1.1.................... moves to amend H.F. No. 3467 as follows:
1.2Page 1, delete section 1
1.3Page 1, delete line 17
1.4Page 1, line 18, delete "(3)" and insert "(2)"
1.5Page 1, line 21, delete "or (2)" and insert ", including but not limited to, any roll for
1.6smoking made wholly or in part of tobacco that weighs four and a half pounds or less per
1.7thousand unless it is wrapped in whole tobacco leaf and does not have a filter"
1.8Page 2, delete section 4
1.9Page 2, line 3, before "cheroots" insert "cigarillos;"
1.10Page 2, delete line 29
1.11Page 2, line 30, delete "(3)" and insert "(2)"
1.12Page 2, line 33, delete "or (2)" and insert ", including but not limited to, any roll for
1.13smoking made wholly or in part of tobacco that weighs four and a half pounds or less per
1.14thousand unless it is wrapped in whole tobacco leaf and does not have a filter"
1.15Page 4, after line 21, insert:

1.16    "Sec. 12. Minnesota Statutes 2008, section 461.18, subdivision 1, is amended to read:
1.17    Subdivision 1. Except in adult-only facilities. (a) No person shall offer for sale
1.18single packages of cigarettes or smokeless tobacco or tobacco-related devices, as defined
1.19in sections 609.685, subdivision 1, in open displays which are accessible to the public
1.20without the intervention of a store employee.
1.21    (b) Cartons and other multipack units may be offered and sold through open displays
1.22accessible to the public.
1.23    (c) Paragraph (b) expires on August 28, 1997.
1.24    (d) This subdivision shall not apply to retail stores which derive at least 90 percent
1.25of their revenue from tobacco and tobacco-related products and which cannot be entered
1.26at any time by persons younger than 18 years of age where the retailer ensures that no
1.27person younger than 18 years of age is present, or permitted to enter, at any time."
2.1Page 4, line 28, delete "electronic cigarettes"
2.2Page 5, line 5, delete "or"
2.3Page 5, delete line 6
2.4Page 5, line 7, delete "including cartridges"
2.5Page 5, delete lines 8 to 13 and insert:

2.6    "Sec. 14. [609.6855] SALE OF NICOTINE DELIVERY PRODUCTS TO
2.7CHILDREN.
2.8    Subdivision 1. Penalty to sell. (a) Whoever sells to a person under the age of
2.918 years a product containing or delivering nicotine or lobelia intended for human
2.10consumption, or any part of such a product, that is not tobacco as defined by section
2.11609.685, is guilty of a misdemeanor for the first violation. Whoever violates this
2.12subdivision a subsequent time within five years of a previous conviction under this
2.13subdivision is guilty of a gross misdemeanor.
2.14    (b) It is an affirmative defense to a charge under this subdivision if the defendant
2.15proves by a preponderance of the evidence that the defendant reasonably and in good faith
2.16relied on proof of age as described in section 340A.503, subdivision 6.
2.17    (c) Notwithstanding paragraph (a), a product containing or delivering nicotine or
2.18lobelia intended for human consumption, or any part of such a product, that is not tobacco
2.19as defined by section 609.685, may be sold to persons under the age of 18 if the product
2.20has been approved or otherwise certified for legal sale by the United States Food and Drug
2.21Administration for tobacco use cessation, harm reduction, or for other medical purposes,
2.22and is being marketed and sold solely for that approved purpose.
2.23    Subd. 2. Other offense. A person under the age of 18 years who purchases or
2.24attempts to purchase a product containing or delivering nicotine or lobelia intended for
2.25human consumption, or any part of such a product, that is not tobacco as defined by section
2.26609.685, and who uses a driver's license, permit, Minnesota identification card, or any
2.27type of false identification to misrepresent the person's age, is guilty of a misdemeanor.
2.28    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivisions 1 and
2.292, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase
2.30a product containing or delivering nicotine or lobelia intended for human consumption,
2.31or any part of such a product, that is not tobacco as defined by section 609.685, is guilty
2.32of a petty misdemeanor."
2.33Page 5, line 23, delete "and"
2.34Page 5, line 25, delete the period and insert "; and"
2.35Page 5, after line 25, insert:
2.36    "(4) prevent the counterfeiting of state tax stamps or other state payment indicia."
3.1Renumber the sections in sequence and correct the internal references
3.2Amend the title accordingly