Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

State Status

Any Preemption

Resource

Repeal of PA Preemption Clause, 1999

Publication Date: 2006-02-08
In January 2005, the Pennsylvania Legislative Reference Bureau determined that the provision of the PA Fire & Panic Act (also referred to as the Clean Indoor Air Act) that preempted local smokefree air laws was repealed in 1999.  Please see the last page of this document to view the preemption repeal language.

Unfortunately, in July 2005, the Legislative Reference Bureau reversed its opinion, stating that this repeal of preemption was itself repealed in 2000, and thus preemption continues to exist in Pennsylvania. 

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