Subdivision 1.

Public placesnew text begin , places of employment, public transportation,
and public meetingsnew text end .

new text begin Smoking shall not be permitted in and new text end no person shall smoke in
a public place deleted text begin ordeleted text end new text begin ,new text end at a public meeting deleted text begin except in designated smoking areasdeleted text end new text begin , in a place of
employment, or in public transportation, except as provided in this section or section
144.4167new text end . deleted text begin This prohibition does not apply in cases in which an entire room or hall is used
for a private social function and seating arrangements are under the control of the sponsor
of the function and not of the proprietor or person in charge of the place. Furthermore, this
prohibition shall not apply to places of work not usually frequented by the general public,
except that the state commissioner of health shall establish rules to restrict or prohibit
smoking in factories, warehouses, and those places of work where the close proximity of
workers or the inadequacy of ventilation causes smoke pollution detrimental to the health
and comfort of nonsmoking employees.
deleted text end

Subd. 2.

Day care premises.

Smoking is prohibited in a day care center licensed
under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a
group family day care provider home licensed under Minnesota Rules, parts 9502.0300
to 9502.0445, during its hours of operation. new text begin The proprietor of a family home or group
family day care provider must disclose to parents or guardians of children cared for on the
premises if the proprietor permits smoking outside of its hours of operation. Disclosure
must include posting on the premises a conspicuous written notice and orally informing
parents or guardians.
new text end

Subd. 3.

Health care facilities and clinics.

deleted text begin (a) deleted text end Smoking is prohibited in any area
of a hospital, health care clinic, doctor's office, new text begin licensed residential facility for children,new text end
or other health care-related facility, deleted text begin other than deleted text end new text begin except that a patient or resident in new text end a
nursing home, boarding care facility, or licensed residential facilitydeleted text begin , except as allowed
in this subdivision.
deleted text end

deleted text begin (b) Smoking by participants in peer reviewed scientific studies related to the health
effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic feet
per minute per person pursuant to a policy that is approved by the commissioner and is
established by the administrator of the program to minimize exposure of nonsmokers to
deleted text end new text begin for adults may new text end smoke new text begin in a designated separate, enclosed room if the room has a separate
ventilation system from the rest of the facilitynew text end .

new text begin Subd. 4. new text end

new text begin Public transportation vehicles. new text end

new text begin Smoking is prohibited in public
transportation vehicles except that the driver of a public transportation vehicle may
smoke when the vehicle is being used for personal use. For purposes of this subdivision,
"personal use" means that the public transportation vehicle is being used by the driver for
private purposes and no for-hire passengers are present. If a driver smokes as permitted
under this subdivision, the driver must post a conspicuous sign inside the vehicle to
inform passengers.
new text end

new text begin Subd. 5. new text end

new text begin Outdoor seating. new text end

new text begin Smoking is prohibited in the outdoor seating area of a
restaurant or bar, except that the proprietor may designate for smoking up to 50 percent of
the outdoor seating capacity of the restaurant or bar provided the location is appropriately
signed as a smoking area.
new text end

Subdivision 1.

Rules.

deleted text begin (a) deleted text end The state commissioner of health shall adopt rules
necessary and reasonable to implement the provisions of sections 144.411 to 144.417deleted text begin ,
except as provided for in section 144.414.
deleted text end

deleted text begin (b) Rules implementing sections 144.411 to 144.417 adopted after January 1, 2002,
may not take effect until approved by a law enacted after January 1, 2002. This paragraph
does not apply to a rule or severable portion of a rule governing smoking in office
buildings, factories, warehouses, or similar places of work, or in health care facilities. This
paragraph does not apply to a rule changing the definition of "restaurant" to make it the
same as the definition in section 157.15, subdivision 12deleted text end .

Subd. 2.

deleted text begin Penalties deleted text end new text begin Violationsnew text end .

new text begin (a) It is unlawful for any person, firm, limited
liability company, corporation, or other entity that owns, manages, operates, or otherwise
controls the use of an area in which smoking is prohibited under sections 144.414 to
144.417 to fail to comply with sections 144.414 to 144.417. For violations of this
subdivision, it is an affirmative defense that during the relevant time period, actual control
of the area was not exercised by the respondent, but rather by a lessee, a sublessee, or any
other person. To establish an affirmative defense, the respondent shall submit an affidavit
and may submit any other relevant proof indicating that the respondent did not exercise
actual control of the area during the relevant time period. The affidavit and other proof
shall be mailed by certified mail to the appropriate enforcement officer within 30 days of
receipt of a notice of violation.
new text end

new text begin (b) It is unlawful for an employer whose place of employment is subject to sections
144.414 to 144.417 to fail to comply with sections 144.414 to 144.417. For violations of
sections 144.414 to 144.417, it is an affirmative defense that the employer has made good
faith efforts to ensure that employees comply with sections 144.414 to 144.417.
new text end

new text begin (c) It is unlawful for any person to smoke in an area where smoking is prohibited or
restricted under sections 144.414 to 144.417.
new text end

new text begin (d) new text end Any person who violates deleted text begin section 144.414 or 144.4165 deleted text end new text begin paragraph (c) new text end is guilty
of a petty misdemeanor.

new text begin (e) A proprietor or person in charge of a public place, public meeting, place of
employment, or public transportation must not retaliate or take adverse action against an
employee or anyone else who, in good faith, reports a violation of sections 144.414 to
144.417 to the proprietor or person in charge of the public place, public meeting, place of
employment, or public transportation or to the commissioner of health or other designee
responsible for enforcing sections 144.414 to 144.417.
new text end

new text begin (f) No person or employer shall discharge, refuse to hire, penalize, discriminate
against, or in any manner retaliate against any employee, applicant for employment, or
customer because the employee, applicant, or customer exercises any right to a smoke-free
environment provided by sections 144.414 to 144.417 or other law.
new text end

Subd. 3.

Injunction.

The state commissioner of health, a board of health as defined
in section 145A.02, subdivision 2, or any affected party may institute an action in any
court with jurisdiction to enjoin repeated violations of deleted text begin section 144.416 or 144.4165
deleted text end new text begin sections 144.414 to 144.417new text end .