Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

Legislative Summary

SB0278—(partial local control)—An Act relative to local regulation of products containing nicotine—Re-refer to Senate Calendar Committee

This bill partially repeals the state's preemption language to permit municipalities to regulate the tobacco use in some public places, places of employment, and parks. However, the net effect is minor because municipalities still cannot prohibit smoking in any place exempted from the state's partial smokefree air law in Section 39-17-1804, including age-restricted venues (bars); hotel/motel rooms; non-enclosed areas of public places such as patios; nursing homes; Private businesses with three (3) or fewer employees; private clubs; and retail tobacco stores.

  • Preemptive Action


  • Anti-Preemptive Clause