Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 576-S.F.No. 1898 
           An act relating to clean indoor air; prohibiting the 
          use of all tobacco products in public elementary and 
          secondary schools; removing a provision allowing 
          certain persons to smoke in health care facilities; 
          amending Minnesota Statutes 1990, sections 144.413, 
          subdivision 2; 144.414, subdivision 3; and 144.417, 
          subdivisions 2 and 3; proposing coding for new law in 
          Minnesota Statutes, chapter 144. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 144.413, 
subdivision 2, is amended to read: 
    Subd. 2.  [PUBLIC PLACE.] "Public place" means any 
enclosed, indoor area used by the general public or serving as a 
place of work, including, but not limited to, restaurants, 
retail stores, offices and other commercial establishments, 
public conveyances, educational facilities other than public 
schools, as defined in section 120.05, subdivision 2, hospitals, 
nursing homes, auditoriums, arenas and meeting rooms, but 
excluding private, enclosed offices occupied exclusively by 
smokers even though such offices may be visited by nonsmokers.  
     Sec. 2.  Minnesota Statutes 1990, 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, 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.  [144.4165] [TOBACCO PRODUCTS PROHIBITED IN PUBLIC 
SCHOOLS.] 
    No person shall at any time smoke or use any other tobacco 
product in a public school, as defined in section 120.05, 
subdivision 2.  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.  This 
prohibition does not apply to a technical college. 
    Sec. 4.  Minnesota Statutes 1990, section 144.417, 
subdivision 2, is amended to read: 
    Subd. 2.  [PENALTIES.] Any person who violates section 
144.414 or 144.4165 is guilty of a petty misdemeanor. 
    Sec. 5.  Minnesota Statutes 1990, section 144.417, 
subdivision 3, is amended to read: 
    Subd. 3.  [INJUNCTION.] The state commissioner of health, a 
board of health as defined in section 145A.02, subdivision 2, or 
any affected party may institute an action in any court with 
jurisdiction to enjoin repeated violations of section 144.416 or 
144.4165. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 and 3 to 5 are effective August 15, 1993. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 8:22 a.m.