1.1 	A bill for an act
1.2 	relating to child labor; regulating the employment of
1.3 	minors in establishments where smoking is permitted;
1.4 	providing civil penalties; amending Minnesota Statutes
1.5 	2004, section 181A.12, subdivision 1; proposing coding
1.6 	for new law in Minnesota Statutes 2004, chapter 181A.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [181A.117] PROHIBITED EMPLOYMENT IN
1.9 	ESTABLISHMENTS WHERE SMOKING IS PERMITTED.
1.10 	Subdivision 1.[CITATION; CHILDREN'S FREEDOM TO BREATHE
1.11 	ACT.] This section may be cited as the Minnesota Children's
1.12 	Freedom to Breathe Act.
1.13 		Subd. 2.Employment prohibited. No minor under the age
1.14 	of 18 shall be employed in any establishment where smoking is
1.15 	permitted during hours when smoking is permitted.

1.16 	Sec. 2. Minnesota Statutes 2004, section 181A.12,
1.17 	subdivision 1, is amended to read:
1.18 		Subdivision 1.Fines; penalty.  Any employer who hinders
1.19 	or delays the department or its authorized representative in the
1.20 	performance of its duties under sections 181A.01 to 181A.12 or
1.21 	refuses to admit the commissioner or an authorized
1.22 	representative to any place of employment or refuses to make
1.23 	certificates or lists available as required by sections 181A.01
1.24 	to 181A.12, or otherwise violates any provisions of sections
1.25 	181A.01 to 181A.12 or any rules issued pursuant thereto shall be
1.26 	assessed a fine to be paid to the commissioner for deposit in
2.1 	the general fund.  The fine may be recovered in a civil action
2.2 	in the name of the department brought in the district court of
2.3 	the county where the violation is alleged to have occurred or
2.4 	the district court where the commissioner has an office.  Fines
2.5 	are in the amounts as follows:
2.6 	(a) employment of minors under the age of 14
2.7 	         (each employee)                                 $  500
2.8 	     (b) employment of minors under the age of 16
2.9 	         during school hours while school is in session
2.10 	         (each employee)                                    500
2.11 	     (c) employment of minors under the age of 16
2.12 	         before 7:00 a.m. (each employee)                   500
2.13 	(d) employment of minors under the age of 16
2.14 	         after 9:00 p.m. (each employee)                    500
2.15 	     (e) employment of a high school student under
2.16 	         the age of 18 in violation of section 181A.04,
2.17 	         subdivision 6 (each employee)                    1,000
2.18 	     (f) employment of minors under the age of 16
2.19 	         over eight hours a day (each employee)             500
2.20 	     (g) employment of minors under the age of 16
2.21 	         over 40 hours a week (each employee)               500
2.22 	     (h) employment of minors under the age of 18
2.23 	         in occupations hazardous or
2.24 	         detrimental to their well-being as defined
2.25 	         by rule (each employee)                          1,000
2.26 	     (i) employment of minors under the age of 16
2.27 	         in occupations hazardous or
2.28 	         detrimental to their well-being as defined
2.29 	         by rule (each employee)                          1,000
2.30 	(j) minors under the age of 18 injured in
2.31 	         hazardous employment (each employee)             5,000
2.32 	     (k) minors employed without proof of age
2.33 	         (each employee)                                    250
2.34 	(l) minors employed in establishments where
2.35 	         smoking is permitted during hours
2.36 	         when smoking is permitted 1,000 
3.1 	An employer who refuses to make certificates or lists
3.2 	available as required by sections 181A.01 to 181A.12 shall be
3.3 	assessed a $500 fine.

3.4 	Sec. 3. EFFECT ON RULES.
 3.5 	The commissioner of labor and industry shall amend
3.6 	Minnesota Rules, part 5200.0910, to conform to section 1.  The
3.7 	commissioner may use the good cause exemption in Minnesota
3.8 	Statutes, section 14.388, in adopting the amendment required by
3.9 	this section.