State Status
No Preemption
Legislative Summary
HB8392-An Act Relating To Workplace Safety (SIGNED BY GOVERNOR)
This bill prohibits smoking in most public places, including restaurants and some bars.
Preemptive Action
Yes
Anti-Preemptive Clause
No
EXEMPTIONS: Smoking is allowed in private residences that are not licensed as child/adult/health care facilities, 50% of hotel/motel rooms, retail tobacco stores, private/semi-private rooms in assisted living and nursing facilities, outdoor places of employment, bars with over 50% of revenue from tobacco products, pari-mutual facilities (off-track betting), nonprofit charitable corporations with a Class D liquor license and less than 10 employees, and facilities with a Class C liquor license and less than 10 employees. Pari-mutual facilities must have separate ventilation systems. The exemption for facilities with a Class C or D liquor licenses and the preemption clause sunset on October 1, 2006. The amendment permanently exempts pari-mutual facilities.