1.1                          A bill for an act 
  1.2             relating to health; modifying the Clean Indoor Air 
  1.3             Act; revising the definition of public places; 
  1.4             amending Minnesota Statutes 1998, sections 144.413, 
  1.5             subdivision 2; 144.414, subdivision 1; and 144.4165. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 144.413, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [PUBLIC PLACE.] "Public place" means any 
  1.10  enclosed, indoor area used by the general public or serving as a 
  1.11  place of work, including, but not limited to, restaurants, 
  1.12  retail stores, offices and other commercial establishments, 
  1.13  public conveyances, educational facilities other than public 
  1.14  schools, as defined in section 120A.05, subdivision subdivisions 
  1.15  9, 11, and 13, hospitals, nursing homes, auditoriums, arenas, 
  1.16  meeting rooms, and common areas of rental apartment buildings, 
  1.17  but excluding private, enclosed offices occupied exclusively by 
  1.18  smokers even though such offices may be visited by nonsmokers. 
  1.19     Sec. 2.  Minnesota Statutes 1998, section 144.414, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [PUBLIC PLACES.] No person shall smoke in a 
  1.22  public place or at a public meeting except in designated smoking 
  1.23  areas.  This prohibition does not apply in cases in which an 
  1.24  entire room or hall is used for a private social function and 
  1.25  seating arrangements are under the control of the sponsor of the 
  2.1   function and not of the proprietor or person in charge of the 
  2.2   place.  Furthermore, this prohibition shall not apply to 
  2.3   factories, warehouses, and similar places of work not usually 
  2.4   frequented by the general public, except that the state 
  2.5   commissioner of health shall establish rules to restrict or 
  2.6   prohibit smoking in those places of work where the close 
  2.7   proximity of workers or the inadequacy of ventilation causes 
  2.8   smoke pollution detrimental to the health and comfort of 
  2.9   nonsmoking employees.  
  2.10     Sec. 3.  Minnesota Statutes 1998, section 144.4165, is 
  2.11  amended to read: 
  2.12     144.4165 [TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.] 
  2.13     No person shall at any time smoke, chew, or otherwise 
  2.14  ingest tobacco or a tobacco product in a public school, as 
  2.15  defined in section 120A.05, subdivision subdivisions 9, 11, and 
  2.16  13.  This prohibition extends to all facilities, whether owned, 
  2.17  rented, or leased, and all vehicles that a school district owns, 
  2.18  leases, rents, contracts for, or controls.  Nothing in this 
  2.19  section shall prohibit the lighting of tobacco by an adult as a 
  2.20  part of a traditional Indian spiritual or cultural ceremony.  
  2.21  For purposes of this section, an Indian is a person who is a 
  2.22  member of an Indian tribe as defined in section 257.351, 
  2.23  subdivision 9. 
  2.24     Sec. 4.  [EFFECTIVE DATE.] 
  2.25     Sections 1 to 3 are effective the day following final 
  2.26  enactment.