HF 3693

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to tobacco; increasing the tobacco tax and 
  1.3             reducing taxes on hospitals, surgical centers, 
  1.4             providers, and wholesale drug distributors; 
  1.5             prohibiting tobacco advertisements and promotions in 
  1.6             areas frequented by youth; prohibiting smoking in 
  1.7             workplaces; providing that the deposit of partially 
  1.8             burned cigarettes is littering; prescribing civil and 
  1.9             criminal penalties; amending Minnesota Statutes 1996, 
  1.10            sections 85.20, subdivision 6; 144.413, subdivision 2; 
  1.11            144.414, by adding subdivisions; 144.415; 169.42, 
  1.12            subdivision 1; 169.421, subdivision 3; 295.52, 
  1.13            subdivisions 1, 1a, 2, and 3; and 609.68; Minnesota 
  1.14            Statutes 1997 Supplement, sections 297F.05, 
  1.15            subdivisions 1 and 3; 297F.08, subdivision 7; 297F.09, 
  1.16            subdivision 2; and 297F.10, subdivision 1; proposing 
  1.17            coding for new law in Minnesota Statutes, chapter 
  1.18            325E; repealing Minnesota Statutes 1996, sections 
  1.19            144.414, subdivision 1; and 144.415; Minnesota 
  1.20            Statutes 1997 Supplement, section 295.52, subdivision 
  1.21            7. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23                             ARTICLE 1
  1.24                            TOBACCO TAX
  1.25     Section 1.  Minnesota Statutes 1996, section 295.52, 
  1.26  subdivision 1, is amended to read: 
  1.27     Subdivision 1.  [HOSPITAL TAX.] A tax is imposed on each 
  1.28  hospital equal to two 0.5 percent of its gross revenues. 
  1.29     Sec. 2.  Minnesota Statutes 1996, section 295.52, 
  1.30  subdivision 1a, is amended to read: 
  1.31     Subd. 1a.  [SURGICAL CENTER TAX.] A tax is imposed on each 
  1.32  surgical center equal to two 0.5 percent of its gross revenues. 
  1.33     Sec. 3.  Minnesota Statutes 1996, section 295.52, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  [PROVIDER TAX.] A tax is imposed on each health 
  2.3   care provider equal to two 0.5 percent of its gross revenues. 
  2.4      Sec. 4.  Minnesota Statutes 1996, section 295.52, 
  2.5   subdivision 3, is amended to read: 
  2.6      Subd. 3.  [WHOLESALE DRUG DISTRIBUTOR TAX.] A tax is 
  2.7   imposed on each wholesale drug distributor equal to two 0.5 
  2.8   percent of its gross revenues.  
  2.9      Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  2.10  297F.05, subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [RATES; CIGARETTES.] A tax is imposed upon 
  2.12  the sale of cigarettes in this state, upon having cigarettes in 
  2.13  possession in this state with intent to sell, upon any person 
  2.14  engaged in business as a distributor, and upon the use or 
  2.15  storage by consumers, at the following rates, subject to the 
  2.16  discount provided in this chapter: 
  2.17     (1) on cigarettes weighing not more than three pounds per 
  2.18  thousand, 24 37.5 mills on each such cigarette; and 
  2.19     (2) on cigarettes weighing more than three pounds per 
  2.20  thousand, 48 75 mills on each such cigarette. 
  2.21     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  2.22  297F.05, subdivision 3, is amended to read: 
  2.23     Subd. 3.  [RATES; TOBACCO PRODUCTS.] A tax is imposed upon 
  2.24  all tobacco products in this state and upon any person engaged 
  2.25  in business as a distributor, at the rate of 35 55 percent of 
  2.26  the wholesale sales price of the tobacco products.  The tax is 
  2.27  imposed at the time the distributor: 
  2.28     (1) brings, or causes to be brought, into this state from 
  2.29  outside the state tobacco products for sale; 
  2.30     (2) makes, manufactures, or fabricates tobacco products in 
  2.31  this state for sale in this state; or 
  2.32     (3) ships or transports tobacco products to retailers in 
  2.33  this state, to be sold by those retailers. 
  2.34     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  2.35  297F.08, subdivision 7, is amended to read: 
  2.36     Subd. 7.  [PRICE OF STAMPS.] The commissioner shall sell 
  3.1   stamps to any person licensed as a distributor at a discount 
  3.2   of 1.0 0.6 percent from the face amount of the stamps for the 
  3.3   first $1,500,000 of such stamps purchased in any fiscal year; 
  3.4   and at a discount of 0.6 0.4 percent on the remainder of such 
  3.5   stamps purchased in any fiscal year.  The commissioner shall not 
  3.6   sell stamps to any other person.  The commissioner may prescribe 
  3.7   the method of shipment of the stamps to the distributor as well 
  3.8   as the quantities of stamps purchased. 
  3.9      Sec. 8.  Minnesota Statutes 1997 Supplement, section 
  3.10  297F.09, subdivision 2, is amended to read: 
  3.11     Subd. 2.  [MONTHLY RETURN; TOBACCO PRODUCTS DISTRIBUTOR.] 
  3.12  On or before the 18th day of each calendar month, a distributor 
  3.13  with a place of business in this state shall file a return with 
  3.14  the commissioner showing the quantity and wholesale sales price 
  3.15  of each tobacco product: 
  3.16     (1) brought, or caused to be brought, into this state for 
  3.17  sale; and 
  3.18     (2) made, manufactured, or fabricated in this state for 
  3.19  sale in this state, during the preceding calendar month.  
  3.20  Every licensed distributor outside this state shall in like 
  3.21  manner file a return showing the quantity and wholesale sales 
  3.22  price of each tobacco product shipped or transported to 
  3.23  retailers in this state to be sold by those retailers, during 
  3.24  the preceding calendar month.  Returns must be made in the form 
  3.25  and manner prescribed by the commissioner and must contain any 
  3.26  other information required by the commissioner.  The return must 
  3.27  be accompanied by a remittance for the full tax liability shown, 
  3.28  less 1.5 one percent of the liability as compensation to 
  3.29  reimburse the distributor for expenses incurred in the 
  3.30  administration of this chapter.  The return for the May 
  3.31  liability and 75 percent of the estimated June liability is due 
  3.32  on the date payment of the tax is due. 
  3.33     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
  3.34  297F.10, subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [TAX AND USE TAX ON CIGARETTES.] Revenue 
  3.36  received from cigarette taxes, as well as related penalties, 
  4.1   interest, license fees, and miscellaneous sources of revenue 
  4.2   shall be deposited by the commissioner in the state treasury and 
  4.3   credited as follows: 
  4.4      (a) first to the general obligation special tax bond debt 
  4.5   service account in each fiscal year the amount required to 
  4.6   increase the balance on hand in the account on each December 1 
  4.7   to an amount equal to the full amount of principal and interest 
  4.8   to come due on all outstanding bonds whose debt service is 
  4.9   payable primarily from the proceeds of the tax to and including 
  4.10  the second following July 1; and 
  4.11     (b) after the requirements of paragraph (a) have been met: 
  4.12     (1) the revenue produced by one mill of the tax on 
  4.13  cigarettes weighing not more than three pounds a thousand and 
  4.14  two mills of the tax on cigarettes weighing more than three 
  4.15  pounds a thousand must be credited to the Minnesota future 
  4.16  resources fund; and 
  4.17     (2) the revenue produced by 13.5 mills of the tax on 
  4.18  cigarettes weighing not more than three pounds per thousand and 
  4.19  27 mills of the tax on cigarettes weighing more than three 
  4.20  pounds per thousand must be credited to the health care access 
  4.21  fund in the state treasury; and 
  4.22     (3) the balance of the revenues derived from taxes, 
  4.23  penalties, and interest (under this chapter) and from license 
  4.24  fees and miscellaneous sources of revenue shall be credited to 
  4.25  the general fund. 
  4.26     Sec. 10.  [FLOOR STOCKS TAX.] 
  4.27     Subdivision 1.  [CIGARETTES.] A floor stocks tax is imposed 
  4.28  on every person engaged in business in this state as a 
  4.29  distributor, retailer, subjobber, vendor, manufacturer, or 
  4.30  manufacturer's representative of cigarettes, on the stamped 
  4.31  cigarettes and unaffixed stamps in the person's possession or 
  4.32  under the person's control at 12:01 a.m. on July 1, 1998.  The 
  4.33  tax is imposed at the following rates, subject to the discounts 
  4.34  in Minnesota Statutes, section 297F.08, subdivision 7: 
  4.35     (1) on cigarettes weighing not more than three pounds per 
  4.36  thousand, 13.5 mills on each cigarette; and 
  5.1      (2) on cigarettes weighing more than three pounds per 
  5.2   thousand, 27 mills on each cigarette. 
  5.3      Each distributor, by July 8, 1998, shall file a report with 
  5.4   the commissioner of revenue, in the form the commissioner 
  5.5   prescribes, showing the stamped cigarettes and unaffixed stamps 
  5.6   on hand at 12:01 a.m. on July 1, 1998, and the amount of tax due 
  5.7   on the cigarettes and unaffixed stamps.  The tax imposed by this 
  5.8   section is due and payable by August 1, 1998, and after that 
  5.9   date bears interest as provided in Minnesota Statutes, section 
  5.10  270.75. 
  5.11     Each retailer, subjobber, vendor, manufacturer, or 
  5.12  manufacturer's representative shall file a return with the 
  5.13  commissioner, in the form the commissioner prescribes, showing 
  5.14  the cigarettes on hand at 12:01 a.m. on July 1, 1998, and pay 
  5.15  the tax due on them by August 1, 1998.  Tax not paid by the due 
  5.16  date bears interest as provided in Minnesota Statutes, section 
  5.17  270.75. 
  5.18     Subd. 2.  [TOBACCO PRODUCTS.] A floor stocks tax is imposed 
  5.19  on every person engaged in business in this state as a 
  5.20  distributor of tobacco products, at the rate of 20 percent of 
  5.21  the wholesale sales price of each tobacco product in the 
  5.22  person's possession or under the person's control at 12:01 a.m. 
  5.23  on July 1, 1998.  Each distributor, by July 8, 1998, shall file 
  5.24  a report with the commissioner, in the form the commissioner 
  5.25  prescribes, showing the tobacco products on hand at 12:01 a.m. 
  5.26  on July 1, 1998, and the amount of tax due on them.  The tax 
  5.27  imposed by this section, less the discount provided in Minnesota 
  5.28  Statutes, section 297F.09, subdivision 2, is due and payable by 
  5.29  August 1, 1998, and thereafter bears interest as provided in 
  5.30  Minnesota Statutes, section 270.75. 
  5.31     Subd. 3.  [AUDIT AND ENFORCEMENT.] The tax imposed by this 
  5.32  section is subject to the audit, assessment, and collection 
  5.33  provisions applicable to the taxes imposed under Minnesota 
  5.34  Statutes, chapter 297F.  The commissioner may require a 
  5.35  distributor to receive and maintain copies of floor stock tax 
  5.36  returns filed by all persons requesting a credit for returned 
  6.1   cigarettes.  
  6.2      Subd. 4.  [DEPOSIT OF PROCEEDS.] The revenue from the tax 
  6.3   imposed under this section must be deposited by the commissioner 
  6.4   in the health care access fund in the state treasury. 
  6.5      Sec. 11.  [REPEALER.] 
  6.6      Minnesota Statutes 1997 Supplement, section 295.52, 
  6.7   subdivision 7, is repealed. 
  6.8      Sec. 12.  [EFFECTIVE DATE.] 
  6.9      Sections 1 to 4 and 11 are effective for calendar years 
  6.10  beginning after December 31, 1998.  Sections 5 to 10 are 
  6.11  effective July 1, 1998. 
  6.12                             ARTICLE 2
  6.13                      ADVERTISING RESTRICTIONS
  6.14     Section 1.  [325E.255] [DEFINITIONS.] 
  6.15     Subdivision 1.  [SCOPE.] For the purposes of sections 
  6.16  325E.255 to 325E.258, the terms in this section have the 
  6.17  meanings given them. 
  6.18     Subd. 2.  [CHILD CARE CENTER.] "Child care center" means 
  6.19  any establishment licensed or required to be licensed under 
  6.20  Minnesota Rules, parts 9503.0005 to 9503.0175. 
  6.21     Subd. 3.  [CHILDREN'S INSTITUTION.] "Children's institution"
  6.22  means a secure detention facility as defined in section 260.015, 
  6.23  subdivision 16, or a shelter care facility as defined in section 
  6.24  260.015, subdivision 17. 
  6.25     Subd. 4.  [PLAYGROUND.] "Playground" means an outdoor area 
  6.26  open to the public where children play, which contains play 
  6.27  equipment such as a sliding board, swing, jungle gym, sandbox, 
  6.28  or seesaw, or which is designated as a public play area, or 
  6.29  which includes, but is not limited to, a baseball diamond or 
  6.30  basketball courts. 
  6.31     Subd. 5.  [PUBLICLY VISIBLE LOCATION.] "Publicly visible 
  6.32  location" means a location visible from a public street, 
  6.33  sidewalk, highway, or park and includes outdoor billboards, 
  6.34  exteriors of buildings, windows and doors reasonably visible to 
  6.35  the public at a distance of two feet, freestanding signboards, 
  6.36  bus shelters, bus benches, and public buses. 
  7.1      Subd. 6.  [SCHOOL PROPERTY.] "School property" means a 
  7.2   public or private elementary, middle, or secondary school 
  7.3   building and its grounds, whether leased or owned by the school. 
  7.4      Subd. 7.  [TOBACCO ADVERTISEMENT.] "Tobacco advertisement" 
  7.5   means any words, pictures, posters, placards, signs, 
  7.6   photographs, symbols, devices, graphic displays or visual images 
  7.7   of any kind, or any combination thereof, the purpose or effect 
  7.8   of which is to promote the use or sale of a tobacco product 
  7.9   including through the identification of a brand of a tobacco 
  7.10  product, a trademark of a tobacco product, or a trade name 
  7.11  associated exclusively with a tobacco product. 
  7.12     Subd. 8.  [TOBACCO PRODUCT PROMOTION.] "Tobacco product 
  7.13  promotion" means: 
  7.14     (1) the marketing, licensing, sale, or distribution of 
  7.15  items or services, or causing items or services to be marketed, 
  7.16  licensed, sold, or distributed, whether indoors or outdoors, 
  7.17  which are not tobacco products but which bear the brand name, 
  7.18  alone or in conjunction with any word, logo, symbol, motto, 
  7.19  selling message, recognizable color or pattern of colors, or any 
  7.20  other indicia of product identification identical or similar to, 
  7.21  or identifiable with, those used for any brand of tobacco 
  7.22  product; or 
  7.23     (2) offering or causing to be offered any gift or item 
  7.24  other than a tobacco product to any person purchasing a tobacco 
  7.25  product in consideration of the purchase thereof, or to any 
  7.26  person in consideration of furnishing evidence, such as credits, 
  7.27  proofs-of-purchase, or coupons, of such purchase. 
  7.28     Subd. 9.  [YOUTH CENTER.] "Youth center" means any 
  7.29  designated indoor public, private, or parochial facility, other 
  7.30  than a private residence or a multiple dwelling unit, which 
  7.31  contains programs which provide, on a regular basis, activities 
  7.32  or services for persons who have not yet reached the age of 18 
  7.33  years, including, but not limited to, community-based programs, 
  7.34  after-school programs, weekend programs, violence prevention 
  7.35  programs, leadership development programs, vocational programs, 
  7.36  substance abuse prevention programs, individual or group 
  8.1   counseling, case management, remedial, tutorial, or other 
  8.2   educational assistance or enrichment, music, art, dance and 
  8.3   other recreational or cultural activities, physical fitness 
  8.4   activities and sports programs. 
  8.5      Sec. 2.  [325E.256] [TOBACCO ADVERTISEMENT RESTRICTION.] 
  8.6      Subdivision 1.  [SCHOOLS AND PLAYGROUNDS.] No person shall 
  8.7   place, cause to be placed, or maintain a tobacco advertisement 
  8.8   in any publicly visible location on or within 1,000 feet of the 
  8.9   perimeter of any school property, playground, or playground area 
  8.10  in a public park. 
  8.11     Subd. 2.  [CHILD OR YOUTH CENTERS.] No person shall place, 
  8.12  cause to be placed, or maintain a tobacco advertisement in any 
  8.13  publicly visible location on or within 1,000 feet of the 
  8.14  perimeter of any child care center, children's institution, or 
  8.15  youth center. 
  8.16     Subd. 3.  [COMPLIANCE.] The owner, operator, or lessee of 
  8.17  any location or premises where a tobacco advertisement is 
  8.18  prohibited or restricted under this section shall remove any 
  8.19  noncomplying advertisement within 30 days of the final enactment 
  8.20  of this section. 
  8.21     Sec. 3.  [325E.257] [TOBACCO PROMOTION RESTRICTION.] 
  8.22     Subdivision 1.  [SCHOOLS, PLAYGROUNDS, AND CHILD OR YOUTH 
  8.23  CENTERS.] No person shall conduct a tobacco product promotion on 
  8.24  or within 1,000 feet of the perimeter of any school property, 
  8.25  playground, child care center, children's institution, or youth 
  8.26  center. 
  8.27     Subd. 2.  [GENERAL RESTRICTION; EXCEPTION.] No person shall 
  8.28  conduct a tobacco product promotion at any location in 
  8.29  Minnesota, except that a person may distribute coupons for 
  8.30  tobacco products in conformance with Code of Federal 
  8.31  Regulations, section 897.32, if the coupons are: 
  8.32     (1) indoors, affixed to packaging of products sold to 
  8.33  adults; or 
  8.34     (2) indoors or outdoors, in publications including but not 
  8.35  limited to newspapers, magazines, or periodicals or other 
  8.36  publications. 
  9.1      Sec. 4.  [325E.258] [CIVIL PENALTIES.] 
  9.2      A person who violates section 2 or 3 is subject to the 
  9.3   penalties and remedies of section 8.31. 
  9.4                              ARTICLE 3
  9.5                            INDOOR SMOKING
  9.6      Section 1.  Minnesota Statutes 1996, section 144.413, 
  9.7   subdivision 2, is amended to read: 
  9.8      Subd. 2.  [PUBLIC PLACE.] "Public place" means any 
  9.9   enclosed, indoor area used by the general public or serving as a 
  9.10  place of work, including, but not limited to, restaurants, bars, 
  9.11  retail stores, offices and other commercial establishments, 
  9.12  public conveyances, educational facilities other than public 
  9.13  schools, as defined in section 120.05, subdivision 2, hospitals, 
  9.14  nursing homes, auditoriums, arenas, meeting rooms, and common 
  9.15  areas of rental apartment buildings, but excluding private, 
  9.16  enclosed offices occupied exclusively by smokers even though 
  9.17  such offices may be visited by nonsmokers. 
  9.18     Sec. 2.  Minnesota Statutes 1996, section 144.414, is 
  9.19  amended by adding a subdivision to read: 
  9.20     Subd. 1a.  [PUBLIC PLACES.] No person shall smoke in a 
  9.21  public place or at a public meeting except that persons may 
  9.22  smoke in designated smoking areas of bars and restaurants. 
  9.23     Sec. 3.  Minnesota Statutes 1996, section 144.414, is 
  9.24  amended by adding a subdivision to read: 
  9.25     Subd. 1b.  [PUBLIC PLACES.] No person shall smoke in a 
  9.26  public place or at a public meeting.  This subdivision 
  9.27  supersedes subdivision 1 on and after August 1, 1999. 
  9.28     Sec. 4.  Minnesota Statutes 1996, section 144.415, is 
  9.29  amended to read: 
  9.30     144.415 [DESIGNATION OF SMOKING AREAS.] 
  9.31     Smoking areas may be designated by proprietors or other 
  9.32  persons in charge of public places bars and restaurants, except 
  9.33  in places in which smoking is prohibited by the fire marshal or 
  9.34  by other law, ordinance or rule. 
  9.35     Where smoking areas are designated, existing physical 
  9.36  barriers and ventilation systems shall be used to minimize the 
 10.1   toxic effect of smoke in adjacent nonsmoking areas.  In the case 
 10.2   of public places consisting of a single room, the provisions of 
 10.3   this law shall be considered met if one side of the room is 
 10.4   reserved and posted as a no smoking area. those areas must be 
 10.5   separated from the rest of the public place by physical 
 10.6   barriers.  No employer may assign an employee to enter a 
 10.7   designated smoking area unless the employer informs the employee 
 10.8   that the area is designated for smokers and that the employee is 
 10.9   not required to enter it, and unless the employee gives the 
 10.10  employee's consent after the disclosure.  No employer may 
 10.11  terminate the employment of an employee or alter the hours 
 10.12  worked or wage received by an employee based on the employee's 
 10.13  decision not to enter the designated smoking area.  No public 
 10.14  place other than a bar or restaurant shall be designated as a 
 10.15  smoking area in its entirety.  If a bar is designated as a 
 10.16  smoking area in its entirety, this designation shall be posted 
 10.17  conspicuously on all entrances normally used by the public.  
 10.18     Sec. 5.  [REPEALER.] 
 10.19     (a) Minnesota Statutes 1996, section 144.414, subdivision 
 10.20  1, is repealed. 
 10.21     (b) Minnesota Statutes 1996, section 144.415, is repealed. 
 10.22     Sec. 6.  [EFFECTIVE DATE.] 
 10.23     Sections 1, 2, 4, and 5, paragraph (a), are effective 
 10.24  August 1, 1998.  Sections 3 and 5, paragraph (b), are effective 
 10.25  August 1, 1999. 
 10.26                             ARTICLE 4
 10.27                             LITTERING
 10.28     Section 1.  Minnesota Statutes 1996, section 85.20, 
 10.29  subdivision 6, is amended to read: 
 10.30     Subd. 6.  [LITTERING; PENALTY.] (a) No person shall drain, 
 10.31  throw, or deposit upon the lands and waters within a state park 
 10.32  any substance, including partially burned cigarettes or ash, 
 10.33  that would mar the appearance, create a stench, destroy the 
 10.34  cleanliness or safety of the land, or would be likely to injure 
 10.35  any animal, vehicle, or person traveling upon those lands and 
 10.36  waters.  The operator of a vehicle or watercraft, except a 
 11.1   school bus or a vehicle transporting passengers for hire and 
 11.2   regulated by the interstate commerce commission, shall not 
 11.3   permit articles to be thrown or discarded from the vehicle upon 
 11.4   any lands or waters within a state park.  
 11.5      (b) Violation of this subdivision is a misdemeanor.  Any 
 11.6   person sentenced under this subdivision shall in lieu of the 
 11.7   sentence imposed be permitted, under terms established by the 
 11.8   court, to work under the direction of the department of natural 
 11.9   resources at clearing rubbish, trash, and debris from any state 
 11.10  park.  The court may for any violation of this subdivision order 
 11.11  the offender to perform such work under terms established by the 
 11.12  court with the option of a jail sentence being imposed.  
 11.13     (c) In lieu of enforcement under paragraph (b), this 
 11.14  subdivision may be enforced by imposition of a civil penalty and 
 11.15  an action for damages for littering under section 115A.99. 
 11.16     Sec. 2.  Minnesota Statutes 1996, section 169.42, 
 11.17  subdivision 1, is amended to read: 
 11.18     Subdivision 1.  [DANGEROUS OBJECT ON HIGHWAY.] No person 
 11.19  shall throw, deposit, place or dump, or cause to be thrown, 
 11.20  deposited, placed or dumped upon any street or highway or upon 
 11.21  any public or privately owned land adjacent thereto without the 
 11.22  owner's consent any snow, ice, glass bottle, glass, nails, 
 11.23  tacks, wire, cans, garbage, swill, papers, ashes, partially 
 11.24  burned cigarettes, refuse, carcass of any dead animal, offal, 
 11.25  trash or rubbish or any other form of offensive matter or any 
 11.26  other substance likely to injure any person, animal or vehicle 
 11.27  upon any such street or highway. 
 11.28     Sec. 3.  Minnesota Statutes 1996, section 169.421, 
 11.29  subdivision 3, is amended to read: 
 11.30     Subd. 3.  [CIVIL LIABILITY IMPOSED.] If any solid waste, 
 11.31  including litter, glass, nails, tacks, wire, cans, bottles, 
 11.32  garbage, papers, refuse, trash, partially burned cigarettes, or 
 11.33  any form of offensive matter is thrown, deposited, placed, or 
 11.34  dumped from a vehicle upon any street or highway, public land, 
 11.35  or upon private land without the consent of the owner of the 
 11.36  land, a violation of this subdivision occurs and civil liability 
 12.1   is imposed upon the owner of the vehicle.  The driver and 
 12.2   passengers riding in a vehicle are constituted as the agents of 
 12.3   the owner of the vehicle for purposes of this subdivision.  It 
 12.4   is a defense to any action brought pursuant to this section that 
 12.5   the vehicle was stolen.  This section is not applicable to the 
 12.6   owner of a vehicle transporting persons for hire or transporting 
 12.7   school children.  
 12.8      Sec. 4.  Minnesota Statutes 1996, section 609.68, is 
 12.9   amended to read: 
 12.10     609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 
 12.11     Whoever unlawfully deposits garbage, rubbish, partially 
 12.12  burned cigarettes, offal, or the body of a dead animal, or other 
 12.13  litter in or upon any public highway, public waters or the ice 
 12.14  thereon, shoreland areas adjacent to rivers or streams as 
 12.15  defined by section 103F.205, public lands, or, without the 
 12.16  consent of the owner, private lands or water or ice thereon, is 
 12.17  guilty of a misdemeanor.