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SF 3727

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

KEY: stricken = removed, old language.
underscored = added, new language.
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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, private facilities, and other 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, country clubs, and restaurants and liquor
establishments with alcoholic beverage sales of 50 percent or more of total gross sales,
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, other private facilities, and restaurants and liquor establishments with alcoholic
beverage sales of 50 percent or more of total gross sales, 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