Smoking in enclosed public places.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0265.E1

HOUSE BILL
NO.
HB0031

Smoking in enclosed public places.

Sponsored by:
Joint Labor, Health and Social Services Interim Committee

A BILL

for

AN ACT relating to public health and safety; prohibiting smoking in enclosed public places as specified; providing definitions; providing exceptions; granting rulemaking authority; providing penalties; authorizing
additional
local regulation
and authorizing local authorities to allow smoking as specified
; 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
‑
905 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 a place of work or an indoor area, room or vehicle which members of the public are allowed to enter, but does not include alcoholic beverage establishments or restaurants which exclude individuals under the age of twenty-one (21). "Enclosed public place" includes, but is not limited to:

(A)

Restaurants
which do not exclude individuals under the age of twenty-one (21)
;

(B)

Stores;

(C)

Public buildings 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
which do not exclude individuals under the age of twenty-one (21)
;

(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
but does not include a private office
;

(vi)

"Smoke house" means a retail business that derives greater than seventy-five percent (75%) of its gross income from the sale of tobacco products;

(vii)

"Private office" means an office to which customers or clients are invited but which the general public is not invited in the regular course of business;

(vi
ii
)

"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; exceptions.

(a)

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

(
b
)

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

(
c
)

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
10
, 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 as a place of work as defined by W.S. 35
‑
4
‑
901(a)(v) or 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;

(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
;

(vi)

Smoke houses;

(vii)

Private offices.

(
d
)

The prohibitions of this section shall not apply as provided in any city or town adopting an ordinance specifically authorizing smoking in all or specified types of public or private places within the jurisdiction of the municipality. The prohibitions of this section shall not apply as provided in any county adopting a resolution specifically authorizing smoking in all or specified types of public or private places within the county and outside of any municipal boundaries within the county.

35
‑
4
‑
903.

Rules and regulations.

The department shall promulgate rules and regulations necessary to accomplish the purposes of this article
.

35
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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)
n
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
W.S. 35
‑
4
‑
902(b)
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 ($200.00) for a second or subsequent violation.

35
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4
‑
905.

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.
Counties and municipalities are also authorized to adopt resolutions and ordinances, as applicable, to allow smoking in all or specified types of public or private places, notwithstanding any other provision of this article. Any such county resolution shall be applicable within the county and outside of any municipal boundaries within the county.
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, 2009.

(END)

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HB0031