HF 4008

as introduced - 89th Legislature (2015 - 2016) Posted on 05/13/2016 08:27am

A bill for an act
relating to health; prohibiting the use of tobacco, tobacco-related devices, and
electronic cigarettes in sports stadiums; amending Minnesota Statutes 2014,
sections 144.412; 144.413, by adding a subdivision; 144.417, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

Minnesota Statutes 2014, section 144.412, is amended to read:

144.412 PUBLIC POLICY.

The deleted text begin purpose deleted text end new text begin purposes new text end of sections 144.411 to 144.417 deleted text begin is deleted text end new text begin are new text end to new text begin :
new text end

new text begin (1) new text end protect employees and the general public from the hazards of secondhand smoke
by eliminating smoking in public places, places of employment, public transportation, and
at public meetings new text begin ; and
new text end

new text begin (2) protect children from the harms of normalization of tobacco use by prohibiting
the use of tobacco and electronic cigarettes in certain areas new text end .

Sec. 2.

Minnesota Statutes 2014, section 144.413, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Sports stadium. new text end

new text begin "Sports stadium" means a facility or ballpark where a
Minnesota-based professional sports team plays its home games. Sports stadium includes
all enclosed, partially enclosed, and open spaces at the stadium, including playing fields,
dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas,
pedestrian walkways, bathrooms, dining areas, vendor areas, offices, and recreational
areas. Sports stadium does not include surface parking lots at or adjacent to the stadium.
new text end

Sec. 3.

new text begin [144.4162] USE OF TOBACCO AND ELECTRONIC CIGARETTES IN
SPORTS STADIUMS PROHIBITED.
new text end

new text begin (a) The use of tobacco or a tobacco-related device in a sports stadium is prohibited.
new text end

new text begin (b) The use of electronic cigarettes, including the inhaling or exhaling of vapor from
any electronic delivery device, in a sports stadium is prohibited.
new text end

new text begin (c) For purposes of this section, "electronic delivery device," "tobacco," and
"tobacco-related device" have the meanings given in section 609.685, subdivision 1.
new text end

Sec. 4.

Minnesota Statutes 2014, section 144.417, subdivision 2, is amended to read:

Subd. 2.

Violations.

(a) Any proprietor, person, or entity that owns, leases,
manages, operates, or otherwise controls the use of an area in which smoking new text begin or the use
of electronic cigarettes, tobacco, or a tobacco-related device new text end is prohibited under sections
144.414 to 144.417, and that knowingly fails to comply with sections 144.414 to 144.417,
is guilty of a petty misdemeanor.

(b) Any person who smokes new text begin or uses electronic cigarettes, tobacco, or a
tobacco-related device new text end in an area where smoking new text begin , the use of electronic cigarettes, tobacco
use, or the use of a tobacco-related device new text end is prohibited or restricted under sections
144.414 to 144.417 is guilty of a petty misdemeanor.

(c) A proprietor, person, or entity in charge of a public place, public meeting, place
of employment, new text begin sports stadium, new text end or public transportation must not retaliate or take adverse
action against an employee or anyone else who, in good faith, reports a violation of sections
144.414 to 144.417 to the proprietor or person in charge of the public place, public meeting,
place of employment, new text begin sports stadium, new text end or public transportation, or to the commissioner of
health or other designee responsible for enforcing sections 144.414 to 144.417.

(d) No person or employer shall discharge, refuse to hire, penalize, discriminate
against, or in any manner retaliate against any employee, applicant for employment, or
customer because the employee, applicant, or customer exercises any right to deleted text begin a smoke-free deleted text end new text begin
an new text end environment new text begin free of smoke, tobacco, or electronic cigarettes new text end provided by sections
144.414 to 144.417 or other law.