1.1 	A bill for an act
1.2 	relating to health; increasing the penalty for smoking in a nonsmoking hotel 
1.3 	room; providing for civil and criminal penalties;amending Minnesota Statutes 
1.4 	2006, section 327.742, subdivisions 2, 3, by adding subdivisions.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 327.742, subdivision 2, is amended to read:
1.7 		Subd. 2.Penalty. A person who violates this section is guilty of a petty 
1.8 	misdemeanor. Upon conviction, the court may require a person who violates this section 
1.9 	to reimburse the innkeeper for actual costs, not to exceed $100, incurred to restore the 
1.10 	room to its previolation condition, not including any loss of income incurred as a result of 
1.11 	the room being vacant during the restoration.

1.12 	Sec. 2. Minnesota Statutes 2006, section 327.742, is amended by adding a subdivision 
1.13 	to read:
1.14 		Subd. 2a.Civil penalty and service charge. Unless a court orders reimbursement 
1.15 	under subdivision 2, a person who violates this section is liable to the innkeeper for the 
1.16 	cost of restoring the damaged room to its previolation condition, not including any loss of 
1.17 	income incurred as a result of the room being vacant during the restoration, and a service 
1.18 	charge of $30. The service charge may be imposed immediately upon the mailing of the 
1.19 	notice required under subdivision 4, if the notice of the charge was displayed according 
1.20 	to subdivision 3. If the person does not reimburse the innkeeper within 30 days after the 
1.21 	innkeeper has mailed notice under subdivision 4, the innkeeper may seek a civil judgment 
1.22 	for the cost of restoring the room to previolation condition, the service charge, and a civil 
1.23 	penalty not to exceed $100. If the innkeeper prevails, the court shall order payment of:
2.1 	(1) interest at the legal rate for judgments under section 549.09 from the date 
2.2 	of nonpayment; and
2.3 	(2) reasonable attorney fees, not to exceed $500.
2.4 	A court may not impose a civil penalty until 30 days after the mailing of the notice 
2.5 	under subdivision 4.

2.6 	Sec. 3. Minnesota Statutes 2006, section 327.742, subdivision 3, is amended to read:
2.7 		Subd. 3.Notice. Innkeepers shall post signs conspicuously in all nonsmoking 
2.8 	sleeping rooms stating that smoking is not permitted and advising occupants of the 
2.9 	provisions of this section including the innkeepers's right to seek reimbursement and to 
2.10 	impose a civil penalty and service charge.

2.11 	Sec. 4. Minnesota Statutes 2006, section 327.742, is amended by adding a subdivision 
2.12 	to read:
2.13 		Subd. 4.Notice of damage. Notice of nonpayment that includes a citation to this 
2.14 	section and a description of the penalties contained in it must be sent by the innkeeper to 
2.15 	the violating party by regular mail, supported by an affidavit of service by mailing, to the 
2.16 	address the person provided to the innkeeper. Failure of the person to receive a notice of 
2.17 	damage is not a defense to liability under this section. The notice must include a statement 
2.18 	that additional civil penalties will be imposed if payment is not received within 30 days. 
2.19 	Only one service charge may be imposed under this subdivision for each incident.

2.20 	Sec. 5. Minnesota Statutes 2006, section 327.742, is amended by adding a subdivision 
2.21 	to read:
2.22 		Subd. 5.Notice of dispute. If, within the 30-day period under subdivision 2a, the 
2.23 	violating party sends written notice to the innkeeper disputing the innkeeper's claim that 
2.24 	the person smoked in a nonsmoking room, the innkeeper may collect the cost of restoring 
2.25 	the room to previolation condition and the civil penalties imposed by this section only 
2.26 	under a judgment rendered by a court of competent jurisdiction. Upon receipt of notice 
2.27 	of dispute, the innkeeper shall cease all collection efforts.

2.28 	Sec. 6. Minnesota Statutes 2006, section 327.742, is amended by adding a subdivision 
2.29 	to read:
2.30 		Subd. 6.Not a bar to criminal liability. Civil liability under this section does not 
2.31 	preclude criminal liability under subdivision 2.