SF 238

2nd Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to health; establishing the Freedom to Breathe Act of 2007; establishing 1.3public policy to protect employees and the general public from the known hazards 1.4of secondhand smoke; requiring persons to refrain from smoking in certain areas; 1.5amending Minnesota Statutes 2006, sections 116L.17, subdivision 1; 144.412; 1.6144.413, subdivisions 2, 4, by adding subdivisions; 144.414; 144.416; 144.417; 1.7proposing coding for new law in Minnesota Statutes, chapter 144. 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9    Section 1. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read: 1.10    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms 1.11have the meanings given them in this subdivision. 1.12    (b) "Commissioner" means the commissioner of employment and economic 1.13development. 1.14    (c) "Dislocated worker" means an individual who is a resident of Minnesota at the 1.15time employment ceased or was working in the state at the time employment ceased and: 1.16    (1) has been permanently separated or has received a notice of permanent separation 1.17from public or private sector employment and is eligible for or has exhausted entitlement 1.18to unemployment benefits, and is unlikely to return to the previous industry or occupation; 1.19    (2) has been long-term unemployed and has limited opportunities for employment 1.20or reemployment in the same or a similar occupation in the area in which the individual 1.21resides, including older individuals who may have substantial barriers to employment by 1.22reason of age; 1.23    (3) has been self-employed, including farmers and ranchers, and is unemployed as a 1.24result of general economic conditions in the community in which the individual resides or 1.25because of natural disasters; or 2.1    (4) new text begin has been permanently separated from employment in a restaurant or a bar due to new text end 2.2 new text begin the implementation of any state law prohibiting smoking; or new text end 2.3     new text begin (5) new text end is a displaced homemaker. A "displaced homemaker" is an individual who has 2.4spent a substantial number of years in the home providing homemaking service and (i) has 2.5been dependent upon the financial support of another; and now due to divorce, separation, 2.6death, or disability of that person, must find employment to self support; or (ii) derived 2.7the substantial share of support from public assistance on account of dependents in the 2.8home and no longer receives such support. 2.9    To be eligible under this clause, the support must have ceased while the worker 2.10resided in Minnesota. 2.11    (d) "Eligible organization" means a state or local government unit, nonprofit 2.12organization, community action agency, business organization or association, or labor 2.13organization. 2.14    (e) "Plant closing" means the announced or actual permanent shutdown of a single 2.15site of employment, or one or more facilities or operating units within a single site of 2.16employment. 2.17    (f) "Substantial layoff" means a permanent reduction in the workforce, which is 2.18not a result of a plant closing, and which results in an employment loss at a single site 2.19of employment during any 30-day period for at least 50 employees excluding those 2.20employees that work less than 20 hours per week. 2.21    Sec. 2. Minnesota Statutes 2006, section 144.412, is amended to read: 2.22144.412 PUBLIC POLICY. 2.23    The purpose of sections 144.411 to 144.417 is to protect the public health, comfort 2.24and environment by prohibiting smoking in areas where children or ill or injured persons 2.25are present, and new text begin employees and the general public from the known hazards of secondhand new text end 2.26 new text begin smoke new text end by limiting new text begin eliminating new text end smoking in public places new text begin , places of employment, public new text end 2.27 new text begin transportation, new text end and at public meetings to designated smoking areas. 2.28    Sec. 3. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision 2.29to read: 2.30     new text begin Subd. 1a. new text end new text begin Indoor area. new text end new text begin "Indoor area" means all space between a floor and a ceiling new text end 2.31 new text begin that is bounded on two or more sides by walls, whether temporary or permanent, or by new text end 2.32 new text begin doorways and windows, whether open or closed. A wall includes any retractable divider, new text end 2.33 new text begin garage door, or other physical barrier that substantially encloses a side. new text end 3.1    Sec. 4. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision 3.2to read: 3.3     new text begin Subd. 1b. new text end new text begin Place of employment. new text end new text begin "Place of employment" means any indoor area new text end 3.4 new text begin at which two or more individuals perform any type of a service for consideration of new text end 3.5 new text begin payment under any type of contractual relationship, including, but not limited to, an new text end 3.6 new text begin employment relationship with or for a private corporation, partnership, individual, or new text end 3.7 new text begin government agency. Place of employment includes any indoor area where two or more new text end 3.8 new text begin individuals gratuitously perform services for which individuals are ordinarily paid. A new text end 3.9 new text begin place of employment includes, but is not limited to, public conveyances, factories, new text end 3.10 new text begin warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, new text end 3.11 new text begin banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, new text end 3.12 new text begin restrooms, elevators, hallways, museums, libraries, bowling establishments, employee new text end 3.13 new text begin medical facilities, and rooms or areas containing photocopying equipment or other office new text end 3.14 new text begin equipment used in common. Vehicles used in whole or in part for work purposes are new text end 3.15 new text begin places of employment during hours of operation if more than one person is present. An new text end 3.16 new text begin area in which work is performed in a private residence is a place of employment during new text end 3.17 new text begin hours of operation if: new text end 3.18     new text begin (1) the homeowner uses the area exclusively and regularly as a principal place of new text end 3.19 new text begin business and has one or more on-site employees; or new text end 3.20     new text begin (2) the homeowner uses the area exclusively and regularly as a place to meet or deal new text end 3.21 new text begin with patients, clients, or customers in the normal course of the homeowner's trade or new text end 3.22 new text begin business. new text end 3.23    Sec. 5. Minnesota Statutes 2006, section 144.413, subdivision 2, is amended to read: 3.24    Subd. 2. Public place. "Public place" means any enclosed, indoor area used by the 3.25general public or serving as a place of work, including, but not limited to, restaurants, new text begin ; new text end 3.26 new text begin bars; any other food or liquor establishment; new text end retail stores, offices new text begin , except retail tobacco new text end 3.27 new text begin products shops as provided in section 144.4167, subdivision 4, new text end and other commercial 3.28establishments, public conveyances, new text begin ; new text end educational facilities other than public schools, 3.29as defined in section 120A.05, subdivisions 9, 11, and 13, new text begin ; new text end hospitals, new text begin ; new text end nursing homes, new text begin ; new text end 3.30auditoriums, new text begin ; new text end arenas, new text begin ; new text end meeting rooms, new text begin ; new text end and common areas of rental apartment buildings, 3.31but excluding private, enclosed offices occupied exclusively by smokers even though 3.32such offices may be visited by nonsmokers. 3.33    Sec. 6. Minnesota Statutes 2006, section 144.413, subdivision 4, is amended to read: 4.1    Subd. 4. Smoking. "Smoking" new text begin means inhaling or exhaling smoke from any lighted new text end 4.2 new text begin cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also new text end includes 4.3carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment new text begin tobacco new text end 4.4 new text begin or plant product intended for inhalation new text end . 4.5    Sec. 7. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision 4.6to read: 4.7     new text begin Subd. 5. new text end new text begin Public transportation. new text end new text begin "Public transportation" means public means of new text end 4.8 new text begin transportation, including light and commuter rail transit; buses; enclosed bus and transit new text end 4.9 new text begin stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated new text end 4.10 new text begin by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals. new text end 4.11    Sec. 8. Minnesota Statutes 2006, section 144.414, is amended to read: 4.12144.414 PROHIBITIONS. 4.13    Subdivision 1. Public places new text begin , places of employment, public transportation, and new text end 4.14 new text begin public meetings new text end . new text begin (a) Smoking shall not be permitted in and new text end no person shall smoke in a 4.15public place or new text begin , new text end at a public meeting except in designated smoking areas. This prohibition 4.16does not apply in cases in which an entire room or hall is used for a private social function 4.17and seating arrangements are under the control of the sponsor of the function and not of 4.18the proprietor or person in charge of the place. Furthermore, this prohibition shall not 4.19apply to places of work not usually frequented by the general public, except that the state 4.20commissioner of health shall establish rules to restrict or prohibit smoking in factories, 4.21warehouses, and those places of work where the close proximity of workers or the 4.22inadequacy of ventilation causes smoke pollution detrimental to the health and comfort of 4.23nonsmoking employees new text begin , in a place of employment, or in public transportation, except as new text end 4.24 new text begin provided in this section or section 144.4167 new text end . 4.25     new text begin (b) Sections 144.414 to 141.417 become effective for bars, bingo halls, and new text end 4.26 new text begin restaurants on January 1, 2009. new text end 4.27     new text begin (c) Smoking marijuana, including the medical use of marijuana, shall not be new text end 4.28 new text begin permitted in and no person shall smoke marijuana in a place of employment. new text end 4.29    Subd. 2. Day care premises. Smoking is prohibited in a day care center licensed 4.30under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a 4.31group family day care provider home licensed under Minnesota Rules, parts 9502.0300 4.32to 9502.0445, during its hours of operation. new text begin The proprietor of a family home or group new text end 4.33 new text begin family day care provider must disclose to parents or guardians of children cared for on the new text end 4.34 new text begin premises if the proprietor permits smoking outside of its hours of operation. Disclosure new text end 5.1 new text begin must include posting on the premises a conspicuous written notice and orally informing new text end 5.2 new text begin parents or guardians. new text end 5.3    Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area of 5.4a hospital, health care clinic, doctor's office, new text begin licensed residential facility for children, new text end or 5.5other health care-related facility, other than new text begin except that a patient or resident in new text end a nursing 5.6home, boarding care facility, or licensed residential facility, except as allowed in this 5.7subdivision new text begin for adults may smoke in a designated separate, enclosed room new text end new text begin maintained in new text end 5.8 new text begin accordance with applicable state and federal laws new text end . 5.9    (b) Smoking by participants in peer reviewed scientific studies related to the health 5.10effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic 5.11feet per minute per person pursuant to a policy that is approved by the commissioner and 5.12is established by the administrator of the program to minimize exposure of nonsmokers 5.13to smoke. 5.14     new text begin Subd. 4. new text end new text begin Public transportation vehicles. new text end new text begin Smoking is prohibited in public new text end 5.15 new text begin transportation vehicles except that the driver of a public transportation vehicle may smoke new text end 5.16 new text begin when the vehicle is being used for personal use. For purposes of this subdivision, "personal new text end 5.17 new text begin use" means that the public transportation vehicle is being used by the driver for private new text end 5.18 new text begin purposes and no for-hire passengers are present. If a driver smokes under this subdivision, new text end 5.19 new text begin the driver must post a conspicuous sign inside the vehicle to inform passengers. new text end 5.20    Sec. 9. Minnesota Statutes 2006, section 144.416, is amended to read: 5.21144.416 RESPONSIBILITIES OF PROPRIETORS. 5.22     new text begin (a) new text end The proprietor or other person in charge new text begin , firm, limited liability company, new text end 5.23 new text begin corporation, or other entity that owns, leases, manages, operates, or otherwise controls the new text end 5.24 new text begin use new text end of a public place new text begin , public transportation, place of employment, or public meeting new text end shall 5.25make reasonable efforts to prevent smoking in the public place new text begin , public transportation, new text end 5.26 new text begin place of employment, or public meeting new text end by new text begin : new text end 5.27    (a) new text begin (1) new text end posting appropriate signs; 5.28    (b) arranging seating to provide a smoke-free area; 5.29    (c) asking smokers to refrain from smoking upon request of a client or employee 5.30suffering discomfort from the smoke; or 5.31    (d) new text begin or by new text end any other means which may be appropriate new text begin ; and new text end 5.32     new text begin (2) asking any person who smokes in an area where smoking is prohibited to refrain new text end 5.33 new text begin from smoking and, if the person does not refrain from smoking after being asked to do so, new text end 5.34 new text begin asking the person to leave. If the person refuses to leave, the proprietor, person, or entity new text end 6.1 new text begin in charge shall handle the situation consistent with lawful methods for handling other new text end 6.2 new text begin persons acting in a disorderly manner or as a trespasser. new text end 6.3     new text begin (b) The proprietor or other person or entity in charge of a public place, public new text end 6.4 new text begin meeting, public transportation, or place of employment must not provide smoking new text end 6.5 new text begin equipment, including ashtrays, in areas where smoking is prohibited. Nothing in this new text end 6.6 new text begin section prohibits the proprietor or other person or entity in charge from taking more new text end 6.7 new text begin stringent measures than those under sections 144.414 to 144.417 to protect individuals new text end 6.8 new text begin from secondhand smoke. The proprietor or other person or entity in charge of a restaurant new text end 6.9 new text begin or bar may not serve an individual who is in violation of sections 144.411 to 144.417 new text end . 6.10    Sec. 10. new text begin [144.4167] PERMITTED SMOKING. new text end 6.11     new text begin Subdivision 1. new text end new text begin Scientific study participants. new text end new text begin Smoking by participants in peer new text end 6.12 new text begin reviewed scientific studies related to the health effects of smoking may be allowed in a new text end 6.13 new text begin separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a new text end 6.14 new text begin policy that is approved by the commissioner and is established by the administrator of the new text end 6.15 new text begin program to minimize exposure of nonsmokers to smoke. new text end 6.16     new text begin Subd. 2. new text end new text begin Traditional Native American ceremonies. new text end new text begin Sections 144.414 to 144.417 new text end 6.17 new text begin do not prohibit smoking by a Native American as part of a traditional Native American new text end 6.18 new text begin spiritual or cultural ceremony. For purposes of this section, a Native American is a person new text end 6.19 new text begin who is a member of an Indian tribe as defined in section 260.755, subdivision 12. new text end 6.20     new text begin Subd. 3. new text end new text begin Private places. new text end new text begin Except as provided in section 144.414, subdivision 2, new text end 6.21 new text begin nothing in sections 144.411 to 144.417 prohibits smoking in: new text end 6.22     new text begin (1) private homes, private residences, or private automobiles when they are not in new text end 6.23 new text begin use as a place of employment, as defined in section 144.413, subdivision 1b; or new text end 6.24     new text begin (2) a hotel or motel sleeping room rented to one or more guests. new text end 6.25     new text begin Subd. 4. new text end new text begin Tobacco products shop. new text end new text begin Sections 144.414 to 144.417 do not prohibit the new text end 6.26 new text begin lighting of tobacco in a tobacco products shop by a customer or potential customer. For new text end 6.27 new text begin the purposes of this subdivision, a tobacco products shop is a retail business that earns at new text end 6.28 new text begin least 90 percent of its gross receipts from the sale of tobacco products and paraphernalia new text end 6.29 new text begin associated with tobacco use. new text end 6.30     new text begin Subd. 5. new text end new text begin Approved smoking rooms. new text end new text begin (a) A city, town, or county, by majority vote new text end 6.31 new text begin of the governing body, may issue a license to a bar, upon request of the owner, to permit new text end 6.32 new text begin smoking in a designated smoking room of the bar. The city, town, or county shall set new text end 6.33 new text begin the fee for a smoking license after providing notice and a hearing on the proposed fees. new text end 6.34 new text begin Sections 144.414 to 144.417 do not prohibit smoking in smoking rooms of bars that new text end 6.35 new text begin have a smoking license. new text end 7.1     new text begin (b) For purposes of this subdivision, a "bar" means an establishment that has an new text end 7.2 new text begin on-sale intoxicating liquor license, an on-sale nonintoxicating malt liquor license, an new text end 7.3 new text begin on-sale 3.2 percent malt liquor license, a wine license, or a strong beer liquor license; and new text end 7.4     new text begin (1) the bar's sales of beer, nonintoxicating malt liquor, 3.2 percent malt liquor, wine, new text end 7.5 new text begin and intoxicating liquor are demonstrated for an existing licensee to be, or for an initial new text end 7.6 new text begin licensee projected to be, more than 50 percent of the total net sales of food and beverages, new text end 7.7 new text begin after taxes, that are served in the establishment. For the purposes of this section, "sales" are new text end 7.8 new text begin the sales reported to the Department of Revenue from the most recent calendar year; and new text end 7.9     new text begin (2) the smoking room: new text end 7.10     new text begin (i) is separated from the remainder of the bar on all sides by continuous new text end 7.11 new text begin floor-to-ceiling walls, which are interrupted only by closable doors that are continuously new text end 7.12 new text begin closed, except when a person is actively entering or exiting the smoking room; new text end 7.13     new text begin (ii) has ventilation systems that are totally separated from the remainder of the bar, new text end 7.14 new text begin with the smoking room maintaining a negative air pressure in relation to the remainder new text end 7.15 new text begin of the bar; and new text end 7.16     new text begin (iii) does not permit entrance or employment of minors or entrance of employees new text end 7.17 new text begin at any time, except after closing or in an emergency, notwithstanding section 340A.503, new text end 7.18 new text begin subdivision 4, paragraph (b). new text end 7.19     new text begin Subd. 6. new text end new text begin Heavy commercial vehicles. new text end new text begin Sections 144.414 to 144.417 do not prohibit new text end 7.20 new text begin smoking in motor vehicles registered under section 168.013, subdivision 1e, with a total new text end 7.21 new text begin gross weight of 26,001 pounds or greater. new text end 7.22     new text begin Subd. 7. new text end new text begin Private clubs with no employees. new text end new text begin Sections 144.414 to 144.417 do not new text end 7.23 new text begin prohibit smoking in private clubs that have had no employees for the past five years. new text end 7.24     new text begin Subd. 8. new text end new text begin Farm vehicles and construction equipment. new text end new text begin Sections 144.414 to 144.417 new text end 7.25 new text begin do not prohibit smoking in farm trucks, as defined in section 168.011, subdivision 22; new text end 7.26 new text begin implements of husbandry, as defined in section 168A.01, subdivision 8; and special mobile new text end 7.27 new text begin equipment, as defined in section 168.011, subdivision 22. new text end 7.28     new text begin Subd. 9. new text end new text begin Agricultural land. new text end new text begin Sections 144.414 to 144.417 do not prohibit smoking new text end 7.29 new text begin on property classified as class 2 property, under section 273.13, subdivision 23, including new text end 7.30 new text begin the house and garage and immediately surrounding one acre of land. new text end 7.31     new text begin Subd. 10. new text end new text begin Disabled veterans rest camps. new text end new text begin Sections 144.414 to 144.417 do not new text end 7.32 new text begin prohibit smoking in disabled veterans rest camps. new text end 7.33    Sec. 11. Minnesota Statutes 2006, section 144.417, is amended to read: 7.34144.417 COMMISSIONER OF HEALTH, ENFORCEMENT, PENALTIES. 8.1    Subdivision 1. Rules. (a) The state commissioner of health shall adopt rules 8.2necessary and reasonable to implement the provisions of sections 144.411 to 144.417, 8.3except as provided for in section . 8.4    (b) Rules implementing sections to adopted after January 1, 2002, 8.5may not take effect until approved by a law enacted after January 1, 2002. This paragraph 8.6does not apply to a rule or severable portion of a rule governing smoking in office 8.7buildings, factories, warehouses, or similar places of work, or in health care facilities. This 8.8paragraph does not apply to a rule changing the definition of "restaurant" to make it the 8.9same as the definition in section 157.15, subdivision 12. 8.10    Subd. 2. Penalties new text begin Violations new text end . Any person who violates section or 8.11 is guilty of a petty misdemeanor. new text begin (a) Any proprietor, person, or entity that owns, new text end 8.12 new text begin leases, manages, operates, or otherwise controls the use of an area in which smoking is new text end 8.13 new text begin prohibited under sections 144.414 to new text end new text begin , and that knowingly fails to comply with new text end 8.14 new text begin sections new text end new text begin to 144.417, is guilty of a petty misdemeanor. new text end 8.15     new text begin (b) Any person who smokes in an area where smoking is prohibited or restricted new text end 8.16 new text begin under sections new text end new text begin to 144.417 is guilty of a petty misdemeanor. new text end 8.17     new text begin (c) A proprietor, person, or entity in charge of a public place, public meeting, place new text end 8.18 new text begin of employment, or public transportation must not retaliate or take adverse action against new text end 8.19 new text begin an employee or anyone else who, in good faith, reports a violation of sections 144.414 to new text end 8.20 new text begin to the proprietor or person in charge of the public place, public meeting, place of new text end 8.21 new text begin employment, or public transportation, or to the commissioner of health or other designee new text end 8.22 new text begin responsible for enforcing sections new text end new text begin to new text end new text begin . new text end 8.23     new text begin (d) No person or employer shall discharge, refuse to hire, penalize, discriminate new text end 8.24 new text begin against, or in any manner retaliate against any employee, applicant for employment, or new text end 8.25 new text begin customer because the employee, applicant, or customer exercises any right to a smoke-free new text end 8.26 new text begin environment provided by sections new text end new text begin to 144.417 or other law. new text end 8.27    Subd. 3. Injunction. The state commissioner of health, a board of health as defined 8.28in section 145A.02, subdivision 2, or any affected party may institute an action in any 8.29court with jurisdiction to enjoin repeated violations of section or new text begin new text end 8.30 new text begin sections 144.414 to 144.417 new text end . 8.31    Sec. 12. new text begin CHARITABLE GAMBLING IMPACT STUDY. new text end 8.32     new text begin The Gambling Control Board, in cooperation with the commissioner of revenue, new text end 8.33 new text begin shall study the impact of a statewide smoking ban in public places on lawful gambling. new text end 8.34 new text begin The board shall provide a summary report with recommendations to the governor and the new text end 8.35 new text begin appropriate committees of the legislature prior to January 31, 2008. new text end 9.1    Sec. 13. new text begin DISLOCATED WORKER PROGRAM; ALLOCATION OF FUNDS. new text end 9.2     new text begin The Jobs Skills Partnership Board must enable the dislocated worker program under new text end 9.3 new text begin Minnesota Statutes, section 116L.17, to provide services under that program to employees new text end 9.4 new text begin of bars, restaurants, and lawful gambling organizations who become unemployed due, in new text end 9.5 new text begin whole or in part, to the provisions of this act. new text end 9.6    Sec. 14. new text begin FREEDOM TO BREATHE ACT. new text end 9.7     new text begin This act shall be referred to as the "Freedom to Breathe Act of 2007." new text end