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H.B. No. 0031 |
Smoking in enclosed public places. |
Sponsored By: Joint Labor, Health and Social Services Interim Committee
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.
12/9/2008 Bill Number Assigned
1/13/2009 H Received for Introduction
1/13/2009 H Introduced and Referred to H10
1/26/2009 H10 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Bonner, Esquibel, K., Goggles, Hallinan and Harvey
Nays: Representative(s) Davison, Landon, Millin and Shepperson
Ayes 5 Nays 4 Excused 0 Absent 0 Conflicts 0
1/26/2009 H Placed on General File
HB0031HS001.01/ADOPTED (CORRECTED COPY)
Page 3-line 23 Delete "individuals" insert "employees".
Page 4-line 19 through 21 Delete entirely and insert:
"(c) The proprietor or manager of an intrastate bus that is not chartered shall post a sign or otherwise provide conspicuous notice indicating, in a manner that can easily be read or understood, that smoking in all parts of the bus is prohibited.".
Page 6-lines 8 through 10 Delete entirely and insert "The department shall promulgate rules and regulations necessary to accomplish the purposes of this article.".
Page 6-line 22 Delete "this article" insert "W.S. 35-4-902(b) or (c)". LANDON, CHAIRMAN
HB0031HS001.02/FAILED (CORRECTED COPY)
Page 3-line 11 Delete.
Page 3-line 13 Delete "(J)" insert "(H)".
Page 3-line 16 Delete "(K)" insert "(J)".
Page 4-line 16 Delete "that" insert "whether or not"
Page 5-line 5 Delete "Until January 1, 2010,".
Page 5-line 6 After "establishments" delete balance of line and insert ";.
Page 5-lines 7 and 8 Delete. LANDON, CHAIRMAN
HB0031HW001/ADOPTED
Page 3-after line 23 Insert:
"(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;".
Page 4-line 1 Delete "(vi)" insert "(vii)".
Page 6-line 4 Delete "1996a." insert "1996a;".
Page 6-after line 5 Insert:
"(vi) Smoke houses.". ROSCOE
HB0031HW003/ADOPTED
Page 3-line 23 Delete the standing committee amendment (HB0031HS001/A) to this line; after "work" insert "but does not include a private office located within a residential structure which office is not open to the public, where the public is not invited and which is not intended for occupancy by employees during the course of their employment".
Page 5-line 10 After "is" insert "used as a place of work as defined by W.S. 35-4-901(a)(v) or is". LANDON
HB0031HW004/FAILED
Delete the Landon committee of the whole amendment (HB0031HW002/A). Further amend as follows:
Page 5-line 6 After "establishments" insert ", whether or not the establishment also serves food". HALLINAN
HB0031HW005/FAILED
Delete the Landon committee of the whole amendment (HB0031HW002/A) entirely.
Delete the Hallinan committee of the whole amendment (HB0031HW004/A) entirely.
Further amend as follows:
Page 2-line 16 Delete entirely.
Page 5-line 3 After "places" insert "or whether or not it serves as a place of work".
Page 5-After line 8 Insert:
"(ii) Restaurants;".
Renumber as necessary. HALLINAN
1/29/2009 H Passed CoW
HB0031H2001/ADOPTED
Page 2-lines 11 through 14 Delete entirely and insert:
"(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:".
Page 2-line 16 After "Restaurants" insert "which do not exclude individuals under the age of twenty-one (21)".
Page 3-line 11 After "establishments" insert "which do not exclude individuals under the age of twenty-one (21)". MADDEN, MCOMIE, MILLER
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Blake, Brechtel, Buchanan, Childers, Cohee, Diercks, Edmonds, Esquibel, K., Gilmore, Goggles, Hallinan, Illoway, Jaggi, Landon, Lockhart, Lubnau, Madden, McOmie, Mercer, Miller, Patton, Peasley, Philp, Quarberg, Roscoe, Semlek, Shepperson, Steward, Stubson, Teeters, Thompson and Wallis
Nays: Representative(s) Barbuto, Berger, Bonner, Brown, Byrd, Cannady, Carson, Connolly, Craft, Davison, Gingery, Hales, Hammons, Harshman, Harvey, Jorgensen, McKim, Meyer, Millin, Moniz, Pedersen, Petersen, Throne, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Simpson
Ayes 34 Nays 25 Excused 1 Absent 0 Conflicts 0
HB0031H2002/ADOPTED (CORRECTED COPY)
Page 1-line 5 After "authorizing" insert "additional"; after "regulation" insert "and authorizing local authorities to allow smoking as specified".
Page 6-before line 6 Insert:
"(e) 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.".
Page 7-line 14 After "places." insert "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.". LUBNAU, SHEPPERSON, STUBSON
ROLL CALL
Ayes: Representative(s) Anderson, R., Berger, Blake, Bonner, Brechtel, Buchanan, Cannady, Childers, Cohee, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Goggles, Hallinan, Hammons, Illoway, Jaggi, Landon, Lockhart, Lubnau, Madden, McOmie, Mercer, Meyer, Miller, Patton, Peasley, Philp, Quarberg, Roscoe, Semlek, Shepperson, Steward, Stubson, Teeters, Thompson, Wallis and Zwonitzer, Dn.
Nays: Representative(s) Bagby, Barbuto, Brown, Byrd, Carson, Connolly, Gingery, Hales, Harshman, Harvey, Jorgensen, McKim, Millin, Moniz, Pedersen, Petersen, Throne and Zwonitzer, Dv.
Excused: Representative(s) Simpson
Ayes 41 Nays 18 Excused 1 Absent 0 Conflicts 0
HB0031H2003/ADOPTED (CORRECTED COPY)
Page 2-line 20 Delete "and private office".
Page 3-line 23 Delete the standing committee amendment (HB0031HS001.01/AC) to this line and the Landon committee of the whole amendment (HB0031HW003/A) to this line. After "work" insert "but does not include a private office".
Page 3-after line 23 Insert "(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;".
Page 6-after line 4 Insert "(vii) Private offices."
Renumber as necessary. BUCHANAN
1/30/2009 H Passed 2nd Reading
2/2/2009 H Laid Back Pursuant to HR 9-3 C
HB0031H3001/ADOPTED
Page 1-line 2 Delete "requiring".
Page 1-line 3 Delete "posting of public notices".
Page 4-line 7 Delete "notice;".
Page 4-lines 12 through 17 Delete entirely.
Page 4-lines 19 through 21 Delete the standing committee amendment (HB0031HS001.01/AC) to these lines.
Page 6-line 22 In the standing committee amendment to this line (HB0031HS001.01/AC) delete "or (c)".
Renumber as necessary. ZWONITZER, DV.
HB0031H3002/FAILED
Delete the Lubnau et al. second reading amendment (HB0031H2002/AC) entirely. GINGERY, MILLIN
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Brown, Byrd, Cannady, Carson, Connolly, Davison, Gingery, Hales, Hammons, Harshman, Harvey, Jaggi, Jorgensen, McKim, Millin, Moniz, Pedersen, Petersen, Roscoe, Throne, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Berger, Blake, Bonner, Brechtel, Buchanan, Childers, Cohee, Craft, Diercks, Edmonds, Esquibel, K., Gilmore, Goggles, Hallinan, Illoway, Landon, Lockhart, Lubnau, Madden, McOmie, Mercer, Meyer, Miller, Patton, Peasley, Philp, Quarberg, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson and Wallis
Ayes 25 Nays 35 Excused 0 Absent 0 Conflicts 0
HB0031H3003/FAILED
Delete the Madden et al. second reading amendment (HB0031H2001/A) entirely. ZWONITZER, DN., CARSON, GINGERY
ROLL CALL
Ayes: Representative(s) Anderson, R., Barbuto, Blake, Bonner, Byrd, Cannady, Carson, Cohee, Connolly, Craft, Davison, Gingery, Hales, Hammons, Harvey, Jaggi, Jorgensen, McKim, Meyer, Millin, Moniz, Pedersen, Petersen, Thompson, Throne, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Bagby, Berger, Brechtel, Brown, Buchanan, Childers, Diercks, Edmonds, Esquibel, K., Gilmore, Goggles, Hallinan, Harshman, Illoway, Landon, Lockhart, Lubnau, Madden, McOmie, Mercer, Miller, Patton, Peasley, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters and Wallis
Ayes 27 Nays 33 Excused 0 Absent 0 Conflicts 0
HB0031H3004/FAILED
Page 2-line 20 Delete the Buchanan second reading amendment (HB0031H2003/AC) to this line.
Page 2-line 22 After "government" insert ", other than a private office meeting the definition in paragraph (vii) of this subsection".
Page 3-after line 23 In the Buchanan second reading amendment (HB0031H2003/AC) to this line after "means an office" insert "which employs five (5) or fewer individuals and". GINGERY, MILLIN, ZWONITZER, DN.
HB0031H3005/FAILED
Delete all previously adopted amendments.
Further amend as follows:
Page 4-lines 19 through 21 Delete entirely and insert:
"(c) The proprietor or manager of an intrastate bus that is not chartered shall post a sign or otherwise provide conspicuous notice indicating, in a manner that can easily be read or understood, that smoking in all parts of the bus is prohibited.".
Page 5-lines 10 through 23 Delete entirely.
Page 6-line 1 Delete "(v)" insert "(ii)".
Page 6-lines 8 through 10 Delete entirely and insert "The department shall promulgate rules and regulations necessary to accomplish the purposes of this article.".
Page 7-line 5 Delete "or subsequent".
Page 7-After line 5 Insert:
"(iii) A fine of one thousand dollars ($1,000.00), imprisonment in the county jail for not more than thirty (30) days, or both, for a third or subsequent violation.". COHEE
2/3/2009 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Blake, Bonner, Cannady, Carson, Craft, Davison, Esquibel, K., Gilmore, Hales, Hammons, Harvey, Illoway, Jaggi, Jorgensen, Lockhart, Lubnau, Madden, McKim, Meyer, Millin, Patton, Pedersen, Petersen, Roscoe, Steward, Stubson, Thompson, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Anderson, R., Berger, Brechtel, Brown, Buchanan, Byrd, Childers, Cohee, Connolly, Diercks, Edmonds, Gingery, Goggles, Hallinan, Harshman, Landon, McOmie, Mercer, Miller, Moniz, Peasley, Philp, Quarberg, Semlek, Shepperson, Simpson, Teeters, Throne and Wallis
Ayes 31 Nays 29 Excused 0 Absent 0 Conflicts 0
2/5/2009 S Received for Introduction; No Further Action Prior to CoW Cutoff