Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

State Status

Any Preemption

Pending Legislation

Legislative Summary

HB5074 - (restaurants & bars; preemption repeal) - A bill amending the public health code - Substituted and Passed House, sent to Senate Committee on Government Operations and Reform

This bill was amended in the House from a bill prohibiting smoking in college dormitories, to a bill prohibiting smoking in workplaces, restaurants, and bars. Smoking is allowed in workplaces with collective bargaining agreements until those agreements are changed or expire. The bill would also restore local control.

  • Preemptive Action

    No

  • Anti-Preemptive Clause

    YES

EXEMPTIONS: Smoking is allowed in private residences, motor vehicles, cigar bars and tobacco specialty retail stores that are physically separated from nonsmoking establishments, gambling areas of a casino, places where a licensed bingo event and millionaire party are being conducted, the portion of a licensed race track that is not a food service establishment, collectively bargained smoking agreements that were in effect before this law goes into effect, only until the expiration or modification of the agreement.

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