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The Research Department of the Minnesota House of Representatives is a nonpartisan office providing legislative, <br />legal, and information services to the entire House. <br />House Research Department  600 State Office Building  St. Paul, MN 55155  651-296-6753  www.house.mn/hrd/ <br />•Buildings on family farms <br />•A disabled veterans’ rest camp in Washington County <br />Smoking is permitted by Native Americans as part of a traditional Native <br />American spiritual or cultural ceremony and by actors as part of a theatrical <br />performance. The MCIAA also permits smoking outside, unless it is limited or <br />prohibited by local government. <br />How is the use of <br />electronic cigarettes <br />treated under the <br />MCIAA? <br />The MCIAA’s definition of smoking does not include the use of electronic <br />cigarettes, so the act does not broadly prohibit the use of electronic cigarettes in <br />public places, at public meetings, at places of employment, or in public <br />transportation. The use of electronic cigarettes is prohibited in day care centers; <br />family home and group family day care provider homes during their hours of <br />operation; health care facilities and clinics, with certain exceptions; any building <br />owned or operated by the state or a political subdivision; any facility owned by a <br />public college or university; any facility licensed by the commissioner of human <br />services, or licensed by the commissioner of health if also governed by federal <br />licensing requirements; and public schools. <br />What are the <br />responsibilities of <br />proprietors? <br />Proprietors or other people or entities who control the use of a public place, public <br />transportation, place of employment, or a public meeting must make reasonable <br />efforts to prevent smoking inside of these places, including: <br />•posting signs or employing other appropriate means of prohibiting smoking; <br />•asking smokers to refrain from smoking; <br />•asking smokers who do not refrain from smoking to leave the premises; <br />•handling smokers who refuse to leave in a manner consistent with other persons <br />acting in a disorderly manner or as a trespasser; <br />•not providing ashtrays or matches in areas where smoking is prohibited; and <br />•in a restaurant or bar, not serving an individual who smokes in an area where it <br />is prohibited. <br />Who enforces the <br />Minnesota Clean <br />Indoor Air Act? <br />The Department of Health (MDH) enforces the MCIAA and can delegate <br />enforcement to community health boards. MDH can use the enforcement <br />procedures in the Health Enforcement Consolidation Act to ensure compliance <br />with the MCIAA, including issuing fines of up to $10,000 against proprietors for <br />violations. Also, peace officers can cite proprietors and individuals who violate the <br />MCIAA. It is a petty misdemeanor to smoke, or to permit someone to smoke, in an <br />area where smoking is prohibited or restricted by the MCIAA. <br />Can local <br />governments enact <br />stricter ordinances? <br />The MCIAA authorizes local units of government to enact and enforce more <br />stringent measures than those provided in the MCIAA to protect individuals from <br />secondhand smoke, including limiting or prohibiting smoking in outdoor areas. <br />For more information: Contact legislative analyst Elisabeth Klarqvist at 651-296-5043. Additional <br />information is also available from the Minnesota Department of Health at <br />http://www.health.state.mn.us/divs/eh/indoorair/mciaa/ftb/index.html.