Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

Legislative Summary

HB9 - (public workplaces) - A Bill relating to the elimination of smoking in all workplaces and public places - Died

This bill makes all enclosed public places and places of employment smokefree, including and within 15 feet of entrances/windows of places required to be smokefree. The bill was substituted in a House Committee to cover bingo facilities and to exempt tobacco retail stores and cigar bars that make at least 25% of revenue from tobacco products. The bill was also weakened by removing several significant provisions for non-retaliation, liberal construction and governmental cooperation, plus the provisions requiring a person in charge of a business to give notice to a person violating the act and the one requiring state agencies and local governments to notify local business owners about the law. The bill was amended on the House Floor to exempt bars that provide health coverage, bingo halls and any other bingo venues. Additionally, an exemption was created for any owner of private property to exempt their establishment from the law. Communities with a population less than 50,000 who enact laws before September 1, 2007 that are weaker than state law can abide by their local law. No community is preempted from enacting a law that's stronger than state law after September 1, 2007.

  • Preemptive Action


  • Anti-Preemptive Clause


EXEMPTIONS: Smoking is allowed in private residences except when used as child/adult/health care facilities; 20% of contiguous hotel/motel rooms; private and semiprivate rooms in nursing homes and long-term care facilities; private clubs that do not have employees except when open to the public; cigar bars; and outdoor areas of places of employment. Amended to also exempt bingo, tobacco shops, bars and private property.