St. Paul, MN

Minn. Stat. § 462A.201. HOUSING TRUST FUND ACCOUNT.
Effective: 6/30/17 – Through: 5/31/23
Subdivision 1. Creation. (a) The housing trust fund account is created as a separate account in the housing development fund.

(b) The housing trust fund account consists of:

(1) money appropriated and transferred from other state funds;

(2) interest accrued from real estate trust accounts as provided under section 82.75, subdivision 8;

(3) gifts, grants, and donations received from the United States, private foundations, and other sources; and

(4) money made available to the agency for the purpose of the account from other sources.

Subd. 2. Low-income housing. (a) The agency may use money from the housing trust fund account to provide loans or grants for:

(1) projects for the development, construction, acquisition, preservation, and rehabilitation of low-income rental and limited equity cooperative housing units, including temporary and transitional housing;

(2) the costs of operating rental housing, as determined by the agency, that are unique to the operation of low-income rental housing or supportive housing;

(3) rental assistance, either project-based or tenant-based; and

(4) programs to secure stable housing for families with children eligible for enrollment in a prekindergarten through grade 12 academic program.

For purposes of this section, “transitional housing” has the meaning given by the United States Department of Housing and Urban Development. Loans or grants for residential housing for migrant farmworkers may be made under this section.

(b) The housing trust fund account must be used for the benefit of persons and families whose income, at the time of initial occupancy, does not exceed 60 percent of median income as determined by the United States Department of Housing and Urban Development for the metropolitan area. At least 75 percent of the funds in the housing trust fund account must be used for the benefit of persons and families whose income, at the time of initial occupancy, does not exceed 30 percent of the median family income for the metropolitan area as defined in section 473.121, subdivision 2. For purposes of this section, a household with a housing assistance voucher under Section 8 of the United States Housing Act of 1937, as amended, is deemed to meet the income requirements of this section.

The median family income may be adjusted for families of five or more.

(c) Rental assistance under this section must be provided by governmental units which administer housing assistance supplements or by for-profit or nonprofit organizations experienced in housing management. Rental assistance shall be limited to households whose income at the time of initial receipt of rental assistance does not exceed 60 percent of median income, as determined by the United States Department of Housing and Urban Development for the metropolitan area. Priority among comparable applications for tenant-based rental assistance will be given to proposals that will serve households whose income at the time of initial application for rental assistance does not exceed 30 percent of median income, as determined by the United States Department of Housing and Urban Development for the metropolitan area. Rental assistance must be terminated when it is determined that 30 percent of a household’s monthly income for four consecutive months equals or exceeds the market rent for the unit in which the household resides plus utilities for which the tenant is responsible. Rental assistance may only be used for rental housing units that meet the housing maintenance code of the local unit of government in which the unit is located, if such a code has been adopted, or the housing quality standards adopted by the United States Department of Housing and Urban Development, if no local housing maintenance code has been adopted.

(d) In making the loans or grants, the agency shall determine the terms and conditions of repayment and the appropriate security, if any, should repayment be required. To promote the geographic distribution of grants and loans, the agency may designate a portion of the grant or loan awards to be set aside for projects located in specified congressional districts or other geographical regions specified by the agency. The agency may adopt rules for awarding grants and loans under this subdivision.

Subd. 3. Matching funds. The agency may use money from the housing trust fund account to match federal, local, or private money to be used for projects authorized under subdivision 2.

Subd. 4. [Repealed, 1Sp2001 c 4 art 5 s 10]

Subd. 5. [Repealed, 1993 c 309 s 32]

Subd. 6. Report. The agency shall submit a biennial report to the legislature and the governor on the use of the housing trust fund account including the number of loans and grants made, the number and types of residential units assisted through the account, the number of households for whom rental assistance payments were provided, and the number of residential units assisted through the account that were rented to or cooperatively owned by persons or families at or below 30 percent of the median family income of the metropolitan area at the time of initial occupancy.

Subd. 7. Capacity building grant set-aside. Five percent of the money credited to the housing trust fund account under section 82.75, subdivision 8, may be used to make capacity building grants as provided under section 462A.21, subdivision 3b.

Minn. Stat. § 174.75. Complete streets
Effective 7/1/2024 – Through 7/1/2024
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.

(b) “Complete streets” is the planning, scoping, design, implementation, operation, and maintenance of roads in order to reasonably address the safety and accessibility needs of users of all ages and abilities. Complete streets considers the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial and emergency vehicles moving along and across roads, intersections, and crossings in a manner that is sensitive to the local context and recognizes that the needs vary in urban, suburban, and rural settings.

(c) “Vulnerable road user” has the meaning given in section 169.011, subdivision 92b.

Subd. 2. Implementation. (a) The commissioner must implement a complete streets policy after consultation with stakeholders, state and regional agencies, local governments, and road authorities. The commissioner, after such consultation, must address relevant protocols, guidance, standards, requirements, and training.

(b) The complete streets policy must include but is not limited to:

(1) integration of related principles of context-sensitive solutions;

(2) integration throughout the project development process;

(3) methods to evaluate inclusion of active transportation facilities in a project, which may include but are not limited to sidewalks, crosswalk markings, pedestrian accessibility, and bikeways; and

(4) consideration of consultation with other road authorities regarding existing and planned active transportation network connections.

Subd. 2a. Implementation guidance. The commissioner must maintain guidance that accompanies the complete streets policy under this section. The guidance must include sections on:

(1) an analysis framework that provides for:

(i) identification of characteristics of a project;

(ii) highway system categorization based on context, including population density, land use, density and scale of surrounding development, volume of highway use, and the nature and extent of active transportation; and

(iii) relative emphasis for different road system users in each of the categories under item (ii) in a manner that supports safety and mobility of vulnerable road users, motorcyclists or other operators of two- or three-wheeled vehicles, and public transit users; and

(2) an analysis of speed limit reductions and associated roadway design modifications to support safety and mobility in active transportation.

Subd. 3. Report. The commissioner shall report on the implementation of the complete streets policy in the agency’s biennial budget submission under section 174.02.

Subd. 4. Local road authorities. Local road authorities are encouraged, but not required, to create and adopt complete streets policies for their roads that reflect local context and goals. Nothing in this section may be construed to prohibit a local road authority from adopting a complete streets policy that incorporates or exceeds statutory complete streets principles.

Subd. 5. Variances from engineering standards. (a) When evaluating a request for a variance from the engineering standards for state-aid projects under chapter 162 in which the variance request is related to complete streets, the commissioner shall consider the latest edition of:

(1) A Policy on Geometric Design of Highways and Streets, from the American Association of State Highway and Transportation Officials; and

(2) for projects in urban areas, the Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities, from the Institute of Transportation Engineers.

(b) If the commissioner denies a variance request related to complete streets, the commissioner shall provide written reasons for the denial to the political subdivision that submitted the request.

Board of Ramsey County Commissioners, Resolution No. B2016-314
Effective: 12/12/16 – Through: 5/31/23
WHEREAS, A quality comprehensive transportation system is fundamental to advancing the county’s vision of “A Vibrant Community in Which All are Valued and Thrive”, with a commitment to creating and maintaining a transportation system that provides equitable access for all people regardless of race, ethnicity, age, gender, sexual preference, health, education, abilities, and economics; and

WHEREAS, Ramsey County is fully developed and the most urbanized county in Minnesota, with an extraordinarily diverse population and evolving demographics; and

WHEREAS, The County Board conducted two workshops in July 2016 to discuss the County’s existing approach to developing an All Abilities Transportation Network and to identify strategic steps to improve planning, design and implementation of such a network; and

WHEREAS, The policy set forth herein has been created to unify County transportation efforts under a shared vision and implementation strategy that allow pedestrians and bicyclists to move freely and safely throughout the County, and to demonstrate the County’s commitment to all people who use the transportation system; Now, Therefore, Be It

RESOLVED, The Ramsey County Board of Commissioners adopts the Ramsey County All Abilities Transportation Network Policy as follows:

Ramsey County All Abilities Transportation Network Policy

The Ramsey County Board of Commissioners is committed to creating and maintaining a transportation system that provides equitable access for all people regardless of race, ethnicity, age, gender, sexual preference, health, education, abilities, and economics. This is broadly defined as an “All Abilities” Transportation Network. Transforming this commitment into reality requires consistent leadership and collaboration over time, and must incorporate the best ideas from across the region, state and country. The policy set forth herein has been created to unify County transportation efforts under a shared vision and implementation strategy, and to clarify its commitment to: people of all abilities; an integrated and fully interconnected transportation system that utilizes a variety of modes; and safety, health, mobility and connectivity for all residents and businesses.

[…]

Minnesota DOT Complete Streets Policy OP004
Effective: 5/19/16 – Through: 5/31/23
POLICY STATEMENT

The Minnesota Department of Transportation (MnDOT) must follow a complete streets approach in all phases of planning, project development, operation, and maintenance activities.

REASON FOR POLICY

 Ensure compliance with Minnesota Statutes §174.75 directing MnDOT to implement a complete streets policy.

 Support the goals of the transportation system in Minnesota Statutes §174.01, specifically:

o Minimize fatalities and injuries for transportation users throughout the state

o Provide multimodal and intermodal transportation facilities and services to increase access for all persons and businesses

o Increase use of transit as a percentage of all trips

o Increase bicycling and walking as a percentage of all trips

 Ensure alignment with MnDOT’s mission, the Minnesota GO Vision, and the Statewide Multimodal Transportation Plan.

WHO NEEDS TO KNOW THIS POLICY?

MnDOT staff, local agency representatives, consultants, and contractors responsible for:

 Planning, scoping, designing, constructing or maintaining projects along trunk highway right of way

DEFINITIONS

Complete Streets

The purpose of complete streets is to address the safety and accessibility needs of users of all ages and abilities. MnDOT assesses user needs at several stages of planning, project scoping and designing, construction, operation, and maintenance.

User Group

A category of transportation users or modes such as people walking, people bicycling, transit operators and transit riders, commercial trucks drivers, etc.

Vulnerable Users

Road users who are most at risk for serious injury or death when involved in a motor-vehicle related collision, including but not limited to people bicycling and pedestrians of all ages, types and abilities.

PROCEDURES

Evaluate and balance the needs of all users (pedestrians, bicyclists, freight, transit, motor vehicles, etc.) during planning, scoping, design, construction, operations and maintenance of the trunk highway network. The analysis must include the access and mobility needs of user groups moving both along trunk highways and crossing trunk highways. The objective is not all modes on all roads, but rather interconnected and integrated networks for all users.

Capital Program Priorities

Districts must evaluate opportunities to address the needs of all users both at the individual project level and when developing Area Transportation Improvement Programs and 10-Year Capital Investment Highway Investment Plans. Within the Minnesota 20-Year State Highway Investment Plan direction and annual fiscal constraints, districts should give higher priority to opportunities to address identified user needs on projects that meet the following criteria:

 Affected population includes a high proportion of individuals covered by Title VI of the Civil Rights Act and Environmental Justice

 Have a higher probability of increasing the number of people biking, walking or taking transit, consistent with Minnesota Statutes §174.01

 Addresses a significant safety issue for vulnerable users

 Addresses a gap or barrier created by prior transportation investments

 Are identified in a local or regional plan

Preservation Projects

All construction projects on the trunk highway network must follow a complete streets approach, but the purpose and need of a project may constrain the available options. While the primary purpose of preservation projects is maintaining and extending the useful life of existing infrastructure, they still offer opportunities to make low-cost improvements. Project managers and designers must consider and evaluate options to address identified user needs within the scope and available budget of preservation projects. In particular, designers will evaluate options to reallocate existing space to increase safety, usability, and accessibility for all user groups.

Design

Designers will use MnDOT-adopted design criteria and guidance as the design basis for projects and should consult:

 A Policy on Geometric Design on Highways and Streets American Association of State Highway and Transportation Officials (AASHTO)

 Designing Walkable Urban Thoroughfares: A Context Sensitive Approach Institute of Transportation Engineers (ITE)

 Urban Street Design Guide National Association of City Transportation Officials (NACTO)

 Highway Safety Manual (AASHTO)

The design process must include attention to speed outcomes, especially in urban, suburban and recreational environments where vulnerable users are common. Operating speed is a key factor in the severity of crashes involving both motorized and non-motorized traffic. Consider design speed a target speed rather than a maximum safe speed.

Project documentation

All transportation construction projects within trunk highway right of way must have a documented complete streets project report identifying considerations for all users. Project managers must complete the reports at the end of project scoping and revise them at 30 percent final design.

Construction projects that meet all of the following criteria must follow a complete streets approach, but are exempt from the project documentation requirements of this policy:

 The project is completely outside an incorporated community or tribal land.

 No industrial parks, business parks, major freight generators, schools, places of worship, shopping centers, parks or recreational areas are directly adjacent to the highway within the project area.

 No segment of the project is part of a designated current or future bikeway or trail.

 No trails, shared use paths or sidewalks intersect or run parallel to the highway within the project area.

 No rail lines intersect the highway within the project area.

Reason for non-provision (situations where a complete streets approach is used, but provisions for a user group may not be feasible or prudent)

In project development, design, construction, operations and maintenance, MnDOT may not be able to address the needs of a user group when one or more of the following apply:

 The user group is legally prohibited from using the highway according to Minnesota Statutes §169.305.

 There is no evidence of a current need to provide for the user group, no plans identify the project corridor for future use, and land use trends suggest an absence of future need over the life of the project.

 All identified options require excessive expenditure of time, money, or resources due to a variety of challenges, such as design, permits or right of way acquisition.

 A local unit of government with jurisdiction refuses municipal consent.

 MnDOT and a local unit of government with jurisdiction or other transportation partner (i.e. transit agency, trail authority, etc.) cannot reach an agreement on operation and maintenance responsibilities.

 Expanding the scope of a preservation project would significantly reduce or compromise the preservation of existing trunk highway assets.

Policy Exemption

The following activities are exempt from this policy:

 Emergency, routine or localized maintenance and repair work (debris removal, sweeping, pothole patching, sidewalk patching, joint and crack repair, pond cleaning, bridge painting, etc.).

 Projects such as storm water tunnels, storm sewers, landscaping, and slope stabilization that do not directly affect transportation system users.

 Roadside infrastructure projects on freeways that do not involve entrance/exit ramps, loops or overpasses such as high-tension cable guardrail, sign replacements, and overhead sign structure replacements.

RESPONSIBILITIES

State Design Engineer

 Develop, implement, and maintain an oversight process that adheres to the policy.

 Review complete streets projects reports (“Reasons for Non-Provision”) to substantiate and justify findings.

 Develop and offer training and technical assistance to support local governments, Metropolitan Planning Organizations (MPOs), Regional Development Commissions (RDCs), and other agencies implementing complete streets.

Manager, Planning and Data Analysis

 Develop and track process indicators for implementation of complete streets.

 Track established performance indicators that contribute to complete streets goals and provide timely reports to the Senior Leadership Team.

 Provide Complete Streets Project Reports to the public, stakeholders, and advocates, as requested.

Senior Leadership Team

 Review performance measures and indicators for complete streets implementation annually.

 Modify process as needed based on implementation trends.

Modal Offices

 Identify system users, conditions, needs and priorities.

 Provide technical support to district staff.

Planners

 Solicit input from transportation stakeholders and the public to identify user group needs on the system.

 Record the current and future land use contexts and needs of transportation user groups in project documentation.

 Identify system conditions and needs in plans and corridor studies.

 Identify opportunities to address the needs of all user groups when developing 10-Year Highway Capital Investment Plans.

Assistant District Engineers

 Identify opportunities to address the needs of all transportation user groups when programming projects.

 Apply priorities identified in modal plans and this policy when developing 10-Year Highway Capital Investment Plans.

 Approve Complete Streets Project Reports at project scoping and reapprove at 30% final design.

Project Managers

 Solicit input from transportation stakeholders and the public to identify user group needs on the system.

 Assess the current and future needs of each user group in project scoping and design.

 Assess and quantify risks and opportunities related to complete streets when developing project budgets.

 Collaborate and consult with modal planning and technical staff.

 Submit Complete Streets Project Reports at project scoping and revise at 30% final design.

 When there is a question in determining a design threshold, consult the appropriate modal or technical office to inform decision-making.

 Where users are legally prohibited from using a roadway, look for opportunities to address or remove barriers to network connectivity and crossings.

Traffic Engineers and Designers

 Include all affected users in project safety reviews, road safety audits, traffic modeling, and intersection control evaluations.

 Address the safety needs and ease of use of vulnerable users, especially in lower-speed environments and at intersections.

 Include attention to speed outcomes, especially in urban, suburban, and recreational environments where vulnerable users are common. Consider design speed a target speed rather than a maximum safe speed.

 Look for low cost solutions on preservation projects to provide complete streets improvements.

 Where users are legally prohibited from using a roadway, look for opportunities to address or remove barriers to network connectivity and crossings.

Resident Construction Engineers and Project Engineers

 Provide alternative and accessible routes and detours to perpetuate previously existing modes of travel, including pedestrians and bicyclists, when closing roads, bridges, shared use paths or sidewalks for construction or maintenance work. Coordinate with the Office of Freight and Commercial Vehicle Operations to ensure oversize/overweight permitted loads are appropriately detoured.

 Clear any field changes having the potential of affecting modal functionality with the project manager and designer.

Maintenance Engineers and Maintenance Supervisors

 Provide alternative and accessible routes and detours to perpetuate previously existing modes of travel, including pedestrians and bicyclists, when closing roads, bridges or sidewalks for construction or maintenance work.

 Work with local jurisdictions and transit providers to identify responsibility for maintenance and snow removal on facilities such as sidewalks, shared use paths, crossings, bridges, underpasses, and transit stops and hubs.

FREQUENTLY ASKED QUESTIONS

Q: What is a complete streets approach?

A: A complete street approach to road planning and design considers and balances the needs of all transportation users.

 It is about the basics—improving the safety and functionality of the transportation system for all users. The main premise is nothing more than for people to get around safely and efficiently from point A to point B, using whatever mode of travel they choose.

 There is no one prescription or template for complete streets, which means that there are no easy answers to the question, “what is a complete street?”

 It is context sensitive. The design selected through a complete streets approach will look different in a rural setting from that selected for a main street running through a small community, which may look different from a design selected in a large metropolitan area.

Q. What are the core principles of a complete streets approach?

A: Generally speaking, a complete streets approach includes the following four principles:

 Multi-modal perspective

Address each mode of transportation within the context of the system and the connections that exist and necessary connections within that system.

 Network considerations

Transportation is about an interconnected system or network that goes beyond the project or corridor in question to the community and network as a whole.

 Collaboration across disciplines

Project planning is with multi-disciplinary teams of staff and stakeholders.

 Across and along the corridor

Document how transportation users cross a corridor, not just move along or through a corridor.

Q: Is complete streets a grant program?

A: There is no specific funding set aside for complete streets, and there is no mandate to redistribute existing funds. MnDOT’s policy emphasizes planning and designing the transportation system for all user groups.

Q: Are local agencies required to adopt complete streets policies?

A: No, local agencies are not required to develop a complete streets policy. However, Minnesota Statutes §174.75 states, “Local road authorities are encouraged, but not required, to create and adopt complete streets policies for their roads that reflect local context and goals.” Complete streets policies help communities plan for a balanced and integrated transportation system.

Q: Is complete streets only for non-motorized transportation?

A: No, a complete streets approach addresses the needs of all users of the transportation system, including freight and commercial vehicles and balances those needs.

Q: Does complete streets mean all transportation modes on all roads?

A: No, a complete streets approach is not “all modes on all roads.” It is about considering people who want to use the transportation system today and in the future, and providing transportation choices that address those needs. The complete streets approach emphasizes a network and system approach, ensuring that the transportation system as a whole provides mobility and accessibility for all users.

[…]

Saint Paul Comprehensive Plan Policies that Support Complete Streets
Effective: 10/13/16 – Through: 5/31/23
“Provide a Safe and Well-maintained System” policies:

1.1 Complete the streets- The needs of all users and the transportation system- including pedestrians, cyclists, freight and motor vehicles- should be accommodated and balanced to the extent appropriate to the function and the context of the street.

1.2 Examine alternatives to enhance safety through right‐of‐way design, including narrowing or removing lanes on roads.

1.3 Evaluate existing crosswalk striping, design, and pedestrian‐scale lighting standards.

1.4 Implement reconstruction projects for improved safety.

1.6 Design for improved accommodation of pedestrians and bicycles on bridges.

1.7 Minimize and consolidate driveway curb cuts on commercial streets as opportunities arise.

1.8 Support the completion of Residential Street Vitality Program (RSVP), an ongoing program to reconstruct and improve the appearance, function, and safety of Saint Paul streets.

1.12 Partner with schools, nonprofits, other government agencies, and businesses to educate people about bicycling and walking.

1.13 Establish freight corridors to enable the prompt delivery and transfer of cargo and to reduce noise and air pollution in adjoining neighborhoods.

1.14 Increase pedestrian, bicycle, and motorist safety through effective law enforcement, detailed crash analysis, and engineering improvements to reduce the risk of crashes.

“Enhance Balance and Choice” Policies:

2.1 Create true transportation choices for residents, workers, and visitors in every part of the city. The City should create places to live, work, play, and conduct business that do not depend principally on the automobile for access, but rather accommodate all modes of transportation.

2.4 Develop a strategy for investing in a broad range of infrastructure projects, including, but not limited to, street and traffic improvements to support the growth of existing employment, services, parks, and schools.

2.6 Focus on the improvement and extension of bus service and facilities on existing transit routes, and on new routes to serve proposed LRT stations in collaboration with Metro Transit.

2.11 Create more seamless connections between pedestrians, bicycles, transit, and automobiles.

“Support Active Lifestyles and a Healthy Environment” Policies:

3.1 Support cooperative efforts in streetscape design, landscaping, pedestrian‐scale lighting, and other amenities for people.

3.2 Formalize citywide standards and above‐standard options for pedestrian oriented streetscapes.

3.3 Strengthen pedestrian pathways between housing, transit, and neighborhood services.

3.4 Develop and maintain a complete and connected bikeway system.

3.6 Fill gaps in the bikeway system.

3.7 Create a comprehensive system of bicycle network and pedestrian path signage and wayfinding.

3.8 Promote “bicycle boulevards” as a new type of bikeway.

3.9 Adopt a citywide bicycle parking requirement.

3.10 Create public bicycle parking facilities to increase bicycling trips citywide.

3.11 Provide safe citywide connections to schools, libraries, parks, and recreation centers, with improved crossings and comfortable pedestrian environments at high demand destinations.

“Enhance and Connect Neighborhoods” Policies:

4.4 Coordinate with surrounding communities and jurisdictions to enhance regional bicycle and pedestrian networks, recognizing the importance of Saint Paul in regional and statewide connectivity.

4.7 Connect neighborhoods that have poor sidewalks or little access to trails and bike routes, especially east and north of Downtown.

Resolution No. 24, City of Saint Paul, Minnesota
Effective: 3/17/09 – Through: 5/31/23
WHEREAS the City of Saint Paul strives to be the most livable city in America and

WHEREAS livability includes the safe movement of people and goods along all public rights of way and

WHEREAS Complete Streets is a national movement to design and construct streets for all users of all ages and abilities including motorists freight haulers transit users bicyclists and pedestrians and

WHEREAS there were 454 vehicle pedestrian and vehicle bicycle crashes in St Paul from June 2006 through June 2008 and that among the pedestrians and cyclists involved in these crashes seniors and children are over represented and WHEREAS the City of Saint Paul recognizes the health benefits of Complete Streets which increase the attractiveness and convenience of bicycling and walking and consequently increase the accessibility of exercise health and well being for Saint Paul residents and

WHEREAS Complete Streets are a tool for improving the attractiveness and convenience of transportation modes such as walking bicycling and transit that reduce St Paul’s dependence on dwindling supplies of increasingly costly fossil fuels and thereby also lessen our role in climate change and

WHEREAS the City of Saint Paul recognizes the public safety benefits of Complete Streets where more people walking and bicycling on our streets means more eyes on the streets and

WHEREAS the City of Saint Paul recognizes that one of the competitive advantages of cities is that land uses are in close proximity to one another and people can and do walk and bicycle for transportation and that Saint Paul places a high value on creating safe environments for people to get from place to place and

WHEREAS the newly adopted Transportation Chapter of Saint Paul’s Comprehensive Plan highlights the need to complete the streets by accommodating and balancing the needs of all users of the transportation system including pedestrians cyclists transit freight and motor vehicle drivers to the extent appropriate to the function and context of the street The public right of way must account for the safety and convenience of the most vulnerable populations including children seniors persons with disabilities and those who cannot or do not drive a motor vehicle and

WHEREAS the Saint Paul Department of Public Works already pursues Complete Streets and supports this new policy and

WHEREAS the Minnesota Legislature has ordered a study of the benefits feasibility and costs of adopting a complete streets policy to be submitted by December 5, 2009 (see SF3223 and HF3800) and

WHEREAS the Capital city of the State of Minnesota can be a leader for the state setting a precedent for making streets safe and friendly for users of all kinds and

NOW THEREFORE BE IT RESOLVED that the Saint Paul City Council adopts a Complete Streets policy to be implemented by the Department of Public Works and adhered to in the process of constructing new streets or reconstructing existing streets in Saint Paul and

BE IT ALSO RESOLVED that the Council intends for Complete Streets in Saint Paul to be achieved over time project by project and drawing on all possible funding sources in order for financial flexibility to 48 assist in implementing Complete Streets and

BE IT FINALLY RESOLVED that the City Council requests that the Department of Public Works in consultation with the Department of Planning and Economic Development complete a study to create guidelines and definitions of Complete Streets for different street types in Saint Paul including residential parkway commercial corridor arterial etc for review by the Planning Commission to be brought back to Council for consideration no later than January 1, 2010.

St. Paul Code of Ordinances § 233.02 Definitions
10/18/2023 – 01/01/2025
For purposes of this chapter, the following definitions apply:

City means the City of Saint Paul.

Code means the legislative code of the City of Saint Paul, title II of the Saint Paul code of ordinances.

Council means the City Council of the City of Saint Paul.

Department means the Department of Human Rights and Equal Economic Opportunity or any department or office that by ordinance or resolution is designated the successor to the department.

Director means the Director of the Department of Human Rights and Equal Economic Opportunity or his or her designee.

Domestic Abuse has the meaning given in Minn. Stats. § 518B.01 or a successor statute.

Earned Sick and Safe Time means leave, including paid time off and other paid leave systems, that is paid at the same hourly rate as an Employee earns from employment that may be used for the same purposes and under the same conditions as provided under section 233.04, paragraph (2) of this chapter, but in no case shall this hourly rate be less than that provided under chapter 224 of the Code 224 of the Code or other applicable minimum wage law.

Employee means any person who is employed by an Employer, including temporary and part-time employees, who perform work within the geographic boundaries of the City for at least eighty (80) hours in a Year for that Employer. For purposes of this chapter, Employee does not include:

(1) an Independent Contractor;

(2) an individual employed by an air carrier as a flight deck or cabin crew member who:

(a) is subject to United States code, title 45, section 181 to 188

(b) works less than a majority of their hours within the geographic boundaries of Saint Paul in a calendar year; and

(c) is provided with paid leave equal to or exceeding the amounts in section 233.03.

Employer means a person who has one (1) or more Employees. The term includes an individual, corporation, partnership, business trust, association, nonprofit organization, or a group of persons. In the case of an Employee leasing company or professional employer organization, the taxpaying employer, as described in Minnesota State statute section 268.046, subdivision 1, remains the employer. In the case of an individual provider within the meaning of section 256B.0711, subdivision 1, paragraph (d), the employer includes any participant within the meaning of section 256B.0711, subdivision 1, paragraph (e), or participant’s representative within the meaning of section 256B.0711, subdivision 1, paragraph (f). In the event that a temporary Employee is supplied by a staffing agency, absent a contractual agreement stating otherwise, that individual shall be an Employee of the staffing agency for all purposes of chapter 233 of the Code. For purposes of this chapter, Employer does not include:

(1) The United States government,

(2) The state, including any officer, department, agency, authority institution, association, society, or other body of the state including the legislature and the judiciary,

(3) Any county or local government except the City of Saint Paul.

Family Member means

(1) an Employee’s

(a) child, foster child, adult child, legal ward, child for whom the Employee is legal guardian, or child to whom the Employee stands or stood in loco parentis;

(b) spouse or registered domestic partner;

(c) sibling, stepsibling, or foster sibling;

(d) biological, adoptive, or foster parent, stepparent, or a person who stood in loco parentis when the Employee was a minor child;

(e) grandchild, foster grandchild, or stepgrandchild;

(f) grandparent or stepgrandparent;

(g) a child of a sibling of the Employee;

(h) a sibling of the parents of the Employee; or

(i) a child-in-law or sibling-in-law;

(2) any of the Family Members listed in clause (1) of a spouse or registered domestic partner;

(3) any other individual related by blood or whose close association with the Employee is the equivalent of a family relationship; and

(4) up to one individual annually designated by the Employee.

Health Care Professional means any person licensed, certified, or otherwise authorized under federal or state law to provide medical or emergency services, including doctors, physician assistants, nurses, advanced practice registered nurses, mental health professionals, and emergency room personnel.

Independent Contractor has the meaning defined in the Labor and Industry Chapters of the Minn. Stats. §§ 181.723 and 176.042, as defined in Minnesota Rules Chapter 5224, or as defined in any subsequent related statutes or rules.

Prevailing wage rate has the meaning given in Minn. Stats. § 177.42 and as calculated by the state department of labor and industry.

Sexual Assault means an act that constitutes a violation under Minn. Stats. §§ 609.342 to 609.3453 or § 609.352 or a successor statute.

Stalking has the meaning given in Minn. Stats. § 609.749 or a successor statute.

Year means a regular and consecutive 12-month period, either calendar or fiscal, as determined by an Employer and clearly communicated to each Employee of that Employer.

St. Paul Code of Ordinances § 233.03 Accrual of Earned Sick and Safe Time
10/18/2023 – 01/01/2025
(a) When Employees accrue. Employees shall accrue Earned Sick and Safe Time at the commencement of employment. For individuals who are employed on the date this ordinance takes effect, accrual shall begin on the date this ordinance takes effect.

(b) Accrual. Employees accrue a minimum of one (1) hour of Earned Sick and Safe Time for every thirty (30) hours worked within the geographic boundaries of the City. Earned Sick and Safe Time shall accrue only in hour-unit increments; there shall be no accrual of a fraction of an hour of Earned Sick and Safe Time. Employers are not required to allow accrual of more than forty-eight (48) hours in a single calendar or fiscal Year, but may agree to provide more hours upon agreement with their Employee(s).

(c) Carry over.

(1) Except as provided in paragraph (2) of this subsection, Employers must permit an Employee who has worked within the geographic boundaries of the City during more than one (1) Year to carry over accrued but unused Earned Sick and Safe Time into the following Year. Time carried over is limited to, and Employers must allow Employees to accrue up to up to eighty (80) hours of Earned Sick and Safe Time unless the Employer agrees with their Employee to a higher amount.

(2) In lieu of permitting the carryover of accrued but unused sick and safe time into the following Year as provided under paragraph (1) of this subsection, an Employer may provide an Employee with Earned Sick and Safe Time for the Year that meets or exceeds the requirements of this section that is available for the Employee’s immediate use at the beginning of the subsequent Year as follows:

a. 48 hours, if an Employer pays an Employee for accrued but unused Earned Sick and Safe Time at the end of a Year at the same hourly rate as an Employee earns from employment; or

b. 80 hours, if an Employer does not pay an Employee for accrued but unused Earned Sick and Safe Time at the end of a Year at the same or greater hourly rate as an Employee earns from employment. In no case shall this hourly rate be less than that provided under Chapter 224 of the Code, or any applicable minimum wage law.

An Employer opting to comply with accrual requirements under this paragraph must apply the same method of compliance to all employees.

(d) An Employer may comply with this chapter and is not required to provide additional Earned Sick and Safe Time by providing a paid-leave policy, including those made up of a combination of sick, personal, and vacation leave, provided that the policy:

(1) Provides Employees an amount of total paid leave that is consistent with this chapter;

(2) The leave may be used for the same purposes as provided in this chapter;

(3) The leave may be used under the same conditions as provided in this chapter;

(4) The leave is sufficient to meet the requirements for Earned Sick and Safe Time as stated in subsections (a)—(c) of this section; and

(5) The leave provided is at least sufficient to satisfy requirements under Minnesota state law.

(e) An Employer is not required to provide financial or other reimbursement to an employee upon the employee’s termination, resignation, retirement, or other separation from employment for Earned Sick and Safe Time that the employee has not used.

St. Paul Code of Ordinances § 233.04 Use of Earned Sick and Safe Time
10/18/2023 – 01/01/2025
(a) Earned Sick and Safe Time shall be provided to an Employee by an Employer for:

(1) An Employee’s:

(a) mental or physical illness, injury, or health condition;

(b) need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or

(c) need for preventive medical care;

(2) The employee to provide care for a Family Member:

(a) with a mental or physical illness, injury, or health condition;

(b) who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or

(c) who needs preventive medical care;

(3) An absence due to Domestic Abuse, Sexual Assault, or stalking of the Employee or Employee’s Family Member, provided the absence is to:

a. Seek medical attention related to physical or psychological injury or disability caused by Domestic Abuse, Sexual Assault, or Stalking;

b. Obtain services from a victim-services organization;

c. Obtain psychological or other counseling;

d. Seek relocation or take steps to secure an existing home due to Domestic Abuse, Sexual Assault, or Stalking; or

e. Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from Domestic Abuse, Sexual Assault, or Stalking.

(4) The closure of the Employee’s place of business due to weather or other public emergency or Employee’s need to care for a Family Member whose school or place of care has been closed due to weather or other public emergency.

(5) The Employee’s inability to work or telework because the Employee is: (i) prohibited from working by the Employer due to health concerns related to the potential transmission of a communicable illness related to a public emergency; or (ii) seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and such Employee has been exposed to a communicable disease or the Employee’s Employer has requested a test or diagnosis;

(6) When it has been determined by the health authorities having jurisdiction or by a Health Care Professional that the presence of the Employee or Family Member of the Employee in the community would jeopardize the health of others because of the exposure of the Employee or Family Member of the Employee to a communicable disease, whether or not the Employee or Family Member has actually contracted the communicable disease. For the purposes of this subdivision, a public emergency shall include a declared emergency, as defined in Minnesota Statute section 12.03 or a declared local emergency under section 12.29.

(b) Employees may use Earned Sick and Safe Time in the smallest increment of time tracked by the Employer’s payroll system, provided such increment is not more than four (4) hours.

(c) An Employer must compensate an employee for used Earned Sick and Safe Time at the Employee’s standard hourly rate, for hourly Employees, or an equivalent rate, for salaried Employees.

(1) Employees are not entitled to compensation for lost tips or commissions and compensation is required only for hours that an Employee is scheduled to have worked.

(2) During any use of Earned Sick and Safe Time, the Employer must maintain coverage under any group insurance policy, group subscriber contract, or health care plan for the Employee and any dependents, as if the Employee was being paid for work rather than using Earned Sick and Safe Time, provided, however, that the Employee must continue to pay any Employee share of the cost of such benefits.

(3) An Employee returning from a leave under this section is entitled to return to employment at the same rate of pay the Employee had been receiving when the leave commenced, plus any automatic adjustments in the Employee’s pay scale that occurred during the leave period. The Employee returning from a leave is entitled to retain all accrued pre-leave benefits of employment and seniority as if there had been no interruption in service, provided that nothing under this section prevents the accrual of benefits or seniority during the leave pursuant to a collective bargaining or other agreement between the Employer and Employees.

(4) An Employee, by agreement with the Employer, may return to work part time during the leave period without forfeiting the right to return to employment at the end of the leave, as provided under this section.

(d) An Employer may require notice of the need for use of Earned Sick and Safe Time as provided in this paragraph. If the need for use is foreseeable, an Employer may require advance notice of the intention to use Earned Sick and Safe Time but must not require more than seven days’ advance notice. If the need is unforeseeable, an Employer may require an Employee to give notice of the need for Earned Sick and Safe Time as soon as practicable. An Employer that requires notice of the need to use Earned Sick and Safe Time in accordance with this subdivision shall have a written policy containing reasonable procedures for Employees to provide notice of the need to use Earned Sick and Safe Time, and shall provide a written copy of such policy to Employees. If a copy of the written policy has not been provided to an Employee, an Employer shall not deny the use of Earned Sick and Safe Time to the Employee on that basis.

(e) It is not a violation of this chapter for an Employer to require reasonable documentation that the Earned Sick and Safe Time is covered by paragraph (a) of this section for absences of more than three (3) consecutive days.

(1) For Earned Sick and Safe Time under sec. 233.04(a)(1), (2), (5), and (6) reasonable documentation may include a signed statement by a Health Care Professional indicating the need for use of Earned Sick and Safe Time. However, if the Employee or Employee’s Family Member did not receive services from a Health Care Professional, or if documentation cannot be obtained from a Health Care Professional in a reasonable time or without added expense, then reasonable documentation for the purposes of this paragraph may include a written statement from the Employee indicating that the Employee is using or used Earned Sick and Safe Time for a qualifying purpose covered by sec 233.04(a)(1), (2), (5), or (6).

(2) For Earned Sick and Safe Time under sec. 233.04(a)(3), an Employer must accept a court record or documentation signed by a volunteer or employee of a victim services organization, an attorney, a police officer, or an antiviolence counselor as reasonable documentation.

(3) For Earned Sick and Safe Time to care for a Family Member under sec. 233.04(a)(4), an Employer must accept as reasonable documentation a written statement from the Employee indicating that the Employee is using or used Earned Sick and Safe Time for a qualifying purpose as reasonable documentation.

(4) An Employer must not require disclosure of details relating to Domestic Abuse, Sexual Assault, or Stalking or the details of an Employee’s or an Employee’s Family Member’s medical condition as related to an Employee’s request to use Earned Sick and Safe Time under this section.

(5) Written statements by an Employee may be written in the Employee’s first language and need not be notarized or in any particular format.

(f) An Employer may not require, as a condition of an Employee’s using Earned Sick and Safe Time, that the Employee find a replacement worker to cover the hours during which the Employee uses Earned Sick and Safe Time.

(g) An employer may opt to satisfy the requirements of this chapter for construction industry employees by:

(1) Paying at least the Prevailing Wage rate as defined by Minn. Stats., § 177.42 and as calculated by the state department of labor and industry; or

(2) Paying at least the required rate established in a registered apprenticeship agreement for apprentices registered with the state department of labor and industry.

An employer electing this option shall be deemed in compliance with this chapter for construction industry employees who receive either at least the Prevailing Wage rate or the rate required in the applicable apprenticeship agreement regardless of whether the employees are working on private or public projects.

(h) The provisions of this chapter may be waived by a collective bargaining agreement with a bona fide building and construction trades labor organization that has established itself as the collective bargaining representative for the affected building and construction industry Employees, provided that for such waiver to be valid, it shall explicitly reference sections 233.02 to 233.11 of the Code and clearly and unambiguously waive application of those sections to such Employees.

(i) An Employer is only required to allow an Employee to use Earned Sick and Safe Time that is accrued pursuant to this chapter when the Employee is scheduled to perform work within the geographic boundaries of the City of Saint Paul. An employer may allow use of Earned Sick and Safe Time when an Employee is scheduled to perform work for the Employer outside of the City of Saint Paul.Minn. Stat. § [181.9445] DEFINITIONS.
06/01/2023 – 01/01/2025
Subdivision 1. Definitions. For the purposes of section 177.50 and sections 181.9445 to 181.9448, the terms defined in this section have the meanings given them.

Subd. 2. Commissioner. “Commissioner” means the commissioner of labor and industry or authorized designee or representative.

Subd. 3. Domestic abuse. “Domestic abuse” has the meaning given in section 518B.01.

Subd. 4. Earned sick and safe time. “Earned sick and safe time” means leave, including paid time off and other paid leave systems, that is paid at the same base rate as an employee earns from employment that may be used for the same purposes and under the same conditions as provided under section 181.9447, but in no case shall this base rate be less than that provided under section 177.24 or an applicable local minimum wage.

Subd. 4a. Base rate. “Base rate” means:

(1) for employees paid on an hourly basis, the same rate received per hour of work;

(2) for employees paid on an hourly basis who receive multiple hourly rates, the rate the employee would have been paid for the period of time in which leave was taken;

(3) for employees paid on a salary basis, the same rate guaranteed to the employee as if the employee had not taken the leave; and

(4) for employees paid solely on a commission, piecework, or any basis other than hourly or salary, a rate no less than the applicable local, state, or federal minimum wage, whichever is greater.

For purposes of this section and section 181.9446, base rate does not include commissions; shift differentials that are in addition to an hourly rate; premium payments for overtime work; premium payments for work on Saturdays, Sundays, holidays, or scheduled days off; bonuses; or gratuities as defined by section 177.23.

Subd. 5. Employee. “Employee” means any person who is employed by an employer, including temporary and part-time employees, who is anticipated by the employer to perform work for at least 80 hours in a year for that employer in Minnesota. Employee does not include:

(1) an independent contractor;

(2) an individual who is a volunteer firefighter or paid on-call firefighter, with a department charged with the prevention or suppression of fires within the boundaries of the state; is a volunteer ambulance attendant as defined in section 144E.001, subdivision 15; or is an ambulance service personnel as defined in section 144E.001, subdivision 3a, who serves in a paid on-call position;

(3) an individual who is an elected official or a person who is appointed to fill a vacancy in an elected office as part of a legislative or governing body of Minnesota or a political subdivision; or

(4) an individual employed by a farmer, family farm, or a family farm corporation to provide physical labor on or management of a farm if the farmer, family farm, or family farm corporation employs the individual to perform work for 28 days or less each year.

Subd. 6. Employer. “Employer” means a person who has one or more employees. Employer includes an individual, a corporation, a partnership, an association, a business trust, a nonprofit organization, a group of persons, the state of Minnesota, a county, town, city, school district, or other governmental subdivision. In the case of an employee leasing company or professional employer organization, the taxpaying employer, as described in section 268.046, subdivision 1, remains the employer. In the case of an individual provider within the meaning of section 256B.0711, subdivision 1, paragraph (d), the employer includes any participant within the meaning of section 256B.0711, subdivision 1, paragraph (e), or participant’s representative within the meaning of section 256B.0711, subdivision 1, paragraph (f). In the event that a temporary employee is supplied by a staffing agency, absent a contractual agreement stating otherwise, that individual shall be an employee of the staffing agency for all purposes of section 177.50 and sections 181.9445 to 181.9448. Employer does not include the United States government.

Subd. 7. Family member. “Family member” means:

(1) an employee’s:

(i) child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis;

(ii) spouse or registered domestic partner;

(iii) sibling, stepsibling, or foster sibling;

(iv) biological, adoptive, or foster parent, stepparent, or a person who stood in loco parentis when the employee was a minor child;

(v) grandchild, foster grandchild, or stepgrandchild;

(vi) grandparent or stepgrandparent;

(vii) a child of a sibling of the employee;

(viii) a sibling of the parents of the employee; or

(ix) a child-in-law or sibling-in-law;

(2) any of the family members listed in clause (1) of a spouse or registered domestic partner;

(3) any other individual related by blood or whose close association with the employee is the equivalent of a family relationship; and

(4) up to one individual annually designated by the employee.

Subd. 8. Health care professional. “Health care professional” means any person licensed, certified, or otherwise authorized under federal or state law to provide medical or emergency services, including doctors, physician assistants, nurses, advanced practice registered nurses, mental health professionals, and emergency room personnel.

Subd. 9. Sexual assault. “Sexual assault” means an act that constitutes a violation under sections 609.342 to 609.3453 or 609.352.

Subd. 10. Stalking. “Stalking” has the meaning given in section 609.749.

Subd. 11. Year. “Year” means a regular and consecutive 12-month period, as determined by an employer and clearly communicated to each employee of that employer.

Minn. Stat. § [181.9446] ACCRUAL OF EARNED SICK AND SAFE TIME.
06/01/2023 – 01/01/2025
(a) An employee accrues a minimum of one hour of earned sick and safe time for every 30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year. Employees may not accrue more than 48 hours of earned sick and safe time in a year unless the employer agrees to a higher amount.

(b)(1) Except as provided in clause (2), employers must permit an employee to carry over accrued but unused sick and safe time into the following year. The total amount of accrued but unused earned sick and safe time for an employee must not exceed 80 hours at any time, unless an employer agrees to a higher amount.

(2) In lieu of permitting the carryover of accrued but unused sick and safe time into the following year as provided under clause (1), an employer may provide an employee with earned sick and safe time for the year that meets or exceeds the requirements of this section that is available for the employee’s immediate use at the beginning of the subsequent year as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and safe time at the end of a year at the same base rate as an employee earns from employment and in no case at a rate less than provided under section 177.24 or an applicable local minimum wage; or (ii) 80 hours, if an employer does not pay an employee for accrued but unused sick and safe time at the end of a year.

(c) Employees who are exempt from overtime requirements under United States Code, title 29, section 213(a)(1), as amended through the effective date of this section, are deemed to work 40 hours in each workweek for purposes of accruing earned sick and safe time, except that an employee whose normal workweek is less than 40 hours will accrue earned sick and safe time based on the normal workweek.

(d) Earned sick and safe time under this section begins to accrue at the commencement of employment of the employee.

(e) Employees may use earned sick and safe time as it is accrued.

Minn. Stat. § [181.9447] USE OF EARNED SICK AND SAFE TIME.
06/01/2023 – 01/01/2025
Subdivision 1. Eligible use. An employee may use accrued earned sick and safe time for:

(1) an employee’s:

(i) mental or physical illness, injury, or other health condition;

(ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;

(iii) need for preventive medical or health care; or

(iv) need to make arrangements for or attend funeral services or a memorial, or address financial or legal matters that arise after the death of a family member;

(2) care of a family member:

(i) with a mental or physical illness, injury, or other health condition;

(ii) who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or other health condition; or

(iii) who needs preventive medical or health care;

(3) absence due to domestic abuse, sexual assault, or stalking of the employee or employee’s family member, provided the absence is to:

(i) seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking;

(ii) obtain services from a victim services organization;

(iii) obtain psychological or other counseling;

(iv) seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault, or stalking; or

(v) seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking;

(4) closure of the employee’s place of business due to weather or other public emergency or an employee’s need to care for a family member whose school or place of care has been closed due to weather or other public emergency;

(5) the employee’s inability to work or telework because the employee is: (i) prohibited from working by the employer due to health concerns related to the potential transmission of a communicable illness related to a public emergency; or (ii) seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and such employee has been exposed to a communicable disease or the employee’s employer has requested a test or diagnosis; and

(6) when it has been determined by the health authorities having jurisdiction or by a health care professional that the presence of the employee or family member of the employee in the community would jeopardize the health of others because of the exposure of the employee or family member of the employee to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease.

For the purposes of this subdivision, a public emergency shall include a declared emergency as defined in section 12.03 or a declared local emergency under section 12.29.

Subd. 2. Notice. An employer may require notice of the need for use of earned sick and safe time as provided in this paragraph. If the need for use is foreseeable, an employer may require advance notice of the intention to use earned sick and safe time but must not require more than seven days’ advance notice. If the need is unforeseeable, an employer may require an employee to give notice of the need for earned sick and safe time as soon as practicable. An employer that requires notice of the need to use earned sick and safe time in accordance with this subdivision shall have a written policy containing reasonable procedures for employees to provide notice of the need to use earned sick and safe time, and shall provide a written copy of such policy to employees. If a copy of the written policy has not been provided to an employee, an employer shall not deny the use of earned sick and safe time to the employee on that basis.

Subd. 3. Documentation.

(a) When an employee uses earned sick and safe time for more than three consecutive scheduled work days, an employer may require reasonable documentation that the earned sick and safe time is covered by subdivision 1.

(b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6), reasonable documentation may include a signed statement by a health care professional indicating the need for use of earned sick and safe time. However, if the employee or employee’s family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation for the purposes of this paragraph may include a written statement from the employee indicating that the employee is using or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause (1), (2), (5), or (6).

(c) For earned sick and safe time under subdivision 1, clause (3), an employer must accept a court record or documentation signed by a volunteer or employee of a victims services organization, an attorney, a police officer, or an antiviolence counselor as reasonable documentation. If documentation cannot be obtained in a reasonable time or without added expense, then reasonable documentation for the purposes of this paragraph may include a written statement from the employee indicating that the employee is using or used earned sick and safe time for a qualifying purpose covered under subdivision 1, clause (3).

(d) For earned sick and safe time to care for a family member under subdivision 1, clause (4), an employer must accept as reasonable documentation a written statement from the employee indicating that the employee is using or used earned sick and safe time for a qualifying purpose as reasonable documentation.

(e) An employer must not require disclosure of details relating to domestic abuse, sexual assault, or stalking or the details of an employee’s or an employee’s family member’s medical condition as related to an employee’s request to use earned sick and safe time under this section.

(f) Written statements by an employee may be written in the employee’s first language and need not be notarized or in any particular format.

Subd. 4. Replacement worker.

An employer may not require, as a condition of an employee using earned sick and safe time, that the employee seek or find a replacement worker to cover the hours the employee uses as earned sick and safe time.

Subd. 5. Increment of time used.

Earned sick and safe time may be used in the same increment of time for which employees are paid, provided an employer is not required to provide leave in less than 15-minute increments nor can the employer require use of earned sick and safe time in more than four-hour increments.

Subd. 6. Retaliation prohibited.

(a) An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against a person because the person has exercised or attempted to exercise rights protected under this act, including but not limited to because the person requested earned sick and safe time, used earned sick and safe time, requested a statement of accrued sick and safe time, informed any person of his or her potential rights under sections 181.9445 to 181.9448, made a complaint or filed an action to enforce a right to earned sick and safe time under this section, or is or was participating in any manner in an investigation, proceeding, or hearing under this chapter.

(b) It shall be unlawful for an employer’s absence control policy or attendance point system to count earned sick and safe time taken under this act as an absence that may lead to or result in retaliation or any other adverse action.

(c) It shall be unlawful for an employer or any other person to report or threaten to report the actual or suspected citizenship or immigration status of a person or their family member to a federal, state, or local agency for exercising or attempting to exercise any right protected under this act.

(d) A person need not explicitly refer to this act or the rights enumerated herein to be protected from retaliation.

Subd. 7. Pay and benefits.

(a) During any use of earned sick and safe time, the employer must maintain coverage under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents, as if the employee was not using earned sick and safe time, provided, however, that the employee must continue to pay any employee share of the cost of such benefits.

(b) An employee returning from a leave under this section is entitled to return to employment at the same rate of pay the employee had been receiving when the leave commenced, plus any automatic adjustments in the employee’s pay scale that occurred during the leave period. The employee returning from a leave is entitled to retain all accrued preleave benefits of employment and seniority as if there had been no interruption in service, provided that nothing under this section prevents the accrual of benefits or seniority during the leave pursuant to a collective bargaining or other agreement between the employer and employees.

Subd. 8. Part-time return from leave.

An employee, by agreement with the employer, may return to work part time during the leave period without forfeiting the right to return to employment at the end of the leave, as provided under this section.

Subd. 9. Notice and posting by employer.

(a) Employers must give notice to all employees that they are entitled to earned sick and safe time, including the amount of earned sick and safe time, the accrual year for the employee, the terms of its use under this section, and a copy of the written policy for providing notice as provided under subdivision 2; that retaliation against employees who request or use earned sick and safe time is prohibited; and that each employee has the right to file a complaint or bring a civil action if earned sick and safe time is denied by the employer or the employee is retaliated against for requesting or using earned sick and safe time.

(b) Employers must supply employees with a notice in English and the primary language of the employee, as identified by the employee, that contains the information required in paragraph (a) at commencement of employment or the effective date of this section, whichever is later.

(c) The means used by the employer must be at least as effective as the following options for providing notice:

(1) posting a copy of the notice at each location where employees perform work and where the notice must be readily observed and easily reviewed by all employees performing work;

(2) providing a paper or electronic copy of the notice to employees; or

(3) a conspicuous posting in a web-based or app-based platform through which an employee performs work.

The notice must contain all information required under paragraph (a).

(d) An employer that provides an employee handbook to its employees must include in the handbook notice of employee rights and remedies under this section.

(e) The Department of Labor and Industry shall prepare a uniform employee notice form for employers to use that provides the notice information required under this section. The commissioner shall prepare the uniform employee notice in the five most common languages spoken in Minnesota. Upon the written request of an employer who is subject to this section, the commissioner shall provide a copy of the uniform employee notice in any primary language spoken by an employee in the employer’s place of business. If the commissioner does not provide the copy of the uniform employee notice in response to a request under this paragraph, the employer who makes the request is not subject to a penalty for failing to provide the required notice under this subdivision for violations that arise after the date of the request.

Subd. 10. Employer records and required statement to employees.

(a) Employers shall retain accurate records documenting hours worked by employees and earned sick and safe time taken and comply with all requirements under section 177.30.

(b) At the end of each pay period, the employer shall provide, in writing or electronically, information stating the employee’s current amount of:

(1) the total number of earned sick and safe time hours available to the employee for use under section 181.9446; and

(2) the total number of earned sick and safe time hours used during the pay period under section 181.9447.

Employers may choose a reasonable system for providing this information, including but not limited to listing information on or attached to each earnings statement or an electronic system where employees can access this information. An employer who chooses to provide this information by electronic means must provide employee access to an employer-owned computer during an employee’s regular working hours to review and print.

(c) An employer must allow an employee to inspect records required by this section and relating to that employee at a reasonable time and place.

(d) The records required by the section must be kept for three years.

(e) All records required to be kept under this section must be readily available for inspection by the commissioner upon demand. The records must be either kept at the place where employees are working or kept in a manner that allows the employer to comply with this paragraph within 72 hours.

Subd. 11. Confidentiality and nondisclosure.

(a) If, in conjunction with this section, an employer possesses:

(1) health or medical information regarding an employee or an employee’s family member;

(2) information pertaining to domestic abuse, sexual assault, or stalking;

(3) information that the employee has requested or obtained leave under this section; or

(4) any written or oral statement, documentation, record, or corroborating evidence provided by the employee or an employee’s family member, the employer must treat such information as confidential.

Information given by an employee may only be disclosed by an employer if the disclosure is requested or consented to by the employee, when ordered by a court or administrative agency, or when otherwise required by federal or state law.

(b) Records and documents relating to medical certifications, recertifications, or medical histories of employees or family members of employees created for purposes of section 177.50 or sections 181.9445 to 181.9448 must be maintained as confidential medical records separate from the usual personnel files. At the request of the employee, the employer must destroy or return the records required by sections 181.9445 to 181.9448 that are older than three years prior to the current calendar year, unless state or federal law, rule, or regulation requires the employer to retain such records.

(c) Employers may not discriminate against any employee based on records created for the purposes of section 177.50 or sections 181.9445 to 181.9448.

Subd. 12. Weather event exception. Notwithstanding subdivision 1, an employee may not use sick and safe time under the conditions in subdivision 1, clause (4), if:

(1) the employee’s preassigned or foreseeable work duties during a public emergency or weather event would require the employee to respond to the public emergency or weather event;

(2) the employee is a firefighter; a peace officer subject to licensure under sections 626.84 to 626.863; a 911 telecommunicator as defined in section 403.02, subdivision 17c; a guard at a correctional facility; or a public employee holding a commercial driver’s license; and

(3) one of the following two conditions are met:

(i) the employee is represented by an exclusive representative under section 179A.03, subdivision 8, and the collective bargaining agreement or memorandum of understanding governing the employee’s position explicitly references section 181.9447, subdivision 1, clause (4), and clearly and unambiguously waives application of that section for the employee’s position; or

(ii) the employee is not represented by an exclusive representative, the employee is needed for the employer to maintain minimum staffing requirements, and the employer has a written policy explicitly referencing section 181.9447, subdivision 1, clause (4), that is provided to such employees in a manner that meets the requirements of other earned sick and safe time notices under section 181.9447, subdivision 9.

Minn. Stat. § 609.685 Sale of tobacco products to persons under age 21
08/01/2020 – 06/01/2024
Subdivision 1.Definitions.

For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section.

(a) “Tobacco” means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

(b) “Tobacco-related devices” means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately.

(c) “Electronic delivery device” means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery device includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

Subd. 1a.Penalty to sell or furnish.

(a) Any person 21 years of age or older who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a misdemeanor.

(b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6.

Subd. 2.Use of false identification.

A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and who uses a driver’s license, permit, Minnesota identification card, or any type of false identification to misrepresent the person’s age, shall only be subject to an alternative civil penalty, in accordance with subdivision 2a.

Subd. 2a.Alternative penalties.

Law enforcement and court system representatives shall consult, as applicable, with interested persons, including but not limited to parents, guardians, educators, and persons under the age of 21 years, to develop alternative civil penalties for persons under the age of 21 years who violate this section. Consulting participants shall consider a variety of alternative civil penalties including but not limited to tobacco-free education programs, community service, court diversion programs, and tobacco cessation programs, and for persons under the age of 18 years, notice to schools and to parents or guardians. Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties.

Subd. 3.

MS 2018 [Repealed by amendment, 2020 c 88 s 11]

Subd. 4.Effect on local ordinances.

Nothing in subdivisions 1 to 2a shall supersede or preclude the continuation or adoption of any local ordinance which provides for more stringent regulation of the subject matter in subdivisions 1 to 2a.

Subd. 5.Exceptions.

(a) Notwithstanding subdivision 1a, an Indian may furnish tobacco to an Indian under the age of 21 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.

(b) The penalties in this section do not apply to a person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.

Subd. 6.Seizure of false identification.

A licensee may seize a form of identification listed in section 340A.503, subdivision 6, if the licensee has reasonable grounds to believe that the form of identification has been altered or falsified or is being used to violate any law. A licensee that seizes a form of identification as authorized under this subdivision shall deliver it to a law enforcement agency within 24 hours of seizing it.

St. Paul City Code § 324.07 Sales prohibited
12/12/2023 – 06/01/2024
(a) No person may sell a cigarette outside its original packaging containing health warnings satisfying the requirements of federal law. No cigarettes may be sold individually or in packages of fewer than twenty (20) cigarettes.

(b) No person may sell or dispense licensed products from a motor vehicle or other movable place of business.

(c) No person may sell licensed products from vending machines unless the vending machines are in a facility that cannot be entered at any time by persons younger than twenty-one (21) years of age.

(d) No person may offer for sale licensed products in any open displays which are accessible to the public without the intervention of a store employee. This restriction does not apply to establishments holding a tobacco products shop license.

(e) No person may sell, offer for sale, or otherwise distribute cigars in original packages containing three (3) or fewer cigars for a sale price, after any coupons, multipack or buy-one/get-one promotions, or any other discounts are applied and prior to applicable sales taxes being imposed, of less than two dollars and sixty cents ($2.60) per cigar contained within. In addition, no person may sell, offer for sale, or otherwise distribute cigars in original packages of four (4) or more cigars for a sale price, after any coupons, multipack or buy-one/get-one promotions, or any other discounts are applied and prior to applicable sales taxes being imposed, of less than ten dollars and forty cents ($10.40) per package.

(f) No person may sell or offer for retail sale cigarette packages or cartons for a sales price, prior to applicable sales taxes being imposed, of less than ten dollars ($10.00) per pack.

(g) No person may sell or offer for retail sale moist snuff retail packages or multipacks for a sales price, prior to applicable sales taxes being imposed, of less than ten dollars ($10.00) per 1.2 ounce package. No person may sell or offer for retail sale any smokeless tobacco/moist snuff unless it is sold in a package of at least 1.2 ounces minimum package size. The price floor for packages larger than 1.2 ounces shall be computed by adding two dollars and fifty cents ($2.50) for each 0.3 ounces or any fraction thereof in excess of 1.2 ounces, excluding all applicable taxes.

(h) No person may sell or offer for sale or otherwise distribute snus for a sales price, prior to applicable sales taxes being imposed, of less than ten dollars ($10.00) per 0.32 ounce package. No person may sell or offer for retail sale any snus unless it is sold in a package of at least 0.32 ounces minimum pack size. The price floor for packages larger than 0.32 ounces shall be computed by adding two dollars and fifty cents ($2.50) for each 0.08 ounces or any fraction thereof in excess of 0.32 ounces, excluding all applicable taxes.

(i) No holder of a license issued under this chapter, nor any employee or agent of same may sell tobacco products to a person under the age of twenty-one (21) years. Sale to persons under the age of twenty-one (21) years prohibited.

(1) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in Minn. Stats. § 340A.503, subd. 6.

(j) No person may sell, offer for sale, or otherwise distribute any flavored products, unless excepted under section 324.07(l) of this chapter.

(k) Coupons and price promotions. No holder of a license issued under this chapter, nor any employee or agent of same, may:

(1) Accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any price reduction instrument or other offer that provides any licensed product without charge or for less than the listed or non-discounted price; or

(2) Sell or offer to sell licensed products, to consumers through any multi-pack discounts (e.g., “buy-two-get-one-free”) or otherwise provide or distribute to consumers any licensed products, without charge or for less than the listed or non-discounted price in exchange for the purchase of any other licensed products.

Nothing in this chapter is intended to prohibit communication of pricing information or other truthful, non-misleading information to consumers.

(l) Exceptions.

(1) Notwithstanding section (i), individuals exempted under Minn. Stats. § 609.685 are also exempt from this section.

(2) The penalties in this section do not apply to a person under the age of twenty-one (21) years who purchases or attempts to purchase licensed products while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.

(3) Retail stores holding a tobacco products shop license are permitted to sell and offer for sale flavored tobacco products.

(m) Any violation of this chapter will subject the licensee to provisions of chapter 310 and section 324.10 of the Saint Paul Legislative Code.

–

Minn. Stat. § [504B.268] Right to Counsel in Public Housing; Breach of Lease Eviction Actions
01/01/2025 – 01/01/2025
Subdivision 1. Right to counsel. A defendant in housing subsidized by the United States Department of Housing and Urban Development under Section 9 of the United States Housing Act of 1937 or the Consolidated and Further Continuing Appropriations Act of 2012, Public Law 112-55, 125 Stat. 673, subject to an eviction action under sections 504B.281 to 504B.371 alleging breach of lease under section 504B.171 or 504B.285 who is financially unable to obtain counsel has the right to counsel appointed by the court. The complaint required by section 504B.321 shall include the notice on the first page of the complaint in bold 12-point type: “If financially unable to obtain counsel, the defendant has the right to a court-appointed attorney.” At the initial hearing, the court shall ask the defendant if the defendant wants court-appointed counsel and shall explain what such appointed counsel can accomplish for the defendant.

Subd. 2. Qualifications. Counsel appointed by the court must (1) have a minimum of two years’ experience handling public housing evictions; (2) have training in handling public housing evictions; or (3) be supervised by an attorney who meets the minimum qualifications under clause (1) or (2).

Subd. 3. Compensation. By January 15, 2024, and every year thereafter, the chief judge of the judicial district, after consultation with public housing attorneys, legal aid attorneys, and members of the private bar in the district, shall establish a compensation rate for attorney fees and costs associated with representation under subdivision 1. The compensation to be paid to an attorney for such service rendered to a defendant under this subdivision may not exceed $5,000, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the chief judge of the district as necessary to provide fair compensation for services of an unusual character or duration.

Minn. Stat. § 144.412. Public policy
07/01/2019 – 07/01/2024
The purpose of sections 144.411 to 144.417 is to protect employees and the general public from the hazards of secondhand smoke and involuntary exposure to aerosol or vapor from electronic delivery devices by eliminating smoking in public places, places of employment, public transportation, and at public meetings.

Minn. Stat. § 144.413. Definitions
07/01/2019 – 07/01/2024
Subdivision 1. Scope.

As used in sections 144.411 to 144.417, the terms defined in this section have the meanings given them.

Subd. 1a.Indoor area.

“Indoor area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge window screen with an 18 by 16 mesh count is not a wall.

Subd. 1b. Place of employment.

“Place of employment” means any indoor area at which two or more individuals perform any type of a service for consideration of payment under any type of contractual relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual, or government agency. Place of employment includes any indoor area where two or more individuals gratuitously perform services for which individuals are ordinarily paid. A place of employment includes, but is not limited to, public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, and rooms or areas containing photocopying equipment or other office equipment used in common. Vehicles used in whole or in part for work purposes are places of employment during hours of operation if more than one person is present. An area in which work is performed in a private residence is a place of employment during hours of operation if:

(1) the homeowner uses the area exclusively and regularly as a principal place of business and has one or more on-site employees; or

(2) the homeowner uses the area exclusively and regularly as a place to meet or deal with patients, clients, or customers in the normal course of the homeowner’s trade or business.

Subd. 2. Public place.

“Public place” means any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; retail stores and other commercial establishments; educational facilities other than public schools, as defined in section 120A.05, subdivisions 9, 11, and 13; hospitals; nursing homes; auditoriums; arenas; meeting rooms; and common areas of rental apartment buildings.

Subd. 3. Public meeting.

“Public meeting” includes all meetings open to the public pursuant to section 13D.01.

Subd. 4. Smoking.

“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking includes carrying or using an activated electronic delivery device, as defined in section 609.685.

Subd. 5. Public transportation.

“Public transportation” means public means of transportation, including light and commuter rail transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals.

Minn. Stat. § 144.414. Prohibitions
07/01/2019 – 07/01/2024
Subdivision 1.Public places, places of employment, public transportation, and public meetings.

Smoking shall not be permitted in and no person shall smoke in a public place, at a public meeting, in a place of employment, or in public transportation, except as provided in this section or section 144.4167.

Subd. 2.Day care premises.

Smoking is prohibited in a day care center licensed under Minnesota Rules, parts 9503.0005 to 9503.0170, or in a family home or in a group family day care provider home licensed under Minnesota Rules, parts 9502.0300 to 9502.0445, during its hours of operation. The proprietor of a family home or group family day care provider must disclose to parents or guardians of children cared for on the premises if the proprietor permits smoking outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians.

Subd. 3.Health care facilities and clinics.

(a) Smoking is prohibited in any area of a hospital, health care clinic, doctor’s office, licensed residential facility for children, or other health care-related facility, except that a patient or resident in a nursing home, boarding care facility, or licensed residential facility for adults may smoke in a designated separate, enclosed room maintained in accordance with applicable state and federal laws.

(b) Except as provided in section 246.0141, smoking by patients in a locked psychiatric unit may be allowed in a separated well-ventilated area in the unit under a policy established by the administrator of the program that allows the treating physician to approve smoking if, in the opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with treatment outweigh the negative impacts of smoking.

Subd. 4.Public transportation vehicles.

Smoking is prohibited in public transportation vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is being used for personal use. For purposes of this subdivision, “personal use” means that the public transportation vehicle is being used by the driver for private purposes and no for-hire passengers are present. If a driver smokes under this subdivision, the driver must post a conspicuous sign inside the vehicle to inform passengers.

Minn. Stat. § 609.685. Sale of tobacco to persons under age 21
08/01/2020 – 07/01/2024
Subdivision 1.Definitions.

For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section.

(a) “Tobacco” means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

(b) “Tobacco-related devices” means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately.

(c) “Electronic delivery device” means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery device includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

Subd. 1a.Penalty to sell or furnish.

(a) Any person 21 years of age or older who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a misdemeanor.

(b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6.

Subd. 2.Use of false identification.

A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and who uses a driver’s license, permit, Minnesota identification card, or any type of false identification to misrepresent the person’s age, shall only be subject to an alternative civil penalty, in accordance with subdivision 2a.

Subd. 2a.Alternative penalties.

Law enforcement and court system representatives shall consult, as applicable, with interested persons, including but not limited to parents, guardians, educators, and persons under the age of 21 years, to develop alternative civil penalties for persons under the age of 21 years who violate this section. Consulting participants shall consider a variety of alternative civil penalties including but not limited to tobacco-free education programs, community service, court diversion programs, and tobacco cessation programs, and for persons under the age of 18 years, notice to schools and to parents or guardians. Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties.

Subd. 3.

MS 2018 [Repealed by amendment, 2020 c 88 s 11]

Subd. 4.Effect on local ordinances.

Nothing in subdivisions 1 to 2a shall supersede or preclude the continuation or adoption of any local ordinance which provides for more stringent regulation of the subject matter in subdivisions 1 to 2a.

Subd. 5.Exceptions.

(a) Notwithstanding subdivision 1a, an Indian may furnish tobacco to an Indian under the age of 21 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.

(b) The penalties in this section do not apply to a person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.

Subd. 6.Seizure of false identification.

A licensee may seize a form of identification listed in section 340A.503, subdivision 6, if the licensee has reasonable grounds to believe that the form of identification has been altered or falsified or is being used to violate any law. A licensee that seizes a form of identification as authorized under this subdivision shall deliver it to a law enforcement agency within 24 hours of seizing it.

St. Paul Code Sec. 238.02. – Definitions.
11/25/2009 – 07/01/2024
As used in this article:

(1) Bowling centers, pool halls, rental halls and bingo halls means those establishments licensed under chapter 322, 403, and 405 of the Saint Paul Legislative Code, whether or not they are also a licensed liquor establishment.

(2) Licensed liquor establishment means an establishment that has an on-sale intoxicating liquor license; an on-sale 3.2 percent malt liquor license; a wine license and/or a strong beer license issued pursuant to chapters 409 or 410 of the Saint Paul Legislative Code, as amended from time to time, but does not include outdoor areas and does not include the guest rooms of a hotel or motel.

(3) Other person in charge means the agent of the proprietor authorized to perform administrative direction to and general supervision of the activities within a bar or restaurant at any given time.

(4) Proprietor means the party who holds the license or licenses for a bar or restaurant. The term “proprietor” may apply to a corporation as well as an individual.

(5) Restaurant means an establishment that is operating under a license issued pursuant to Legislative Code section 331A.04(d)(19), (20), (21), (22), (23), (24) or (26) as amended from time to time, but does not include outdoor areas and does not include the guest rooms of a hotel or motel.

(6) Smoking means the inhaling, exhaling or combustion of any cigar, cigarette, pipe, tobacco product, weed, plant or any other similar article. “Smoking” includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment. “Smoking” does not include the use of tobacco by an enrolled member of a federally-recognized Indian tribe as part of a traditional Indian spiritual or cultural ceremony.

St. Paul Code Sec. 238.03. – Prohibitions.
01/11/2006 – 07/01/2024
Smoking is prohibited in restaurants, pool halls, bowling centers, rental halls, bingo halls and licensed liquor establishments.

Ramsey County Smoking and Commercial Tobacco Use Ordinance
08/26/2022 – 07/01/2024
1.00 This Ordinance will be known as the “Ramsey County Smoking and Commercial Tobacco Use Ordinance.”

2.00 Purpose

2.01 The main objectives of this Ordinance are:

A. To protect the health of the people of Ramsey County from the negative effects of commercial tobacco while in public places and places of employment.

B. To affirm the right of people to breathe air without secondhand smoke.

C. To reduce commercial tobacco use and exposure in children, youth and young adults.

D. To protect the health of vulnerable and disproportionately impacted populations.

E. To reduce waste from commercial tobacco products that can harm human and animal health and the environment.

3.00 Authority

The Ramsey County Board of Commissioners is authorized to adopt this Ordinance by Minnesota Statutes sections 44.417, subd. 4(a) and chapters 145A and 375, the Home Rule Charter for Ramsey County, and other applicable legislation, as may be adopted or amended from time to time.

4.00 Jurisdiction

4.01 This Ordinance applies throughout all of Ramsey County.

4.02 Nothing in this Ordinance will prevent cities and townships within Ramsey County from adopting stricter rules to protect people from smoking or commercial tobacco products.

4.03 Nothing in this Ordinance authorizes smoking or the use of commercial tobacco products in any location where smoking or the use of commercial tobacco products is restricted by other laws.

5.00 Definitions

For purposes of this Ordinance, the following definitions apply, unless the context clearly indicates a different meaning. Any term that is not defined will be interpreted as the commonly understood meaning.

5.01 County staff. County staff and service providers include but are not limited to: employees; independent contractors; contractors; vendors; consultants; volunteers; and elected and appointed officials.

5.02 Electronic delivery device. Any product containing or delivering nicotine, lobelia or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. Electronic delivery device includes, but is not limited to, devices manufactured, marketed or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of

a product, whether or not marketed or sold separately. Electronic delivery device does not include any “drug,” “device,” or “combination product” as defined in the Federal Food, Drug, and Cosmetic Act that has been authorized by the United States Food and Drug Administration for sale as a tobacco cessation product, a tobacco dependence product, or for other medical purposes.

5.03 Minnesota Clean Indoor Air Act. Minnesota Statutes Sections 144.411 to 144.417, as amended from time to time.

5.04 Place of employment. “Place of employment” as defined in Minnesota Statutes Section 144.413, subd. 1b, as amended from time to time.

5.05 Public place. “Public place” as defined in Minnesota Statutes Section 144.413, subd. 2, as amended from time to time.

5.06 Smoking. Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or any other lighted or heated product containing, made or derived from nicotine, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking will also include carrying or using an activated electronic delivery device.

5.07 Commercial tobacco product. Any product containing, made, or derived from tobacco or nicotine, whether natural or synthetic, that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including, but not limited to, cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Commercial tobacco products do not include traditional or ceremonial tobacco plant material used as part of an American Indian cultural practice or a lawfully recognized religious, spiritual or cultural ceremony or practice or any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act.

5.08 Commercial tobacco product use. The act of smoking or the consumption of any commercial tobacco product.

6.00 Prohibitions and Exceptions

6.01 Prohibitions

A. Smoking is not allowed in indoor public places and places of employment as defined by the Minnesota Clean lndoor Air Act.

B. Smoking and commercial tobacco product use are not allowed at any time by any person on any property that is owned, leased, rented, contracted or otherwise used or controlled by Ramsey County. This prohibition includes but is not limited to, all facilities; grounds; parking lots; work areas, vehicles and equipment; walkways, paths and trails; park and recreation areas, lands and bodies of water; public golf courses, playgrounds, beaches, swimming pools, nature areas and recreation centers.

C. Smoking or commercial tobacco product use is not allowed in personal vehicles parked on property that is owned, leased, rented, contracted or otherwise used or controlled by Ramsey County.

D. Except as provided in Section 6.02, smoking is not allowed within twenty-five (25) feet of entrances, exits, windows and ventilation intakes of public places and places of employment.

6.02 Exceptions. The prohibitions in Section 6.01 do not apply to the following places or situations:

A. The proprietor of a food establishment may set aside an outdoor dining or bar area of a food establishment for smoking. This may be done if this location is appropriately signed as a smoking area, and the area is not immediately next to a building entrance.

B. Members of the public passing through on an outdoor street, alley or sidewalk where smoking is prohibited by this Ordinance, while on their way to another location.

C. Use of tobacco as part of an American Indian cultural practice or a lawfully recognized religious, spiritual or cultural ceremony or practice. Sacred, traditional use of tobacco for prayer, ceremony and memorial is allowed.

7.00 Enforcement

A. No person or employer can permit smoking in an area they control where smoking is prohibited by this or any other law.

B. No County staff can permit smoking or commercial tobacco product use in any area that is under the control of Ramsey County and in which smoking or commercial tobacco product use is prohibited by this or any other law.

C. County staff may check property that is owned, leased, rented, contracted or otherwise used or controlled by the County to make sure this Ordinance is not violated. Any person who violates this Ordinance will be reminded of its requirements and asked to immediately stop smoking or using commercial tobacco products. Any person who does not stop smoking or using commercial tobacco products will be asked to immediately leave Ramsey County property.

8.00 Violations and Penalties

A. Citations. Where appropriate, the preferred method of enforcement will be a request for voluntary compliance. Whenever any person authorized to issue administrative citations for the violation of law, discovers a violation of this ordinance, an administrative citation may be issued to the person alleged to have committed the violation. The administrative citation will be issued to the person charged with the violation, or in the case of a corporation or municipality, to any officer or agent authorized to accept such issuance.

B. Civil administrative fine. Any person who violates this Ordinance by smoking or engaging in commercial tobacco use anywhere it is prohibited, and who does not immediately stop when asked to, may be issued an administrative citation according to the Ramsey County Administrative Ordinance. Fine amounts vary depending on violation. Refer to the Ramsey County Smoking and Commercial Tobacco Use Ordinance Violations Fine Schedule for detailed amounts.

C. Proprietors. Any proprietor, person or entity that owns, leases, manages, operates or otherwise controls the use of an area in which smoking and commercial tobacco product use is prohibited, and that knowingly does not comply with this Ordinance, may be issued a civil penalty. Fine amounts vary depending on violation. Refer to the Ramsey County Smoking and Commercial Tobacco Use Ordinance Violations Fine Schedule for detailed amounts.

D. Repeat violations. Each day a violation occurs or continues will be considered a separate offense. Repeat or ongoing offenses may result in an administrative citation per day, as well as trespass from Ramsey County property.

E. Ramsey County licensees. Failure to comply with this Ordinance may be a basis for adverse action for licenses issued under Ramsey County ordinances.

9.00 Severability

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of the Ordinance. The Board of Commissioners hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

10.00 Previous Ordinance

Upon the Effective Date of this Ordinance, the Ramsey County Clean Indoor Air Ordinance, B2015-302, adopted September 22, 2015, effective November 29, 2015, is repealed.

11.00 Effective Date

This amendment of the Ordinance will be effective on August 26, 2022.

Minn. Stat. § 342.56 Limitations
07/01/2024 – 07/01/2024
(a) Nothing in sections 342.47 to 342.60 permits any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for:

(1) undertaking a task under the influence of medical cannabis flower or medical cannabinoid products that would constitute negligence or professional malpractice;

(2) possessing or consuming medical cannabis flower or medical cannabinoid products:

(i) on a school bus or van;

(ii) in a correctional facility;

(iii) in a state-operated treatment program, including the Minnesota sex offender program; or

(iv) on the grounds of a child care facility or family or group family day care program;

(3) vaporizing or smoking medical cannabis:

(i) on any form of public transportation;

(ii) where the vapor would be inhaled by a nonpatient minor or where the smoke would be inhaled by a minor; or

(iii) in any public place, including any indoor or outdoor area used by or open to the general public or a place of employment, as defined in section 144.413, subdivision 1b; and

(4) operating, navigating, or being in actual physical control of a motor vehicle, aircraft, train, or motorboat or working on transportation property, equipment, or facilities while under the influence of medical cannabis flower or a medical cannabinoid product.

(b) Except for the use of medical cannabis flower or medical cannabinoid products, the vaporizing or smoking of cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products is prohibited in a multifamily housing building, including balconies and patios appurtenant thereto. A violation of this paragraph is punishable through a civil administrative fine in an amount of $250.

Subd. 2. Health care facilities. (a) Health care facilities licensed under chapter 144A; hospice providers licensed under chapter 144A; boarding care homes or supervised living facilities licensed under section 144.50; assisted living facilities under chapter 144G; facilities owned, controlled, managed, or under common control with hospitals licensed under chapter 144; and other health care facilities licensed by the commissioner of health or the commissioner of human services may adopt reasonable restrictions on the use of medical cannabis flower or medical cannabinoid products by a patient enrolled in the registry program who resides at or is actively receiving treatment or care at the facility. The restrictions may include a provision that the facility must not store or maintain a patient’s supply of medical cannabis flower or medical cannabinoid products on behalf of the patient; that a patient store the patient’s supply of medical cannabis flower or medicinal cannabinoid products in a locked container accessible only to the patient, the patient’s designated caregiver, or the patient’s parent, legal guardian, or spouse; that the facility is not responsible for providing medical cannabis for patients; and that medical cannabis flower or medical cannabinoid products are used only in a location specified by the facility or provider. Nothing in this subdivision requires facilities and providers listed in this subdivision to adopt such restrictions.

(b) No facility or provider listed in this subdivision may unreasonably limit a patient’s access to or use of medical cannabis flower or medical cannabinoid products to the extent that such use is authorized under sections 342.47 to 342.59. No facility or provider listed in this subdivision may prohibit a patient access to or use of medical cannabis flower or medical cannabinoid products due solely to the fact that cannabis is a Schedule I drug pursuant to the federal Uniform Controlled Substances Act. If a federal regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services takes one of the following actions, a facility or provider may suspend compliance with this paragraph until the regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services notifies the facility or provider that it may resume permitting the use of medical cannabis flower or medical cannabinoid products within the facility or in the provider’s service setting:

(1) a federal regulatory agency or the United States Department of Justice initiates enforcement action against a facility or provider related to the facility’s compliance with the medical cannabis program; or

(2) a federal regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services issues a rule or otherwise provides notification to the facility or provider that expressly prohibits the use of medical cannabis in health care facilities or otherwise prohibits compliance with the medical cannabis program.

(c) An employee or agent of a facility or provider listed in this subdivision or a person licensed under chapter 144E is not violating this chapter or chapter 152 for the possession of medical cannabis flower or medical cannabinoid products while carrying out employment duties, including providing or supervising care to a patient enrolled in the registry program, or distribution of medical cannabis flower or medical cannabinoid products to a patient enrolled in the registry program who resides at or is actively receiving treatment or care at the facility or from the provider with which the employee or agent is affiliated.

Subd. 3.Child care facilities. A proprietor of a family or group family day care program must disclose to parents or guardians of children cared for on the premises of the family or group family day care program, if the proprietor permits the smoking or use of medical cannabis on the premises, outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians.

St. Paul, Minn. Code Sec. 409.01. – License required; catering approval.
(a)  No person shall sell intoxicating liquor for consumption at any time or place in Saint Paul without a license.

St. Paul, Minn. Code Sec. 409.12. – Revocation; suspension; fine.
Any license or permit under this chapter may be either suspended for up to sixty (60) days or revoked or a civil fine imposed not to exceed two thousand dollars ($2,000.00) for each violation on a finding by the council that the license or permit holder has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. No suspension, revocation or fine shall take effect until the license or permit holder has been afforded an opportunity for a hearing under section 310.05 of this Code.