HF 3866

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; restricting the designation of 
  1.3             smoking areas in multitenant buildings; amending 
  1.4             Minnesota Statutes 1996, section 144.416. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 144.416, is 
  1.7   amended to read: 
  1.8      144.416 [RESPONSIBILITIES OF PROPRIETORS.] 
  1.9      Subdivision 1.  [GENERALLY.] The proprietor or other person 
  1.10  in charge of a public place shall make reasonable efforts to 
  1.11  prevent smoking in the public place by 
  1.12     (a) posting appropriate signs; 
  1.13     (b) arranging seating to provide a smoke-free area; 
  1.14     (c) asking smokers to refrain from smoking upon request of 
  1.15  a client or employee suffering discomfort from the smoke; or 
  1.16     (d) any other means which may be appropriate.  
  1.17     Subd. 2.  [MULTITENANT BUILDINGS.] In a multitenant 
  1.18  building in which multiple occupants are served by a common 
  1.19  heating, ventilation, or air conditioning (HVAC) system, no 
  1.20  occupant of a leasehold served by the common system may 
  1.21  designate a smoking area within the part of the leasehold served 
  1.22  by the system without the written consent of the building owner 
  1.23  or lessor.  If the occupant's lease agreement explicitly 
  1.24  provides that smoking in the occupant's leasehold is permitted, 
  1.25  then the lease agreement shall be evidence of the owner or 
  2.1   lessor's consent to the designation of smoking areas during the 
  2.2   period of the lease.