HF 2461

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to smoking; prohibiting tobacco 
  1.3             advertisements and promotions in areas frequented by 
  1.4             youth; prohibiting smoking in workplaces; providing 
  1.5             for smoke-free areas in multitenant buildings; 
  1.6             providing that the deposit of partially burned 
  1.7             cigarettes is littering; providing penalties; amending 
  1.8             Minnesota Statutes 1998, sections 85.20, subdivision 
  1.9             6; 169.42, subdivision 1; 169.421, subdivision 3; 
  1.10            144.413, subdivision 2; 144.414, subdivision 1, and by 
  1.11            adding a subdivision; 144.415; and 609.68; proposing 
  1.12            coding for new law in Minnesota Statutes, chapters 
  1.13            144; and 325E. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15                             ARTICLE 1
  1.16                           INDOOR SMOKING
  1.17     Section 1.  Minnesota Statutes 1998, section 144.413, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [PUBLIC PLACE.] "Public place" means any 
  1.20  enclosed, indoor area used by the general public or serving as a 
  1.21  place of work, including, but not limited to, restaurants, 
  1.22  retail stores, offices and other commercial establishments, 
  1.23  public conveyances, educational facilities other than public 
  1.24  schools, as defined in section 120A.05, subdivision 9, 
  1.25  hospitals, nursing homes, auditoriums, arenas, meeting rooms, 
  1.26  and common areas of rental apartment buildings, but excluding 
  1.27  private, enclosed offices occupied exclusively by smokers even 
  1.28  though such offices may be visited by nonsmokers. 
  1.29     Sec. 2.  Minnesota Statutes 1998, section 144.414, 
  2.1   subdivision 1, is amended to read: 
  2.2      Subdivision 1.  [PUBLIC PLACES.] No person shall smoke in a 
  2.3   public place or at a public meeting except in designated smoking 
  2.4   areas.  This prohibition does not apply in cases in which an 
  2.5   entire room or hall is used for a private social function and 
  2.6   seating arrangements are under the control of the sponsor of the 
  2.7   function and not of the proprietor or person in charge of the 
  2.8   place.  Furthermore, this prohibition shall not apply to 
  2.9   factories, warehouses, and similar places of work not usually 
  2.10  frequented by the general public, except that the state 
  2.11  commissioner of health shall establish rules to restrict or 
  2.12  prohibit smoking in those places of work where the close 
  2.13  proximity of workers or the inadequacy of ventilation causes 
  2.14  smoke pollution detrimental to the health and comfort of 
  2.15  nonsmoking employees that persons may smoke in the designated 
  2.16  smoking areas of bars and restaurants. 
  2.17     Sec. 3.  Minnesota Statutes 1998, section 144.414, is 
  2.18  amended by adding a subdivision to read: 
  2.19     Subd. 4.  [SMOKE-FREE DESIGNATION IN MULTITENANT 
  2.20  BUILDINGS.] (a) In any multitenant building having a common 
  2.21  heating, ventilating, or air conditioning (HVAC) system serving 
  2.22  more than one occupant, the building owner or lessor may 
  2.23  designate the parts of the building served by the common system 
  2.24  as smoke-free.  The area designated smoke-free must include all 
  2.25  areas served by the common system, except that (1) any area 
  2.26  subject to exemption pursuant to paragraph (b) need not be 
  2.27  included; and (2) any area may be excluded from the designation 
  2.28  with the consent of all other occupants.  No occupant of a 
  2.29  multitenant building shall designate a smoking area in a place 
  2.30  designated by the owner or lessor as smoke-free. 
  2.31     (b) If an occupant's lease agreement explicitly provides 
  2.32  that smoking is permitted in the tenant's leasehold, then that 
  2.33  leasehold is exempt from any smoke-free designation by the 
  2.34  building owner or lessor.  In such a leasehold, the occupant has 
  2.35  the same rights and obligations with respect to designation of 
  2.36  smoking areas that the occupant would otherwise have under this 
  3.1   section. 
  3.2      Sec. 4.  Minnesota Statutes 1998, section 144.415, is 
  3.3   amended to read: 
  3.4      144.415 [DESIGNATION OF SMOKING AREAS.] 
  3.5      Smoking areas may be designated by proprietors or other 
  3.6   persons in charge of public places bars and restaurants, except 
  3.7   in places in which smoking is prohibited by the fire marshal or 
  3.8   by other law, ordinance or rule. 
  3.9      Where smoking areas are designated, existing physical 
  3.10  barriers and ventilation systems shall be used to minimize the 
  3.11  toxic effect of smoke in adjacent nonsmoking areas.  In the case 
  3.12  of public places consisting of a single room, the provisions of 
  3.13  this law shall be considered met if one side of the room is 
  3.14  reserved and posted as a no smoking area those areas must meet 
  3.15  the standards for smoke containment established by the 
  3.16  commissioner pursuant to section 144.4155.  No public place 
  3.17  other than a bar or restaurant shall be designated as a smoking 
  3.18  area in its entirety.  If a bar is designated as a smoking area 
  3.19  in its entirety, this designation shall be posted conspicuously 
  3.20  on all entrances normally used by the public.  
  3.21     Sec. 5.  [144.4151] [EMPLOYEE RIGHTS IN SMOKING AREAS.] 
  3.22     No employer may assign an employee to enter a designated 
  3.23  smoking area unless the employer informs the employee that the 
  3.24  area is a designated smoking area and that the employee is not 
  3.25  required to enter it, and unless the employee gives the 
  3.26  employee's consent after the disclosure.  No employer may 
  3.27  terminate the employment of an employee, alter the hours worked 
  3.28  or wage received by an employee, or otherwise retaliate against 
  3.29  the employee based on the employee's refusal to enter the 
  3.30  designated smoking area. 
  3.31     Sec. 6.  [144.4155] [STANDARDS FOR SMOKE CONTAINMENT.] 
  3.32     The commissioner shall, by rule, establish standards for 
  3.33  the creation of smoking areas that will ensure that persons 
  3.34  outside the designated smoking areas are not exposed to tobacco 
  3.35  smoke.  These standards may include barrier requirements, 
  3.36  ventilation requirements, limits on the size of a designated 
  4.1   smoking area, requirements related to entrances and exits to and 
  4.2   from a designated smoking area, and any other requirements the 
  4.3   commissioner deems necessary. 
  4.4      The standards established pursuant to this section must, at 
  4.5   a minimum, require physical barriers separating a designated 
  4.6   smoking area from the rest of an establishment and must require 
  4.7   that those physical barriers completely enclose the smoking area.
  4.8                              ARTICLE 2
  4.9                       ADVERTISING RESTRICTIONS
  4.10     Section 1.  [325E.255] [DEFINITIONS.] 
  4.11     Subdivision 1.  [TERMS.] For the purposes of sections 
  4.12  325E.255 to 325E.258, the following terms have the meanings 
  4.13  given them. 
  4.14     Subd. 2.  [CHILD CARE CENTER.] "Child care center" means 
  4.15  any establishment licensed or required to be licensed under 
  4.16  Minnesota Rules, parts 9503.0005 to 9503.0175. 
  4.17     Subd. 3.  [CHILDREN'S INSTITUTION.] "Children's institution"
  4.18  means a secure detention facility as defined in section 260.015, 
  4.19  subdivision 16, or a shelter care facility as defined in section 
  4.20  260.015, subdivision 17. 
  4.21     Subd. 4.  [PLAYGROUND.] "Playground" means an outdoor area 
  4.22  open to the public where children play which contains play 
  4.23  equipment such as a sliding board, swing, jungle gym, sandbox, 
  4.24  or seesaw, or which is designated as a public play area, or 
  4.25  which includes, but is not limited to, a baseball diamond or 
  4.26  basketball courts. 
  4.27     Subd. 5.  [PUBLICLY VISIBLE LOCATION.] "Publicly visible 
  4.28  location" means a location visible from a public street, 
  4.29  sidewalk, highway, or park and includes outdoor billboards, 
  4.30  exteriors of buildings, windows and doors reasonably visible to 
  4.31  the public at a distance of two feet, freestanding signboards, 
  4.32  bus shelters, bus benches, and public buses. 
  4.33     Subd. 6.  [SCHOOL PROPERTY.] "School property" means a 
  4.34  public or private elementary, middle, or secondary school 
  4.35  building and its grounds, whether leased or owned by the school. 
  4.36     Subd. 7.  [TOBACCO ADVERTISEMENT.] "Tobacco advertisement" 
  5.1   means any words, pictures, posters, placards, signs, 
  5.2   photographs, symbols, devices, graphic displays or visual images 
  5.3   of any kind, or any combination thereof, the purpose or effect 
  5.4   of which is to promote the use or sale of a tobacco product 
  5.5   including through the identification of a brand of a tobacco 
  5.6   product, a trademark of a tobacco product, or a trade name 
  5.7   associated exclusively with a tobacco product. 
  5.8      Subd. 8.  [TOBACCO PRODUCT PROMOTION.] "Tobacco product 
  5.9   promotion" means: 
  5.10     (1) the marketing, licensing, sale or distribution of items 
  5.11  or services, or causing items or services to be marketed, 
  5.12  licensed, sold or distributed, whether indoors or outdoors, 
  5.13  which are not tobacco products but which bear the brand name, 
  5.14  alone or in conjunction with any word, logo, symbol, motto, 
  5.15  selling message, recognizable color or pattern of colors, or any 
  5.16  other indicia of product identification identical or similar to, 
  5.17  or identifiable with, those used for any brand of tobacco 
  5.18  product; or 
  5.19     (2) offering or causing to be offered any gift or item 
  5.20  other than a tobacco product to any person purchasing a tobacco 
  5.21  product in consideration of the purchase thereof, or to any 
  5.22  person in consideration of furnishing evidence, such as credits, 
  5.23  proofs-of-purchase, or coupons, of such purchase. 
  5.24     Subd. 9.  [YOUTH CENTER.] "Youth center" means any 
  5.25  designated indoor public, private, or parochial facility, other 
  5.26  than a private residence or a multiple dwelling unit, which 
  5.27  contains programs which provide, on a regular basis, activities 
  5.28  or services for persons who have not yet reached the age of 18 
  5.29  years, including, but not limited to, community-based programs, 
  5.30  after-school programs, weekend programs, violence prevention 
  5.31  programs, leadership development programs, vocational programs, 
  5.32  substance abuse prevention programs, individual or group 
  5.33  counseling, case management, remedial, tutorial, or other 
  5.34  educational assistance or enrichment, music, art, dance and 
  5.35  other recreational or cultural activities, physical fitness 
  5.36  activities, and sports programs.  
  6.1      Sec. 2.  [325E.256] [TOBACCO ADVERTISEMENT RESTRICTION.] 
  6.2      Subdivision 1.  [SCHOOLS AND PLAYGROUNDS.] No person shall 
  6.3   place, cause to be placed, or maintain a tobacco advertisement 
  6.4   in any publicly visible location on or within 1,000 feet of the 
  6.5   perimeter of any school property, playground, or playground area 
  6.6   in a public park. 
  6.7      Subd. 2.  [CHILD OR YOUTH CENTERS.] No person shall place, 
  6.8   cause to be placed, or maintain a tobacco advertisement in any 
  6.9   publicly visible location on or within 1,000 feet of the 
  6.10  perimeter of any child care center, children's institution, or 
  6.11  youth center. 
  6.12     Subd. 3.  [COMPLIANCE.] The owner, operator, or lessee of 
  6.13  any location or premises where a tobacco advertisement is 
  6.14  prohibited or restricted pursuant to the requirements of this 
  6.15  section shall remove any noncompliant advertisement within 30 
  6.16  days of the final enactment of this section. 
  6.17     Sec. 3.  [325E.257] [TOBACCO PROMOTION RESTRICTION.] 
  6.18     Subdivision 1.  [SCHOOLS, PLAYGROUNDS, AND CHILD CARE 
  6.19  CENTERS.] No person shall conduct a tobacco product promotion on 
  6.20  or within 1,000 feet of the perimeter of any school property, 
  6.21  playground, child care center, children's institution, or youth 
  6.22  center. 
  6.23     Subd. 2.  [COUPON DISTRIBUTION.] No person shall conduct a 
  6.24  tobacco product promotion at any location in Minnesota, except 
  6.25  that a person may distribute coupons for tobacco products in 
  6.26  conformance with Code of Federal Regulations, section 897.32, if 
  6.27  the coupons are: 
  6.28     (1) indoors, affixed to packaging of products sold to 
  6.29  adults; or 
  6.30     (2) indoors or outdoors, in publications including, but not 
  6.31  limited to, newspapers, magazines, periodicals, or other 
  6.32  publications. 
  6.33     Sec. 4.  [325E.258] [CIVIL PENALTIES.] 
  6.34     A person who violates the provisions of sections 325E.255 
  6.35  to 325E.257 is subject to the penalties and remedies of section 
  6.36  8.31. 
  7.1                              ARTICLE 3
  7.2                              LITTERING
  7.3      Section 1.  Minnesota Statutes 1998, section 85.20, 
  7.4   subdivision 6, is amended to read: 
  7.5      Subd. 6.  [LITTERING; PENALTY.] (a) No person shall drain, 
  7.6   throw, or deposit upon the lands and waters within a state park 
  7.7   any substance, including partially burned cigarettes, that would 
  7.8   mar the appearance, create a stench, destroy the cleanliness or 
  7.9   safety of the land, or would be likely to injure any animal, 
  7.10  vehicle, or person traveling upon those lands and waters.  The 
  7.11  operator of a vehicle or watercraft, except a school bus or a 
  7.12  vehicle transporting passengers for hire and regulated by the 
  7.13  interstate commerce commission, shall not permit articles to be 
  7.14  thrown or discarded from the vehicle upon any lands or waters 
  7.15  within a state park.  
  7.16     (b) Violation of this subdivision is a misdemeanor.  Any 
  7.17  person sentenced under this subdivision shall in lieu of the 
  7.18  sentence imposed be permitted, under terms established by the 
  7.19  court, to work under the direction of the department of natural 
  7.20  resources at clearing rubbish, trash, and debris from any state 
  7.21  park.  The court may for any violation of this subdivision order 
  7.22  the offender to perform such work under terms established by the 
  7.23  court with the option of a jail sentence being imposed.  
  7.24     (c) In lieu of enforcement under paragraph (b), this 
  7.25  subdivision may be enforced by imposition of a civil penalty and 
  7.26  an action for damages for littering under section 115A.99. 
  7.27     Sec. 2.  Minnesota Statutes 1998, section 169.42, 
  7.28  subdivision 1, is amended to read: 
  7.29     Subdivision 1.  [DANGEROUS OBJECT ON HIGHWAY.] No person 
  7.30  shall throw, deposit, place or dump, or cause to be thrown, 
  7.31  deposited, placed or dumped upon any street or highway or upon 
  7.32  any public or privately owned land adjacent thereto without the 
  7.33  owner's consent any snow, ice, glass bottle, glass, nails, 
  7.34  tacks, wire, cans, garbage, swill, papers, ashes, partially 
  7.35  burned cigarettes, refuse, carcass of any dead animal, offal, 
  7.36  trash or rubbish or any other form of offensive matter or any 
  8.1   other substance likely to injure any person, animal or vehicle 
  8.2   upon any such street or highway. 
  8.3      Sec. 3.  Minnesota Statutes 1998, section 169.421, 
  8.4   subdivision 3, is amended to read: 
  8.5      Subd. 3.  [CIVIL LIABILITY IMPOSED.] If any solid waste, 
  8.6   including litter, glass, nails, tacks, wire, cans, bottles, 
  8.7   garbage, papers, refuse, trash, partially burned cigarettes, or 
  8.8   any form of offensive matter is thrown, deposited, placed, or 
  8.9   dumped from a vehicle upon any street or highway, public land, 
  8.10  or upon private land without the consent of the owner of the 
  8.11  land, a violation of this subdivision occurs and civil liability 
  8.12  is imposed upon the owner of the vehicle.  The driver and 
  8.13  passengers riding in a vehicle are constituted as the agents of 
  8.14  the owner of the vehicle for purposes of this subdivision.  It 
  8.15  is a defense to any action brought pursuant to this section that 
  8.16  the vehicle was stolen.  This section is not applicable to the 
  8.17  owner of a vehicle transporting persons for hire or transporting 
  8.18  school children.  
  8.19     Sec. 4.  Minnesota Statutes 1998, section 609.68, is 
  8.20  amended to read: 
  8.21     609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 
  8.22     Whoever unlawfully deposits garbage, rubbish, partially 
  8.23  burned cigarettes, offal, or the body of a dead animal, or other 
  8.24  litter in or upon any public highway, public waters or the ice 
  8.25  thereon, shoreland areas adjacent to rivers or streams as 
  8.26  defined by section 103F.205, public lands, or, without the 
  8.27  consent of the owner, private lands or water or ice thereon, is 
  8.28  guilty of a misdemeanor.