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Minnesota Legislature

Office of the Revisor of Statutes

HF 331

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2019 12:55pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; adding charter schools to the prohibition of tobacco in schools;
increasing the tobacco sale age; increasing administrative penalties; allowing
alternative penalties; amending Minnesota Statutes 2018, sections 144.4165;
144.4167, subdivision 4; 171.171; 461.12, subdivisions 2, 3, 4, 5, 6; 461.18;
609.685; 609.6855; proposing coding for new law in Minnesota Statutes, chapter
461.

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

Section 1.

Minnesota Statutes 2018, section 144.4165, is amended to read:


144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.

No person shall at any time smoke, chew, or otherwise ingest tobacco deleted text beginor a tobacco
product
deleted text end, or inhale or exhale new text beginaerosol or new text endvapor from an electronic delivery device as defined
in section 609.685, subdivision 1, in a public school, as defined in section 120A.05,
subdivisions 9, 11, and 13
, deleted text beginand no person under the age of 18 shall possess any of these
items
deleted text endnew text begin or in a charter school, as defined in section 124E.03, subdivision 2new text end. This prohibition
extends to all facilities, whether owned, rented, or leased, and all vehicles that a school
district owns, leases, rents, contracts for, or controls. Nothing in this section shall prohibit
the lighting of tobacco by an adult as a part of a traditional Indian spiritual or cultural
ceremony. For purposes of this section, an Indian is a person who is a member of an Indian
tribe as defined in section 260.755new text begin,new text end subdivision 12.

Sec. 2.

Minnesota Statutes 2018, section 144.4167, subdivision 4, is amended to read:


Subd. 4.

Tobacco products shop.

Sections 144.414 to 144.417 do not prohibit the
lightingnew text begin, heating, or activationnew text end of tobacco in a tobacco products shop by a customer or
potential customer for the specific purpose of sampling tobacco products. For the purposes
of this subdivision, a tobacco products shop is a retail establishment deleted text beginwithdeleted text endnew text begin that cannot be
entered at any time by persons younger than 21 years of age that has
new text end an entrance door
opening directly to the outsidenew text begin, and new text endthat derives more than 90 percent of its gross revenue
from the sale of deleted text beginloosedeleted text end tobacco, deleted text beginplants, or herbs and cigars, cigarettes, pipes, and other
smoking devices for burning tobacco and related smoking accessories
deleted text endnew text begin tobacco-related
devices, and electronic delivery devices, as defined in section 609.685,
new text end and in which the
sale of other products is merely incidental. "Tobacco products shop" does not include a
tobacco department or section of any individual business establishment with any type of
liquor, food, or restaurant license.

Sec. 3.

Minnesota Statutes 2018, section 171.171, is amended to read:


171.171 SUSPENSION; ILLEGAL PURCHASE OF ALCOHOL OR TOBACCO.

The commissioner shall suspend for a period of 90 days the license of a person who:

(1) is under the age of 21 years and is convicted of purchasing or attempting to purchase
an alcoholic beverage in violation of section 340A.503 if the person used a license, Minnesota
identification card, or any type of false identification to purchase or attempt to purchase the
alcoholic beverage;

(2) is convicted under section 171.22, subdivision 1, clause (2), or 340A.503, subdivision
2
, clause (3), of lending or knowingly permitting a person under the age of 21 years to use
the person's license, Minnesota identification card, or other type of identification to purchase
or attempt to purchase an alcoholic beverage;new text begin or
new text end

deleted text begin (3) is under the age of 18 years and is found by a court to have committed a petty
misdemeanor under section 609.685, subdivision 3, if the person used a license, Minnesota
identification card, or any type of false identification to purchase or attempt to purchase the
tobacco product; or
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end is convicted under section 171.22, subdivision 1, clause (2), of lending or
knowingly permitting a person under the age of deleted text begin18deleted text endnew text begin 21new text end years to use the person's license,
Minnesota identification card, or other type of identification to purchase or attempt to
purchase deleted text begina tobacco productdeleted text endnew text begin tobacco, a tobacco-related device, an electronic delivery device,
as defined in section 609.685, subdivision 1; or a nicotine or lobelia delivery product, as
described in section 609.6855, subdivision 1
new text end.

Sec. 4.

Minnesota Statutes 2018, section 461.12, subdivision 2, is amended to read:


Subd. 2.

Administrative penaltiesnew text begin for sales and furnishingnew text end; licensees.

If a licensee or
employee of a licensee sellsnew text begin, gives, or otherwise furnishesnew text end tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products to a person under the
age of deleted text begin18deleted text endnew text begin 21new text end years, or violates any other provision of this chapter, the licensee shall be
charged an administrative penalty of deleted text begin$75deleted text endnew text begin $300 for the first violationnew text end. An administrative
penalty of deleted text begin$200deleted text endnew text begin $600new text end must be imposed for a second violation at the same location within
deleted text begin 24deleted text endnew text begin 36new text end months after the initial violation. For a third new text beginor any subsequent new text endviolation at the same
location within deleted text begin24deleted text endnew text begin 36new text end months after the initial violation, an administrative penalty of deleted text begin$250deleted text endnew text begin
$1,000
new text end must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products at that location must be
suspended for not less than seven daysnew text begin and may be revokednew text end. No suspensionnew text begin, revocation,new text end or
new text begin other new text endpenalty may take effect until the licensee has received notice, served personally or by
mail, of the alleged violation and an opportunity for a hearing before a person authorized
by the licensing authority to conduct the hearing. A decision that a violation has occurred
must be in writing.

Sec. 5.

Minnesota Statutes 2018, section 461.12, subdivision 3, is amended to read:


Subd. 3.

Administrative penaltynew text begin for sales and furnishingnew text end; individuals.

An individual
who sellsnew text begin, gives, or otherwise furnishesnew text end tobacco, tobacco-related devices, electronic delivery
devices, or nicotine or lobelia delivery products to a person under the age of deleted text begin18deleted text endnew text begin 21new text end years
deleted text begin mustdeleted text endnew text begin maynew text end be charged an administrative penalty of $50. No penalty may be imposed until
the individual has received notice, served personally or by mail, of the alleged violation
and an opportunity for a hearing before a person authorized by the licensing authority to
conduct the hearing. A decision that a violation has occurred must be in writing.

Sec. 6.

Minnesota Statutes 2018, section 461.12, subdivision 4, is amended to read:


Subd. 4.

deleted text beginMinorsdeleted text endnew text begin Alternative penalties for use of false identification; persons under
age 21
new text end.

The licensing authority shall consult with interested new text beginpersons, as applicable, including
but not limited to
new text endeducators, parents, deleted text beginchildrendeleted text endnew text begin guardians, persons under the age of 21 yearsnew text end,
and representatives of the court system to develop alternative penalties for deleted text beginminorsdeleted text endnew text begin persons
under the age of 21 years
new text end who purchase, deleted text beginpossess, and consumedeleted text endnew text begin or attempt to purchase,new text end
tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
productsnew text begin using a driver's license, permit, Minnesota identification card, or any other type
of false identification to misrepresent the person's age, in violation of section 609.685 or
609.6855
new text end. The licensing authority and the interested persons shall consider a variety of
new text begin nonmonetary civil new text endoptions, including, but not limited to, deleted text begintobacco freedeleted text endnew text begin tobacco-freenew text end educationnew text begin;
tobacco-cessation
new text end programsdeleted text begin,deleted text endnew text begin;new text end notice to schoolsdeleted text begin,deleted text endnew text begin andnew text end parents, new text beginor guardians; new text endcommunity
servicedeleted text begin,deleted text endnew text begin;new text end and deleted text beginotherdeleted text end court diversion programs.

Sec. 7.

Minnesota Statutes 2018, section 461.12, subdivision 5, is amended to read:


Subd. 5.

Compliance checks.

new text begin(a) new text endA licensing authority shall conduct unannounced
compliance checks at least once each calendar year at each location where tobacco,
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
are sold to test compliance with sections 609.685 and 609.6855. Compliance checks must
involve deleted text beginminorsdeleted text endnew text begin personsnew text end over the age of deleted text begin15deleted text endnew text begin 16new text end, but under the age of deleted text begin18deleted text endnew text begin 21new text end, who, with the
prior written consent of a parent or guardiannew text begin if the person is under the age of 18new text end, attempt to
purchase tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia
delivery products under the direct supervision of a law enforcement officer or an employee
of the licensing authority.

new text begin (b) A licensing authority must report to the commissioner of human services each
violation found in retail compliance checks under paragraph (a) within 30 days from the
date of the inspection.
new text end

Sec. 8.

Minnesota Statutes 2018, section 461.12, subdivision 6, is amended to read:


Subd. 6.

Defense.

It is an affirmative defense to the charge of selling tobacco,
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
to a person under the age of deleted text begin18deleted text endnew text begin 21new text end years in violation of subdivision 2 or 3 that the licensee
or individual making the sale relied in good faith upon proof of age as described in section
340A.503, subdivision 6.

Sec. 9.

Minnesota Statutes 2018, section 461.18, is amended to read:


461.18 BAN ON SELF-SERVICE deleted text beginSALE OF PACKSdeleted text endnew text begin SALESnew text end; EXCEPTIONS.

Subdivision 1.

Except in deleted text beginadult-onlydeleted text end facilitiesnew text begin for persons 21 years of age and oldernew text end.

(a)
No person shall offer for sale tobacco or tobacco-related devices, or electronic delivery
devices as defined in section 609.685, subdivision 1, or nicotine or lobelia delivery products
as described in section 609.6855, in open displays which are accessible to the public without
the intervention of a store employee.

deleted text begin (b) [Expired August 28, 1997]
deleted text end

deleted text begin (c) [Expired]
deleted text end

deleted text begin (d)deleted text endnew text begin (b)new text end This subdivision shall not apply to retail stores deleted text beginwhichdeleted text endnew text begin that have an entrance door
opening directly to the outside and that
new text end derive at least 90 percent of their new text begingross new text endrevenue from
tobacco deleted text beginanddeleted text endnew text begin,new text end tobacco-related devicesnew text begin, and electronic delivery devices as defined in section
609.685, subdivision 1,
new text end and where the retailer ensures that no person deleted text beginyounger than 18 years
of age
deleted text endnew text begin under the age of 21 years new text endis present, or permitted to enter, at any time.

Subd. 2.

Vending machine sales prohibited.

No person shall sell tobacco products,
electronic delivery devices, or nicotine or lobelia delivery products from vending machines.
This subdivision does not apply to vending machines in facilities that cannot be entered at
any time by persons deleted text beginyounger than 18deleted text endnew text begin under the age of 21new text end years deleted text beginof agedeleted text end.

Subd. 3.

Federal regulations for cartons, multipacks.

Code of Federal Regulations,
title 21, part deleted text begin897.16(c)deleted text endnew text begin 1140.16(c)new text end, new text beginas amended by Code of Federal Regulations, volume
81, number 90 (May 10, 2016), and as otherwise amended from time to time,
new text endis incorporated
by reference with respect to cartons and other multipack units.

Sec. 10.

new text begin [461.22] AGE VERIFICATION AND SIGNAGE REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Signage. new text end

new text begin At each location where tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products are sold, the licensee
shall display a sign in plain view to provide public notice that selling any of these products
to any person under the age of 21 is illegal and subject to penalties. The notice shall be
placed in a conspicuous location in the licensed establishment and shall be readily visible
to any person who is purchasing or attempting to purchase these products. The sign shall
provide notice that all persons responsible for selling these products must verify, by means
of photographic identification containing the bearer's date of birth, the age of any person
under 30 years of age.
new text end

new text begin Subd. 2. new text end

new text begin Age verification. new text end

new text begin At each location where tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products are sold, the licensee
shall verify, by means of government-issued photographic identification containing the
bearer's date of birth, that the purchaser or person attempting to make the purchase is at
least 21 years of age. Verification is not required if the purchaser or person attempting to
make the purchase is 30 years of age or older. It shall not constitute a defense to a violation
of this subdivision that the person appeared to be 30 years of age or older.
new text end

Sec. 11.

Minnesota Statutes 2018, section 609.685, is amended to read:


609.685 SALE OF TOBACCO TO deleted text beginCHILDRENdeleted text endnew text begin PERSONS UNDER AGE 21new text end.

Subdivision 1.

Definitions.

For the purposes of this section, the following terms shall
have the meanings respectively ascribed to them in this section.

(a) "Tobacco" means cigarettes and any product containing, made, or derived from
tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies;
perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff;
snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts;
refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of
tobacco. Tobacco excludes any tobacco product that has been approved by the United States
Food and Drug Administration for sale as a tobacco-cessation product, as a
tobacco-dependence product, or for other medical purposes, and is being marketed and sold
solely for such an approved purpose.

(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or other
devices intentionally designed or intended to be used in a manner which enables the chewing,
sniffing, smoking, or inhalation of deleted text beginvaporsdeleted text end new text beginaerosol or vapor new text endof tobacco or tobacco products.
Tobacco-related devices include components of tobacco-related devices which may be
marketed or sold separately.

(c) "Electronic delivery device" means any product containing or delivering nicotine,
lobelia, or any other substancenew text begin, whether natural or synthetic,new text end intended for human consumption
deleted text begin that can be used by a person to simulate smoking in the delivery of nicotine or any other
substance
deleted text end through inhalation of new text beginaerosol or new text endvapor from the product. new text beginElectronic delivery
devices includes but is not limited to devices manufactured, marketed, or sold as electric
cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any
other product name or descriptor.
new text endElectronic delivery device includes any component part
of a product, whether or not marketed or sold separately. Electronic delivery device does
not include any product that has been approved or certified by the United States Food and
Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
product, or for other medical purposes, and is marketed and sold for such an approved
purpose.

Subd. 1a.

Penalty to sellnew text begin or furnishnew text end.

(a) deleted text beginWhoeverdeleted text end new text beginAny person 21 years of age or older
who
new text endsellsnew text begin, gives, or otherwise furnishesnew text end tobacco, tobacco-related devices, or electronic
delivery devices to a person under the age of deleted text begin18deleted text endnew text begin 21new text end years is guilty of a new text beginpetty new text endmisdemeanor
for the first violation. Whoever violates this subdivision a subsequent time within five years
of a previous conviction under this subdivision is guilty of a deleted text begingrossdeleted text end misdemeanor.

(b) It is an affirmative defense to a charge under this subdivision if the defendant proves
by a preponderance of the evidence that the defendant reasonably and in good faith relied
on proof of age as described in section 340A.503, subdivision 6.

Subd. 2.

deleted text beginOther offensesdeleted text endnew text begin Use of false identificationnew text end.

deleted text begin (a) Whoever furnishes tobacco,
tobacco-related devices, or electronic delivery devices to a person under the age of 18 years
is guilty of a misdemeanor for the first violation. Whoever violates this paragraph a
subsequent time is guilty of a gross misdemeanor.
deleted text end

deleted text begin (b)deleted text end A person under the age of deleted text begin18deleted text endnew text begin 21new text end years who purchases or attempts to purchase tobacco,
tobacco-related devices, or electronic delivery devices and who uses a driver's license,
permit, Minnesota identification card, or any type of false identification to misrepresent the
person's age, deleted text beginis guilty of a misdemeanordeleted text endnew text begin shall only be subject to a nonmonetary, alternative
civil penalty, in accordance with subdivision 2a
new text end.

new text begin Subd. 2a. new text end

new text begin Alternative penalties. new text end

new text begin Law enforcement and court system representatives
shall consult, as applicable, with interested persons, including but not limited to parents,
guardians, educators, and persons under the age of 21 years, to develop alternative penalties
for persons under the age of 21 years who violate any subdivision of this section. Consulting
participants shall consider a variety of options including but not limited to tobacco-free
education programs, community service, and tobacco-cessation programs, and for persons
under the age of 18 years, notice to schools and parents or guardians, and county diversion
programs.
new text end

deleted text begin Subd. 3. deleted text end

deleted text begin Petty misdemeanor. deleted text end

deleted text begin Except as otherwise provided in subdivision 2, whoever
possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco,
tobacco-related devices, or electronic delivery devices and is under the age of 18 years is
guilty of a petty misdemeanor.
deleted text end

Subd. 4.

Effect on local ordinances.

Nothing in subdivisions 1 to deleted text begin3deleted text endnew text begin 2anew text end shall supersede
or preclude the continuation or adoption of any local ordinance which provides for more
stringent regulation of the subject matter in subdivisions 1 to deleted text begin3deleted text endnew text begin 2anew text end.

Subd. 5.

Exceptions.

(a) Notwithstanding subdivision deleted text begin2deleted text endnew text begin 1anew text end, an Indian may furnish
tobacco to an Indian under the age of deleted text begin18deleted text endnew text begin 21new text end years if the tobacco is furnished as part of a
traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian
is a person who is a member of an Indian tribe as defined in section 260.755, subdivision
12
.

(b) The penalties in this section do not apply to a person under the age of deleted text begin18deleted text endnew text begin 21new text end years
who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic
delivery devices while under the direct supervision of a responsible adult for training,
education, research, or enforcement purposes.

Subd. 6.

Seizure of false identification.

A deleted text beginretailerdeleted text endnew text begin licenseenew text end may seize a form of
identification listed in section 340A.503, subdivision 6, if the deleted text beginretailerdeleted text endnew text begin licenseenew text end has reasonable
grounds to believe that the form of identification has been altered or falsified or is being
used to violate any law. A deleted text beginretailerdeleted text endnew text begin licenseenew text end that seizes a form of identification as authorized
under this subdivision shall deliver it to a law enforcement agency within 24 hours of seizing
it.

Sec. 12.

Minnesota Statutes 2018, section 609.6855, is amended to read:


609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO deleted text beginCHILDRENdeleted text endnew text begin
PERSONS UNDER AGE 21
new text end.

Subdivision 1.

Penalty to sellnew text begin or furnishnew text end.

(a) deleted text beginWhoeverdeleted text end new text beginAny person 21 years of age or
older who
new text endsellsnew text begin, gives, or otherwise furnishesnew text end to a person under the age of deleted text begin18deleted text endnew text begin 21new text end years a
product containing or delivering nicotine or lobelia intended for human consumption, or
any part of such a product, that is not tobacco or an electronic delivery device as defined
by section 609.685, is guilty of a new text beginpetty new text endmisdemeanor for the first violation. Whoever violates
this subdivision a subsequent time within five years of a previous conviction under this
subdivision is guilty of a deleted text begingrossdeleted text end misdemeanor.

(b) It is an affirmative defense to a charge under this subdivision if the defendant proves
by a preponderance of the evidence that the defendant reasonably and in good faith relied
on proof of age as described in section 340A.503, subdivision 6.

(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or lobelia
intended for human consumption, new text beginwhether natural or synthetic, new text endor any part of such a product,
that is not tobacco or an electronic delivery device as defined by section 609.685, may be
sold to persons under the age of deleted text begin18deleted text endnew text begin 21new text end if the product deleted text beginhas been approved or otherwise certified
for legal sale by the United States Food and Drug Administration for tobacco use cessation,
harm reduction, or for other medical purposes, and is being marketed and sold solely for
that approved purpose
deleted text endnew text begin is a drug, device, or combination product authorized for sale by the
United States Food and Drug Administration, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act
new text end.

Subd. 2.

deleted text beginOther offensedeleted text endnew text begin Use of false identificationnew text end.

A person under the age of deleted text begin18deleted text endnew text begin 21new text end
years who purchases or attempts to purchase a product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco
or an electronic delivery device as defined by section 609.685, and who uses a driver's
license, permit, Minnesota identification card, or any type of false identification to
misrepresent the person's age, deleted text beginis guilty of a misdemeanordeleted text endnew text begin shall only be subject to a
nonmonetary civil penalty. No penalty shall apply to a person under the age of 21 years
who purchases or attempts to purchase these products while under the direct supervision of
a responsible adult for training, education, research, or enforcement purposes
new text end.

Subd. 3.

deleted text beginPetty misdemeanordeleted text endnew text begin Alternative penaltiesnew text end.

deleted text beginExcept as otherwise provided in
subdivisions 1 and 2, whoever is under the age of 18 years and possesses, purchases, or
attempts to purchase a product containing or delivering nicotine or lobelia intended for
human consumption, or any part of such a product, that is not tobacco or an electronic
delivery device as defined by section 609.685, is guilty of a petty misdemeanor.
deleted text end new text beginLaw
enforcement and court system representatives shall consult, if applicable, with interested
persons, including but not limited to parents, guardians, educators, and persons under the
age of 21 years, to develop alternative penalties for persons under the age of 21 years who
violate any subdivision of this section. Consulting participants shall consider a variety of
options including but not limited to tobacco-free education programs, community service,
and tobacco-cessation programs, and for persons under the age of 18 years, notice to schools
and parents or guardians, and court diversion programs.
new text end