Smoke free-enclosed public places.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0301

HOUSE BILL
NO.
HB0087

Smoke free
-enclosed public
pl
aces
.

Sponsored by:
Representative(s) Millin, Craft, Davison, Gingery,
Harvey
, Jaggi,
Warren
, Zwonitzer, Dn. and Zwonitzer, Dv. and Senator(s) Fecht, Hastert and Massie

A BILL

for

AN ACT relating to public health and safety; prohibiting smoking in enclosed public places as specified; requiring posting of public notices; providing definitions; providing exceptions; granting rulemaking authority; providing penalties; authorizing local regulation; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
‑
4
‑
901 through 35
‑
4
‑
90
5
are created to read:

ARTICLE 9
SMOKING
RESTRICTIONS

35
‑
4
‑
901.

Definitions.

(a)

For purposes of this article:

(i)

"Alcoholic beverage establishment" means a facility holding a license or permit issued pursuant to
article 2 or 3 of chapter 4 of
title 12
;

(ii)

"Department" means the department of health;

(iii)

"Enclosed public place" means an indoor area, room or vehicle that the general public is allowed to enter or that serves
as
a place of work, including but not limited to:

(A)

Restaurants;

(B)

Stores;

(C)

Public and private office building
s
and offices, including all office buildings and offices of political subdivisions and state government;

(D)

Trains, buses and other forms of public transportation;

(E)

Health care facilities;

(F)

Auditoriums, arenas and assembly facilities;

(G)

Meeting rooms open to the public;

(H)

Alcoholic beverage establishments
;

(J)

Facilities of the
University
of
Wyoming
, community colleges and private colleges;

(K)

Public
and
private school facilities.

(iv)

"Establishment" means an enterprise under one
(1)
roof that serves the public and for which a single person, agency, corporation or legal entity is responsible;

(v)

"Place of work" means an enclosed room where one (1) or more individuals work;

(vi)

"Smoking" or "to smoke" includes the acts of lighting, smoking or carrying a lighted cigar, cigarette, pipe or any other product intended to provide smoke for inhalation.

35
‑
4
‑
902.

Smoking in enclosed public places prohibited; notice; exceptions.

(a)

Except as otherwise provided in this section, smoking in an enclosed public place is prohibited.

(b)

The proprietor or manager of an establishment containing enclosed public places shall post a sign in a conspicuous place at all public entrances to the establishment stating, in a manner tha
t
can be easily read and understood, that smoking in the enclosed public place is prohibited.

(c)

The proprietor or manager of an intrastate bus that is not chartered shall prohibit smoking in all parts of the bus.

(d)

The prohibition in subsection (a) of this section does not apply to the following places, whether or not the public is allowed access to those places:

(i)

Until
January

1
, 20
09
, alcoholic beverage establishments, provided that smoke from the establishment does not infiltrate into
other enclosed public places which are not alcoholic beverage establishments
;

(ii)

A private residence, unless it is used for
either
of the following purposes, in which case the prohibition in subsection (a) of this section applies:

(A)

A child caring facility, as defined in W.S. 14
‑
4
‑
101(a);

(B)

A health care facility, as defined in W.S. 35
‑
2
‑
901(a)
.

(iii)

A private motor vehicle;

(iv)

A hotel or motel room designated as a smoking room and rented to a guest. However, not more than thirty-five percent (35%) of the rooms available to rent to guests in any one
(1)
hotel or motel may be designated as smoking rooms;

(v)

A site that is being used in connection with the practice of cultural activities by American Indians that is in accordance with the federal American Indian Religious Freedom Act
,
42 U.S.C. 1996, 1996a
.

35
‑
4
‑
903.

Rules and regulations.

The department shall
enforce W.S. 35
‑
4
‑
901 through 35
‑
4
‑
903 and shall
promulgate rules and regulations necessary to carry out this article.

35
‑
4
‑
904.

Smoking in public
;
penalties.

(a)

A person who violates
W.S. 35
‑
4
‑
902(a)
is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) or more than one hundred dollars ($100.00).

(b)

A person who owns, manages, operates or otherwise controls a public place where smoking is prohibited by W.S. 35
‑
4
‑
902 and who fails to comply with the provisions of this article is guilty of a misdemeanor and shall be punished as follows:

(i)

A
fine of
one hundred
dollars ($
100
.00)
for the first violation;

(ii)

A
fine of
two hundred
dollars ($
20
0.00)
for a second
or subsequent
violation
.

35
‑
4
‑
90
5
.

Local regulation.

The provisions of this article shall not prohibit adoption of ordinances or regulations by
counties or
municipalities that are
more
strict than the provisions of this article as to places in which smoking is prohibited or as to the penalty or remedy imposed for violation of an ordinance or regulation prohibiting smoking in public places. Local authorities shall have the express authority to enforce local smoking prohibitions by action in their respective local municipal courts.

Section 2.

This act is effective July 1, 2008.

(END)

1
HB0087