HF 3818

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; making changes to the smoking ban by adding definitions and
an exception and requiring posted signs; amending Minnesota Statutes 2006,
section 144.413, by adding subdivisions; Minnesota Statutes 2007 Supplement,
section 144.4167, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2006, section 144.413, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Cigarette. new text end

new text begin "Cigarette" means any product that contains nicotine, is
intended to be burned or heated under ordinary conditions of use, and consists of or
contains (1) any roll of tobacco wrapped in paper or in any substance not containing
tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its
appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely
to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco
wrapped in any substance containing tobacco which, because of its appearance, the type
of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or
purchased by, consumers as a cigarette described in clause (1) of this definition. The
term "cigarette" includes "roll-your-own."
new text end

Sec. 2.

Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Roll-your-own. new text end

new text begin "Roll-your-own" means any tobacco which, because of
its appearance, type, packaging, or labeling is suitable for use and likely to be offered to,
or purchased by, consumers as tobacco for making cigarettes.
new text end

Sec. 3.

Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding
a subdivision to read:

new text begin Subd. 10. new text end

new text begin VFW, American Legion post, and other private facilities. new text end

new text begin Sections
144.414 to 144.417 do not prohibit smoking in private clubs, such as VFW clubs,
American Legion posts, bingo halls, and country clubs, provided the facility ensures or
has reason to believe that no person under the age of 18 years is present during an event
when smoking is permitted. A private club means an organization that has criteria for
admission and membership control over the organization's operations and use of facilities
by nonmembers.
new text end

Sec. 4.

Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding
a subdivision to read:

new text begin Subd. 11. new text end

new text begin Ventilation systems in facilities. new text end

new text begin Sections 144.414 to 144.417 do not
prohibit smoking in separate and enclosed rooms inside VFW clubs, American Legion
posts, and other private facilities with an HVAC ventilation system.
new text end

Sec. 5.

Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding
a subdivision to read:

new text begin Subd. 12. new text end

new text begin Signs. new text end

new text begin Every public place or adult-only facility where smoking is
permitted throughout the entire premises shall have displayed conspicuously one sign at
every entrance to the public place or adult-only facility that bears the words "Smoking
Permitted" or the international "Smoking Permitted" symbol. Every public place that has
designated separate areas where smoking is permitted shall have displayed conspicuously
one sign at every entrance to the public place that bears the words "No Smoking in
Designated Areas" or the international "No Smoking" symbol with the addition of the
words "Except in Designated Areas."
new text end