Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 2/20/2015

February 20, 2015

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 2015, we expect to see attempts at preemptive legislation for smokefree air, electronic smoking devices, and across public health issues. Of particular concern are bills that could preempt multiple public health issues including tobacco control. As you prepare for your 2015 legislative sessions, check out this excellent overview from Tobacco Control Legal Consortium: Preemption: The Biggest Challenge to Tobacco Control.

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: SB1 (workplaces, restaurants, and bars)Amended by sponsor
Connecticut: SB189 (private clubs)
Iowa: SF36 (casinos); HF102 (casinos)
Kentucky: SB189 (workplaces, restaurants, bars, gaming facilities)—Referred to Senate Veterans, Military Affairs, & Public Protection Committee
New Hampshire: SB105 (workplaces)—Hearing scheduled for 3/3 in Health and Human Services Committee
New Jersey:
A2133 (casinos); S1639 (casinos)
Pennsylvania: HB202 (restaurants and bars)
Rhode Island: SB287 (gaming)
Texas: SB87 (workplaces, restaurants, and bars)

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

Indiana: SB115 (membership club exemption); HB1235 (smoking and electronic cigarette regulation)
Kentucky: HB145 (workplaces, restaurants, bars, gaming facilities; opt-out provision)—Referred to Senate Veterans, Military Affairs, & Public Protection Committee
New Jersey: A2358 (areas of state beaches/parks)
Oklahoma:
SJR24 (partial smokefree protections)
Wyoming:
HB174 (school property; harm reduction)Amended and passed Labor Committee

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

Idaho: HB121 (reduces penalty)
Minnesota
:
SF611 (repeals smokefree law)—Amendments adopted
Nebraska:
LB118 (cigar shop exemption)—Passed on Final Reading and President/Speaker Signed
New Jersey
:
A228 (cigar bar exemption)Passed Assembly and sent to Senate; S957 (special event exemption); S1863 (cigar bar exemption)
Washington: HB1296 (cigar lounge and retail tobacco exemption)Amended and passed Committee on Commerce & Gaming, Referred to Health Care & Wellness

· The following states have preemptive bills:

West Virginia: SB109 (preemption re veterans’ organizations)—Judiciary Committee substitute for committee substitute reported; HB2208 (preemption re boards of health)—Rejected by Government Organization Committee

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

Connecticut: HB6285 (vehicles with minors)Reserved for Subject Matter Public Hearing
Florida:
SB548 (vehicles with minors); HB671 (vehicles with minors)
Georgia: SB140 (vehicles with minors)
Illinois:
SB0729 (vehicles with minors)
Maryland: HB0357 (vehicles with minors)—Hearing on 2/19 in Environment and Transportation Committee
New Hampshire
:
SB162 (vehicles with minors)—Hearing scheduled for 3/3 in Health and Human Services Committee
New Jersey
:
A826 (vehicles with minors); S828 (vehicles with minors)
New Mexico: HB148 (vehicles with minors)—Scheduled for House Judiciary Committee on 2/23
New York: A01982 (vehicles with minors); S03155 (vehicles with minors)
Oklahoma: SB747 (vehicles with minors)—Reported do pass as amended in Public Safety Committee; HB1341 (vehicles with minors); HB1506 (vehicles with minors)
Oregon: HB2854 (vehicles with minors); SB545 (vehicles with minors)
Pennsylvania: HB109 (vehicles with minors)
Rhode Island: SB254 (vehicles with minors)
Texas: HB461 (vehicles with minors)
Virginia: HB2171 (vehicles with minors)Left in House Militia, Police and Public Safety Sub-Committee

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

Connecticut:
HB5941 (rail platforms)
Hawaii: SB305 (health systems property)—Committee on Health recommends measure be passed with amendments; HB525 (parks)—Amended and passed Committee on Water and Land, referred to Judiciary Committee; HB586 (health system campuses)—Amended and passed 2nd reading in Committee on Health; HB876 (coastal areas); SB1342 (coastal areas)
Maine: LD151 (college campuses)
Maryland:
HB0585 (parks)—Hearing on 3/11 in Economic Matters Committee
New Jersey: A1978 (college campuses)Passed Higher Education Committee; 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); S1894 (college campuses)
New York: A01148 (parks and beaches); S01105 (reasonable distance; housing disclosure); A01622 (school bus stop); A01732 (distance to doorways); S03171 (parks and beaches); S03760 (parks)
Rhode Island: SB124 (beaches)Committee recommended measure be held for further study

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

Hawaii: HB34 (condominiums)—Amended and passed Health Committee; SB802 (condominiums)—Reported from Committee on Health with recommendation of passage on Second Reading
New Jersey: S1636(housing); S1899 (housing disclosure)
New York: A00035 (housing disclosure); S01668 (housing disclosure)
Rhode Island:
HB5256 (public housing)Committee recommended measure be held for further study

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

Alaska: HB40 (electronic cigarette use)
Arkansas:
SB447 (electronic cigarette use)
California:
SB140 (e-cigarette use)
Connecticut:
HB5219 (electronic cigarette use in schools)Public Hearing scheduled for 2/23; HB5449 (electronic cigarette use)—Reserved for Subject Matter Public Hearing; HB6283 (electronic cigarette use and marketing)—Reserved for Subject Matter Public Hearing
Hawaii: SB18 (use of electronic cigarettes)—Committee on Health deferred the measure; SB299 (electronic cigarette use, sales, and tax)—Hearing deferred in Committee on Health and Committee on Commerce and Consumer Protection; HB349 (electronic cigarette use, sales, and tax)—Committee on Consumer Protection and Commerce recommends bill be deferred; HB585 (use of electronic cigarettes)—Committee on Health recommends bill be deferred; HB940 (use of electronic cigarettes)—Committee on Health recommends bill be passed with amendments; SB757 (use of electronic cigarettes)—Reported from Committee on Health with recommendation of passage on Second; SB1109 (use of electronic cigarettes)—Committee on Health deferred the measure
Illinois: HB2404 (use of electronic cigarettes)
Indiana: HB1169 (use of electronic cigarettes)
Maryland: HB26 (electronic cigarette use)Hearing on 2/11 in Economic Matters Committee
New Jersey: A3842 (e-cigarette vapor shop exemption)
New York: A02595 (e-cigarette use); S02202 (e-cigarette use); A01496 (e-cigarettes use, tobacco sales from 18 to 21)
Oregon: HB2546 (e-cigarette use)—Work session held on 2/20; SB340 (e-cigarette use)
Tennessee: HB0673/SB0595 (e-cigarette use)—SB0595 passed on Second Consideration and referred to Senate Commerce and Labor Committee; SB0645/HB0520 (e-cigarette use)
Texas: HB456 (e-cigarette use at schools)—Scheduled for public hearing in Public Education Committee on 2/24; SB96 (e-cigarette use at schools); SB97 (e-cigarette use)
Vermont: H0171 (e-cigarette use)

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

Illinois: HB835 (campuses)
Iowa: SF24 (one smokefree casino); SF139 (one smokefree casino)
New Hampshire
:
HB473 (veterans’ home)Public Hearing on February 2 in House Departments and Administration
New Jersey: S321 (penalty for smokefree violation)Passed the Senate 37-1; A3172 (local penalties)
New York:
S00993 (after-school programs)
Oklahoma: SB674 (school property)—Reported do pass as amended in Education Committee; HB1685 (school property)
Rhode Island: HB5224 (smoking bars)



Summaries of all NEW bills are listed below:

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

Arkansas

SB447—(electronic cigarette use)—An Act to Amend the Definitions of Smoking and Tobacco to Treat E-Cigarettes Similarly to Other Tobacco Products
http://www.arkleg.state.ar.us/assembly/2015/2015R/Bills/SB447.pdf
http://www.arkleg.state.ar.us/assembly/2015/2015R/Pages/BillInformation.aspx?measureno=SB447
This bill would amend the current (limited) state smokefree law and smokefree cars with kids law to prohibit the use of e-cigarette use wherever smoking is not allowed.
Preemptive: No
Anti-Preemption Clause: No

Georgia

SB140—(vehicles with minors)—Smokefree Cars for Children Act
http://www.legis.ga.gov/Legislation/20152016/148395.pdf
http://www.legis.ga.gov/Legislation/en-US/display/20152016/SB/130
This bill prohibits smoking in a motor vehicle in which a child under 15 years of age is present.
Preemptive: No
Anti-Preemption Clause: No

Illinois

HB835—(campuses)—An Act concerning education
http://www.ilga.gov/legislation/99/HB/09900HB0835.htm
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=835&GAID=13&DocTypeID=HB&LegID=85309&SessionID=88&GA=99&SpecSess=0
This bill amends the Smoke-Free Campus Act by making at technical change in the title, which may be a place holder for further amending the law.
Preemptive: No
Anti-Preemption Clause: No

HB2404—(use of electronic cigarettes)—An Act concerning health
http://www.ilga.gov/legislation/99/HB/09900HB2404.htm
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=2404&GAID=13&DocTypeID=HB&LegId=87569&SessionID=88&GA=99
This bill amends the Smoke Free Illinois Act to prohibit the use of electronic cigarettes wherever smoking is not allowed. An exception would allow a theater actor to use electronic cigarettes within performance spaces.
Preemptive: No
Anti-Preemption Clause: No

Kentucky

SB189—(workplaces, restaurants, bars, gaming facilities)—An Act prohibiting smoking in public places and places of employment
http://www.lrc.ky.gov/record/15RS/SB189/bill.doc
http://www.lrc.ky.gov/record/15RS/SB189.htm
This bill prohibits smoking and the use of e-cigarettes in enclosed workplaces and public places, including restaurants, bars, gaming facilities, and hotels/motels, and within 15’ of entrances/windows of smokefree buildings.
Preemptive: No
Anti-Preemption Clause: Yes
EXEMPTIONS: Smoking is allowed in private residences, unless used as for-hire child care facility, adult day care facility, or health care facility; a smoking laboratory operated by an institution of higher education provided that any smoking is done by machine; a smoking laboratory operated by a business engaged in the manufacturing of smoking products; a laboratory testing the fire-safe qualities of tobacco products provided that any smoking is done by a machine; any business that conducts bona fide scientific, psychological, or other medical research on tobacco products if the research is conducted in an enclosed space not open to the public; a tobacco barn that is used primarily for the purpose of air-curing, fire curing, or storing tobacco leaf; or an agricultural building used as a workshop or tool shed, or for any other purpose on a private farm.

New York

S03760—(parks)—An Act to amend the public health law
http://assembly.state.ny.us/leg/?default_fld=&bn=S03760&term=2015&Summary=Y&Text=Y
http://assembly.state.ny.us/leg/?default_fld=&bn=S03760&term=2015&Summary=Y&Actions=Y
This bill enacts the "Smoke Free Parks Act of 2015" which prohibits smoking in all public parks
Preemptive: No
Anti-Preemption Clause: No

Tennessee

SB0645/HB0520—(e-cigarette use)—An Act relative to certain student discipline codes and policies.
http://www.capitol.tn.gov/Bills/109/Bill/SB0645.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB0645&GA=109
This bill requires that schools change their student discipline code and school policies relative to the use and possession of smoking and tobacco products on school property to include electronic cigarettes.
Preemptive: No
Anti-Preemption Clause: No

Vermont

H0171—(e-cigarette use)—An act relating to restrictions on the use of electronic cigarettes
http://legislature.vermont.gov/assets/Documents/2016/Docs/BILLS/H-0171/H-0171%20As%20Introduced.pdf
http://legislature.vermont.gov/bill/status/2016/H.171
This bill prohibits the use of electronic cigarettes in places that are required to be smokefree, including workplaces and public places, as well as motor vehicles when children are present.
Preemptive: No
Anti-Preemption Clause: No