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Key: (1) language to be deleted (2) new language

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; or
    (4) 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
    (5) 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 the public health, comfort
and environment by prohibiting smoking in areas where children or ill or injured persons
are present, and employees and the general public from the hazards of secondhand
smoke by limiting eliminating smoking in public places, places of employment, public
transportation, and at public meetings to designated smoking areas.

    Sec. 3. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
to read:
    Subd. 1a. Indoor area. "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.

    Sec. 4. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
to read:
    Subd. 1b. Place of employment. "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:
    (1) the homeowner uses the area exclusively and regularly as a principal place of
business and has one or more on-site employees; or
    (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.

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

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

    Sec. 7. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
to read:
    Subd. 5. Public transportation. "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.

    Sec. 8. Minnesota Statutes 2006, section 144.414, is amended to read:
144.414 PROHIBITIONS.
    Subdivision 1. Public places, places of employment, public transportation, and
public meetings. Smoking shall not be permitted in and no person shall smoke in a public
place or, at a public meeting 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, in a place of employment, or in public transportation, except as
provided in this section or section 144.4167.
    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. 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.
    Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area of
a hospital, health care clinic, doctor's office, licensed residential facility for children, or
other health care-related facility, other than except that a patient or resident in a nursing
home, boarding care facility, or licensed residential facility, except as allowed in this
subdivision for adults may smoke in a designated separate, enclosed room maintained in
accordance with applicable state and federal laws.
    (b) 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. 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.
    Subd. 4. Public transportation vehicles. 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.

    Sec. 9. Minnesota Statutes 2006, section 144.416, is amended to read:
144.416 RESPONSIBILITIES OF PROPRIETORS.
    (a) The proprietor or other person in charge, firm, limited liability company,
corporation, or other entity that owns, leases, manages, operates, or otherwise controls the
use of a public place, public transportation, place of employment, or public meeting shall
make reasonable efforts to prevent smoking in the public place, public transportation,
place of employment, or public meeting by:
    (a) (1) posting appropriate signs;
    (b) arranging seating to provide a smoke-free area;
    (c) asking smokers to refrain from smoking upon request of a client or employee
suffering discomfort from the smoke; or
    (d) or by any other means which may be appropriate; and
     (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.
    (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.

    Sec. 10. [144.4167] PERMITTED SMOKING.
    Subdivision 1. Scientific study participants. 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.
    Subd. 2. Traditional Native American ceremonies. 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.
    Subd. 3. Private places. Except as provided in section 144.414, subdivision 2,
nothing in sections 144.411 to 144.417 prohibits smoking in:
    (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
    (2) a hotel or motel sleeping room rented to one or more guests.
    Subd. 4. Tobacco products shop. 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.
    Subd. 5. Heavy commercial vehicles. 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.
    Subd. 6. Farm vehicles and construction equipment. 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.
    Subd. 7. Family farms. 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.
    Subd. 8. Disabled veterans rest camp. 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.
    Subd. 9. Theatrical productions. 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.

    Sec. 11. Minnesota Statutes 2006, section 144.417, is amended to read:
144.417 COMMISSIONER OF HEALTH, ENFORCEMENT, PENALTIES.
    Subdivision 1. Rules. (a) The state commissioner of health shall adopt rules
necessary and reasonable to implement the provisions of sections 144.411 to 144.417,
except as provided for in section 144.414.
    (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.
    Subd. 2. Penalties Violations. Any person who violates section 144.414 or
144.4165 is guilty of a petty misdemeanor. (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 144.417, and that knowingly fails to comply with
sections 144.414 to 144.417, is guilty of a petty misdemeanor.
    (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.
    (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.
    (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.
    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 section 144.416 or 144.4165
sections 144.414 to 144.417.
    Subd. 4. Local government ordinances. (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.
    (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).

    Sec. 12. CHARITABLE GAMBLING IMPACT STUDY.
    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.

    Sec. 13. DISLOCATED WORKER PROGRAM; ALLOCATION OF FUNDS.
    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.

    Sec. 14. FREEDOM TO BREATHE ACT.
    This act shall be referred to as the "Freedom to Breathe Act of 2007."

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

    Sec. 16. EFFECTIVE DATE.
    Sections 1 to 15 are effective October 1, 2007.
Presented to the governor May 14, 2007
Signed by the governor May 16, 2007, 11:01 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569