1.2relating to health; establishing public policy to protect employees and the general
1.3public from the hazards of secondhand smoke; requiring persons to refrain from
1.4smoking in certain areas;amending Minnesota Statutes 2006, sections 144.412;
1.5144.413, subdivisions 2, 4, by adding subdivisions; 144.414; 144.416; 144.417;
1.6proposing coding for new law in Minnesota Statutes, chapter 144; repealing
1.7Minnesota Statutes 2006, section 144.415.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9    Section 1. Minnesota Statutes 2006, section 144.412, is amended to read:
1.10144.412 PUBLIC POLICY.
1.11The purpose of sections 144.411 to 144.417 is to protect the public health, comfort
1.12and environment by prohibiting smoking in areas where children or ill or injured persons
1.13are present, and employees and the general public from the hazards of secondhand
1.14smoke by limiting eliminating smoking in public places, places of employment, public
1.15transportation, and at public meetings to designated smoking areas.

1.16    Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
1.17to read:
1.18    Subd. 1a. Indoor area. "Indoor area" means all space between a floor and a ceiling
1.19that is bounded on two or more sides by walls, whether temporary or permanent, or by
1.20doorways and windows, whether open or closed. A wall includes any retractable divider,
1.21garage door, or other physical barrier that substantially encloses a side.

1.22    Sec. 3. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
1.23to read:
2.1    Subd. 1b. Place of employment. "Place of employment" means any indoor area
2.2at which two or more individuals perform any type of a service for consideration of
2.3payment under any type of contractual relationship, including, but not limited to, an
2.4employment relationship with or for a private corporation, partnership, individual, or
2.5government agency. Place of employment includes any indoor area where two or more
2.6individuals gratuitously perform services for which individuals are ordinarily paid. A
2.7place of employment includes, but is not limited to, public conveyances, factories,
2.8warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores,
2.9banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums,
2.10restrooms, elevators, hallways, museums, libraries, bowling establishments, employee
2.11medical facilities, and rooms or areas containing photocopying equipment or other office
2.12equipment used in common. Vehicles used in whole or in part for work purposes are
2.13places of employment during hours of operation if more than one person is present. An
2.14area in which work is performed in a private residence is a place of employment during
2.15hours of operation if:
2.16(1) the homeowner uses the area exclusively and regularly as a principal place of
2.17business and has one or more on-site employees; or
2.18(2) the homeowner uses the area exclusively and regularly as a place to meet or deal
2.19with patients, clients, or customers in the normal course of the homeowner's trade or
2.20business.

2.21    Sec. 4. Minnesota Statutes 2006, section 144.413, subdivision 2, is amended to read:
2.22    Subd. 2. Public place. "Public place" means any enclosed, indoor area used by the
2.23general public or serving as a place of work, including, but not limited to, restaurants,;
2.24bars; any other food or liquor establishment; retail stores, offices and other commercial
2.25establishments, public conveyances,; educational facilities other than public schools,
2.26as defined in section 120A.05, subdivisions 9, 11, and 13,; hospitals,; nursing homes,;
2.27auditoriums,; arenas,; meeting rooms,; and common areas of rental apartment buildings,
2.28but excluding private, enclosed offices occupied exclusively by smokers even though
2.29such offices may be visited by nonsmokers.

2.30    Sec. 5. Minnesota Statutes 2006, section 144.413, subdivision 4, is amended to read:
2.31    Subd. 4. Smoking. "Smoking" means inhaling or exhaling smoke from any lighted
2.32cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes
2.33carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment tobacco
2.34or plant product intended for inhalation.

3.1    Sec. 6. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
3.2to read:
3.3    Subd. 5. Public transportation. "Public transportation" means public means of
3.4transportation, including light and commuter rail transit; buses; enclosed bus and transit
3.5stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated
3.6by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals.

3.7    Sec. 7. Minnesota Statutes 2006, section 144.414, is amended to read:
3.8144.414 PROHIBITIONS.
3.9    Subdivision 1. Public places, places of employment, public transportation, and
3.10public meetings. Smoking shall not be permitted in and no person shall smoke in a public
3.11place or, at a public meeting except in designated smoking areas. This prohibition does
3.12not apply in cases in which an entire room or hall is used for a private social function
3.13and seating arrangements are under the control of the sponsor of the function and not of
3.14the proprietor or person in charge of the place. Furthermore, this prohibition shall not
3.15apply to places of work not usually frequented by the general public, except that the state
3.16commissioner of health shall establish rules to restrict or prohibit smoking in factories,
3.17warehouses, and those places of work where the close proximity of workers or the
3.18inadequacy of ventilation causes smoke pollution detrimental to the health and comfort of
3.19nonsmoking employees, in a place of employment, or in public transportation, except as
3.20provided in this section or section 144.4167.
3.21    Subd. 2. Day care premises. Smoking is prohibited in a day care center licensed
3.22under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a
3.23group family day care provider home licensed under Minnesota Rules, parts 9502.0300
3.24to 9502.0445, during its hours of operation. The proprietor of a family home or group
3.25family day care provider must disclose to parents or guardians of children cared for on the
3.26premises if the proprietor permits smoking outside of its hours of operation. Disclosure
3.27must include posting on the premises a conspicuous written notice and orally informing
3.28parents or guardians.
3.29    Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area of
3.30a hospital, health care clinic, doctor's office, licensed residential facility for children, or
3.31other health care-related facility, other than except that a patient or resident in a nursing
3.32home, boarding care facility, or licensed residential facility, except as allowed in this
3.33subdivision for adults may smoke in a designated separate, enclosed room maintained in
3.34accordance with applicable state and federal laws.
4.1(b) Smoking by participants in peer reviewed scientific studies related to the health
4.2effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic feet
4.3per minute per person pursuant to a policy that is approved by the commissioner and is
4.4established by the administrator of the program to minimize exposure of nonsmokers to
4.5smoke. Notwithstanding section 246.0141, smoking by patients in a locked psychiatric
4.6unit may be allowed in a separated well-ventilated area in the unit under a policy
4.7established by the administrator of the program that allows the treating physician to
4.8approve smoking if, in the opinion of the treating physician, the benefits to be gained in
4.9obtaining patient cooperation with treatment outweigh the negative impacts of smoking.
4.10    Subd. 4. Public transportation vehicles. Smoking is prohibited in public
4.11transportation vehicles except that the driver of a public transportation vehicle may smoke
4.12when the vehicle is being used for personal use. For purposes of this subdivision, "personal
4.13use" means that the public transportation vehicle is being used by the driver for private
4.14purposes and no for-hire passengers are present. If a driver smokes under this subdivision,
4.15the driver must post a conspicuous sign inside the vehicle to inform passengers.

4.16    Sec. 8. Minnesota Statutes 2006, section 144.416, is amended to read:
4.17144.416 RESPONSIBILITIES OF PROPRIETORS.
4.18(a) The proprietor or other person in charge, firm, limited liability company,
4.19corporation, or other entity that owns, leases, manages, operates, or otherwise controls the
4.20use of a public place, public transportation, place of employment, or public meeting shall
4.21make reasonable efforts to prevent smoking in the public place, public transportation,
4.22place of employment, or public meeting by:
4.23(a) (1) posting appropriate signs;
4.24(b) arranging seating to provide a smoke-free area;
4.25(c) asking smokers to refrain from smoking upon request of a client or employee
4.26suffering discomfort from the smoke; or
4.27(d) or by any other means which may be appropriate; and
4.28 (2) asking any person who smokes in an area where smoking is prohibited to refrain
4.29from smoking and, if the person does not refrain from smoking after being asked to do so,
4.30asking the person to leave. If the person refuses to leave, the proprietor, person, or entity
4.31in charge shall handle the situation consistent with lawful methods for handling other
4.32persons acting in a disorderly manner or as a trespasser.
4.33(b) The proprietor or other person or entity in charge of a public place, public
4.34meeting, public transportation, or place of employment must not provide smoking
4.35equipment, including ashtrays or matches, in areas where smoking is prohibited. Nothing
5.1in this section prohibits the proprietor or other person or entity in charge from taking more
5.2stringent measures than those under sections 144.414 to 144.417 to protect individuals
5.3from secondhand smoke. The proprietor or other person or entity in charge of a restaurant
5.4or bar may not serve an individual who is in violation of sections 144.411 to 144.417.

5.5    Sec. 9. [144.4167] PERMITTED SMOKING.
5.6    Subdivision 1. Scientific study participants. Smoking by participants in peer
5.7reviewed scientific studies related to the health effects of smoking may be allowed in a
5.8separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a
5.9policy that is approved by the commissioner and is established by the administrator of the
5.10program to minimize exposure of nonsmokers to smoke.
5.11    Subd. 2. Traditional Native American ceremonies. Sections 144.414 to 144.417
5.12do not prohibit smoking by a Native American as part of a traditional Native American
5.13spiritual or cultural ceremony. For purposes of this section, a Native American is a person
5.14who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
5.15    Subd. 3. Private places. Except as provided in section 144.414, subdivision 2,
5.16nothing in sections 144.411 to 144.417 prohibits smoking in:
5.17(1) private homes, private residences, or private automobiles when they are not in
5.18use as a place of employment, as defined in section 144.413, subdivision 1b; or
5.19(2) a hotel or motel sleeping room rented to one or more guests.
5.20    Subd. 4. Tobacco products shop. Sections 144.414 to 144.417 do not prohibit the
5.21lighting of tobacco in a tobacco products shop by a customer or potential customer for
5.22the specific purpose of sampling tobacco products prior to purchase. For the purposes of
5.23this subdivision, a tobacco products shop is a retail business that earns at least 90 percent
5.24of its gross receipts from the sale of tobacco products and paraphernalia associated with
5.25tobacco use.
5.26    Subd. 5. Outdoor patio. (a) A bingo hall, restaurant, or bar may build an outdoor
5.27patio consistent with state and local building codes where smoking may be permitted
5.28under the following conditions:
5.29    (i) the patio must have ventilation to circulate air;
5.30    (ii) there can be no food and beverage service by employees; and
5.31    (iii) no employee may smoke on the patio while working.
5.32    The establishment may construct the patio to accommodate electricity and a heating
5.33system.
5.34    (b) A patio built under paragraph (a) must comply with a city or county ordinance
5.35regulating outdoor smoking adopted prior to the effective date of this section.

6.1    Sec. 10. Minnesota Statutes 2006, section 144.417, is amended to read:
6.2144.417 COMMISSIONER OF HEALTH, ENFORCEMENT, PENALTIES.
6.3    Subdivision 1. Rules. (a) The state commissioner of health shall adopt rules
6.4necessary and reasonable to implement the provisions of sections 144.411 to 144.417,
6.5except as provided for in section 144.414.
6.6(b) Rules implementing sections 144.411 to 144.417 adopted after January 1, 2002,
6.7may not take effect until approved by a law enacted after January 1, 2002. This paragraph
6.8does not apply to a rule or severable portion of a rule governing smoking in office
6.9buildings, factories, warehouses, or similar places of work, or in health care facilities. This
6.10paragraph does not apply to a rule changing the definition of "restaurant" to make it the
6.11same as the definition in section 157.15, subdivision 12.
6.12    Subd. 2. Penalties Violations. Any person who violates section 144.414 or
6.13144.4165 is guilty of a petty misdemeanor. (a) Any proprietor, person, or entity that owns,
6.14leases, manages, operates, or otherwise controls the use of an area in which smoking is
6.15prohibited under sections 144.414 to 144.417, and that knowingly fails to comply with
6.16sections 144.414 to 144.417, is guilty of a petty misdemeanor.
6.17(b) Any person who smokes in an area where smoking is prohibited or restricted
6.18under sections 144.414 to 144.417 is guilty of a petty misdemeanor.
6.19(c) A proprietor, person, or entity in charge of a public place, public meeting, place
6.20of employment, or public transportation must not retaliate or take adverse action against
6.21an employee or anyone else who, in good faith, reports a violation of sections 144.414 to
6.22144.417 to the proprietor or person in charge of the public place, public meeting, place of
6.23employment, or public transportation, or to the commissioner of health or other designee
6.24responsible for enforcing sections 144.414 to 144.417.
6.25(d) No person or employer shall discharge, refuse to hire, penalize, discriminate
6.26against, or in any manner retaliate against any employee, applicant for employment, or
6.27customer because the employee, applicant, or customer exercises any right to a smoke-free
6.28environment provided by sections 144.414 to 144.417 or other law.
6.29    Subd. 3. Injunction. The state commissioner of health, a board of health as defined
6.30in section 145A.02, subdivision 2, or any affected party may institute an action in any
6.31court with jurisdiction to enjoin repeated violations of section 144.416 or 144.4165
6.32sections 144.414 to 144.417.
6.33    Subd. 4. Local government ordinances. Nothing in sections 144.414 to 144.417
6.34prohibit a statutory or home rule charter city or county from enacting and enforcing more
6.35stringent measures to protect individuals from secondhand smoke.

7.1    Sec. 11. CHARITABLE GAMBLING IMPACT STUDY.
7.2    The Gambling Control Board, in cooperation with the commissioner of revenue,
7.3shall study the impact of a statewide smoking ban in public places on lawful gambling.
7.4The board shall provide a summary report with recommendations to the governor and the
7.5appropriate committees of the legislature prior to January 31, 2008.

7.6    Sec. 12. DISLOCATED WORKER PROGRAM; ALLOCATION OF FUNDS.
7.7    The jobs skills partnership board must allocate sufficient funds in the biennium
7.8ending June 30, 2009, in the dislocated worker program under Minnesota Statutes, section
7.9116L.17, to provide services under that program to employees of bars and restaurants who
7.10become unemployed due, in whole or in part, to the provisions of this act.

7.11    Sec. 13. REPEALER.
7.12Minnesota Statutes 2006, section 144.415, is repealed.