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Minnesota Legislature

Office of the Revisor of Statutes

HF 349

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/18/2019 10:11pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to health; including electronic cigarettes in the definition of smoking for
purposes of the Minnesota Clean Indoor Air Act; making technical and clarifying
changes;amending Minnesota Statutes 2018, sections 144.412; 144.413,
subdivisions 1, 4; 144.414, subdivisions 2, 3; 144.416; 144.4165; 144.417,
subdivision 4; repealing Minnesota Statutes 2018, section 144.414, subdivision 5.

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

Section 1.

Minnesota Statutes 2018, section 144.412, is amended to read:


144.412 PUBLIC POLICY.

The purpose of sections 144.411 to 144.417 is to protect employees and the general
public from the hazards of secondhand smokenew text begin and involuntary exposure to aerosol or vapor
from electronic delivery devices
new text end by eliminating smoking in public places, places of
employment, public transportation, and at public meetings.

Sec. 2.

Minnesota Statutes 2018, section 144.413, subdivision 1, is amended to read:


Subdivision 1.

Scope.

As used in sections 144.411 to deleted text begin144.416deleted text endnew text begin 144.417new text end, the terms defined
in this section have the meanings given them.

Sec. 3.

Minnesota Statutes 2018, section 144.413, subdivision 4, is amended to read:


Subd. 4.

Smoking.

"Smoking" means inhaling deleted text beginordeleted text endnew text begin,new text end exhaling deleted text beginsmoke fromdeleted text endnew text begin, burning, or
carrying
new text end any lighted new text beginor heated new text endcigar, cigarette, pipe, or any other lighted deleted text begintobacco or plantdeleted text end
new text begin or heated new text endproductnew text begin containing, made, or derived from nicotine, tobacco, marijuana, or other
plant, whether natural or synthetic, that is intended for inhalation
new text end. Smoking deleted text beginalsodeleted text end includes
deleted text begin carrying a lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended
for inhalation
deleted text endnew text begin carrying or using an activated electronic delivery device, as defined in section
609.685
new text end.

Sec. 4.

Minnesota Statutes 2018, section 144.414, subdivision 2, is amended to read:


Subd. 2.

Day care premises.

deleted text begin(a)deleted text end Smoking is prohibited in a day care center licensed
under Minnesota Rules, parts 9503.0005 to 9503.0170, or in a family home or in a group
family day care provider home licensed under Minnesota Rules, parts 9502.0300 to
9502.0445, during its hours of operation. The proprietor of a family home or group family
day care provider must disclose to parents or guardians of children cared for on the premises
if the proprietor permits smoking outside of its hours of operation. Disclosure must include
posting on the premises a conspicuous written notice and orally informing parents or
guardians.

deleted text begin (b) For purposes of this subdivision, the definition of smoking includes the use of
electronic cigarettes, including the inhaling and exhaling of vapor from any electronic
delivery device as defined in section 609.685, subdivision 1.
deleted text end

Sec. 5.

Minnesota Statutes 2018, section 144.414, subdivision 3, is amended to read:


Subd. 3.

Health care facilities and clinics.

(a) Smoking is prohibited in any area of a
hospital, health care clinic, doctor's office, licensed residential facility for children, or other
health care-related facility, except that a patient or resident in a nursing home, boarding
care facility, or licensed residential facility for adults may smoke in a designated separate,
enclosed room maintained in accordance with applicable state and federal laws.

(b) Except as provided in section 246.0141, smoking by patients in a locked psychiatric
unit may be allowed in a separated well-ventilated area in the unit under a policy established
by the administrator of the program that allows the treating physician to approve smoking
if, in the opinion of the treating physician, the benefits to be gained in obtaining patient
cooperation with treatment outweigh the negative impacts of smoking.

deleted text begin (c) For purposes of this subdivision, the definition of smoking includes the use of
electronic cigarettes, including the inhaling and exhaling of vapor from any electronic
delivery device as defined in section 609.685, subdivision 1.
deleted text end

Sec. 6.

Minnesota Statutes 2018, section 144.416, is amended to read:


144.416 RESPONSIBILITIES OF PROPRIETORS.

(a) The 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 shall make reasonable efforts
to prevent smoking in the public place, public transportation, place of employment, or public
meeting 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, the proprietor, person, or entity
in charge shall handle the situation consistent with lawful methods for handling other persons
acting in a disorderly manner or as a trespasser.

(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 smoking equipment, including
ashtrays or matches, in areas where smoking is prohibited. 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 smokenew text begin or
from involuntary exposure to aerosol or vapor from electronic delivery devices
new text end. 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.

Sec. 7.

Minnesota Statutes 2018, section 144.4165, is amended to read:


144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.

No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
product, or deleted text begininhale or exhale vapor fromdeleted text endnew text begin carry or usenew text end an new text beginactivated new text endelectronic 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
, and no person under the age of 18 shall possess any of these
items. 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. Nothing in this
section shall prohibit the lighting of tobacco by an adult as a part of a traditional Indian
spiritual or cultural ceremony. 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.

Sec. 8.

Minnesota Statutes 2018, section 144.417, subdivision 4, is amended to read:


Subd. 4.

Local government ordinances.

(a) 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 smokenew text begin or from involuntary
exposure to aerosol or vapor from electronic delivery devices
new text end.

(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).

Sec. 9. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 144.414, subdivision 5, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H0349-1

144.414 PROHIBITIONS.

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 the following locations:

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

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

(3) any facility licensed by the commissioner of human services; or

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

(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.