HF 1573

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 03:23pm

A bill for an act
relating to health; assessing penalties for use of certain tobacco products or
electronic delivery device in a public school; amending Minnesota Statutes 2020,
section 144.4165.

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

Section 1.

Minnesota Statutes 2020, section 144.4165, is amended to read:

144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.

new text begin Subdivision 1. new text end

new text begin Prohibition on tobacco products. new text end

No person shall at any time smoke,
chew, or otherwise ingest tobacco, or carry or use an activated 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, or in a charter school governed by chapter 124E. 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 260.755, subdivision 12.

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin A person violating this section is guilty of a petty misdemeanor for
the first violation. A subsequent violation of this section is a misdemeanor.
new text end