County smoking regulation.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0660

HOUSE BILL
NO.
HB0311

County smoking regulation.

Sponsored by:
Representative(s) Hallinan

A BILL

for

AN ACT relating to
counties; providing for regulation of smoking in public places;
authorizing
local authority
regulation
as specified;
and providing for an effective date.

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

Section 1.

W.S. 18
‑
2
‑
101(a)(vi), (viii) and by creating a new paragraph (ix) is amended to read:

18
‑
2
‑
101.

General powers.

(a)

Each organized county in the state is a body corporate and politic. The powers of the county shall be exercised by a board of county commissioners which may:

(vi)

Establish a surface water drainage system, utilities and drainage management;
and

(viii)

Declare and abate nuisances which the commission determines to be a threat to health or safety as provided in W.S. 18
‑
2
‑
115.

No person shall create, continue or permit nuisances to exist in violation of a final order issued pursuant to W.S. 18
‑
2
‑
115. Any resolution passed by a board of county commissioners pursuant to this paragraph is enforceable, in addition to other remedies provided by law, by injunction, mandamus or abatement.

Whoever fails to comply with a final order shall be assessed a civil penalty of up to one hundred dollars ($100.00) per day for each day the violation continues.

No resolution issued pursuant to this paragraph shall regulate any permitted industrial facility or oil and gas or mining operations necessary to the extraction, production or exploration of the mineral resources.

Nothing in this paragraph shall be construed to impair or modify any rights afforded to farm or ranch operations pursuant to the Wyoming Right to Farm and Ranch Act
;
.

and

(ix)

Through resolution prohibit or limit smoking in public places in the county. Any regulation by a municipality within the county shall apply within that municipality if it is at least as restrictive as the county restrictions or if the county commissioners do not regulate smoking in the county.

Section 2.

This act is effective July 1, 2009.

(END)

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HB0311