HF 4957

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/14/2024 02:35pm

A bill for an act
relating to education; allowing smudging in public schools; amending Minnesota
Statutes 2022, section 144.4165; proposing coding for new law in Minnesota
Statutes, chapter 121A.

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

Section 1.

new text begin [121A.08] SMUDGING PERMITTED.
new text end

new text begin An American Indian student or staff member may use tobacco, sage, sweetgrass, and
cedar to conduct individual or group smudging in a public school. The process for conducting
smudging is determined by the building or site administrator. Smudging must be conducted
under the direct supervision of an appropriate staff member, as determined by the building
or site administrator.
new text end

Sec. 2.

Minnesota Statutes 2022, section 144.4165, is amended to read:

144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.

new text begin (a) new text end No person shall at any time smoke, chew, or otherwise ingest tobacco, or carry or
use an activated electronic delivery device as defined in section 609.685, subdivision 1, in
a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or in a charter
school governed by chapter 124E. This prohibition extends to all facilities, whether owned,
rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or
controls.

new text begin (b) new text end Nothing in this section shall prohibit the lighting of tobacco by an adult as a part of
a traditional Indian spiritual or cultural ceremony. new text begin An American Indian student may carry
a medicine pouch containing loose tobacco intended as observance of traditional spiritual
or cultural practices. new text end For purposes of this section, an Indian is a person who is a member
of an Indian tribe as defined in section 260.755, subdivision 12.