HF 349

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 04:21pm

A bill for an act
relating to health; including electronic cigarettes in the definition of smoking for
purposes of the Minnesota Clean Indoor Air Act; amending Minnesota Statutes
2018, sections 144.412; 144.413, subdivision 4; repealing Minnesota Statutes
2018, section 144.414, subdivision 5.

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

Section 1.

Minnesota Statutes 2018, section 144.412, is amended to read:

144.412 PUBLIC POLICY.

The purpose of sections 144.411 to 144.417 is to protect employees and the general
public from the hazards of secondhand smoke new text begin and involuntary exposure to aerosol or vapor
from electronic delivery devices new text end by eliminating smoking in public places, places of
employment, public transportation, and at public meetings.

Sec. 2.

Minnesota Statutes 2018, section 144.413, subdivision 4, is amended to read:

Subd. 4.

Smoking.

"Smoking" means inhaling deleted text begin or deleted text end new text begin , new text end exhaling deleted text begin smoke from deleted text end new text begin , burning, or
carrying new text end any lighted new text begin or heated new text end cigar, cigarette, pipe, or any other lighted deleted text begin tobacco or plant deleted text end
new text begin or heated new text end product new text begin containing, made, or derived from nicotine, tobacco, marijuana, or other
plant, whether natural or synthetic, that is intended for inhalation new text end . Smoking also includes
carrying a lighted new text begin or heated new text end cigar, cigarette, pipe, or any other lighted new text begin or heated new text end tobacco or
plant product intended for inhalation.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 144.414, subdivision 5, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-0951

144.414 PROHIBITIONS.

Subd. 5.

Electronic cigarettes.

(a) The use of electronic cigarettes, including the inhaling or exhaling of vapor from any electronic delivery device, as defined in section 609.685, subdivision 1, is prohibited in the following locations:

(1) any building owned or operated by the state, home rule charter or statutory city, county, township, school district, or other political subdivision;

(2) any facility owned by Minnesota State Colleges and Universities and the University of Minnesota;

(3) any facility licensed by the commissioner of human services; or

(4) any facility licensed by the commissioner of health, but only if the facility is also subject to federal licensing requirements.

(b) Nothing in this subdivision shall prohibit political subdivisions or businesses from adopting more stringent prohibitions on the use of electronic cigarettes or electronic delivery devices.