Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

State Status

No Preemption

Legislative Summary

SB 50 (ENACTED 5/26/03)

Authorizes state agencies and local governments to adopt more stringent restrictions governing tobacco than restrictions imposed pursuant to state law under certain circumstances.

  • Preemptive Action

    No

  • Anti-Preemptive Clause

    Yes

EXEMPTIONS: An agency, board, commission or local government, may not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display, or promotion of tobacco with respect to: a licensed gaming establishment, a bar or tavern, an area within a restaurant in which alcoholic beverages are served and patrons who are minors are excluded.

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