1.1 	A bill for an act
1.2 	relating to health; modifying the Clean Indoor Air Act to apply only to buildings 
1.3 	owned or operated by the state;amending Minnesota Statutes 2014, sections 
1.4 	144.414, subdivisions 1, 5; 144.416; 144.417, subdivisions 2, 4; repealing 
1.5 	Minnesota Statutes 2014, sections 144.412; 144.413, subdivisions 1a, 1b, 2, 3, 5; 
1.6 	144.414, subdivisions 2, 3, 4; 144.4167; 144.417, subdivision 3.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2014, section 144.414, subdivision 1, is amended to read:
1.9 		Subdivision 1.Public places~~, places of employment, public transportation,~~ and 
1.10 	public meetings. (a) Smoking shall not be permitted in and no person shall smoke in ~~a~~ 
1.11 	~~public place, at a public meeting, in a place of employment, or in public transportation,~~ 
1.12 	~~except as provided in this section or section 144.4167~~ any building owned or operated by 
1.13 	the state.
1.14 	(b) Nothing in this subdivision shall prohibit political subdivisions or businesses 
1.15 	from adopting more stringent prohibitions on smoking.

1.16 	Sec. 2. Minnesota Statutes 2014, section 144.414, subdivision 5, is amended to read:
1.17 		Subd. 5.Electronic cigarettes. (a) The use of electronic cigarettes, including the 
1.18 	inhaling or exhaling of vapor from any electronic delivery device, as defined in section 
1.19 	609.685, subdivision 1, is prohibited in ~~the following locations:~~
1.20 	(1) any building owned or operated by the state~~, home rule charter or statutory city,~~ 
1.21 	~~county, township, school district, or other political subdivision;~~.
1.22 	~~(2) any facility owned by Minnesota State Colleges and Universities and the~~ 
1.23 	~~University of Minnesota;~~
1.24 	~~(3) any facility licensed by the commissioner of human services; or~~
2.1 	~~(4) any facility licensed by the commissioner of health, but only if the facility is also~~ 
2.2 	~~subject to federal licensing requirements.~~
2.3 	(b) Nothing in this subdivision shall prohibit political subdivisions or businesses 
2.4 	from adopting more stringent prohibitions on the use of electronic cigarettes or electronic 
2.5 	delivery devices.

2.6 	Sec. 3. Minnesota Statutes 2014, section 144.416, is amended to read:
2.7 	144.416 RESPONSIBILITIES OF PROPRIETORS.
2.8 	~~(a)~~ The ~~proprietor or other person, firm, limited liability company, corporation, or~~ 
2.9 	~~other entity that owns, leases, manages, operates, or otherwise controls the use of a public~~ 
2.10 	~~place, public transportation, place of employment, or public meeting~~ state shall make 
2.11 	reasonable efforts to prevent smoking in ~~the public place, public transportation, place of~~ 
2.12 	~~employment, or public meeting~~ a state-owned or operated building by:
2.13 	(1) posting appropriate signs or by any other means which may be appropriate; and
2.14 	(2) asking any person who smokes in an area where smoking is prohibited to refrain 
2.15 	from smoking and, if the person does not refrain from smoking after being asked to do so, 
2.16 	asking the person to leave. If the person refuses to leave, ~~the proprietor, person, or entity~~ 
2.17 	~~in charge shall handle~~ the situation shall be handled in a way that is consistent with lawful 
2.18 	methods for handling other persons acting in a disorderly manner or as a trespasser.
2.19 	~~(b) The proprietor or other person or entity in charge of a public place, public~~ 
2.20 	~~meeting, public transportation, or place of employment must not provide~~ Smoking 
2.21 	equipment, including ashtrays or matches, shall not be provided in areas where smoking 
2.22 	is prohibited. ~~Nothing in this section prohibits the proprietor or other person or entity in~~ 
2.23 	~~charge from taking more stringent measures than those under sections 144.414 to 144.417~~
2.24 	~~to protect individuals from secondhand smoke. The proprietor or other person or entity in~~ 
2.25 	~~charge of a restaurant or bar may not serve an individual who is in violation of sections~~ 
2.26 	~~144.411 to 144.417.~~

2.27 	Sec. 4. Minnesota Statutes 2014, section 144.417, subdivision 2, is amended to read:
2.28 		Subd. 2.Violations. ~~(a) Any proprietor, person, or entity that owns, leases,~~ 
2.29 	~~manages, operates, or otherwise controls the use of an area in which smoking is prohibited~~ 
2.30 	~~under sections 144.414 to 144.417, and that knowingly fails to comply with sections~~ 
2.31 	~~144.414 to 144.417, is guilty of a petty misdemeanor.~~
2.32 	~~(b)~~ Any person who smokes in an area where smoking is prohibited or restricted 
2.33 	under sections 144.414 to 144.417 is guilty of a petty misdemeanor.
3.1 	~~(c) A proprietor, person, or entity in charge of a public place, public meeting, place~~ 
3.2 	~~of employment, or public transportation must not retaliate or take adverse action against~~ 
3.3 	~~an employee or anyone else who, in good faith, reports a violation of sections 144.414 to~~ 
3.4 	~~144.417 to the proprietor or person in charge of the public place, public meeting, place of~~ 
3.5 	~~employment, or public transportation, or to the commissioner of health or other designee~~ 
3.6 	~~responsible for enforcing sections 144.414 to 144.417.~~
3.7 	~~(d) No person or employer shall discharge, refuse to hire, penalize, discriminate~~ 
3.8 	~~against, or in any manner retaliate against any employee, applicant for employment, or~~ 
3.9 	~~customer because the employee, applicant, or customer exercises any right to a smoke-free~~ 
3.10 	~~environment provided by sections 144.414 to 144.417 or other law.~~

3.11 	Sec. 5. Minnesota Statutes 2014, section 144.417, subdivision 4, is amended to read:
3.12 		Subd. 4.Local government ordinances. ~~(a)~~ Nothing in sections 144.414 to 
3.13 	144.417 prohibits a statutory or home rule charter city or county from enacting and 
3.14 	enforcing more stringent measures to protect individuals from secondhand smoke.
3.15 	~~(b) Except as provided in sections 144.411 to 144.417, smoking is permitted outside~~ 
3.16 	~~of restaurants, bars, and bingo halls unless limited or prohibited by restrictions adopted in~~ 
3.17 	~~accordance with paragraph (a).~~

3.18 	Sec. 6. REVISOR'S INSTRUCTION.
 3.19 	The revisor of statutes shall remove cross-references to statutory sections repealed in 
3.20 	section 7 and make necessary changes to correct punctuation, grammar, or structure of 
3.21 	the remaining text.

3.22 	Sec. 7.  REPEALER.
 3.23 	Minnesota Statutes 2014, sections 144.412; 144.413, subdivisions 1a, 1b, 2, 3, and 
3.24 	5; 144.414, subdivisions 2, 3, and 4; 144.4167; and 144.417, subdivision 3, are repealed.

3.25 	Sec. 8. EFFECTIVE DATE.
 3.26 	Sections 1 to 7 are effective the day following final enactment.