May a local government adopt a local law that differs from the statewide smoking law?

Yes. A local government may adopt a local law restricting or prohibiting smoking that is more restrictive than the state law. In other words, the local law can place more restrictions on smoking or prohibit smoking in more places than is currently provided for in the state law. The local law may not reduce or take away restrictions and prohibitions provided for in the state law.

This local authority extends only to the following locations:

• Local government buildings,
• Unenclosed areas owned, leased, or occupied by the local government,
• In passenger-carrying vehicles owned, leased, or otherwise controlled by local government and assigned permanently or temporarily by local government to local government employees, agencies, institutions, or facilities for official local government business, and
• Enclosed areas to which the public is invited or in which the public is permitted (i.e., "public places").