"Freedom to Breath Act of 2005"; modifying certain provisions under the clean indoor air act; prohibiting smoking in places of employment and in public transportation vehicles, defining smoking, indoor area, places of employment and public transportation and modifying the definition of public place; requiring family home or group family day care providers to disclose to parents or guardians of children cared for on the premises of the existence of smoking on the premises outside the hours of operation; expanding the prohibition on smoking in health care facilities to licensed residential facilities for children and modifying the prohibition on smoking in nursing and boarding care homes; authorizing smoking in public transportation vehicles used for personal purposes by the driver, passengers disclosure requirement; strengthening the responsibility of proprietors in charge of public places to prevent smoking; authorizing smoking in traditional native American ceremonies; specifically excluding private homes, residences, automobiles hotel or motel rooms and tobacco products shops from the smoking prohibitions; enumerating violations of the prohibitions, providing an affirmative defense to the charge of failing to prohibit smoking and prohibiting retaliatory actions against violation reporters or against employees, employment applicants or customers exercising the right to a smoke free environment; authorizing more stringent local government regulations to protect individuals from second hand smoke; repealing the provision authorizing the designation of smoking areas in public places
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