SF 2036

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying provisions of the Clean 
  1.3             Indoor Air Act; amending Minnesota Statutes 1998, 
  1.4             sections 144.412; 144.413, subdivisions 1 and 2; 
  1.5             144.414, subdivisions 1 and 2; 144.415; 144.416; 
  1.6             144.4165; and 144.417, subdivision 2; proposing coding 
  1.7             for new law in Minnesota Statutes, chapter 144. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 144.412, is 
  1.10  amended to read: 
  1.11     144.412 [PUBLIC POLICY.] 
  1.12     The purpose of sections 144.411 to 144.417 is to protect 
  1.13  the public health, comfort and environment by prohibiting 
  1.14  smoking in areas where children or ill or injured persons are 
  1.15  present, and by limiting prohibiting smoking in public places 
  1.16  and at public meetings to designated smoking areas, except as 
  1.17  otherwise provided in section 144.414. 
  1.18     Sec. 2.  Minnesota Statutes 1998, section 144.413, 
  1.19  subdivision 1, is amended to read: 
  1.20     Subdivision 1.  [SCOPE.] As used in sections 144.411 
  1.21  to 144.416 144.417, the terms defined in this section have the 
  1.22  meanings given them.  
  1.23     Sec. 3.  Minnesota Statutes 1998, section 144.413, 
  1.24  subdivision 2, is amended to read: 
  1.25     Subd. 2.  [PUBLIC PLACE.] "Public place" means any 
  1.26  enclosed, indoor area used by the general public or serving as a 
  2.1   place of work, including, but not limited to, restaurants, 
  2.2   retail stores, offices and other commercial establishments, 
  2.3   public conveyances, educational facilities other than public 
  2.4   schools, as defined in section 120A.05, subdivision subdivisions 
  2.5   9, 11, and 13, hospitals, nursing homes, auditoriums, arenas, 
  2.6   meeting rooms, and common areas of rental apartment buildings, 
  2.7   but excluding private, enclosed offices occupied exclusively by 
  2.8   smokers even though such offices may be visited by nonsmokers. 
  2.9      Sec. 4.  Minnesota Statutes 1998, section 144.414, 
  2.10  subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [PUBLIC PLACES.] No person shall smoke in a 
  2.12  public place or at a public meeting except in designated smoking 
  2.13  areas.  This prohibition does not apply to bars, or in cases in 
  2.14  which an entire room or hall is used for a private social 
  2.15  function and seating arrangements are under the control of the 
  2.16  sponsor of the function and not of the proprietor or person in 
  2.17  charge of the place.  Furthermore, this prohibition shall not 
  2.18  apply to factories, warehouses, and similar places of work not 
  2.19  usually frequented by the general public, except that the state 
  2.20  commissioner of health shall establish rules to restrict or 
  2.21  prohibit smoking in those places of work where the close 
  2.22  proximity of workers or the inadequacy of ventilation causes 
  2.23  smoke pollution detrimental to the health and comfort of 
  2.24  nonsmoking employees.  No person shall smoke in a restaurant 
  2.25  except in designated smoking areas. 
  2.26     Sec. 5.  Minnesota Statutes 1998, section 144.414, 
  2.27  subdivision 2, is amended to read: 
  2.28     Subd. 2.  [DAY CARE PREMISES.] Smoking is prohibited in the 
  2.29  following day care settings during hours of operation:  a day 
  2.30  care center licensed under Minnesota Rules, parts 9503.0005 to 
  2.31  9503.0175, or in chapter 9503, and a family day care home or in 
  2.32  a group family day care provider home licensed under Minnesota 
  2.33  Rules, parts 9502.0300 to 9502.0445, during its hours of 
  2.34  operation chapter 9502. 
  2.35     Sec. 6.  Minnesota Statutes 1998, section 144.415, is 
  2.36  amended to read: 
  3.1      144.415 [DESIGNATION OF SMOKING AREAS.] 
  3.2      Smoking areas may be designated by proprietors or other 
  3.3   persons in charge of public places, except in which smoking is 
  3.4   permitted according to section 144.414.  Smoking areas are not 
  3.5   allowed to be designated in places in which smoking is 
  3.6   prohibited by the fire marshal or by other law, ordinance or 
  3.7   rule. 
  3.8      Where smoking areas are designated, existing physical 
  3.9   barriers and ventilation systems shall be used to minimize the 
  3.10  toxic effect of smoke in adjacent nonsmoking areas.  In the case 
  3.11  of public places consisting of a single room, the provisions of 
  3.12  this law shall be considered met if one side of the room is 
  3.13  reserved and posted as a no smoking area.  No public place other 
  3.14  than a bar shall be designated as a smoking area in its 
  3.15  entirety.  If a bar is designated as a smoking area in its 
  3.16  entirety, this designation shall be posted conspicuously on all 
  3.17  entrances normally used by the public.  
  3.18     Sec. 7.  Minnesota Statutes 1998, section 144.416, is 
  3.19  amended to read: 
  3.20     144.416 [RESPONSIBILITIES OF PROPRIETORS.] 
  3.21     The proprietor or other person in charge of a public place 
  3.22  that allows smoking shall make reasonable efforts to prevent 
  3.23  smoking in the public place by: 
  3.24     (a) (1) posting appropriate signs; 
  3.25     (b) (2) arranging seating to provide a smoke-free area; 
  3.26     (c) (3) asking smokers to refrain from smoking upon request 
  3.27  of a client or employee suffering discomfort from the smoke; or 
  3.28     (d) (4) any other means which may be appropriate.  
  3.29     Sec. 8.  Minnesota Statutes 1998, section 144.4165, is 
  3.30  amended to read: 
  3.31     144.4165 [TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.] 
  3.32     No person shall at any time smoke, chew, or otherwise 
  3.33  ingest tobacco or a tobacco product in a public school, as 
  3.34  defined in section 120A.05, subdivision subdivisions 9, 11, and 
  3.35  13.  This prohibition extends to all facilities, whether owned, 
  3.36  rented, or leased, and all vehicles that a school district owns, 
  4.1   leases, rents, contracts for, or controls.  Nothing in this 
  4.2   section shall prohibit the lighting of tobacco by an adult as a 
  4.3   part of a traditional Indian spiritual or cultural ceremony.  
  4.4   For purposes of this section, an Indian is a person who is a 
  4.5   member of an Indian tribe as defined in section 257.351, 
  4.6   subdivision 9. 
  4.7      Sec. 9.  [144.4166] [REASONABLE DISTANCE FROM BUILDING 
  4.8   ENTRANCES.] 
  4.9      Smoking is prohibited within a reasonable distance of an 
  4.10  entrance to a public place. 
  4.11     Sec. 10.  Minnesota Statutes 1998, section 144.417, 
  4.12  subdivision 2, is amended to read: 
  4.13     Subd. 2.  [PENALTIES.] Any person who violates section 
  4.14  144.414 or, 144.4165, or 144.4166 is guilty of a petty 
  4.15  misdemeanor. 
  4.16     Sec. 11.  [EFFECTIVE DATE.] 
  4.17     Sections 1 to 10 are effective July 1, 1999.