Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

State Status

No Preemption

Legislative Summary

SB63—(workplaces, restaurants, and bars; local opt-out)—An Act prohibiting smoking in certain places—Signed by Governor on 7/17

This bill prohibits smoking and the use of e-cigarettes in enclosed places of employment and public places including restaurants, bars, hotels/motels, and health care facilities. Smoking is not allowed in a number of outdoor locations including school grounds, in children’s playgrounds, within 10 feet of entrances to a bar or restaurant, and within 20 feet of entrances of other places required to be smokefree. The Rules Committee substitute bill allows local communities to opt out of the law.

  • Preemptive Action

    No

  • Anti-Preemptive Clause

    Yes

Exemptions: Smoking is allowed in tobacco and e-cigarette retail stores, separately enclosed smoking area for international passengers at international airports, a vehicle that is a place of employment when used by one person, on commercial fishing or sport charter fishing boat, in a private club in operation since 1/1/17, in an e-cigarette store in operation since 1/1/17, a private residence except if used for childcare/adult care, in stand-alone smoking shelters, and in freestanding licensed marijuana establishments.

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