Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 1/20/2017

January 20, 2017

The majority of state legislatures are now in session, and numerous bills have been introduced. Please email ANR with any new smokefree bills—or anticipated bills that we should keep our eyes open for in 2016—as well as preemption attempts in your state and we will be sure to add them to Preemption Watch.

ANR tracks pending legislation relating to states' and territories' 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 bills that have been introduced in 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.
Marijuana: Bill addresses marijuana use in smokefree spaces.
Other: Bills contain other related 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:

Indiana: HB1313 (bars and gaming)
Mississippi: HB1204 (workplaces, restaurants, bars, gaming)
New Jersey: A2936 (casinos); S1517 (casinos)
New York:
A01514 (hotels)
Tennessee: HB0071 (partial local control); SB0123 (partial local control)
Virginia: SB938 (partial preemption repeal)

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

[none]

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

Colorado: SB63 (exemption for marijuana clubs)

Indiana:
SB459 (ceremonial use in hospitals)
Iowa: SF107 (signage)

Maine:
LD34 (cigar lounge exemption)
New Hampshire: HB279 (repeals smokefree law)—Subcommittee work session held on 1/18 and another scheduled for 1/25
New Jersey:
A617 (e-cigarette lounge exemption); A2057 (cigar bar exemption)—Passed Senate Community and Urban Affairs Committee on 12/15, Referred to Senate Health, Human Services and Senior Citizens Committee; A2129 (e-cigarette shop exemption); S531 (research exemption); S1487 (cigar bar exemption); A3439 (cigar bar exemption); A3773 (cigar bar exemption)—Passed by the Assembly (64-3-7) and Referred to Senate Health, Human Services and Senior Citizens Committee; A3975 (research exemption); S2566 (cigar bar exemption)—Passed Senate Community and Urban Affairs Committee on 12/15, Referred to Senate Health, Human Services and Senior Citizens Committee; S2571 (cigar bar exemption); S2766 (e-cigarette shop exemption)

· The following states have preemptive bills:

New York: S00736 (preemptive casino patio exemption)

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

Connecticut: HB05663 (vehicles with minors); HB05807 (vehicles with minors)
Georgia:
HB18 (vehicles with minors)
Hawaii: HB61 (vehicles with minors)

Mississippi:
HB377—(vehicles with minors)
New Jersey: A3860 (vehicles with minors)
Oklahoma: HB1344 (vehicles with minors)
Oregon: SB122 (vehicles)
South Carolina: H3241 (vehicles with minors)

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

Connecticut: SB00313 (recreation spaces)
Hawaii: SB134 (college campuses)
Kentucky: SB78 (tobacco use on school property)
New Jersey: A2428 (state beaches/parks); A2623 (sections state beaches/parks); S1016 (state beaches/parks); S1734 (parks and beaches)—Substituted by A893
New York: A00330 (library entrances); S00169 (library entrances); A00837 (parks and pedestrian plazas); A00857 (distance to doorways)

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

California: AB62 (public housing)
Hawaii: SB151 (condominiums)

Maryland: SB0175 (multi-unit housing)
New Jersey:
S1741 (housing)
New York: A00026 (housing disclosure)

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

Massachusetts: SD1353 (broad tobacco control bill)
Montana: LC37 (e-cigarette use)
New York: S00729 (e-cigarette use); A00516 (e-cigarette use); A00749 (e-cigarette use; tobacco 21); S02543 (e-cigarette use)

· The following states have bills that prohibit or allow the smoking of marijuana in smokefree spaces:

[none]

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

Connecticut: HB05762 (rehabilitation programs)
Massachusetts: SD253 (tobacco-free pharmacies); SD1089 (tobacco-free pharmacies)
New Hampshire: HB175 (cigar bar definition)—Subcommittee work session and executive session scheduled for 1/25
New Jersey: A263 (college residences); A2368 (penalty for smokefree violation)Assembly Floor Amendment Passed on 10/20; S1731 (penalty for smokefree violation)—Assembly Floor Amendment Passed on 10/20; S2135 (pharmacies)
New York:
A00397 (child care)
Oklahoma: HB2174 (technical change)
Tennessee: HB0009 (college campuses); SB0116 (college campuses)


Summaries of all NEW bills are listed below       

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

Colorado

SB63—(exemption for marijuana clubs)—An Act Concerning Licensing Marijuana Consumption Clubs
http://leg.colorado.gov/sites/default/files/documents/2017A/bills/2017A_063_01.pdf
http://leg.colorado.gov/bills/sb17-063
The bill creates a private marijuana club license and allows local governments to permit clubs in its jurisdiction. Licenses may be granted to establishments where marijuana may be consumed but not sold or provided by the club, and clubs may not serve food prepared on site or alcohol. The clubs are exempt from the statewide smokefree air law for marijuana consumption purposes if it is fully ventilated.
Preemptive: No
Anti-Preemption Clause: No

Connecticut

HB05762—(rehabilitation programs)—An Act Prohibiting Smoking At Rehabilitation Programs
https://www.cga.ct.gov/2017/TOB/h/pdf/2017HB-05762-R00-HB.pdf
https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05762&which_year=2017
This bill prohibits smoking at state-operated rehabilitation programs for alcohol-dependent or drug-dependent persons who are admitted into such a program upon their release from a correctional facility.
Preemptive: No
Anti-Preemption Clause: No

HB05807—(vehicles with minors)—An Act Concerning Smoking in Motor Vehicles
https://www.cga.ct.gov/2017/TOB/h/pdf/2017HB-05807-R00-HB.pdf
https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05807&which_year=2017
This bill prohibits smoking in a motor vehicle when there is a passenger six years of age or younger or weighing less than sixty pounds and required to be secured in a child restraint system.
Preemptive: No
Anti-Preemption Clause: No

SB00313—(recreation spaces)—An Act Prohibiting Smoking In Outdoor Public Recreation Spaces
https://www.cga.ct.gov/2017/TOB/s/pdf/2017SB-00313-R00-SB.pdf
https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=SB00313&which_year=2017
This bill prohibit smoking in outdoor public recreation spaces.
Preemptive: No
Anti-Preemption Clause: No

Hawaii

HB61—(vehicles with minors)—An Act Relating to the Statewide Traffic Code
http://www.capitol.hawaii.gov/session2017/bills/HB61_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=61&year=2017
This bill prohibits smoking in a motor vehicle in which a minor is present.
Preemptive: No
Anti-Preemption Clause: No

SB134—(college campuses)—An Act Relating to the University of Hawaii
http://www.capitol.hawaii.gov/session2017/bills/SB134_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=134&year=2017
This bill prohibits smoking and tobacco use, including the use of electronic smoking devices, by any person on the premises of the University of Hawaii.
Preemptive: No
Anti-Preemption Clause: No

SB151—(condominiums)—An Act Relating To Condominiums
http://www.capitol.hawaii.gov/session2017/bills/SB151_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=151&year=2017
This bill enables condominium associations to adopt rules and regulations that require unit owners to prohibit smoking inside a condominium unit as part of a lease agreement.
Preemptive: No
Anti-Preemption Clause: No

Iowa

SF107—(signage)—An Act relating to the elimination of the requirement for the 1 posting of signs or symbols under the smokefree air Act.
https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=SF107
https://www.legis.iowa.gov/legislation/billTracking/billHistory?billName=SF%20107&ga=87
This bill amends the state smokefree air law to eliminate the requirement that a no smoking sign must be posted in workplaces, public places, and vehicles that are required to be smokefree under the law.
Preemptive: No
Anti-Preemption Clause: No

Maryland

SB0175—(multi-unit housing)—An Act concerning the Use of Medical Oxygen in Residential Dwellings
http://mgaleg.maryland.gov/2017RS/bills/sb/sb0175f.pdf
http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&stab=03&id=sb0175&tab=subject3&ys=2017RS
This bill prohibits smoking a tobacco product or having an open flame in the room of a residential dwelling in which medical oxygen is being used or within 20 feet of such room.
Preemptive: No
Anti-Preemption Clause: No

Massachusetts

SD1089—(tobacco-free pharmacies)—An Act restricting the sale of tobacco products at health care institutions
https://malegislature.gov/Bills/190/SD1089.pdf
https://malegislature.gov/Bills/190/SD1089
This bill prohibits the sale of tobacco products at health care institutions and retail establishments that contains a health care institution, such as pharmacies and drug stores.
Preemptive: No
Anti-Preemption Clause: YES

SD1353—(broad tobacco control bill)—An Act to protect youth from the health risks of tobacco and nicotine addiction
https://malegislature.gov/Bills/190/SD1353.pdf
https://malegislature.gov/Bills/190/SD1353
This bill broadly expands tobacco control protections: prohibits the use of tobacco products on the grounds of primary, secondary, and vocational schools; prohibits the sale of tobacco products to people under age 21; prohibits the sale of tobacco products, including e-cigarettes, at health care institutions and retail establishments sell pharmaceuticals; defines tobacco products to include electronic smoking devices; prohibits free tobacco product distribution except in retail tobacco stores and smoking bars; prohibits the sale of tobacco products via vending machines; defines smoking to include the use of electronic smoking devices; and requires nicotine liquids to be sold in child resistant packaging.
Preemptive: No
Anti-Preemption Clause: YES

Mississippi

HB1204—(workplaces, restaurants, bars, gaming)—An Act to Create the Mississippi Smoke-Free Air Act of 2017
http://billstatus.ls.state.ms.us/documents/2017/pdf/HB/1200-1299/HB1204IN.pdf
http://billstatus.ls.state.ms.us/2017/pdf/history/HB/HB1204.xml
This bill prohibits smoking, including the use of e-cigarettes, in enclosed public places and workplaces, including restaurants, bars, gaming facilities, private clubs, hotel/motels; as well as within 20 feet from:  building entrances, outdoor seating areas of restaurants and bars, outdoor playgrounds, outdoor public transportation, and also outdoor stadiums and arenas, outdoor service lines, on outdoor property adjacent to state buildings, outdoor common areas of multi-unit housing, and in outdoor places of employment.
Preemptive: No
Anti-Preemption Clause: Yes
EXEMPTIONS: Smoking is allowed in private residences unless used as a childcare, adult day care, or health care facility.

New York

S02723—(reasonable distance; housing disclosure)—An Act to amend the public health law
http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02723&term=2017&Text=Y
http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02723&term=2017&Actions=Y
This bill prohibits smoking within fifteen feet of entrances of public or private buildings that contain state or municipal offices or educational facilities for elementary or secondary school students. The bill also includes a requirement that every rental agreement for multi-unit residential buildings with four or more units include a disclosure of whether smoking is permitted in or on the property, and if so, where.
Preemptive: No
Anti-Preemption Clause: No

S02760—(housing disclosure)—An Act to amend the public health law
http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02760&term=2017&Text=Y
http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02760&term=2017&Actions=Y
This bill, the broad Omnibus Obesity and Respiratory Illness Reduction Act, requires that every rental agreement in a multiple dwelling building with twenty or more units include a disclosure of the smoking policy for the premises, stating whether smoking is prohibited, allowed anywhere, or allowed in limited, and where any of those smoking areas are located.
Preemptive: No
Anti-Preemption Clause: No

Oklahoma

HB1344—(vehicles with minors)—An Act relating to tobacco use
http://webserver1.lsb.state.ok.us/cf_pdf/2017-18%20int/HB/HB1344%20int.pdf
http://www.oklegislature.gov/BillInfo.aspx?Bill=HB1344&Session=1700
This bill prohibits smoking in a vehicle when a child under age 14 is present.
Preemptive: No
Anti-Preemption Clause: No

HB2174—(technical change)—An Act relating to public health and safety
http://webserver1.lsb.state.ok.us/cf_pdf/2017-18%20int/HB/HB2174%20int.pdf
http://www.oklegislature.gov/BillInfo.aspx?Bill=HB2174&Session=1700
This bill makes a technical change in the title of the smoking restriction law, which may be a place holder for further amending the law.
Preemptive: No
Anti-Preemption Clause: No

South Carolina

H3241—(vehicles with minors)—A bill to Amend the Code of Laws of South Carolina
http://www.scstatehouse.gov/sess122_2017-2018/bills/3241.htm
http://www.scstatehouse.gov/sess122_2017-2018/bills/3241.htm
This bill prohibits smoking in a vehicle when a child under age 5 is present.
Preemptive: No
Anti-Preemption Clause: No

Tennessee

HB0071—(partial local control)—An Act relative to the regulation of products containing nicotine
http://www.capitol.tn.gov/Bills/110/Bill/HB0071.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB0071&GA=110
This bill authorizes Knox County and Knoxville to prohibit smoking on the grounds of any playground owned or operated by the local government.
Preemptive: No
Anti-Preemption Clause: No

SB0116—(college campuses)—An Act relative to smoking on campuses of public institutions of higher education
http://www.capitol.tn.gov/Bills/110/Bill/SB0116.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB0116&GA=110
This weak bill allows the administrative head of public higher education institutions to adopt a policy to limit smoking on campus to designated smoking locations, and administration is "encouraged to provide for reasonable smoke-free zones at all building entrances." The bill also prohibits smoking in all buildings owned or operated by the state except for those sleeping rooms in state park inns.
Preemptive: No
Anti-Preemption Clause: No

SB0123—(partial local control)—An Act relative to the regulation of products containing nicotine
http://www.capitol.tn.gov/Bills/110/Bill/SB0123.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB0123&GA=110
This bill authorizes Knox County and Knoxville to prohibit smoking on the grounds of any playground owned or operated by the local government.
Preemptive: No
Anti-Preemption Clause: No