HF 2102

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to child labor; regulating the employment of
minors in establishments where smoking is permitted;
providing civil penalties; amending Minnesota Statutes
2004, section 181A.12, subdivision 1; proposing coding
for new law in Minnesota Statutes 2004, chapter 181A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [181A.117] PROHIBITED EMPLOYMENT IN
ESTABLISHMENTS WHERE SMOKING IS PERMITTED.
new text end

new text begin Subdivision 1. new text end [CITATION; CHILDREN'S FREEDOM TO BREATHE
ACT.] new text begin This section may be cited as the Minnesota Children's
Freedom to Breathe Act.
new text end

new text begin Subd. 2. new text end

new text begin Employment prohibited. new text end

new text begin No minor under the age
of 18 shall be employed in any establishment where smoking is
permitted during hours when smoking is permitted.
new text end

Sec. 2.

Minnesota Statutes 2004, section 181A.12,
subdivision 1, is amended to read:

Subdivision 1.

Fines; penalty.

Any employer who hinders
or delays the department or its authorized representative in the
performance of its duties under sections 181A.01 to 181A.12 or
refuses to admit the commissioner or an authorized
representative to any place of employment or refuses to make
certificates or lists available as required by sections 181A.01
to 181A.12, or otherwise violates any provisions of sections
181A.01 to 181A.12 or any rules issued pursuant thereto shall be
assessed a fine to be paid to the commissioner for deposit in
the general fund. The fine may be recovered in a civil action
in the name of the department brought in the district court of
the county where the violation is alleged to have occurred or
the district court where the commissioner has an office. Fines
are in the amounts as follows:

(a) employment of minors under the age of 14
(each employee) $ 500
(b) employment of minors under the age of 16
during school hours while school is in session
(each employee) 500
(c) employment of minors under the age of 16
before 7:00 a.m. (each employee) 500

(d) employment of minors under the age of 16
after 9:00 p.m. (each employee) 500
(e) employment of a high school student under
the age of 18 in violation of section 181A.04,
subdivision 6 (each employee) 1,000
(f) employment of minors under the age of 16
over eight hours a day (each employee) 500
(g) employment of minors under the age of 16
over 40 hours a week (each employee) 500
(h) employment of minors under the age of 18
in occupations hazardous or
detrimental to their well-being as defined
by rule (each employee) 1,000
(i) employment of minors under the age of 16
in occupations hazardous or
detrimental to their well-being as defined
by rule (each employee) 1,000

(j) minors under the age of 18 injured in
hazardous employment (each employee) 5,000
(k) minors employed without proof of age
(each employee) 250

new text begin (l) minors employed in establishments where
smoking is permitted during hours
when smoking is permitted new text end new text begin 1,000
new text end

An employer who refuses to make certificates or lists
available as required by sections 181A.01 to 181A.12 shall be
assessed a $500 fine.

Sec. 3. new text begin EFFECT ON RULES.
new text end

new text begin The commissioner of labor and industry shall amend
Minnesota Rules, part 5200.0910, to conform to section 1. The
commissioner may use the good cause exemption in Minnesota
Statutes, section 14.388, in adopting the amendment required by
this section.
new text end