1.1 	A bill for an act
1.2 	relating to health; establishing the Freedom to
1.3 	Breathe Act of 2005; requiring persons to refrain from
1.4 	smoking in certain areas; amending Minnesota Statutes
1.5 	2004, sections 144.413, subdivisions 2, 4; 144.416;
1.6 	144.417, subdivision 3; proposing coding for new law
1.7 	in Minnesota Statutes, chapter 144; repealing
1.8 	Minnesota Statutes 2004, section 144.415.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 144.413,
1.11 	subdivision 2, is amended to read:
1.12 		Subd. 2.Public place.  "Public place" means any
1.13 	enclosed, indoor area used by the general public or serving as a
1.14 	place of work, including, but not limited to,
1.15 	restaurants, except as provided in section 144.4167, subdivision
1.16 	5; bars, except as provided in section 144.4167, subdivision 3;
1.17 	retail stores,;offices and other commercial establishments,;
1.18 	public conveyances,;educational facilities other than public
1.19 	schools, as defined in section 120A.05, subdivisions 9, 11, and
1.20 	13,;hospitals,;nursing homes,;auditoriums,;arenas
1.21 	,;meeting rooms,;and common areas of rental apartment
1.22 	buildings,;but excluding private, enclosed offices occupied
1.23 	exclusively by smokers even though such offices may be visited
1.24 	by nonsmokers.

1.25 	Sec. 2. Minnesota Statutes 2004, section 144.413,
1.26 	subdivision 4, is amended to read:
1.27 		Subd. 4.Smoking.  "Smoking" means the inhaling,
2.1 	exhaling, or combustion of any cigar, cigarette, pipe, or any
2.2 	other lighted smoking equipment.  Smoking includes carrying a
2.3 	lighted cigar, cigarette, pipe, or any other lighted smoking
2.4 	equipment.

2.5 	Sec. 3. Minnesota Statutes 2004, section 144.416, is
2.6 	amended to read:
2.7 	144.416 RESPONSIBILITIES OF PROPRIETORS.
2.8 	(a) The proprietor or other person in charge of a public
2.9 	place shall make reasonable efforts to prevent smoking in the
2.10 	public place by:
2.11 	(a) (i) posting appropriate signs or by any other means
2.12 	which may be appropriate; and 
2.13 	(b) arranging seating to provide a smoke-free area;
2.14 	(c) asking smokers to refrain from smoking upon request of
2.15 	a client or employee suffering discomfort from the smoke; or 
2.16 	(d) any other means which may be appropriate.
2.17 	(ii) asking any person who smokes in an area where smoking
2.18 	is prohibited to refrain from smoking and, if the person does
2.19 	not refrain from smoking after being asked to do so, asking the
2.20 	person to leave.  If the offending party refuses to leave, the
2.21 	operator shall handle the situation consistent with lawful
2.22 	methods for handling other persons acting in a disorderly manner
2.23 	or as a trespasser.
2.24 	(b) The proprietor or other person in charge of a public
2.25 	place must not provide smoking equipment, including ashtrays or
2.26 	matches, in areas where smoking is prohibited.  Nothing in this
2.27 	section prohibits the proprietor or other person in charge from
2.28 	taking more stringent measures than those under sections 144.414
2.29 	to 144.417 to protect individuals from second-hand smoke.  The
2.30 	proprietor or other person in charge of a restaurant or bar may
2.31 	not serve an individual who is in violation of sections 144.411
2.32 	to 144.417.

2.33 	Sec. 4. [144.4167] PERMITTED SMOKING.
2.34 		Subdivision 1.Scientific study participants. Smoking by
2.35 	participants in peer reviewed scientific studies related to the
2.36 	health effects of smoking may be allowed in a separated room
3.1 	ventilated at a rate of 60 cubic feet per minute per person
3.2 	pursuant to a policy that is approved by the commissioner and is
3.3 	established by the administrator of the program to minimize
3.4 	exposure of nonsmokers to smoke.
3.5 		Subd. 2.Traditional native american
3.6 	ceremonies. Sections 144.414 to 144.417 do not prohibit the
3.7 	lighting of tobacco by an Indian adult as part of a traditional
3.8 	Indian spiritual or cultural ceremony.  For purposes of this
3.9 	section, an Indian is a person who is a member of an Indian
3.10 	tribe as defined in section 260.755, subdivision 12.
3.11 		Subd. 3.Bars. Sections 144.414 to 144.417 do not
3.12 	prohibit smoking in a bar provided it has an on-sale
3.13 	intoxicating liquor license, an on-sale nonintoxicating malt
3.14 	liquor license, an on-sale 3.2 percent malt liquor license, a
3.15 	wine license, or a strong beer liquor license; and 
3.16 	(1) the bar's sales of beer, nonintoxicating malt liquor,
3.17 	3.2 percent malt liquor, wine, and intoxicating liquor are
3.18 	demonstrated for an existing licensee to be, or for an initial
3.19 	licensee projected to be, more than 50 percent of the total net
3.20 	sales of food and beverages, after taxes, that are served in the
3.21 	establishment.  For the purposes of this section, "sales" are
3.22 	the sales reported to the Department of Revenue from the most
3.23 	recent calendar year; or 
3.24 	(2) the bar:
3.25 	(i) is separated from the restaurant on all sides by
3.26 	continuous floor-to-ceiling walls, which are interrupted only by
3.27 	closeable doors that are continuously closed, except when a
3.28 	person is actively entering or exiting the bar;
3.29 	(ii) has ventilation systems that are totally separated
3.30 	from the restaurant, with the bar maintaining a negative air
3.31 	pressure in relation to the adjacent restaurant;
3.32 	(iii) does not permit entrance or employment of minors at
3.33 	any time notwithstanding section 340A.503, subdivision 4,
3.34 	paragraph (b); and 
3.35 	(iv) has a food or beverage license, which is separate from
3.36 	the restaurant, issued by the appropriate licensing agency.
4.1 		Subd. 4.Private clubs. Sections 144.414 to 144.417 do
4.2 	not prohibit smoking in private clubs, except when they are open
4.3 	to serve food or drink to members of the public who are not
4.4 	members of the club.  Guests accompanied by members are
4.5 	considered the same as members.  For the purposes of this
4.6 	section, a private club is an incorporated organization
4.7 	organized under the laws of the state for civic, fraternal,
4.8 	social, or business purposes; intellectual improvement; or
4.9 	promotion of sports or is a congressionally chartered veterans'
4.10 	organization that:
4.11 	(1) has more than 25 members;
4.12 	(2) has owned or rented a building or space in a building
4.13 	for more than one year that is suitable and adequate for the
4.14 	accommodation of its members;
4.15 	(3) is directed by a board of directors, executive
4.16 	committee, or other similar body chosen by the members at a
4.17 	meeting held for that purpose.  No member, officer, agent, or
4.18 	employee shall receive any profit from the distribution or sale
4.19 	of beverages to the members of the club or their guests beyond a
4.20 	reasonable salary or wage fixed and voted upon each year by the
4.21 	governing body;
4.22 	(4) does not restrict its membership on the basis of race,
4.23 	color, creed, religion, or national origin; and 
4.24 	(5) was not established to avoid compliance with sections
4.25 	144.414 to 144.417.
4.26 		Subd. 5.Restaurants. Sections 144.414 to 144.417 do not
4.27 	prohibit smoking in restaurants that are closed to the public
4.28 	while being used for a private function.
4.29 		Subd. 6.Private places. Except as provided in section
4.30 	144.414, subdivision 2, nothing in sections 144.411 to 144.417
4.31 	prohibits smoking in:
4.32 	(1) private homes, private residences, or private
4.33 	automobiles; or 
4.34 	(2) a hotel or motel sleeping room rented to one or more
4.35 	guests.

4.36 	Sec. 5. Minnesota Statutes 2004, section 144.417,
5.1 	subdivision 3, is amended to read:
5.2 		Subd. 3.Injunction.  The state commissioner of health, a
5.3 	board of health as defined in section 145A.02, subdivision 2, or
5.4 	any affected party may institute an action in any court with
5.5 	jurisdiction to enjoin repeated violations of section 144.416 or
5.6 	144.4165 sections 144.414 to 144.417.

5.7 	Sec. 6. LOCAL GOVERNMENT ORDINANCES.
 5.8 	(a) Nothing in Minnesota Statutes, sections 144.414 to
5.9 	144.417, prohibits a statutory or home rule charter city or
5.10 	county from enacting and enforcing more stringent measures to
5.11 	protect individuals from second-hand smoke.
5.12 	(b) A town, statutory or home rule charter city, or county
5.13 	may allow smoking at an event that includes licensed food or
5.14 	beverage service in a building it owns and manages when the
5.15 	governing body has declared specific portions of the building to
5.16 	be exempt for the event.

5.17 	Sec. 7. FREEDOM TO BREATHE ACT.
 5.18 	This act shall be referred to as the "Freedom to Breathe
5.19 	Act of 2005." 

5.20 	Sec. 8. REPEALER.
 5.21 	Minnesota Statutes 2004, section 144.415, is repealed.