HF 3653

as introduced - 89th Legislature (2015 - 2016) Posted on 03/29/2016 11:08am

A bill for an act
relating to health; clarifying ban of smoking in vehicles for work; amending
Minnesota Statutes 2014, sections 144.413, subdivision 1b; 144.414, subdivision
4.

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

Section 1.

Minnesota Statutes 2014, section 144.413, subdivision 1b, is amended to read:

Subd. 1b.

Place of employment.

"Place of employment" means any indoor area
at which two or more individuals perform any type of a service for consideration of
payment under any type of contractual relationship, including, but not limited to, an
employment relationship with or for a private corporation, partnership, individual, or
government agency. Place of employment includes any indoor area where two or more
individuals gratuitously perform services for which individuals are ordinarily paid. A
place of employment includes, but is not limited to, public conveyances, factories,
warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores,
banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums,
restrooms, elevators, hallways, museums, libraries, bowling establishments, employee
medical facilities, and rooms or areas containing photocopying equipment or other office
equipment used in common. Vehicles used in whole or in part for work purposes are
places of employment deleted text begin during hours of operation if more than one person is present deleted text end . An
area in which work is performed in a private residence is a place of employment during
hours of operation if:

(1) the homeowner uses the area exclusively and regularly as a principal place of
business and has one or more on-site employees; or

(2) the homeowner uses the area exclusively and regularly as a place to meet or deal
with patients, clients, or customers in the normal course of the homeowner's trade or
business.

Sec. 2.

Minnesota Statutes 2014, section 144.414, subdivision 4, is amended to read:

Subd. 4.

Public transportation vehicles.

Smoking is prohibited in public
transportation vehicles deleted text begin except that the driver of a public transportation vehicle may smoke
when the vehicle is being used for personal use deleted text end . deleted text begin For purposes of this subdivision, "personal
use" means that the public transportation vehicle is being used by the driver for private
purposes and no for-hire passengers are present. If a driver smokes under this subdivision,
the driver must post a conspicuous sign inside the vehicle to inform passengers.
deleted text end