SF 2809

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; increasing the penalty for smoking in a nonsmoking hotel
room; providing for civil and criminal penalties; amending Minnesota Statutes
2006, section 327.742, subdivisions 2, 3, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2006, section 327.742, subdivision 2, is amended to read:

Subd. 2.

Penalty.

A person who violates this section is guilty of a petty
misdemeanor. Upon conviction, the court may require a person who violates this section
to reimburse the innkeeper for actual costs deleted text begin , not to exceed $100, deleted text end incurred to restore the
room to its previolation condition.

Sec. 2.

Minnesota Statutes 2006, section 327.742, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Civil penalty and service charge. new text end

new text begin Unless a court orders reimbursement
under subdivision 2, a person who violates this section is liable to the innkeeper for the
cost of restoring the damaged room to its previolation condition and a service charge of
$30. The service charge may be imposed immediately upon the mailing of the notice
required under subdivision 4, if the notice of the charge was displayed according to
subdivision 3. If the person does not reimburse the innkeeper within 30 days after the
innkeeper has mailed notice under subdivision 4, the innkeeper may seek a civil judgment
for the cost of restoring the room to previolation condition, the service charge, and a civil
penalty not to exceed $100. If the innkeeper prevails, the court shall order payment of:
new text end

new text begin (1) interest at the legal rate for judgments under section 549.09 from the date
of nonpayment; and
new text end

new text begin (2) reasonable attorney fees, not to exceed $500.
new text end

new text begin A court may not impose a civil penalty under 30 days after the mailing of the notice
under subdivision 4.
new text end

Sec. 3.

Minnesota Statutes 2006, section 327.742, subdivision 3, is amended to read:

Subd. 3.

Notice.

Innkeepers shall post signs conspicuously in all nonsmoking
sleeping rooms stating that smoking is not permitted and advising occupants of the
provisions of this section new text begin including the innkeepers' right to seek reimbursement and to
impose a civil penalty and service charge new text end .

Sec. 4.

Minnesota Statutes 2006, section 327.742, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Notice of damage. new text end

new text begin Notice of nonpayment that includes a citation to this
section and a description of the penalties contained in it must be sent by the innkeeper to
the violating party by regular mail, supported by an affidavit of service by mailing, to the
address the person provided to the innkeeper. Failure of the person to receive a notice of
damage is not a defense to liability under this section. The notice must include a statement
that additional civil penalties will be imposed if payment is not received within 30 days.
Only one service charge may be imposed under this subdivision for each incident.
new text end

Sec. 5.

Minnesota Statutes 2006, section 327.742, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Notice of dispute. new text end

new text begin If, within the 30-day period under subdivision 2a, the
violating party sends written notice to the innkeeper disputing the innkeeper's claim that
the person smoked in a nonsmoking room, the innkeeper may collect the cost of restoring
the room to previolation condition and the civil penalties imposed by this section only
under a judgment rendered by a court of competent jurisdiction. Upon receipt of notice
of dispute, the innkeeper shall cease all collection efforts.
new text end

Sec. 6.

Minnesota Statutes 2006, section 327.742, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Not a bar to criminal liability. new text end

new text begin Civil liability under this section does not
preclude criminal liability under subdivision 2.
new text end