Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 4/11/2014

April 11, 2014

Legislative sessions have ended for 2014 in Idaho, Indiana, Maryland, New Mexico, Oregon, South Dakota, Utah, Virginia, Washington, West Virginia, and Wyoming.

Please email ANR with any new smokefree bills—or anticipated bills that we should keep our eyes open for—or preemption attempts in your state and we will be sure to add them to Preemption Watch.

In 2014, we expect to see attempts at preemptive legislation not just in tobacco control but in across public health issues, including nutrition and anti-obesity efforts. Of particular concern are bills that could preempt multiple public health issues including tobacco control. As you prepare for your 2014 legislative sessions, check out a cross-issue preemption fact sheet from Grassroots Change.

ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control.

Below is a listing of state bills that have been introduced in state legislatures thus far. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills.



The new and pending legislative bills are classified below into eight categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold.

New bills and changes in bill status since the last update appear in bold.

Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption.
Weak: Bill includes ventilation, smoking rooms, or other key exemptions.
Weakens: Bill weakens a current strong 100% smokefree law.
Preemptive: Bill contains preemptive language that removes the right to local control.
Vehicles: Bill addresses smoking in vehicles with children present.
Outdoor: Bill primarily addresses smoking in outdoor locations.
Housing: Bill addresses smoking in multi-unit housing.
E-cigarettes: Bill addresses where e-cigarettes can be used.
Other: Bills contain other provisions and should be watched.

· The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption:

Alaska: SB209 (workplaces, restaurants, and bars); HB360 (workplaces, restaurants, and bars)Hearing held in House Health & Social Services Committee on 3/25
Iowa:
SF113 (casinos)—Carry over to 2014; SSB1107 (casinos)—Carry over to 2014; HF297 (casinos)—Carry over to 2014
Kansas: SB382 (gaming)
Kentucky: HB173 (workplaces, restaurants, bars, gaming facilities)Four amendments introduced; posted for passage in the Regular Orders of the Day for 2/14; SB117 (workplaces, restaurants, bars, gaming facilities)
Minnesota: SF0047 (removes theater exemption); HF0339 (removes theater exemption)
Missouri: HB1625 (workplaces, restaurants, bars, and gaming)Referred to Local Government Committee; HB1716 (workplaces, restaurants, bars, and gaming)
New Hampshire: SB382 (private clubs)Health, Education and Human Services Committee referred to Interim Study
New Jersey:
A2133 (casinos); S1639 (casinos)
Pennsylvania: SB80 (preemption repeal, restaurants, bars, and gaming); HB1485 (preemption repeal, restaurants, bars, and gaming); HB2149 (restaurants and bars); HB2153 (gaming)
Oklahoma: SB491 (workplaces, restaurants, and bars)Carry over to 2014
Tennessee: HB0114 (exemption to preemption)Carry over to 2014; SB0797 (exemption to preemption)—Carry over to 2014; SB0919 (exemption to preemption)—Carry over to 2014; SB1785 (exemption to preemption)Assigned to subcommittee of Commerce and Labor Committee 

· The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions:

Iowa
:
HF411 (new casinos)—Carry over to 2014
Missouri: SB572 (workplaces, restaurants, and bars)
New Jersey: A2358 (areas of state beaches/parks)
Oklahoma: HB1356 (financial incentive)Carry over to 2014; SB1185 (restaurants)
South Carolina: H4116 (cigar bars)Carry over to 2014

· The following states have bills that create exemptions that weaken a current smokefree law:

Connecticut: HB5151 (hookah lounge exemption)
Illinois
:
SB0053 (outdoor smoking enclosure exemption)
Iowa
:
SF263 (bar and patio repeal)—Carry over to 2014
Kansas:
HB2219 (broad exemptions)—Carry over to 2014
Michigan: HB4536 (smoking room exemption); HB5159—(partially enclosed exemption)
New Hampshire:
HB1396 (veterans’ home)Inexpedient to Legislate and Referred to Interim Study
New Jersey
:
A228—(cigar bar exemption); S957 (special event exemption); S1863 (cigar bar exemption)
Oklahoma: SB1777 (veterans centers)Passed Senate Public Health Committee
Tennessee: HB1961 (weakens bar provision); SB2011 (weakens bar provision)Assigned to subcommittee of Commerce and Labor Committee 

· The following states have preemptive bills:

Missouri: HB1067 (preemptive)Passed out of Local Government Committee
North Carolina: SB112/H94 (preemptive)Carry over to 2014

· The following states have bills that address smoking in vehicles when children are present:

District of Columbia: B20-0504 (vehicles with minors)
Florida: SB594 (vehicles with minors); HB341 (vehicles with minors)
Illinois: SB2659 (vehicles with minors)Amended and Passed Public Health Committee, scheduled for 3rd Reading
Maryland: SB82 (vehicles with minors)—Session Adjourned; HB0585 (vehicles with minors)—Session Adjourned
Massachusetts: H1984 (vehicles with minors)—Reported favorably by committee on 11/21 and referred to the committee on Health Care Financing
Michigan: HB5101—(vehicles with minors)
New Jersey
:
A826 (vehicles with minors); S828 (vehicles with minors)
New York:
A00622 (vehicles with minors)Referred to Health; S00472 (vehicles with minors)—Referred to Transportation
Ohio: SB130 (vehicles with minors)
Oklahoma: HB1375 (vehicles with minors)Carry over to 2014
Pennsylvania: HB1613 (vehicles with minors); HB1841—(vehicles with minors)
Rhode Island: SB2084 (vehicle with minors)Passed Senate and Referred to House Judiciary
South Carolina: H3122 (vehicle with minors)Carry over to 2014
Vermont: H0070 (vehicles with minors)Carry over to 2014
Wisconsin: AB877 (vehicles with minors)—Failed to pass pursuant to Senate Joint Resolution 1

· The following states have bills primarily addressing smoking in outdoor locations:

Connecticut: HB5284 (train stations)Public Hearing in Joint Committee on Public Health on 2/28
District of Columbia
:
B20-0093 (playgrounds)—Public Hearing May 13
Florida: S342 (playgrounds)Passed Regulated Industries Committee on 1/9, sent to Community Affairs Committee; HB309 (playgrounds)
Illinois: SB2202 (college campuses)—Passed House, Placed on Calendar Order of Concurrence House Amendment 1
Louisiana: HB168 (reasonable distance)Amended and Scheduled for floor debate on 4/2; SB514 (school property)—Passed to third reading and final passage
Maryland: SB0288 (school campuses)—Session Adjourned; HB1334 (e-cigarettes)—Session Adjourned; HB1408 (disincentive for college campuses)—Unfavorable Report by Appropriations Committee; Session Adjourned
Michigan: HB4978 (reasonable distance, partial preemption repeal)
Nebraska: LB131—(school property)Carried over to 2014
New Jersey
:
A1080 (parks and beaches)Passed Assembly and sent to Senate; A1978 (college campuses); A2097 (recreation and conservation lands); A2098 (parks and beaches); S344 (parks and beaches); S345 (recreation and conservation lands); A2731 (state beaches/parks); S1249 (state beaches/parks); S1629 (outdoor public places); S1772 (parks and beaches); S1894 (college campuses)
New York: A00450 (parks and plazas)Amended and Re-referred to Health; A00553 (parks and beaches)—Referred to Health; A01679 (reasonable distance)—Reported referred to Codes; A03663 (playgrounds)—Referred to Health; A06620 (college campuses); S00464 (parks and plazas)—Amended and Recommitted to Health; S01449 (playgrounds)—Referred to Health; SB02363 (reasonable distance; housing disclosure)—Referred to Health; S06241 (parks)—Referred to Health
Ohio: HB281 (school property)
Pennsylvania: HB1549 (recreational areas); HB2127 (school bus stops)
South Carolina: H3344 (outdoor public events)Carry over to 2014
Vermont: H0217 (smokefree expansion)Passed House and referred to Senate Committee on Health and Welfare; H579 (healthcare campuses)

· The following states have bills that address smoking in multi-unit housing:

Hawaii: SB651 (public housing)—Passed House, returned to Senate, Senate disagrees with House amendments; SB945 (condominiums)—Did not meet crossover deadline; HB2577 (public housing)—Amended and Passed Senate Committee on Human Services, referred to Judiciary Committee
Massachusetts: S1028 (senior housing); H1897 (multi-unit housing)
Minnesota: HF0227 (foster care); SF2125 (foster care); HB1966 (foster care)
New Jersey: S1636(housing); S1899 (housing disclosure)
New York: A00495 (housing disclosure)Reported Referred from Codes; A02414 (reasonable distance and housing disclosure)—Referred to Health; S02374 (housing disclosure)Amended and Recommitted to Agriculture; A04628 (housing common areas); A05322 (housing disclosure)Amended and recommitted to Agriculture; A05893 (public housing)—Referred to Health; S05012 (housing disclosure)—Referred to Health
North Carolina: HB805—(foster care)—Carry over to 2014

· The following states have bills that address the use of e-cigarettes:

Arizona: HB2641 (e-cigarettes)Failed in Health Committee 5-3
California:
SB648 (e-cigarettes)Eligible to be revisited in 2014 
District of Columbia: B20-233 (e-cigarettes)
Hawaii: SB2495 (e-cigarette use and sales)—Passed House Committee and referred to Consumer Protection & Commerce Committee
Maryland: HB1291 (e-cigarettes)—Session Adjourned
Massachusetts: H3726 (e-cigarettes)—Passed Committee on Public Health and referred to Committee on Health Care Financing
Minnesota: SF2027 (e-cigarette use in smokefree spaces, etc)Passed Commerce Committee and referred to Rules and Administration Committee; HF1931 (e-cigarette sales and usePassed Commerce and Consumer Protection, Finance, and Policy Committee; HF1974 (e-cigarette use in smokefree spaces)
Missouri: HB1690 (e-cigarettes in schools)—Passed Rules Committee
New York: A8178 (e-cigarettes)—Reported Referred to Codes; A08190 (e-cigarettes)Amended and Recommitted to Health; S06255 (e-cigarette use; tax exemption)Amended and Recommitted to Health Committee; S06562 (e-cigarette use)
South Carolina: H4553 (e-cigarette use)
Tennessee: HB1461 (e-cigarette exemption)Taken off notice in Finance, Ways & Means Subcommittee, Assigned to Agriculture and Natural Resources Subcommittee; SB1698 (e-cigarette exemption)Assigned to subcommittee of Commerce and Labor Committee 
Virginia: HB484 (e-cigarettes in schools)—Signed by Governor
Wisconsin: SB440 (e-cigarette exemption)—Failed to pass pursuant to Senate Joint Resolution 1; AB762 (e-cigarette exemption)—Failed to pass pursuant to Senate Joint Resolution 1

· The following states have other provisions and should be watched:

California: AB1819 (day care)—Passed Human Services, Government Operations, and Appropriations Committees; sent to Third Reading
Illinois: SB0827 (technical change); B0828 (technical change); SB841 (technical change); HB0699 (technical change); HB0698 (technical change); SB1247 (technical change); SB1364 (technical change); HB1202 (retail tobacco store regulation); SB2130 (technical change); HB2041 (technical change); HB2042 (technical change); HB5099 (technical change)Passed Executive Committee; HB5100 (technical change)Passed Executive Committee
Louisiana: SB491 (technical change)
Michigan: HB4651 (cigar bar exemption)
New Jersey: S321 (penalty for smokefree violation)
Rhode Island: SB2333 (smoking bar requirements)—Heard in Finance Committee
Wisconsin: AB551 (child care centers)—Failed to pass pursuant to Senate Joint Resolution 1


Legislation Enacted this Session

Virginia: HB484 (e-cigarettes in schools)—Signed by Governor


Summaries of all NEW bills are listed below:

(All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org)

Connecticut

HB5151—(hookah lounge exemption)—An Act Concerning Hookah Lounges
http://www.cga.ct.gov/2014/TOB/h/pdf/2014HB-05151-R02-HB.pdf
http://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05151&which_year=2014
This bill allows towns to issue licenses to operate a hookah lounge. No requirements or restrictions are provided about hookah lounge locations, minimum sales requirements, etc.
Preemptive: No
Anti-Preemption Clause: No

Pennsylvania

HB2149—(restaurants and bars)—An Act regulating smoking in this Commonwealth
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2013&sessInd=0&billBody=H&billTyp=B&billNbr=2149&pn=3338
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2013&sind=0&body=H&type=B&bn=2149
This bill amends the weak state law to prohibit smoking in “drinking establishments,” which are restaurants and bars. The law would retain all other exemptions, including ones that allow smoking in cigar bars, tobacco shops, casinos, tobacco-related charitable events.
Preemptive: No
Anti-Preemption Clause: No

HB2153—(gaming)—An Act amending the Clean Indoor Air Act
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2013&sessInd=0&billBody=H&billTyp=B&billNbr=2153&pn=3339
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2013&sind=0&body=H&type=B&bn=2153
This bill amends the weak state law by eliminating the exemption that allows smoking in casinos.
Preemptive: No
Anti-Preemption Clause: No