1.2relating to health; establishing the Freedom to Breathe Act of 2007; establishing
1.3public policy to protect employees and the general public from the hazards of
1.4secondhand smoke; prohibiting smoking in certain areas; providing penalties;
1.5amending Minnesota Statutes 2006, sections 116L.17, subdivision 1; 144.412;
1.6144.413, subdivisions 2, 4, by adding subdivisions; 144.414; 144.416; 144.417;
1.7proposing coding for new law in Minnesota Statutes, chapter 144; repealing
1.8Minnesota Statutes 2006, section 144.415.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read:
1.11    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.12have the meanings given them in this subdivision.
1.13    (b) "Commissioner" means the commissioner of employment and economic
1.14development.
1.15    (c) "Dislocated worker" means an individual who is a resident of Minnesota at the
1.16time employment ceased or was working in the state at the time employment ceased and:
1.17    (1) has been permanently separated or has received a notice of permanent separation
1.18from public or private sector employment and is eligible for or has exhausted entitlement
1.19to unemployment benefits, and is unlikely to return to the previous industry or occupation;
1.20    (2) has been long-term unemployed and has limited opportunities for employment
1.21or reemployment in the same or a similar occupation in the area in which the individual
1.22resides, including older individuals who may have substantial barriers to employment by
1.23reason of age;
1.24    (3) has been self-employed, including farmers and ranchers, and is unemployed as a
1.25result of general economic conditions in the community in which the individual resides or
1.26because of natural disasters; or
2.1    (4) has been permanently separated from employment in a restaurant, bar, or
2.2lawful gambling organization from October 1, 2007, to October 1, 2009, due to the
2.3implementation of any state law prohibiting smoking; or
2.4    (5) is a displaced homemaker. A "displaced homemaker" is an individual who has
2.5spent a substantial number of years in the home providing homemaking service and (i) has
2.6been dependent upon the financial support of another; and now due to divorce, separation,
2.7death, or disability of that person, must find employment to self support; or (ii) derived
2.8the substantial share of support from public assistance on account of dependents in the
2.9home and no longer receives such support.
2.10    To be eligible under this clause, the support must have ceased while the worker
2.11resided in Minnesota.
2.12    (d) "Eligible organization" means a state or local government unit, nonprofit
2.13organization, community action agency, business organization or association, or labor
2.14organization.
2.15    (e) "Plant closing" means the announced or actual permanent shutdown of a single
2.16site of employment, or one or more facilities or operating units within a single site of
2.17employment.
2.18    (f) "Substantial layoff" means a permanent reduction in the workforce, which is
2.19not a result of a plant closing, and which results in an employment loss at a single site
2.20of employment during any 30-day period for at least 50 employees excluding those
2.21employees that work less than 20 hours per week.

2.22    Sec. 2. Minnesota Statutes 2006, section 144.412, is amended to read:
2.23144.412 PUBLIC POLICY.
2.24    The purpose of sections 144.411 to 144.417 is to protect the public health, comfort
2.25and environment by prohibiting smoking in areas where children or ill or injured persons
2.26are present, and employees and the general public from the hazards of secondhand
2.27smoke by limiting eliminating smoking in public places, places of employment, public
2.28transportation, and at public meetings to designated smoking areas.

2.29    Sec. 3. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
2.30to read:
2.31    Subd. 1a. Indoor area. "Indoor area" means all space between a floor and a ceiling
2.32that is bounded by walls, doorways, or windows, whether open or closed, covering
2.33more than 50 percent of the combined surface area of the vertical planes constituting
2.34the perimeter of the area. A wall includes any retractable divider, garage door, or other
3.1physical barrier, whether temporary or permanent. A 0.011 gauge window screen with an
3.218 by 16 mesh count is not a wall.

3.3    Sec. 4. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
3.4to read:
3.5    Subd. 1b. Place of employment. "Place of employment" means any indoor area
3.6at which two or more individuals perform any type of a service for consideration of
3.7payment under any type of contractual relationship, including, but not limited to, an
3.8employment relationship with or for a private corporation, partnership, individual, or
3.9government agency. Place of employment includes any indoor area where two or more
3.10individuals gratuitously perform services for which individuals are ordinarily paid. A
3.11place of employment includes, but is not limited to, public conveyances, factories,
3.12warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores,
3.13banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums,
3.14restrooms, elevators, hallways, museums, libraries, bowling establishments, employee
3.15medical facilities, and rooms or areas containing photocopying equipment or other office
3.16equipment used in common. Vehicles used in whole or in part for work purposes are
3.17places of employment during hours of operation if more than one person is present. An
3.18area in which work is performed in a private residence is a place of employment during
3.19hours of operation if:
3.20    (1) the homeowner uses the area exclusively and regularly as a principal place of
3.21business and has one or more on-site employees; or
3.22    (2) the homeowner uses the area exclusively and regularly as a place to meet or deal
3.23with patients, clients, or customers in the normal course of the homeowner's trade or
3.24business.

3.25    Sec. 5. Minnesota Statutes 2006, section 144.413, subdivision 2, is amended to read:
3.26    Subd. 2. Public place. "Public place" means any enclosed, indoor area used by the
3.27general public or serving as a place of work, including, but not limited to, restaurants,;
3.28bars; any other food or liquor establishment; retail stores, offices and other commercial
3.29establishments, public conveyances,; educational facilities other than public schools,
3.30as defined in section 120A.05, subdivisions 9, 11, and 13,; hospitals,; nursing homes,;
3.31auditoriums,; arenas,; meeting rooms,; and common areas of rental apartment buildings,
3.32but excluding private, enclosed offices occupied exclusively by smokers even though
3.33such offices may be visited by nonsmokers.

4.1    Sec. 6. Minnesota Statutes 2006, section 144.413, subdivision 4, is amended to read:
4.2    Subd. 4. Smoking. "Smoking" means inhaling or exhaling smoke from any lighted
4.3cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes
4.4carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment tobacco
4.5or plant product intended for inhalation.

4.6    Sec. 7. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
4.7to read:
4.8    Subd. 5. Public transportation. "Public transportation" means public means of
4.9transportation, including light and commuter rail transit; buses; enclosed bus and transit
4.10stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated
4.11by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals.

4.12    Sec. 8. Minnesota Statutes 2006, section 144.414, is amended to read:
4.13144.414 PROHIBITIONS.
4.14    Subdivision 1. Public places, places of employment, public transportation, and
4.15public meetings. Smoking shall not be permitted in and no person shall smoke in a public
4.16place or, at a public meeting except in designated smoking areas. This prohibition does
4.17not apply in cases in which an entire room or hall is used for a private social function
4.18and seating arrangements are under the control of the sponsor of the function and not of
4.19the proprietor or person in charge of the place. Furthermore, this prohibition shall not
4.20apply to places of work not usually frequented by the general public, except that the state
4.21commissioner of health shall establish rules to restrict or prohibit smoking in factories,
4.22warehouses, and those places of work where the close proximity of workers or the
4.23inadequacy of ventilation causes smoke pollution detrimental to the health and comfort of
4.24nonsmoking employees, in a place of employment, or in public transportation, except as
4.25provided in this section or section 144.4167.
4.26    Subd. 2. Day care premises. Smoking is prohibited in a day care center licensed
4.27under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a
4.28group family day care provider home licensed under Minnesota Rules, parts 9502.0300
4.29to 9502.0445, during its hours of operation. The proprietor of a family home or group
4.30family day care provider must disclose to parents or guardians of children cared for on the
4.31premises if the proprietor permits smoking outside of its hours of operation. Disclosure
4.32must include posting on the premises a conspicuous written notice and orally informing
4.33parents or guardians.
5.1    Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area of
5.2a hospital, health care clinic, doctor's office, licensed residential facility for children, or
5.3other health care-related facility, other than except that a patient or resident in a nursing
5.4home, boarding care facility, or licensed residential facility, except as allowed in this
5.5subdivision for adults may smoke in a designated separate, enclosed room maintained in
5.6accordance with applicable state and federal laws.
5.7    (b) Smoking by participants in peer reviewed scientific studies related to the health
5.8effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic
5.9feet per minute per person pursuant to a policy that is approved by the commissioner and
5.10is established by the administrator of the program to minimize exposure of nonsmokers
5.11to smoke. Except as provided in section 246.0141, smoking by patients in a locked
5.12psychiatric unit may be allowed in a separated well-ventilated area in the unit under a
5.13policy established by the administrator of the program that allows the treating physician to
5.14approve smoking if, in the opinion of the treating physician, the benefits to be gained in
5.15obtaining patient cooperation with treatment outweigh the negative impacts of smoking.
5.16    Subd. 4. Public transportation vehicles. Smoking is prohibited in public
5.17transportation vehicles except that the driver of a public transportation vehicle may smoke
5.18when the vehicle is being used for personal use. For purposes of this subdivision, "personal
5.19use" means that the public transportation vehicle is being used by the driver for private
5.20purposes and no for-hire passengers are present. If a driver smokes under this subdivision,
5.21the driver must post a conspicuous sign inside the vehicle to inform passengers.

5.22    Sec. 9. Minnesota Statutes 2006, section 144.416, is amended to read:
5.23144.416 RESPONSIBILITIES OF PROPRIETORS.
5.24    (a) The proprietor or other person in charge, firm, limited liability company,
5.25corporation, or other entity that owns, leases, manages, operates, or otherwise controls the
5.26use of a public place, public transportation, place of employment, or public meeting shall
5.27make reasonable efforts to prevent smoking in the public place, public transportation,
5.28place of employment, or public meeting by:
5.29    (a) (1) posting appropriate signs;
5.30    (b) arranging seating to provide a smoke-free area;
5.31    (c) asking smokers to refrain from smoking upon request of a client or employee
5.32suffering discomfort from the smoke; or
5.33    (d) or by any other means which may be appropriate; and
5.34     (2) asking any person who smokes in an area where smoking is prohibited to refrain
5.35from smoking and, if the person does not refrain from smoking after being asked to do so,
6.1asking the person to leave. If the person refuses to leave, the proprietor, person, or entity
6.2in charge shall handle the situation consistent with lawful methods for handling other
6.3persons acting in a disorderly manner or as a trespasser.
6.4    (b) The proprietor or other person or entity in charge of a public place, public
6.5meeting, public transportation, or place of employment must not provide smoking
6.6equipment, including ashtrays or matches, in areas where smoking is prohibited. Nothing
6.7in this section prohibits the proprietor or other person or entity in charge from taking more
6.8stringent measures than those under sections 144.414 to 144.417 to protect individuals
6.9from secondhand smoke. The proprietor or other person or entity in charge of a restaurant
6.10or bar may not serve an individual who is in violation of sections 144.411 to 144.417.

6.11    Sec. 10. [144.4167] PERMITTED SMOKING.
6.12    Subdivision 1. Scientific study participants. Smoking by participants in peer
6.13reviewed scientific studies related to the health effects of smoking may be allowed in a
6.14separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a
6.15policy that is approved by the commissioner and is established by the administrator of the
6.16program to minimize exposure of nonsmokers to smoke.
6.17    Subd. 2. Traditional Native American ceremonies. Sections 144.414 to 144.417
6.18do not prohibit smoking by a Native American as part of a traditional Native American
6.19spiritual or cultural ceremony. For purposes of this section, a Native American is a person
6.20who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
6.21    Subd. 3. Private places. Except as provided in section 144.414, subdivision 2,
6.22nothing in sections 144.411 to 144.417 prohibits smoking in:
6.23    (1) private homes, private residences, or private automobiles when they are not in
6.24use as a place of employment, as defined in section 144.413, subdivision 1b; or
6.25    (2) a hotel or motel sleeping room rented to one or more guests.
6.26    Subd. 4. Tobacco products shop. Sections 144.414 to 144.417 do not prohibit the
6.27lighting of tobacco in a tobacco products shop by a customer or potential customer for the
6.28specific purpose of sampling tobacco products. For the purposes of this subdivision, a
6.29tobacco products shop is a retail establishment with an entrance door opening directly
6.30to the outside that derives more than 90 percent of its gross revenue from the sale of
6.31loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices
6.32for burning tobacco and related smoking accessories and in which the sale of other
6.33products is merely incidental. "Tobacco products shop" does not include a tobacco
6.34department or section of any individual business establishment with any type of liquor,
6.35food, or restaurant license.
7.1    Subd. 5. Heavy commercial vehicles. Sections 144.414 to 144.417 do not prohibit
7.2smoking in the cabs of motor vehicles registered under section 168.013, subdivision 1e,
7.3with a total gross weight of 26,001 pounds or greater.
7.4    Subd. 6. Farm vehicles and construction equipment. Sections 144.414 to
7.5144.417 do not prohibit smoking in farm trucks, as defined in section 168.011, subdivision
7.617; implements of husbandry, as defined in section 168A.01, subdivision 8; and special
7.7mobile equipment, as defined in section 168.011, subdivision 22. This subdivision applies
7.8to farm trucks, implements of husbandry, and special mobile equipment, when being
7.9used for their intended purposes.
7.10    Subd. 7. Family farms. Sections 144.414 to 144.417 do not prohibit smoking in
7.11the house, garage, barns, and other buildings on a family farm that meets the following
7.12criteria: (1) the family farm is engaged in farming, as defined in section 500.24,
7.13subdivision 2, paragraph (a); (2) the family farm meets the definition of family farm
7.14under section 500.24, subdivision 2, paragraph (b), (c), (j), or (l); and (3) the family farm
7.15employs two or fewer persons who are not family members.
7.16    Subd. 8. Disabled veterans rest camp. Sections 144.414 to 144.417 do not prohibit
7.17smoking in the disabled veterans rest camp located in Washington County, established as
7.18of January 1, 2007.
7.19    Subd. 9. Theatrical productions. Sections 144.414 to 144.417 do not prohibit
7.20smoking by actors and actresses as part of a theatrical performance conducted in
7.21compliance with section 366.01. Notice of smoking in a performance shall be given to
7.22theater patrons in advance and shall be included in performance programs.

7.23    Sec. 11. Minnesota Statutes 2006, section 144.417, is amended to read:
7.24144.417 COMMISSIONER OF HEALTH, ENFORCEMENT, PENALTIES.
7.25    Subdivision 1. Rules. (a) The state commissioner of health shall adopt rules
7.26necessary and reasonable to implement the provisions of sections 144.411 to 144.417,
7.27except as provided for in section 144.414.
7.28    (b) Rules implementing sections 144.411 to 144.417 adopted after January 1, 2002,
7.29may not take effect until approved by a law enacted after January 1, 2002. This paragraph
7.30does not apply to a rule or severable portion of a rule governing smoking in office
7.31buildings, factories, warehouses, or similar places of work, or in health care facilities. This
7.32paragraph does not apply to a rule changing the definition of "restaurant" to make it the
7.33same as the definition in section 157.15, subdivision 12.
7.34    Subd. 2. Penalties Violations. Any person who violates section 144.414 or
7.35144.4165 is guilty of a petty misdemeanor. (a) Any proprietor, person, or entity that owns,
8.1leases, manages, operates, or otherwise controls the use of an area in which smoking is
8.2prohibited under sections 144.414 to 144.417, and that knowingly fails to comply with
8.3sections 144.414 to 144.417, is guilty of a petty misdemeanor.
8.4    (b) Any person who smokes in an area where smoking is prohibited or restricted
8.5under sections 144.414 to 144.417 is guilty of a petty misdemeanor.
8.6    (c) A proprietor, person, or entity in charge of a public place, public meeting, place
8.7of employment, or public transportation must not retaliate or take adverse action against
8.8an employee or anyone else who, in good faith, reports a violation of sections 144.414 to
8.9144.417 to the proprietor or person in charge of the public place, public meeting, place of
8.10employment, or public transportation, or to the commissioner of health or other designee
8.11responsible for enforcing sections 144.414 to 144.417.
8.12    (d) No person or employer shall discharge, refuse to hire, penalize, discriminate
8.13against, or in any manner retaliate against any employee, applicant for employment, or
8.14customer because the employee, applicant, or customer exercises any right to a smoke-free
8.15environment provided by sections 144.414 to 144.417 or other law.
8.16    Subd. 3. Injunction. The state commissioner of health, a board of health as defined
8.17in section 145A.02, subdivision 2, or any affected party may institute an action in any
8.18court with jurisdiction to enjoin repeated violations of section 144.416 or 144.4165
8.19sections 144.414 to 144.417.
8.20    Subd. 4. Local government ordinances. (a) Nothing in sections 144.414 to
8.21144.417 prohibits a statutory or home rule charter city or county from enacting and
8.22enforcing more stringent measures to protect individuals from secondhand smoke.
8.23    (b) Except as provided in sections 144.411 to 144.417, smoking is permitted outside
8.24of restaurants, bars, and bingo halls unless limited or prohibited by restrictions adopted in
8.25accordance with paragraph (a).

8.26    Sec. 12. CHARITABLE GAMBLING IMPACT STUDY.
8.27    The Gambling Control Board, in cooperation with the commissioner of revenue,
8.28shall study the impact of a statewide smoking ban in public places on lawful gambling.
8.29The board shall provide a summary report with recommendations to the governor and the
8.30appropriate committees of the legislature prior to March 31, 2008.

8.31    Sec. 13. DISLOCATED WORKER PROGRAM; ALLOCATION OF FUNDS.
8.32    The Job Skills Partnership Board must enable the dislocated worker program under
8.33Minnesota Statutes, section 116L.17, to provide services under that program to employees
9.1of bars, restaurants, and lawful gambling organizations who become unemployed from
9.2October 1, 2007, to October 1, 2009, due to the provisions of this act.

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

9.5    Sec. 15. REPEALER.
9.6Minnesota Statutes 2006, section 144.415, is repealed.

9.7    Sec. 16. EFFECTIVE DATE.
9.8    Sections 1 to 15 are effective October 1, 2007.