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SF 238A

Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 01/15/2013 08:28pm

KEY: stricken = removed, old language.
underscored = added, new language.
1.2A bill for an act
1.3relating to health; establishing public policy to protect employees and the general
1.4public from the hazards of secondhand smoke; requiring persons to refrain from
1.5smoking in certain areas;amending Minnesota Statutes 2006, sections 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; repealing
1.8Minnesota Statutes 2006, section 144.415.
1.9May 10, 2007
1.10The Honorable James P. Metzen
1.11President of the Senate
1.12The Honorable Margaret Anderson Kelliher
1.13Speaker of the House of Representatives
1.14We, the undersigned conferees for S.F. No. 238 report that we have agreed upon the
1.15items in dispute and recommend as follows:
1.16That the House recede from its amendments and that S.F. No. 238 be further
1.17amended as follows:
1.18Delete everything after the enacting clause and insert:

1.19    "Section 1. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to
1.21    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.22have the meanings given them in this subdivision.
1.23    (b) "Commissioner" means the commissioner of employment and economic
1.25    (c) "Dislocated worker" means an individual who is a resident of Minnesota at the
1.26time employment ceased or was working in the state at the time employment ceased and:
1.27    (1) has been permanently separated or has received a notice of permanent separation
1.28from public or private sector employment and is eligible for or has exhausted entitlement
1.29to unemployment benefits, and is unlikely to return to the previous industry or occupation;
2.1    (2) has been long-term unemployed and has limited opportunities for employment
2.2or reemployment in the same or a similar occupation in the area in which the individual
2.3resides, including older individuals who may have substantial barriers to employment by
2.4reason of age;
2.5    (3) has been self-employed, including farmers and ranchers, and is unemployed as a
2.6result of general economic conditions in the community in which the individual resides or
2.7because of natural disasters; or
2.8    (4) has been permanently separated from employment in a restaurant, bar, or
2.9lawful gambling organization from October 1, 2007, to October 1, 2009, due to the
2.10implementation of any state law prohibiting smoking; or
2.11    (5) is a displaced homemaker. A "displaced homemaker" is an individual who has
2.12spent a substantial number of years in the home providing homemaking service and (i) has
2.13been dependent upon the financial support of another; and now due to divorce, separation,
2.14death, or disability of that person, must find employment to self support; or (ii) derived
2.15the substantial share of support from public assistance on account of dependents in the
2.16home and no longer receives such support.
2.17    To be eligible under this clause, the support must have ceased while the worker
2.18resided in Minnesota.
2.19    (d) "Eligible organization" means a state or local government unit, nonprofit
2.20organization, community action agency, business organization or association, or labor
2.22    (e) "Plant closing" means the announced or actual permanent shutdown of a single
2.23site of employment, or one or more facilities or operating units within a single site of
2.25    (f) "Substantial layoff" means a permanent reduction in the workforce, which is
2.26not a result of a plant closing, and which results in an employment loss at a single site
2.27of employment during any 30-day period for at least 50 employees excluding those
2.28employees that work less than 20 hours per week.

2.29    Sec. 2. Minnesota Statutes 2006, section 144.412, is amended to read:
2.30144.412 PUBLIC POLICY.
2.31    The purpose of sections 144.411 to 144.417 is to protect the public health, comfort
2.32and environment by prohibiting smoking in areas where children or ill or injured persons
2.33are present, and employees and the general public from the hazards of secondhand
2.34smoke by limiting eliminating smoking in public places, places of employment, public
2.35transportation, and at public meetings to designated smoking areas.

3.1    Sec. 3. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
3.2to read:
3.3    Subd. 1a. Indoor area. "Indoor area" means all space between a floor and a ceiling
3.4that is bounded by walls, doorways, or windows, whether open or closed, covering
3.5more than 50 percent of the combined surface area of the vertical planes constituting
3.6the perimeter of the area. A wall includes any retractable divider, garage door, or other
3.7physical barrier, whether temporary or permanent. A 0.011 gauge window screen with an
3.818 by 16 mesh count is not a wall.

3.9    Sec. 4. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
3.10to read:
3.11    Subd. 1b. Place of employment. "Place of employment" means any indoor area
3.12at which two or more individuals perform any type of a service for consideration of
3.13payment under any type of contractual relationship, including, but not limited to, an
3.14employment relationship with or for a private corporation, partnership, individual, or
3.15government agency. Place of employment includes any indoor area where two or more
3.16individuals gratuitously perform services for which individuals are ordinarily paid. A
3.17place of employment includes, but is not limited to, public conveyances, factories,
3.18warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores,
3.19banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums,
3.20restrooms, elevators, hallways, museums, libraries, bowling establishments, employee
3.21medical facilities, and rooms or areas containing photocopying equipment or other office
3.22equipment used in common. Vehicles used in whole or in part for work purposes are
3.23places of employment during hours of operation if more than one person is present. An
3.24area in which work is performed in a private residence is a place of employment during
3.25hours of operation if:
3.26    (1) the homeowner uses the area exclusively and regularly as a principal place of
3.27business and has one or more on-site employees; or
3.28    (2) the homeowner uses the area exclusively and regularly as a place to meet or deal
3.29with patients, clients, or customers in the normal course of the homeowner's trade or

3.31    Sec. 5. Minnesota Statutes 2006, section 144.413, subdivision 2, is amended to read:
3.32    Subd. 2. Public place. "Public place" means any enclosed, indoor area used by the
3.33general public or serving as a place of work, including, but not limited to, restaurants,;
3.34bars; any other food or liquor establishment; retail stores, offices and other commercial
3.35establishments, public conveyances,; educational facilities other than public schools,
4.1as defined in section 120A.05, subdivisions 9, 11, and 13,; hospitals,; nursing homes,;
4.2auditoriums,; arenas,; meeting rooms,; and common areas of rental apartment buildings,
4.3but excluding private, enclosed offices occupied exclusively by smokers even though
4.4such offices may be visited by nonsmokers.

4.5    Sec. 6. Minnesota Statutes 2006, section 144.413, subdivision 4, is amended to read:
4.6    Subd. 4. Smoking. "Smoking" means inhaling or exhaling smoke from any lighted
4.7cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes
4.8carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment tobacco
4.9or plant product intended for inhalation.

4.10    Sec. 7. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
4.11to read:
4.12    Subd. 5. Public transportation. "Public transportation" means public means of
4.13transportation, including light and commuter rail transit; buses; enclosed bus and transit
4.14stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated
4.15by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals.

4.16    Sec. 8. Minnesota Statutes 2006, section 144.414, is amended to read:
4.17144.414 PROHIBITIONS.
4.18    Subdivision 1. Public places, places of employment, public transportation, and
4.19public meetings. Smoking shall not be permitted in and no person shall smoke in a public
4.20place or, at a public meeting except in designated smoking areas. This prohibition does
4.21not apply in cases in which an entire room or hall is used for a private social function
4.22and seating arrangements are under the control of the sponsor of the function and not of
4.23the proprietor or person in charge of the place. Furthermore, this prohibition shall not
4.24apply to places of work not usually frequented by the general public, except that the state
4.25commissioner of health shall establish rules to restrict or prohibit smoking in factories,
4.26warehouses, and those places of work where the close proximity of workers or the
4.27inadequacy of ventilation causes smoke pollution detrimental to the health and comfort of
4.28nonsmoking employees, in a place of employment, or in public transportation, except as
4.29provided in this section or section 144.4167.
4.30    Subd. 2. Day care premises. Smoking is prohibited in a day care center licensed
4.31under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a
4.32group family day care provider home licensed under Minnesota Rules, parts 9502.0300
4.33to 9502.0445, during its hours of operation. The proprietor of a family home or group
4.34family day care provider must disclose to parents or guardians of children cared for on the
5.1premises if the proprietor permits smoking outside of its hours of operation. Disclosure
5.2must include posting on the premises a conspicuous written notice and orally informing
5.3parents or guardians.
5.4    Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area of
5.5a hospital, health care clinic, doctor's office, licensed residential facility for children, or
5.6other health care-related facility, other than except that a patient or resident in a nursing
5.7home, boarding care facility, or licensed residential facility, except as allowed in this
5.8subdivision for adults may smoke in a designated separate, enclosed room maintained in
5.9accordance with applicable state and federal laws.
5.10    (b) Smoking by participants in peer reviewed scientific studies related to the health
5.11effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic
5.12feet per minute per person pursuant to a policy that is approved by the commissioner and
5.13is established by the administrator of the program to minimize exposure of nonsmokers
5.14to smoke. Except as provided in section 246.0141, smoking by patients in a locked
5.15psychiatric unit may be allowed in a separated well-ventilated area in the unit under a
5.16policy established by the administrator of the program that allows the treating physician to
5.17approve smoking if, in the opinion of the treating physician, the benefits to be gained in
5.18obtaining patient cooperation with treatment outweigh the negative impacts of smoking.
5.19    Subd. 4. Public transportation vehicles. Smoking is prohibited in public
5.20transportation vehicles except that the driver of a public transportation vehicle may smoke
5.21when the vehicle is being used for personal use. For purposes of this subdivision, "personal
5.22use" means that the public transportation vehicle is being used by the driver for private
5.23purposes and no for-hire passengers are present. If a driver smokes under this subdivision,
5.24the driver must post a conspicuous sign inside the vehicle to inform passengers.

5.25    Sec. 9. Minnesota Statutes 2006, section 144.416, is amended to read:
5.27    (a) The proprietor or other person in charge, firm, limited liability company,
5.28corporation, or other entity that owns, leases, manages, operates, or otherwise controls the
5.29use of a public place, public transportation, place of employment, or public meeting shall
5.30make reasonable efforts to prevent smoking in the public place, public transportation,
5.31place of employment, or public meeting by:
5.32    (a) (1) posting appropriate signs;
5.33    (b) arranging seating to provide a smoke-free area;
5.34    (c) asking smokers to refrain from smoking upon request of a client or employee
5.35suffering discomfort from the smoke; or
6.1    (d) or by any other means which may be appropriate; and
6.2     (2) asking any person who smokes in an area where smoking is prohibited to refrain
6.3from smoking and, if the person does not refrain from smoking after being asked to do so,
6.4asking the person to leave. If the person refuses to leave, the proprietor, person, or entity
6.5in charge shall handle the situation consistent with lawful methods for handling other
6.6persons acting in a disorderly manner or as a trespasser.
6.7    (b) The proprietor or other person or entity in charge of a public place, public
6.8meeting, public transportation, or place of employment must not provide smoking
6.9equipment, including ashtrays or matches, in areas where smoking is prohibited. Nothing
6.10in this section prohibits the proprietor or other person or entity in charge from taking more
6.11stringent measures than those under sections 144.414 to 144.417 to protect individuals
6.12from secondhand smoke. The proprietor or other person or entity in charge of a restaurant
6.13or bar may not serve an individual who is in violation of sections 144.411 to 144.417.

6.14    Sec. 10. [144.4167] PERMITTED SMOKING.
6.15    Subdivision 1. Scientific study participants. Smoking by participants in peer
6.16reviewed scientific studies related to the health effects of smoking may be allowed in a
6.17separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a
6.18policy that is approved by the commissioner and is established by the administrator of the
6.19program to minimize exposure of nonsmokers to smoke.
6.20    Subd. 2. Traditional Native American ceremonies. Sections 144.414 to 144.417
6.21do not prohibit smoking by a Native American as part of a traditional Native American
6.22spiritual or cultural ceremony. For purposes of this section, a Native American is a person
6.23who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
6.24    Subd. 3. Private places. Except as provided in section 144.414, subdivision 2,
6.25nothing in sections 144.411 to 144.417 prohibits smoking in:
6.26    (1) private homes, private residences, or private automobiles when they are not in
6.27use as a place of employment, as defined in section 144.413, subdivision 1b; or
6.28    (2) a hotel or motel sleeping room rented to one or more guests.
6.29    Subd. 4. Tobacco products shop. Sections 144.414 to 144.417 do not prohibit the
6.30lighting of tobacco in a tobacco products shop by a customer or potential customer for the
6.31specific purpose of sampling tobacco products. For the purposes of this subdivision, a
6.32tobacco products shop is a retail establishment with an entrance door opening directly
6.33to the outside that derives more than 90 percent of its gross revenue from the sale of
6.34loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices
6.35for burning tobacco and related smoking accessories and in which the sale of other
7.1products is merely incidental. "Tobacco products shop" does not include a tobacco
7.2department or section of any individual business establishment with any type of liquor,
7.3food, or restaurant license.
7.4    Subd. 5. Heavy commercial vehicles. Sections 144.414 to 144.417 do not prohibit
7.5smoking in the cabs of motor vehicles registered under section 168.013, subdivision 1e,
7.6with a total gross weight of 26,001 pounds or greater.
7.7    Subd. 6. Farm vehicles and construction equipment. Sections 144.414 to
7.8144.417 do not prohibit smoking in farm trucks, as defined in section 168.011, subdivision
7.917; implements of husbandry, as defined in section 168A.01, subdivision 8; and special
7.10mobile equipment, as defined in section 168.011, subdivision 22. This subdivision applies
7.11to farm trucks, implements of husbandry, and special mobile equipment, when being
7.12used for their intended purposes.
7.13    Subd. 7. Family farms. Sections 144.414 to 144.417 do not prohibit smoking in
7.14the house, garage, barns, and other buildings on a family farm that meets the following
7.15criteria: (1) the family farm is engaged in farming, as defined in section 500.24,
7.16subdivision 2, paragraph (a); (2) the family farm meets the definition of family farm
7.17under section 500.24, subdivision 2, paragraph (b), (c), (j), or (l); and (3) the family farm
7.18employs two or fewer persons who are not family members.
7.19    Subd. 8. Disabled veterans rest camp. Sections 144.414 to 144.417 do not prohibit
7.20smoking in the disabled veterans rest camp located in Washington County, established as
7.21of January 1, 2007.
7.22    Subd. 9. Theatrical productions. Sections 144.414 to 144.417 do not prohibit
7.23smoking by actors and actresses as part of a theatrical performance conducted in
7.24compliance with section 366.01. Notice of smoking in a performance shall be given to
7.25theater patrons in advance and shall be included in performance programs.

7.26    Sec. 11. Minnesota Statutes 2006, section 144.417, is amended to read:
7.28    Subdivision 1. Rules. (a) The state commissioner of health shall adopt rules
7.29necessary and reasonable to implement the provisions of sections 144.411 to 144.417,
7.30except as provided for in section 144.414.
7.31    (b) Rules implementing sections 144.411 to 144.417 adopted after January 1, 2002,
7.32may not take effect until approved by a law enacted after January 1, 2002. This paragraph
7.33does not apply to a rule or severable portion of a rule governing smoking in office
7.34buildings, factories, warehouses, or similar places of work, or in health care facilities. This
8.1paragraph does not apply to a rule changing the definition of "restaurant" to make it the
8.2same as the definition in section 157.15, subdivision 12.
8.3    Subd. 2. Penalties Violations. Any person who violates section 144.414 or
8.4144.4165 is guilty of a petty misdemeanor. (a) Any proprietor, person, or entity that owns,
8.5leases, manages, operates, or otherwise controls the use of an area in which smoking is
8.6prohibited under sections 144.414 to 144.417, and that knowingly fails to comply with
8.7sections 144.414 to 144.417, is guilty of a petty misdemeanor.
8.8    (b) Any person who smokes in an area where smoking is prohibited or restricted
8.9under sections 144.414 to 144.417 is guilty of a petty misdemeanor.
8.10    (c) A proprietor, person, or entity in charge of a public place, public meeting, place
8.11of employment, or public transportation must not retaliate or take adverse action against
8.12an employee or anyone else who, in good faith, reports a violation of sections 144.414 to
8.13144.417 to the proprietor or person in charge of the public place, public meeting, place of
8.14employment, or public transportation, or to the commissioner of health or other designee
8.15responsible for enforcing sections 144.414 to 144.417.
8.16    (d) No person or employer shall discharge, refuse to hire, penalize, discriminate
8.17against, or in any manner retaliate against any employee, applicant for employment, or
8.18customer because the employee, applicant, or customer exercises any right to a smoke-free
8.19environment provided by sections 144.414 to 144.417 or other law.
8.20    Subd. 3. Injunction. The state commissioner of health, a board of health as defined
8.21in section 145A.02, subdivision 2, or any affected party may institute an action in any
8.22court with jurisdiction to enjoin repeated violations of section 144.416 or 144.4165
8.23sections 144.414 to 144.417.
8.24    Subd. 4. Local government ordinances. (a) Nothing in sections 144.414 to
8.25144.417 prohibits a statutory or home rule charter city or county from enacting and
8.26enforcing more stringent measures to protect individuals from secondhand smoke.
8.27    (b) Except as provided in sections 144.411 to 144.417, smoking is permitted outside
8.28of restaurants, bars, and bingo halls unless limited or prohibited by restrictions adopted in
8.29accordance with paragraph (a).

8.31    The Gambling Control Board, in cooperation with the commissioner of revenue,
8.32shall study the impact of a statewide smoking ban in public places on lawful gambling.
8.33The board shall provide a summary report with recommendations to the governor and the
8.34appropriate committees of the legislature prior to March 31, 2008.

9.2    The Job Skills Partnership Board must enable the dislocated worker program under
9.3Minnesota Statutes, section 116L.17, to provide services under that program to employees
9.4of bars, restaurants, and lawful gambling organizations who become unemployed from
9.5October 1, 2007, to October 1, 2009, due to the provisions of this act.

9.7    This act shall be referred to as the "Freedom to Breathe Act of 2007."

9.8    Sec. 15. REPEALER.
9.9Minnesota Statutes 2006, section 144.415, is repealed.

9.10    Sec. 16. EFFECTIVE DATE.
9.11    Sections 1 to 15 are effective October 1, 2007."
9.12Delete the title and insert:
9.13"A bill for an act
9.14relating to health; establishing the Freedom to Breathe Act of 2007; establishing
9.15public policy to protect employees and the general public from the hazards of
9.16secondhand smoke; prohibiting smoking in certain areas; providing penalties;
9.17amending Minnesota Statutes 2006, sections 116L.17, subdivision 1; 144.412;
9.18144.413, subdivisions 2, 4, by adding subdivisions; 144.414; 144.416; 144.417;
9.19proposing coding for new law in Minnesota Statutes, chapter 144; repealing
9.20Minnesota Statutes 2006, section 144.415."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Kathy Sheran, D. Scott Dibble, Ron Latz, Steve Dille, Julie A. RosenHouse Conferees: (Signed) Thomas Huntley, Erin Murphy, Kim Norton, Ken Tschumper, Dan Severson
We request the adoption of this report and repassage of the bill.
Senate Conferees:

Kathy Sheran
D. Scott Dibble

Ron Latz
Steve Dille

Julie A. Rosen
House Conferees:

Thomas Huntley
Erin Murphy

Kim Norton
Ken Tschumper

Dan Severson