Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 399-H.F.No. 1283 
           An act relating to health; prohibiting smoking in day 
          care centers and health care facilities; prohibiting 
          promotional distribution of tobacco products; amending 
          Minnesota Statutes 1986, sections 144.412; 144.414; 
          and 325F.77, by adding subdivisions; repealing 
          Minnesota Statutes 1986, section 325F.77, subdivisions 
          1 and 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 144.412, is 
amended to read:  
    144.412 [PUBLIC POLICY.] 
    The purpose of sections 144.411 to 144.417 is to protect 
the public health, comfort and environment by prohibiting 
smoking in areas where children or ill or injured persons are 
present, and by limiting smoking in public places and at public 
meetings except in to designated smoking areas. 
    Sec. 2.  Minnesota Statutes 1986, section 144.414, is 
amended to read:  
    144.414 [PROHIBITIONS.] 
    Subdivision 1.  [PUBLIC PLACES.] No person shall smoke in a 
public place or at a public meeting except in designated smoking 
areas.  This prohibition does not apply in cases in which an 
entire room or hall is used for a private social function and 
seating arrangements are under the control of the sponsor of the 
function and not of the proprietor or person in charge of the 
place.  Furthermore, this prohibition shall not apply to 
factories, warehouses and similar places of work not usually 
frequented by the general public, except that the state 
commissioner of health shall establish rules to restrict or 
prohibit smoking in those places of work where the close 
proximity of workers or the inadequacy of ventilation causes 
smoke pollution detrimental to the health and comfort of 
nonsmoking employees. 
    Subd. 2.  [DAY CARE PREMISES.] Smoking is prohibited in a 
day care center licensed under Minnesota Rules, parts 9545.0510 
to 9545.0650 during its hours of operation. 
    Subd. 3.  [HEALTH CARE FACILITIES AND CLINICS.] (a) Smoking 
is prohibited in any area of a hospital, health care clinic, 
doctor's office, or other health care-related facility, other 
than a nursing home, boarding care facility, or licensed 
residential facility, except as allowed in this subdivision.  
    (b) Smoking by patients in a chemical dependency treatment 
program or mental health program may be allowed in a separated 
well-ventilated area pursuant to a policy established by the 
administrator of the program that identifies circumstances in 
which prohibiting smoking would interfere with the treatment of 
persons recovering from chemical dependency or mental illness.  
    (c) Smoking by a patient may be allowed if authorized in 
writing by the patient's attending physician. 
    Sec. 3.  Minnesota Statutes 1986, section 325F.77, is 
amended by adding a subdivision to read: 
    Subd. 3.  [LEGISLATIVE INTENT.] Because the state prohibits 
both the use of tobacco products by minors and the furnishing of 
tobacco products to minors, and because the enforcement of an 
age-related restriction on the promotional distribution of 
tobacco products is impractical and ineffective, it is the 
intent of the legislature to control the distribution of these 
products and discourage illegal activity by prohibiting all 
promotional distribution, except as allowed in this section. 
    Sec. 4.  Minnesota Statutes 1986, section 325F.77, is 
amended by adding a subdivision to read: 
    Subd. 4.  [PROHIBITION.] No person shall distribute 
smokeless tobacco products or cigarettes, cigars, pipe tobacco, 
or other tobacco products suitable for smoking, except that 
single serving samples of tobacco may be distributed in tobacco 
stores. 
    Sec. 5.  [REPEALER.] 
    Minnesota Statutes 1986, section 325F.77, subdivisions 1 
and 2, are repealed. 
    Sec.  6.  [EFFECTIVE DATE.] 
    Section 2 is effective January 1, 1990. 
    Approved June 4, 1987