1.1 	A bill for an act
1.2 	relating to health; modifying the Clean Indoor Air
1.3 	Act; preempting local regulation of smoking in public
1.4 	places; requiring certain establishments that permit
1.5 	smoking to register; appropriating money; providing
1.6 	criminal penalties; amending Minnesota Statutes 2004,
1.7 	sections 144.412; 144.413, by adding a subdivision;
1.8 	144.415; proposing coding for new law in Minnesota
1.9 	Statutes, chapter 144.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 144.412, is
1.12 	amended to read:
1.13 	144.412 PUBLIC POLICY.
1.14 	(a) The purpose of sections 144.411 to 144.417 is to
1.15 	protect the public health, comfort and environment by
1.16 	prohibiting smoking in areas where children or ill or injured
1.17 	persons are present, and by limiting smoking in public places
1.18 	and at public meetings to designated smoking areas.
1.19 	(b) Sections 144.411 to 144.417 are designed to
1.20 	comprehensively regulate smoking in public places and business
1.21 	establishments throughout Minnesota.  The circumstances under
1.22 	which smoking is prohibited or allowed in public places and
1.23 	business establishments are a public health matter of statewide
1.24 	concern and warrant uniform state regulation.
1.25 	(c) Sections 144.411 to 144.417 take precedence over any
1.26 	ordinance, other than a fire safety ordinance, of a county,
1.27 	statutory or home rule charter city, or township.  An ordinance
2.1 	regulating smoking is unenforceable to the extent it is in
2.2 	conflict with sections 144.411 to 144.417.

2.3 	Sec. 2. Minnesota Statutes 2004, section 144.413, is
2.4 	amended by adding a subdivision to read:
2.5 		Subd. 1a.Hospitality establishment. "Hospitality
2.6 	establishment" means a bar, as defined in Minnesota Rules, part
2.7 	4620.0100, subpart 4; a restaurant, as defined in section
2.8 	157.15, subdivision 12; a bowling alley; a billiard hall; a
2.9 	bingo hall; a coffee shop; a private club not open to the
2.10 	general public; or a cigarette, tobacco, or cigar shop.

2.11 	Sec. 3. Minnesota Statutes 2004, section 144.415, is
2.12 	amended to read:
2.13 	144.415 DESIGNATION OF SMOKING AREAS.
2.14 	(a) The proprietor or other person in charge of a
2.15 	hospitality establishment may permit or prohibit smoking.  A
2.16 	hospitality establishment that permits smoking must comply with
2.17 	the applicable requirements of sections 144.411 to 144.417.
2.18 	(b) Smoking areas may be designated by proprietors or other
2.19 	persons in charge of public places, except in places in which
2.20 	smoking is prohibited by the fire marshal or by other law,
2.21 	ordinance or rule.
2.22 	(c) Where smoking areas are designated, existing physical
2.23 	barriers and ventilation systems shall be used to minimize the
2.24 	toxic effect of smoke in adjacent nonsmoking areas.  In the case
2.25 	of public places consisting of a single room, the provisions of
2.26 	this law shall be considered met if one side of the room is
2.27 	reserved and posted as a no smoking area.  No public place other
2.28 	than a bar shall be designated as a smoking area in its
2.29 	entirety.  If a bar is designated as a smoking area in its
2.30 	entirety, this designation shall be posted conspicuously on all
2.31 	entrances normally used by the public.

2.32 	Sec. 4. [144.4155] REGISTRATION OF SMOKING-PERMITTED
2.33 	HOSPITALITY ESTABLISHMENTS.
2.34 	(a) The proprietor or other person in charge of a
2.35 	hospitality establishment that chooses to permit smoking in the
2.36 	establishment must register annually with the commissioner and
3.1 	pay an annual registration fee as follows:
3.2 	(1) $500 for a hospitality establishment licensed for the
3.3 	sale and on-site consumption of alcoholic beverages; and 
3.4 	(2) $250 for other hospitality establishments.
3.5 	(b) The commissioner shall provide to each registered
3.6 	hospitality establishment a sign or signs that comply with the
3.7 	commissioner's requirements for posting areas where smoking is
3.8 	permitted.
3.9 	(c) Money generated under paragraph (a), less the
3.10 	administrative costs of the registration process, shall be
3.11 	deposited in the state government special revenue fund and is
3.12 	appropriated annually to the commissioner for tobacco use
3.13 	prevention efforts.
3.14 	(d) The proprietor or other person in charge of a
3.15 	hospitality establishment that permits smoking and fails to
3.16 	comply with this section is guilty of a misdemeanor.