Minnesota Session Laws - 2008, Regular Session

CHAPTER 355--S.F.No. 2809

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

Presented to the governor May 19, 2008

Signed by the governor May 23, 2008, 11:50 a.m.