Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

State Status

Any Preemption

Legislative Summary

HB0313 - (health department preemption) - Local health regulation - Signed by Governor

This bill preempts local health departments and local boards of health from enacting standards, regulations, or ordinances that are stronger than federal or state law, unless the department declares through a process that the existing federal or state rules are not adequate to protect public health. The Utah Clean Indoor Air Act already preempts local governments from enacting smokefree ordinances that are not identical to state law, and this law preempts other tobacco control and health issues from being addressed by local health departments.

  • Preemptive Action

    YES

  • Anti-Preemptive Clause

    No

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