SF 611

as introduced - 89th Legislature (2015 - 2016) Posted on 02/06/2015 08:45am

A bill for an act
relating to health; modifying the Clean Indoor Air Act to apply only to buildings
owned or operated by the state; amending Minnesota Statutes 2014, sections
144.414, subdivisions 1, 5; 144.416; 144.417, subdivisions 2, 4; repealing
Minnesota Statutes 2014, sections 144.412; 144.413, subdivisions 1a, 1b, 2, 3, 5;
144.414, subdivisions 2, 3, 4; 144.4167; 144.417, subdivision 3.

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

Section 1.

Minnesota Statutes 2014, section 144.414, subdivision 1, is amended to read:

Subdivision 1.

Public places deleted text begin , places of employment, public transportation, deleted text end and
public meetings.

new text begin (a) new text end Smoking shall not be permitted in and no person shall smoke in deleted text begin a
public place, at a public meeting, in a place of employment, or in public transportation,
except as provided in this section or section 144.4167 deleted text end new text begin any building owned or operated by
the state new text end .

new text begin (b) Nothing in this subdivision shall prohibit political subdivisions or businesses
from adopting more stringent prohibitions on smoking.
new text end

Sec. 2.

Minnesota Statutes 2014, section 144.414, subdivision 5, is amended to read:

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 deleted text begin the following locations:
deleted text end

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

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

deleted text begin (3) any facility licensed by the commissioner of human services; or
deleted text end

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

(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.

Sec. 3.

Minnesota Statutes 2014, section 144.416, is amended to read:

144.416 RESPONSIBILITIES OF PROPRIETORS.

deleted text begin (a) deleted text end The deleted text begin proprietor or other person, firm, limited liability company, corporation, or
other entity that owns, leases, manages, operates, or otherwise controls the use of a public
place, public transportation, place of employment, or public meeting deleted text end new text begin state new text end shall make
reasonable efforts to prevent smoking in deleted text begin the public place, public transportation, place of
employment, or public meeting deleted text end new text begin a state-owned or operated building new text end by:

(1) posting appropriate signs or by any other means which may be appropriate; and

(2) asking any person who smokes in an area where smoking is prohibited to refrain
from smoking and, if the person does not refrain from smoking after being asked to do so,
asking the person to leave. If the person refuses to leave, deleted text begin the proprietor, person, or entity
in charge shall handle deleted text end the situation new text begin shall be handled in a way that is new text end consistent with lawful
methods for handling other persons acting in a disorderly manner or as a trespasser.

deleted text begin (b) The proprietor or other person or entity in charge of a public place, public
meeting, public transportation, or place of employment must not provide deleted text end Smoking
equipment, including ashtrays or matches, new text begin shall not be provided new text end in areas where smoking
is prohibited. deleted text begin Nothing in this section prohibits the proprietor or other person or entity in
charge from taking more stringent measures than those under sections 144.414 to 144.417
to protect individuals from secondhand smoke. The proprietor or other person or entity in
charge of a restaurant or bar may not serve an individual who is in violation of sections
144.411 to 144.417.
deleted text end

Sec. 4.

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

Subd. 2.

Violations.

deleted text begin (a) Any proprietor, person, or entity that owns, leases,
manages, operates, or otherwise controls the use of an area in which smoking 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.
deleted text end

deleted text begin (b) deleted text end Any person who smokes in an area where smoking is prohibited or restricted
under sections 144.414 to 144.417 is guilty of a petty misdemeanor.

deleted text begin (c) A proprietor, person, or entity in charge of a public place, public meeting, place
of employment, 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, or public transportation, or to the commissioner of health or other designee
responsible for enforcing sections 144.414 to 144.417.
deleted text end

deleted text begin (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 a smoke-free
environment provided by sections 144.414 to 144.417 or other law.
deleted text end

Sec. 5.

Minnesota Statutes 2014, section 144.417, subdivision 4, is amended to read:

Subd. 4.

Local government ordinances.

deleted text begin (a) deleted text end Nothing in sections 144.414 to
144.417 prohibits a statutory or home rule charter city or county from enacting and
enforcing more stringent measures to protect individuals from secondhand smoke.

deleted text begin (b) Except as provided in sections 144.411 to 144.417, smoking is permitted outside
of restaurants, bars, and bingo halls unless limited or prohibited by restrictions adopted in
accordance with paragraph (a).
deleted text end

Sec. 6. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall remove cross-references to statutory sections repealed in
section 7 and make necessary changes to correct punctuation, grammar, or structure of
the remaining text.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 144.412; 144.413, subdivisions 1a, 1b, 2, 3, and
5; 144.414, subdivisions 2, 3, and 4; 144.4167; and 144.417, subdivision 3, new text end new text begin are repealed.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective the day following final enactment.
new text end