATION. WE KNOW THEM. BUT WE'RE HERE AND SPEAKING ON BEHALF OF THE TRIBAL NATIONS AND SO MADAM CHAIR AND MEMBERS OF THE BILL SENATE FILE 5.37. ADDRESSES THE SAMPLES FOR TESTING FROM THE TRIBAL NATIONS FACILITIES WITHIN THE TRIBAL NATIONS TO THE TESTING LABORATORY IN SAINT PAUL, MINNESOTA. TESTING IS CRITICAL TO ENSURE THE HIGHEST QUALITY STANDARDS OF THE PRODUCT.

IT ALSO ADDRESSES THE TRANSPORTATION OF MEDICAL CANNABIS PRODUCTS OFF THE LANDS BECAUSE WE KNOW IN TRAVEL MEMBERS ARE MOVING FROM RESERVATION TO THE HOMES IN THE TWIN CITIES. IN OTHER PARTS OF MINNESOTA, THEY MUST BE ABLE TO TRAVEL WITH THEIR MEDICAL CANNABIS BACK AND FORTH WITHOUT FEAR OF ARREST. THIS BILL DEFINES 2 THINGS. NUMBER ONE, IT DEFINES A TRAVEL MEDICAL CANNABIS PROGRAM, WHICH IS THE SAME AS THE MEDICAL CANNABIS MANUFACTURERS AND STATE LAW. IT ALSO DEFINES A TRIBAL MEDICAL CANNABIS PATIENTS, WHICH IS THE SAME AS THE MEDICAL CANNABIS PATIENTS GUIDELINES AND STATE LAW. SO WHAT WILL HAPPEN IS THEY'LL BE NEW BUSINESSES CREATED ONCE THE BILL IS ENACTED, IT WILL DRIVE THE ECONOMIC DEVELOPMENT ON THE RESERVATIONS THAT CREATE SOME BUSINESS OPPORTUNITIES THAT OR PATIENT CENTERED RIGHT PROFITS WILL BE REINVESTED IN MINNESOTA SINCE TO TRAVEL. NATIONS ARE NOT NATIONALLY ON TRAVEL. NATIONS DESERVE THE SAME OPPORTUNITIES TO PRODUCE AND HAVE ACCESS TO MEDICAL CANNABIS PRODUCTS WHICH ARE ALREADY A 40 TO THE CITIZENS AND MANUFACTURERS OF MINNESOTA. JUST ANOTHER HIGHLIGHT LAST YEAR, THIS BILL WAS BROUGHT IN THE HOUSE AND THE SENATE AND AND TRULY ALL OF TRAVEL BROTHERS AND SISTERS.

SO MADAM CHAIR WITH THAT BILL HAAS. I DON'T KNOW IF YOU CAN SAY FROM THE OTHER BODY. WHAT YOUR FORMER YOUR FORMER SENATOR THE SENATE IS THAT SAME WERE TO HEAR BILL. BUT ANYWAY, WELCOME TO WELCOME TO THE COMMITTEE REPRESENT HOUSE AND POLICE BEGIN YOUR TESTIMONY. THANK YOU. MADAM CHAIR AND COMMITTEE MEMBERS, FIRST OF ALL, LIKE TO THANK SENATOR OFTEN FOR CARRYING THE BILL FOR US.

>> AND I'D ALSO LIKE TO THE OFFICE OF MEDICAL CANNABIS, CRIST, HOCKEY AND THERE IN TESTY. THEY HAVE BEEN VERY INSTRUMENTAL IN HELPING US WORK ON THIS LEGISLATION. THEY HAVE REVIEWED IT FOR US AND MAKE CORRECTIONS AND >> TO HEP EFFECT TODAY AND ALL THE RIGHT REGULATIONS PERTAINING TO. A PERSON'S ENROLLMENT IN A TRIBAL MEDICAL CANNABIS PROGRAM. THEY HAVE TO FOLLOW ALL THOSE GUIDELINES WHAT WE'RE RUNNING INTO, WE ARE RIGHT NOW IN OUR STAGE IN OUR GROWING PROCESS. WE HAVE A HIGHLY SECURE GROWING FACILITY 24 HOUR SECURITY SIMILAR TO LABS FOR THE GROWING FACILITIES AT LEAF LANE AND HAVE. AND HE'S FROM THEY'RE BEEN VERY STRICT ABOUT HOW SECURE THIS IS. THEY DON'T WANT ANYBODY WHO WAS NOT AUTHORIZED TO BE IN THE FACILITY. THE MEDICAL CANNABIS BOARD'S RESPONSIBILITY IS GOING TO BE THAT THEY IN THE BILL. THEY HAVE TO REPORT TO THE COMMISSIONER OF HELL'S EVERY WEEK ON THEIR PRODUCTION OF NUMBER OF PRESCRIPTIONS.

THEY FILL, THE DOSING AND THINGS LIKE THAT. SO WE ARE GOING TO BE REGULATED UNDER THE AND NOT ONLY OUR OWN REGULATIONS BUT ALSO UNDER THE STATE OFFICE OF MEDICAL CANNABIS. AT THIS TIME. IT IS A PROBLEM FOR TRIBAL MEMBER MEMBERS ARE VERY TRANSIENT MINNEAPOLIS, SAINT PAUL BEMIDJI MOREHEAD PLACES LIKE THAT. SO UNDER CURRENT LAW, THEY CAN BE ARRESTED. IF THEY LEAVE THE RESERVATION WITH THE MEDICAL CANNABIS PRESCRIPTION THAT IS AUTHORIZED UNDER OUR MEDICAL CANNABIS SPORT. SO THIS BILL WOULD SAY THAT AS LONG AS THEY HAVE. THEIR MEDICAL CANNABIS BOARD OUR CARD, RATHER, THAT WAS ISSUED BY THE BOARD. THEY HAVE THE PRESCRIPTION AND THE ORIGINAL PACKAGING WITH THEM WHEN THEY LEAVE THE RESERVATION, THEY WILL NOT BE SUBJECT TO ARREST. LIGHTERS IS VERY CONCERNED TO THAT. OUR PRODUCT IS PURE AND HAS NO CONTAMINANTS. AND THAT'S WHY TESTING IS SO IMPORTANT FOR US. AND THAT'S WHY WE'RE ASKING FOR THE ABILITY TO GET OUR PRODUCT. 2 THAT WILL DO RESPECTED LABS AND SAINT PAUL WHO WILL DO THE TESTING.

SO WE KNOW THAT THERE'S NO CONTAMINANTS IN THERE AND IT'S IN THE CHEMICAL MAKEUP OF THE FLOWER. AND THAT IS WHAT WE NEED SO WITH THAT MADAM I WILL STAND FOR ANY QUESTIONS. >> THANK YOU. THANK YOU VERY MUCH FOR YOUR MEMBERS. EXCUSE ME, ANY QUESTIONS FOR SENATOR HUFFMAN OR THE TESTIFIER? SENATOR KING? >> THANK YOU. MADAM CHAIR TOLD SENATOR HUFFMAN, I CAN'T LET HIM OFF THE HOOK AND THIS ONE PUTS CARRY THIS. MISTER HASSAN. I HAVE VISITED HOURS UPON HOURS OVER THIS A TOPIC AND JUST SHARE THE CONCERNS THAT I'VE SHARED WITH THE U.S. OVER THE LAST YEAR. AND OF COURSE, WE DO HAVE A LARGE BILL THAT'S MOVING THROUGH THIS YEAR CALLED THE RECREATIONAL CANNABIS, WHICH ESTABLISHES A WHOLE NEW.

PLAN FOR THIS. AND IF I GUESS IF THAT WAS EVER TO BECOME A LOT WOULD PROBABLY TAKE CARE OF THIS ISSUE. BUT AS WE CURRENTLY SIT IN, THE REASON THAT I HAVE. LOOK AT IN JUST 4 YOUR CONSIDERATION. HERE IS. WE CURRENTLY HAVE. 2 FACILITIES IN THE STATE THAT CAN DO GROWING FOR MEDICAL CANNABIS. EVERYTHING IS IN STATUTE COURSE. THIS VILLAGE US THOSE STATUTES. BUT MY THING WAS, IF WE OPEN IT UP FOR ONE, DO WE OPEN IT UP FOR ALL TO KEEP THINGS FAIR? AND THAT WAS ALWAYS THE THE CONVERSATION THAT I HAD WITH MISTER HAAS AND OTHERS OVER THE LAST YEAR. SO IS. TRYING TO KEEP THIS FAIRNESS IN PLACE AND ADDRESSING THIS TRANSOM TRANSPORTING THE PRODUCT FROM THEIR LOCATION OF 2 CITIES AND THEN THE SHARING OF THE ACROSS MANY DIFFERENT AREAS BE IN THE. AREA NORTH WHERE THEY LIVE IN THE WHITE EARTH RESERVATION TOO. THEIR LOCATIONS HERE IN THE METRO AND ACROSS THE STATE YOU KNOW, THAT WAS WHERE MY CONCERNS WE'RE IN. I THINK THEY STILL IS THE CONTROL ON THIS AND THE FACT THAT WE CURRENTLY HAVE A MINNESOTA LAW THAT'S REFERENCES THE 2 MANUFACTURERS IN THE WHOLE PROCESS, TOO.

THE MEDICAL CANNABIS THIS OPENS IT UP. AND I THINK AT THAT POINT, WHERE DOES IT STOP AND HOW DO WE ADDRESS THAT? >> SENATOR, MAKE YOU MADAM CHAIR AND THANK YOU, SENATOR. KEN, I'M GLAD THAT FORMER REPRESENTATIVE HAAS COULD HAVE, YOU KNOW, LOTS OF CONVERSATION ON IT. I THINK THAT THIS BILL WAS ACTUALLY IN FRONT OF YOU LAST YEAR AND I KNOW THE HOUSE SAID HAD MOVED ON IT.

BUT, YOU KNOW, THERE'S A COUPLE OF THINGS TO THINK ABOUT SENATOR A KEY THAT THIS WOULD NOT JUST. PARSE OUT ONE. YOU KNOW, WE HAVE 11, 11 TRIBES AND MINNESOTA. IT WOULD ALL TRIBAL NATIONS WOULD BE A PART OF THAT. AS AS YOU KNOW, THERE ARE 40,000 PEOPLE IN MINNESOTA RIGHT NOW THAT ARE TRANSPORTING A MEDICAL MARIJUANA BECAUSE THEY'RE THEY HAVE A CARD, RIGHT? THEY HAVE THEIR THEIR MEDICAL MARIJUANA CARD. SO I DON'T KNOW. I DON'T KNOW IF IT'S SUCH AN ISSUE.

I'M LEAST I'M NOT FEELING THAT MAYBE WE CAN TALK MORE OFFLINE ABOUT JUST WHERE THAT SETS. BUT I BUT I DO KNOW THIS THAT YOU MENTIONED SENT A FILE. 73. SENATE FILE. 73. THERE'S DOES 2 THINGS AND I'LL GET TO THE FIRST ONE FIRST, WHICH IS IT WON'T BE AN ACTIVE UNTIL 2025. THIS FIX RIGHT NOW THAT MAKES IT CONSISTENT WITH EVERYTHING ELSE IN MINNESOTA GETS ENACTED RIGHT AWAY. SO THERE'S AN ENACTMENT DATE AND THERE'S A BUT CLASS. THERE'S A THERE'S A BUT CLOUDS. THERE'S ALWAYS A BUT CLOSET SEEMS AND IN IN GOVERNMENT RIGHT. AND THAT JUST THAT IT'S CLOSE ENOUGH FOR GOVERNMENT WORK. BUT THE FACT THAT THERE'S A BUT CLASS, LET'S ASSUME CINEPHILE 73 PASSES THIS YEAR AND GETS ENACTED RIGHT? WHAT'S GOING TO BE WHAT'S GOING TO BE REALISTIC NOW IS HALF OF THE BILL SENATE FILE 5.37. WOULD BE REPEALED SENATE FILE. 73 AND HALF OF THAT WOULD NOT BE. SO THERE'S AN DAY CHANGE THAT NEEDS TO HAPPEN IN WHAT I'M GOING TO DO. SENATOR, R THIS AFTERNOON. I'M GOING TO NEED TO TO SENATE FILE 5.37.

TO PROTECT THAT ENACTMENT DATE AND TO ALSO PROTECT OTHERS. THAT WOULD BE IN THE MEDICAL WORLD AS WELL. RIGHT. AND SO THERE'S SOME THERE'S SOME CONFLICTS THAT CAME UP INTO THAT YET HE THINKS 73 IS GOING TO BE THE END. FIX ALL. BUT IT'S NOT. THERE'S GOING TO BE SOME ABSOLUTE CONFLICTS IN THERE, BUT WE'LL FIX IT THIS AFTERNOON. HOPEFULLY WILL FIX IT THIS AFTERNOON. AND THEN ON THAT ONE SIDE. BUT ON THIS SIDE, LET'S SAY 7.73 DOESN'T PASS THIS YEAR, RIGHT? WE STILL NEED TO ENACT THIS BILL SENATE FILE 5.37, WHICH BY THE LANGUAGE IN THE BILL WOULD BE ENACTED RIGHT AWAY, WHICH THEN WOULD PROTECT THE FOLKS THAT ARE HAVING THE MEDICAL MARIJUANA, TRIBE. SO I HOPE THAT ANSWERS MULTIPLE LAYERS OF YEAR QUESTIONS AND THE ONION PEEL AS WE PEEL IT BACK. SO APPRECIATE THAT. AND A CHAIR. THANK YOU. SENATOR ANY OTHER QUESTIONS? COMMENTS ABOUT THE BILL. BUT I DO THINK IN TERMS OF THE SITES WERE ON, YOU GROWING SITES THAT WOULD BE LIMITED. THE TRIBE, TRIBAL NATIONS HAVE THEIR WAY OF. >> ESTABLISHING HOW THEY WOULD WANT TO RUN THAT PARTICULAR PART OF THAT NIGHT ON THE SPILL TO ISN'T TOO MEANT TO ADDRESS ANY ABOUT.

SO I THINK. HAVING THE SAME ABILITIES AS OTHER MEDICAL CANNABIS PATIENTS TO BE ABLE TO TO TAKE 3RD THE PRODUCT AROUND THE STATE SAFELY IS IT SEEMS LIKE A REALLY IMPORTANT THING. SO I'M GLAD YOU'RE YOU'RE WORKING ON HOW TO MAKE SURE IT LINES UP WITH SENATE FILE 73 TO SOME. THAT'S GOOD. ANY OTHER QUESTIONS? THAT CENTER HALF THE MOTION IS RECOMMEND U.S. SENATE FILE 5.37. BE RECOMMENDED TO PASS AND BE REFERRED TO THE COMMITTEE ON JUDICIARY AND PUBLIC SAFETY. I CAN SEE HERE. HAPPY ABOUT THAT. BUT UNFORTUNATELY, IT PENALTIES HAS TO GO TO INTO THIS YEAR. I'M OKAY WITH THAT. TO DO TO THIS YEAR THAT I KNOW. CAN WE GET STACKED IN THE MANY BILLS THAT YEARS WAITING? SO THAT'S FINE. MADAM CHAIR, I I APPRECIATE >> IT'S ALWAYS A ALWAYS A MYSTERY WHERE THE BILL IS GOING NEXT.

BUT WITH THAT, I GUESS WE SHOULD PASS TO. WE REFER TO YOU. SHE AREA. BY ITSELF AND APPRECIATE YOUR COMMENTS. >> MEMBERS ON THAT ALL THOSE IN FAVOR. PLEASE SIGNIFY BY SAYING AYE, AYE. AYE. ANY OPPOSED. THE MOST AND DOES PREVAIL. THE BILL DOES PASS AND OF SENATE FILE 5.37. IS RECOMMENDED TO HE REFERRED TO THE COMMITTEE ON JUDICIARY AND PUBLIC SAFETY. THANK YOU, MADAM CHAIR MEMBERS SAYING, YOU KNOW, THANK YOU. THANK YOU FOR COMING TODAY. AND MEMBERS KNOW WITH NO OTHER WORK BEFORE US. THEIR MEETING IS ♪ ♪.

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