Minnesota Session Laws - 2007, Regular Session

CHAPTER 82--S.F.No. 238

An act

relating to health; establishing the Freedom to Breathe Act of 2007; establishing public policy to protect employees and the general public from the hazards of secondhand smoke; prohibiting smoking in certain areas; providing penalties;

amending Minnesota Statutes 2006, sections 116L.17, subdivision 1; 144.412; 144.413, subdivisions 2, 4, by adding subdivisions; 144.414; 144.416; 144.417; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2006, section 144.415.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have the meanings given them in this subdivision.

(b) "Commissioner" means the commissioner of employment and economic development.

(c) "Dislocated worker" means an individual who is a resident of Minnesota at the time employment ceased or was working in the state at the time employment ceased and:

(1) has been permanently separated or has received a notice of permanent separation from public or private sector employment and is eligible for or has exhausted entitlement to unemployment benefits, and is unlikely to return to the previous industry or occupation;

(2) has been long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides, including older individuals who may have substantial barriers to employment by reason of age;

(3) has been self-employed, including farmers and ranchers, and is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; deleted text begin or deleted text end

(4) new text begin has been permanently separated from employment in a restaurant, bar, or lawful gambling organization from October 1, 2007, to October 1, 2009, due to the implementation of any state law prohibiting smoking; or new text end

new text begin (5) new text end is a displaced homemaker. A "displaced homemaker" is an individual who has spent a substantial number of years in the home providing homemaking service and (i) has been dependent upon the financial support of another; and now due to divorce, separation, death, or disability of that person, must find employment to self support; or (ii) derived the substantial share of support from public assistance on account of dependents in the home and no longer receives such support.

To be eligible under this clause, the support must have ceased while the worker resided in Minnesota.

(d) "Eligible organization" means a state or local government unit, nonprofit organization, community action agency, business organization or association, or labor organization.

(e) "Plant closing" means the announced or actual permanent shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment.

(f) "Substantial layoff" means a permanent reduction in the workforce, which is not a result of a plant closing, and which results in an employment loss at a single site of employment during any 30-day period for at least 50 employees excluding those employees that work less than 20 hours per week.

Sec. 2.

Minnesota Statutes 2006, section 144.412, is amended to read:

144.412 PUBLIC POLICY.

The purpose of sections 144.411 to 144.417 is to protect deleted text begin the public health, comfort and environment by prohibiting smoking in areas where children or ill or injured persons are present, and deleted text end new text begin employees and the general public from the hazards of secondhand smoke new text end by deleted text begin limiting deleted text end new text begin eliminating new text end smoking in public places new text begin , places of employment, public transportation, new text end and at public meetings deleted text begin to designated smoking areas deleted text end .

Sec. 3.

Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision to read:

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 that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge window screen with an 18 by 16 mesh count is not a wall. new text end

Sec. 4.

Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision to read:

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 at which two or more individuals perform any type of a service for consideration of payment under any type of contractual relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual, or government agency. Place of employment includes any indoor area where two or more individuals gratuitously perform services for which individuals are ordinarily paid. A place of employment includes, but is not limited to, public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, and rooms or areas containing photocopying equipment or other office equipment used in common. Vehicles used in whole or in part for work purposes are places of employment during hours of operation if more than one person is present. An area in which work is performed in a private residence is a place of employment during hours of operation if: new text end

new text begin (1) the homeowner uses the area exclusively and regularly as a principal place of business and has one or more on-site employees; or new text end

new text begin (2) the homeowner uses the area exclusively and regularly as a place to meet or deal with patients, clients, or customers in the normal course of the homeowner's trade or business. new text end

Sec. 5.

Minnesota Statutes 2006, section 144.413, subdivision 2, is amended to read:

Subd. 2.

Public place.

"Public place" means any enclosed, indoor area used by the general public deleted text begin or serving as a place of work deleted text end , including, but not limited to, restaurants deleted text begin , deleted text end new text begin ; bars; any other food or liquor establishment; new text end retail stores deleted text begin , offices deleted text end and other commercial establishments deleted text begin , public conveyances, deleted text end new text begin ; new text end educational facilities other than public schools, as defined in section 120A.05, subdivisions 9, 11, and 13 deleted text begin , deleted text end new text begin ; new text end hospitals deleted text begin , deleted text end new text begin ; new text end nursing homes deleted text begin , deleted text end new text begin ; new text end auditoriums deleted text begin , deleted text end new text begin ; new text end arenas deleted text begin , deleted text end new text begin ; new text end meeting rooms deleted text begin , deleted text end new text begin ; new text end and common areas of rental apartment buildings deleted text begin , but excluding private, enclosed offices occupied exclusively by smokers even though such offices may be visited by nonsmokers deleted text end .

Sec. 6.

Minnesota Statutes 2006, section 144.413, subdivision 4, is amended to read:

Subd. 4.

Smoking.

"Smoking" new text begin means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also new text end includes carrying a lighted cigar, cigarette, pipe, or any other lighted deleted text begin smoking equipment deleted text end new text begin tobacco or plant product intended for inhalation new text end .

Sec. 7.

Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision to read:

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 transportation, including light and commuter rail transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals. new text end

Sec. 8.

Minnesota Statutes 2006, section 144.414, is amended to read:

144.414 PROHIBITIONS.

Subdivision 1.

Public places new text begin , places of employment, public transportation, and public meetings new text end .

new text begin Smoking shall not be permitted in and new text end no person shall smoke in a public place deleted text begin or deleted text end new text begin , new text end at a public meeting deleted text begin except in designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place. Furthermore, this prohibition shall not apply to places of work not usually frequented by the general public, except that the state commissioner of health shall establish rules to restrict or prohibit smoking in factories, warehouses, and those places of work where the close proximity of workers or the inadequacy of ventilation causes smoke pollution detrimental to the health and comfort of nonsmoking employees deleted text end new text begin , in a place of employment, or in public transportation, except as provided in this section or section 144.4167 new text end .

Subd. 2.

Day care premises.

Smoking is prohibited in a day care center licensed under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a group family day care provider home licensed under Minnesota Rules, parts 9502.0300 to 9502.0445, during its hours of operation. new text begin The proprietor of a family home or group family day care provider must disclose to parents or guardians of children cared for on the premises if the proprietor permits smoking outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians. new text end

Subd. 3.

Health care facilities and clinics.

(a) Smoking is prohibited in any area of a hospital, health care clinic, doctor's office, new text begin licensed residential facility for children, new text end or other health care-related facility, deleted text begin other than deleted text end new text begin except that a patient or resident in new text end a nursing home, boarding care facility, or licensed residential facility deleted text begin , except as allowed in this subdivision deleted text end new text begin for adults may smoke in a designated separate, enclosed room maintained in accordance with applicable state and federal laws new text end .

(b) deleted text begin Smoking by participants in peer reviewed scientific studies related to the health deleted text end deleted text begin effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic deleted text end deleted text begin feet per minute per person pursuant to a policy that is approved by the commissioner and deleted text end deleted text begin is established by the administrator of the program to minimize exposure of nonsmokers deleted text end deleted text begin to smoke. deleted text end new text begin Except as provided in section 246.0141, smoking by patients in a locked psychiatric unit may be allowed in a separated well-ventilated area in the unit under a policy established by the administrator of the program that allows the treating physician to approve smoking if, in the opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with treatment outweigh the negative impacts of smoking. new text end

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 transportation vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is being used for personal use. For purposes of this subdivision, "personal use" means that the public transportation vehicle is being used by the driver for private purposes and no for-hire passengers are present. If a driver smokes under this subdivision, the driver must post a conspicuous sign inside the vehicle to inform passengers. new text end

Sec. 9.

Minnesota Statutes 2006, section 144.416, is amended to read:

144.416 RESPONSIBILITIES OF PROPRIETORS.

new text begin (a) new text end The proprietor or other person deleted text begin in charge deleted text end new text begin , firm, limited liability company, corporation, or other entity that owns, leases, manages, operates, or otherwise controls the use new text end of a public place new text begin , public transportation, place of employment, or public meeting new text end shall make reasonable efforts to prevent smoking in the public place new text begin , public transportation, place of employment, or public meeting new text end by new text begin : new text end

deleted text begin (a) deleted text end new text begin (1) new text end posting appropriate signs deleted text begin ; deleted text end

deleted text begin (b) arranging seating to provide a smoke-free area; deleted text end

deleted text begin (c) asking smokers to refrain from smoking upon request of a client or employee suffering discomfort from the smoke; or deleted text end

deleted text begin (d) deleted text end new text begin or by new text end any other means which may be appropriate new text begin ; and new text end

new text begin (2) asking any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, asking the person to leave. If the person refuses to leave, the proprietor, person, or entity in charge shall handle the situation consistent with lawful methods for handling other persons acting in a disorderly manner or as a trespasser. new text end

new text begin (b) The proprietor or other person or entity in charge of a public place, public meeting, public transportation, or place of employment must not provide smoking equipment, including ashtrays or matches, in areas where smoking is prohibited. Nothing in this section prohibits the proprietor or other person or entity in charge from taking more stringent measures than those under sections 144.414 to 144.417 to protect individuals from secondhand smoke. The proprietor or other person or entity in charge of a restaurant or bar may not serve an individual who is in violation of sections 144.411 to 144.417 new text end .

Sec. 10.

new text begin [144.4167] PERMITTED SMOKING. new text end

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 reviewed scientific studies related to the health effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a policy that is approved by the commissioner and is established by the administrator of the program to minimize exposure of nonsmokers to smoke. new text end

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 do not prohibit smoking by a Native American as part of a traditional Native American spiritual or cultural ceremony. For purposes of this section, a Native American is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12. new text end

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, nothing in sections 144.411 to 144.417 prohibits smoking in: new text end

new text begin (1) private homes, private residences, or private automobiles when they are not in use as a place of employment, as defined in section 144.413, subdivision 1b; or new text end

new text begin (2) a hotel or motel sleeping room rented to one or more guests. new text end

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 lighting of tobacco in a tobacco products shop by a customer or potential customer for the specific purpose of sampling tobacco products. For the purposes of this subdivision, a tobacco products shop is a retail establishment with an entrance door opening directly to the outside that derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license. new text end

new text begin Subd. 5. new text end

new text begin Heavy commercial vehicles. new text end

new text begin Sections 144.414 to 144.417 do not prohibit smoking in the cabs of motor vehicles registered under section 168.013, subdivision 1e, with a total gross weight of 26,001 pounds or greater. new text end

new text begin Subd. 6. new text end

new text begin Farm vehicles and construction equipment. new text end

new text begin Sections 144.414 to 144.417 do not prohibit smoking in farm trucks, as defined in section 168.011, subdivision 17; implements of husbandry, as defined in section 168A.01, subdivision 8; and special mobile equipment, as defined in section 168.011, subdivision 22. This subdivision applies to farm trucks, implements of husbandry, and special mobile equipment, when being used for their intended purposes. new text end

new text begin Subd. 7. new text end

new text begin Family farms. new text end

new text begin Sections 144.414 to 144.417 do not prohibit smoking in the house, garage, barns, and other buildings on a family farm that meets the following criteria: (1) the family farm is engaged in farming, as defined in section 500.24, subdivision 2, paragraph (a); (2) the family farm meets the definition of family farm under section 500.24, subdivision 2, paragraph (b), (c), (j), or (l); and (3) the family farm employs two or fewer persons who are not family members. new text end

new text begin Subd. 8. new text end

new text begin Disabled veterans rest camp. new text end

new text begin Sections 144.414 to 144.417 do not prohibit smoking in the disabled veterans rest camp located in Washington County, established as of January 1, 2007. new text end

new text begin Subd. 9. new text end

new text begin Theatrical productions. new text end

new text begin Sections 144.414 to 144.417 do not prohibit smoking by actors and actresses as part of a theatrical performance conducted in compliance with section 366.01. Notice of smoking in a performance shall be given to theater patrons in advance and shall be included in performance programs. new text end

Sec. 11.

Minnesota Statutes 2006, section 144.417, is amended to read:

144.417 COMMISSIONER OF HEALTH, ENFORCEMENT, PENALTIES.

Subdivision 1.

Rules.

deleted text begin (a) deleted text end The state commissioner of health shall adopt rules necessary and reasonable to implement the provisions of sections 144.411 to 144.417 deleted text begin , except as provided for in section 144.414 deleted text end .

deleted text begin (b) Rules implementing sections 144.411 to 144.417 adopted after January 1, 2002, may not take effect until approved by a law enacted after January 1, 2002. This paragraph does not apply to a rule or severable portion of a rule governing smoking in office buildings, factories, warehouses, or similar places of work, or in health care facilities. This paragraph does not apply to a rule changing the definition of "restaurant" to make it the same as the definition in section 157.15, subdivision 12. deleted text end

Subd. 2.

deleted text begin Penalties deleted text end new text begin Violations new text end .

deleted text begin Any person who violates section 144.414 or 144.4165 is guilty of a petty misdemeanor. deleted text end new text begin (a) Any proprietor, person, or entity that owns, leases, manages, operates, or otherwise controls the use of an area in which smoking is prohibited under sections 144.414 to , and that knowingly fails to comply with sections to 144.417, is guilty of a petty misdemeanor. new text end

new text begin (b) Any person who smokes in an area where smoking is prohibited or restricted under sections 144.414 to 144.417 is guilty of a petty misdemeanor. new text end

new text begin (c) A proprietor, person, or entity in charge of a public place, public meeting, place of employment, or public transportation must not retaliate or take adverse action against an employee or anyone else who, in good faith, reports a violation of sections 144.414 to 144.417 to the proprietor or person in charge of the public place, public meeting, place of employment, or public transportation, or to the commissioner of health or other designee responsible for enforcing sections 144.414 to 144.417. new text end

new text begin (d) No person or employer shall discharge, refuse to hire, penalize, discriminate against, or in any manner retaliate against any employee, applicant for employment, or customer because the employee, applicant, or customer exercises any right to a smoke-free environment provided by sections 144.414 to 144.417 or other law. new text end

Subd. 3.

Injunction.

The state commissioner of health, a board of health as defined in section 145A.02, subdivision 2, or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of deleted text begin section 144.416 or 144.4165 deleted text end new text begin sections 144.414 to 144.417 new text end .

new text begin Subd. 4. new text end

new text begin Local government ordinances. new text end

new text begin (a) Nothing in sections 144.414 to 144.417 prohibits a statutory or home rule charter city or county from enacting and enforcing more stringent measures to protect individuals from secondhand smoke. new text end

new text begin (b) Except as provided in sections 144.411 to 144.417, smoking is permitted outside of restaurants, bars, and bingo halls unless limited or prohibited by restrictions adopted in accordance with paragraph (a). new text end

Sec. 12.

new text begin CHARITABLE GAMBLING IMPACT STUDY. new text end

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

Sec. 13.

new text begin DISLOCATED WORKER PROGRAM; ALLOCATION OF FUNDS. new text end

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

Sec. 14.

new text begin FREEDOM TO BREATHE ACT. new text end

new text begin This act shall be referred to as the "Freedom to Breathe Act of 2007." new text end

Sec. 15.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2006, section 144.415, new text end new text begin is repealed. new text end

Sec. 16.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 1 to 15 are effective October 1, 2007. new text end

Presented to the governor May 14, 2007

Signed by the governor May 16, 2007, 11:01 a.m.