Posted: 9/12/07
New no smoking law in effect Oct. 1, county commissioners hear the details
By MaryHelen Swanson
Believing that the new law, which goes into effect Oct. 1, will level the playing field across the state, Chisago County Health and Human Services Director Mary Sheehan shared information with the county commissioners last week on how it will be administered.
The Freedom to Breathe Act, passed by the Minnesota Legislature May 12 and signed into law by Gov. Tim Pawlenty May 16, will extend smoke-free protection to most workers not covered under the 1975 Clean Indoor Air Act. In particular, bars, restaurants and private clubs will go smoke-free.
Sheehan said Public Health will be sending kits to all restaurants and bars in the county with information on compliance to the new law.
Exemptions to the law include traditional Native American ceremonies, nursing homes, boarding care facilities, licensed residential facilities: adults only, designated separate, enclosed rooms only and maintained in accordance with applicable state and federal law.
Other exemptions include the Disabled Veterans Rest Camp in Washington County and theatrical productions for actresses and actors only, with advance notice being required.
Proprietors must make reasonable efforts to prevent smoking by posting appropriate signs and any other means which may be appropriate, both required in current law.
When confronted with somebody smoking improperly, the proprietor must ask the smoker to refrain, ask the smoker to leave if he or she won't refrain and treat the smoker as a trespasser if he or she won't leave.
The proprietor cannot provide smoking equipment, may not serve smokers, cannot retaliate and may adopt a stricter policy than state law.
Upon hearing the report from Sheehan, Commissioner Lyn Schultz asked what happens if there is non-compliance.
Sheehan said she will personally send a letter "scolding" the establishment.
But she also noted that the county does not inspect bars and restaurants.
The first letter will come from her, she assured the commissioners, but if needed, she'll contact the county attorney.
The new law has been put into effect to protect Minnesotans from the dangers associated with exposure to secondhand smoke.
For more information, contact the Public Health department at (651) 213-5200.
In other business, the commissioners:
• Learned that a countywide pharmaceutical disposal program has been established. (see sidebar at right)
• Learned that in advancing the commuter bus program because of the I-35W bridge collapse, the Rush Line Task Force is asking Chisago County for $131,000 as its part to start up the operation.
Much discussion centered around where this money would come from as the county is preparing its 2008 budget and levy. Options to pay this amount included use of county contingency or a levy from the county's Rail Authority (which is separate, but involves the entire county board).
Commissioner Ben Montzka, who sits on the Rush Line Task Force, said "no" was not a good response to the task force, rather there should be other funding sources.
He said we need transit in our corridor.
Commissioner Bob Gustafson reminded the board that a levy for the rail authority still comes out of the same taxpayer's pocket.
There was some comfort in hearing that federal dollars may be available.
Montzka said of the program, it's a good thing and we support it, but there are the numbers, he added.
Montzka's recommendation was that Chisago County's share come out of contingency, although he asked Highway Engineer Bill Malin if he could "scare up" some money from his budget.
As the board had no clear answer from where the money would come, they decided to wait until Sept. 26 to make a decision.
The Rush Line Task Force has given the counties until the task force's October meeting to respond. Pine County has said no.
• Appointed Lisa Thibadeau interim Solid Waste Director as Gary Noren takes a year of leave to perform other duties in area schools.
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