Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 8/7/2015

August 7, 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.

Preemption attempts continue around the country as we've reached the mid-point of 2015, with corporate interestst threatening tobacco control work as well as other public health, social justice, environmental, and safety issues. See Four Ways ALEC Tried to Ruin Your State This Year for an eye-opening overview of the ALEC-supported surge in shutting down meaningful local policy change across the U.S. which was published this week by The Center for Media and Democracy.

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:

California: SB6x (workplaces); AB7x (workplaces)
New Jersey: A2133 (casinos); S1639 (casinos)
Pennsylvania: HB202 (restaurants and bars); SB567 (preemption repeal, restaurants, bars, and gaming); HB682 (preemption repeal, restaurants, bars, and gaming)Hearing on 6/15 in House Health Committee; HB996 (gaming)

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

New Jersey: A2358 (areas of state beaches/parks)

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

Maine: LD821 (cigar lounge exemption)—Session Adjourned
New Jersey
:
A228 (cigar bar exemption)Passed Assembly and sent to Senate; S957 (special event exemption); S1863 (cigar bar exemption); S2781 (hookah use in restaurants); A3842 (e-cigarette vapor shop exemption); A4428 (e-cigarette lounge exemption)Amended and passed Assembly Commerce and Economic Development Committee; S2988 (research exemption)
Washington: HB1296 (cigar lounge and retail tobacco exemption)3rd Special Session: reintroduced and retained in present status; SB5917 (cigar lounge and retail tobacco exemption)—3rd Special Session: reintroduced and retained in present status

· The following states have preemptive bills:

Massachusetts: H1951 (tobacco sales preemption)Hearing Scheduled for 7/14 in Joint Committee on Public Health; H1950 (tobacco sales preemption)—Hearing Scheduled for 7/14 in Joint Committee on Public Health
Wisconsin: SB132 (preemptive e-cigarette bill); AB170 (preemptive e-cigarette bill)—Assembly Substitute Amendment 1 offered

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

Massachusetts: H1976 (vehicles with minors)Hearing Scheduled for 7/14 in Joint Committee on Public Health
Michigan: HB4672 (vehicles with minors)
New Jersey
:
A826 (vehicles with minors); S828 (vehicles with minors)Substituted and passed the Senate Health, Human Services and Senior Citizens Committee; S2883 (vehicles with minors)Combined with S828
New York: A01982 (vehicles with minors); S03155 (vehicles with minors)
Ohio: SB89 (vehicles with minors)
Pennsylvania: HB109 (vehicles with minors); HB667 (vehicles with minors)

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

Maryland:
HB0585 (parks)Signed by Governor
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); A01622 (school bus stop); A01732 (distance to doorways); S01105 (reasonable distance; housing disclosure); S01998 (playgrounds)Passed Senate; S03171 (parks and beaches); S03760 (parks); A02326 (college campuses); S04322 (college campuses); A08155 (playgrounds)

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

Massachusetts: H1106 (multi-unit housing)Hearing Scheduled for 7/28 in Joint Committee on Housing
New Jersey: S1636(housing); S1899 (housing disclosure)
New York: A00035 (housing disclosure); S01668 (housing disclosure); A06505 (reasonable distance; housing disclosure)Amended and recommitted to Health Committee; A06548 (housing disclosure)Amended and recommitted to Agriculture Committee

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

California: SB140 (e-cigarette use)—Held in Committee; SB5x (e-cigarette use); AB6x (e-cigarette use)
Illinois: HB2404 (use of electronic cigarettes)Pulled by sponsor
Massachusetts: H2050 (e-cigarette use and sales)Hearing Scheduled for 7/14 in Joint Committee on Public Health; S1119—(e-cigarette use and sales)—Hearing Scheduled for 7/14 in Joint Committee on Public Health
New York: A02595 (e-cigarette use); S02202 (e-cigarette use)Committed to Rules; A01496 (e-cigarettes use, tobacco sales from 18 to 21); S04156 (e-cigarette use); A05955 (e-cigarette use)Passed Assembly on 85-68 vote
Ohio: HB221 (e-cigarette use on school property)
Pennsylvania: HB954 (e-cigarette use in schools)Passed House, sent to Senate; HB1189 (e-cigarette use in schools)
Vermont: S139 (e-cigarette use and tax)Amended to remove relevant information; Sent to Governor
Washington: HB1645 (e-cigarette sales)3rd Special Session: reintroduced and retained in present status
Wisconsin: AB106 (e-cigarette use on school property); AB146 (e-cigarette use); SB120 (e-cigarette use)

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

California: AB731 (non-substantive changes)Amended and re-referred to Senate Committee on Judiciary; AB768 (baseball stadiums)—Referred to the Senate Floor; AB1147 (pediatric day and health care)—Sent to Governor; SB8x (K-12 school campuses); AB9x (K-12 school campuses)
District of Columbia: B21-0322 (limit on tobacco bars)
Illinois
:
HB835 (campuses)Held on Calendar Order of Second Reading; SB1295 (technical change); HB1832 (technical change)—Held on Calendar Order of Second Reading; HB1833 (technical change)—Held on Calendar Order of Second Reading; HB3531 (daycare)Sent to the Governor
Massachusetts:
H1666 (smokefree laws and marijuana); H1954 (tobacco free pharmacies)Hearing Scheduled for 7/14 in Joint Committee on Public Health; S1137 (tobacco free pharmacies)—Hearing Scheduled for 7/14 in Joint Committee on Public Health
New Hampshire
:
HB473 (veterans’ home marijuana use)Conference committee report not signed off
New Jersey: S321 (penalty for smokefree violation)Passed the Senate 37-1; A3172 (local penalties); A4507 (college residences)
New York:
S00993 (after-school programs)—Sent to Governor; S02920 (tobacco free pharmacies)First and Second report calendar; A05917 (after-school programs)—Sent to Governor; A07206 (day care facilities)
North Carolina: H580 (foster care)Passed first reading and referred to Health Committee
Pennsylvania: HB1065 (taxis)
Rhode Island: HB5224 (smoking bars)—Effective without Governor's signature; SB303 (smoking bars)—Effective without Governor's signature



Legislation Enacted this Session

Arkansas: HB1721 (long-term care facilities)—Signed by Governor; HB1722 (e-cigarette use on college campuses)—Signed by Governor; SB978 (e-cigarette sales preemption)Signed by Governor
Connecticut: HB6283 (electronic cigarette use; preemptive)—Signed by Governor
Delaware: HB5 (e-cigarette use)Signed by Governor
Hawaii: HB940 (use of electronic cigarettes)—Signed by Governor; HB525 (parks)—Signed by Governor
Idaho: HB121 (reduces penalty)Signed by Governor
Indiana:
SB463 (cigar bar exemption)Signed by Governor
Maryland: HB0585 (parks)—Signed by Governor
Maine:
LD1108 (e-cigarette use)Became Law without Governor's Signature
Nebraska:
LB118 (cigar shop exemptionSigned by Governor
Oklahoma: HB1685 (school property)—Signed by Governor
Oregon: HB2546 (e-cigarette use)—Signed by Governor
Rhode Island: HB5224 (smoking bars)—Effective without Governor's signature; SB303 (smoking bars)—Effective without Governor's signature
Tennessee: SB411 (preemptive e-cigarette exemption)—Signed by Governor
Texas: SB97 (e-cigarette use)—Signed by Governor
Wyoming: HB174 (school property; harm reduction)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)

California

SB5x—(e-cigarette use)—An act relating to electronic cigarettes
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162SB5
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162SB5
This bill would define tobacco products as including electronic cigarettes, and prohibits the use of electronic cigarettes in the same places where smoking is prohibited. The bill would also require retailers to obtain a state license to sell these products and require child-resistant packaging for these products.
Preemptive: No
Anti-Preemption Clause: No

AB6x—(e-cigarette use)—An act relating to electronic cigarettes
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162AB6
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162AB6
This bill would define tobacco products as including electronic cigarettes, and prohibits the use of electronic cigarettes in the same places where smoking is prohibited. The bill would also require retailers to obtain a state license to sell these products and require child-resistant packaging for these products.
Preemptive: No
Anti-Preemption Clause: No

SB6x—(workplaces)—An act relating to employment
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162SB6
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162SB6
This bill would expand smokefree workplace protections by eliminating exemptions that permit smoking in owner-operated businesses, hotel lobbies, banquet rooms, retail tobacco shops, warehouse facilities, and employee break rooms. Unfortunately, smoking would still be allowed in 20% of hotel rooms (down from 65%), cabs of trucks, theatrical production sites, medical research or treatment sites, private residences, and patient smoking areas of long-term health care facilities.
Preemptive: No
Anti-Preemption Clause: No
EXEMPTIONS: Smoking would still be allowed in 20% of hotel rooms (down from 65%), cabs of trucks, theatrical production sites, medical research or treatment sites, private residences, and patient smoking areas of long-term health care facilities.

AB7x—(workplaces)—An act relating to employment
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162AB7
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162AB7
This bill would expand smokefree workplace protections by eliminating exemptions that permit smoking in owner-operated businesses, hotel lobbies, banquet rooms, retail tobacco shops, warehouse facilities, and employee break rooms. Unfortunately, smoking would still be allowed in 20% of hotel rooms (down from 65%), cabs of trucks, theatrical production sites, medical research or treatment sites, private residences, and patient smoking areas of long-term health care facilities.
Preemptive: No
Anti-Preemption Clause: No
EXEMPTIONS: Smoking would still be allowed in 20% of hotel rooms (down from 65%), cabs of trucks, theatrical production sites, medical research or treatment sites, private residences, and patient smoking areas of long-term health care facilities.

SB8x—(K-12 school campuses)—An Act relating to tobacco use programs
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162SB8
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162SB8
This bill prohibits the use of tobacco and nicotine products in a county office of education, charter school or school district-owned or leased building, on school or district property, and in school or district vehicles.
Preemptive: No
Anti-Preemption Clause: No

AB9x—(K-12 school campuses)—An Act relating to tobacco use programs
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162AB9
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162AB9
This bill prohibits the use of tobacco and nicotine products in a county office of education, charter school or school district-owned or leased building, on school or district property, and in school or district vehicles.
Preemptive: No
Anti-Preemption Clause: No

District of Columbia

B21-0322—(limit on tobacco bars)—Tobacco Bar Regulation Amendment Act of 2015
http://lims.dccouncil.us/Download/34287/B21-0322-Introduction.pdf
http://lims.dccouncil.us/Legislation/B21-0322
This bill would prohibit the licensing and operation of tobacco bars located adjacent to a residential property. Existing tobacco bars that have already been approved by the Department of Health are allowed to continue to operate.
Preemptive: No
Anti-Preemption Clause: No