2007 Minnesota Statutes

144.417 COMMISSIONER OF HEALTH, ENFORCEMENT, PENALTIES.
    Subdivision 1. Rules. The state commissioner of health shall adopt rules necessary and
reasonable to implement the provisions of sections 144.411 to 144.417.
    Subd. 2. Violations. (a) Any proprietor, person, or entity that owns, leases, manages,
operates, or otherwise controls the use of an area in which smoking is prohibited under sections
144.414 to 144.417, and that knowingly fails to comply with sections 144.414 to 144.417, is
guilty of a petty misdemeanor.
    (b) Any person who smokes in an area where smoking is prohibited or restricted under
sections 144.414 to 144.417 is guilty of a petty misdemeanor.
    (c) A proprietor, person, or entity 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.
    (d) 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.
    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 sections 144.414 to 144.417.
    Subd. 4. Local government ordinances. (a) Nothing in sections 144.414 to 144.417
prohibits a statutory or home rule charter city or county from enacting and enforcing more
stringent measures to protect individuals from secondhand smoke.
    (b) Except as provided in sections 144.411 to 144.417, smoking is permitted outside
of restaurants, bars, and bingo halls unless limited or prohibited by restrictions adopted in
accordance with paragraph (a).
History: 1975 c 211 s 7; 1977 c 305 s 45; 1985 c 248 s 70; 1986 c 444; 1987 c 309 s 24;
1992 c 576 s 4,5; 1995 c 165 s 3; 2002 c 375 art 3 s 7; 2007 c 82 s 11