Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 4/24/2015

April 24, 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 are seeing attempts at preemptive legislation not just in tobacco control but across public health issues, as well as broad threats to local control especially in Texas. A recent article from The Center for Media and Democracy titled The ALEC-Backed War on Local Democracy is a very interesting look at the concerted efforts that are underway to preempt meaningful local policy change across the U.S.

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)Passed State Affairs Committee
Connecticut: SB189 (private clubs)
Iowa: SF36 (casinos); HF102 (casinos)
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); HB996 (gaming)
Rhode Island: SB287 (gaming)Committee recommended measure be held for further study
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)
New Jersey: A2358 (areas of state beaches/parks)
Oklahoma:
SJR24 (partial smokefree protections)

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

Connecticut: HB5630 (tobacco bars)
Maine: LD821 (cigar lounge exemption)
Minnesota
:
SF611 (repeals smokefree law)—Amendments adopted
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)
Tennessee: HB1235 (age-restricted venues)—Session Adjourned
Washington: HB1296 (cigar lounge and retail tobacco exemption)Amended and passed Committee on Commerce & Gaming, Referred to Health Care & Wellness; SB5917 (cigar lounge and retail tobacco exemption)

· The following states have preemptive bills:

Massachusetts
:
H1951 (tobacco sales preemption)
Texas: SB343 (broad preemption); HB540 (ballot preemption)—Left pending in committee; SB360 (preemption re: takings); SB1537 (tobacco business preemption); SB1673 (broad preemption)
Wisconsin: SB132 (preemptive e-cigarette bill)

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

Connecticut: HB6285 (vehicles with minors)—Favorable report from Public Health Committee
Florida:
SB548 (vehicles with minors)Passed Health Policy Committee, sent to Rules Committee; HB671 (vehicles with minors)—Passed Highway and Waterway Safety Committee, sent to Transportation and Economic Development Appropriations Subcommittee
Illinois:
SB0729 (vehicles with minors)Passed Senate Public Health Committee
Massachusetts:
H1976 (vehicles with minors)
New Jersey
:
A826 (vehicles with minors); S828 (vehicles with minors)
New York: A01982 (vehicles with minors); S03155 (vehicles with minors)
Ohio: SB89 (vehicles with minors)
Oklahoma: HB1341 (vehicles with minors); HB1506 (vehicles with minors)
Oregon: HB2854 (vehicles with minors); SB545 (vehicles with minors); SB756 (vehicles with minors)Referred to Judiciary, then Implementing Measure 91
Pennsylvania: HB109 (vehicles with minors); HB667 (vehicles with minors)
Rhode Island: SB254 (vehicles with minors)Committee recommended measure be held for further study
Texas: HB461 (vehicles with minors)—Committee report sent to Calendars 

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

Connecticut:
HB5941 (rail platforms)
Hawaii: SB305 (health systems property)Passed Senate and sent to House Health and Judiciary Committees; HB525 (parks)—Conference committee appointed; HB586 (health system campuses)—Conference committee Meeting on 4/24; HB876 (coastal areas); SB1342 (coastal areas)
Maryland:
HB0585 (parks)Passed Senate, and Passed Enrolled by House
Missouri:
HB1065 (school property)
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); A02326 (college campuses); S04322 (college campuses)
Rhode Island: SB124 (beaches)Committee recommended measure be held for further study; HB5627 (beaches)House Judiciary Committee recommended measure be held for further study
Vermont:
H0416 (reasonable distance)

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

Hawaii: HB34 (condominiums)Amended and passed Health Committee; SB802 (condominiums)Amended and passed House Health Committee
Massachusetts: H1106 (multi-unit housing)
New Jersey: S1636(housing); S1899 (housing disclosure)
New York: A00035 (housing disclosure); S01668 (housing disclosure); A06505 (reasonable distance; housing disclosure); A00654 (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)Passed House Health & Social Services Committee, referred to Judiciary Committee  
Arkansas:
SB447 (electronic cigarette use)—Session Adjourned
California:
SB140 (e-cigarette use)—Hearing scheduled for April 27 in Senate Appropriations Committee; SB24 (enforcement for sales to minors; e-cigarette use)—Amended and referred to Senate Appropriations Committee
Connecticut:
HB5219 (electronic cigarette use in schools)Public Hearing scheduled for 2/23; HB5449 (electronic cigarette use)Public Hearing in Committee on Public Health on 3/11; HB6283 (electronic cigarette use)—Favorable report from Public Health Committee
Delaware:
HB5 (e-cigarette use)—Third amendment introduced
Hawaii: SB18 (use of electronic cigarettes)Hearing on 4/1 in Committee on Commerce and Consumer Protection; 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)—Signed by Governor; SB757 (use of electronic cigarettes)Passed Senate and sent to several House committees; SB1109 (use of electronic cigarettes)—Committee on Health deferred the measure
Illinois: HB2404 (use of electronic cigarettes)—Pulled by sponsor
Indiana:
HB1169 (use of electronic cigarettes)
Maine: LD1108 (e-cigarette use)
Massachusetts: H2050 (e-cigarette use and sales); S1119—(e-cigarette use and sales)
Minnesota: SF1135 (e-cigarette use); HF1183 (e-cigarette use); HF1253 (e-cigarette use); SF1762 (e-cigarette use); HF2089 (e-cigarette use)
Nevada: SB201 (e-cigarette use)No further action allowed
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); S04156 (e-cigarette use); A05955 (e-cigarette use)—Reported referred to codes
Oregon: HB2546 (e-cigarette use)—Work session held in Senate Committee on Health Care; SB340 (e-cigarette use)
Rhode Island: HB5690 (e-cigarette use)Committee recommended measure be held for further study; SB489 (e-cigarette use)Committee recommended measure be held for further study
Tennessee: HB0673/SB0595 (e-cigarette use)—Session Adjourned; SB0645/HB0520 (e-cigarette use)—Session Adjourned
Texas: HB456 (e-cigarette use at schools)Passed House and sent to Senate; SB96 (e-cigarette use at schools)Passed Senate and sent to House; SB97 (e-cigarette use)—Reported favorably as substituted from House Public Health Committee
Vermont: H0171 (e-cigarette use)On Agenda for 3/17 in Committee on Human Services
Washington: HB1645 (e-cigarette sales)Substitute adopted and passed by House Committee on Appropriations
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)Passed Senate; AB768 (baseball stadiums)—Passed Arts, Entertainment, Sports, Tourism, and Internet Media Committee; AB1147 (pediatric day and health care)—Amended and passed Assembly Appropriations Committee
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)Passed House and sent to Senate
Iowa:
SF24 (one smokefree casino); SF139 (one smokefree casino)Passed Senate State Government Subcommittee; HF255 (two smokefree casinos); HF336 (new casinos)
Nebraska: LB557 (child care provider)
Massachusetts:
H1666 (smokefree laws and marijuana); H1954 (tobacco free pharmacies); S1137 (tobacco free pharmacies)
New Hampshire
:
HB473 (veterans’ home)Hearing on 4/1 in Executive Departments and Administration Committee; SB105 (workplaces)Subcommittee Work Session on 4/21, Executive Session 4/28
New Jersey: S321 (penalty for smokefree violation)Passed the Senate 37-1; A3172 (local penalties)
New York:
S00993 (after-school programs)—First and Second report calendar; A05917 (after-school programs); S02920 (tobacco free pharmacies)—First and Second report calendar
North Carolina: H580 (foster care)Passed first reading and referred to Health Committee
Oklahoma: SB674 (school property)Passed House Common Education; HB1685 (school property)Engrossed to the House
Pennsylvania: HB1065 (taxis)
Rhode Island: HB5224 (smoking bars)—Committee recommended measure be held for further study; SB303 (smoking bars); HB5689 (smoking bar requirements)Committee recommended measure be held for further study; HB5701 (tobacco free pharmacies)Committee recommended measure be held for further study
Texas:
HB2352 (state capitol grounds)



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
Hawaii: HB940 (use of electronic cigarettes)Signed by Governor
Idaho: HB121 (reduces penalty)—Signed by Governor
Nebraska: LB118 (cigar shop exemption—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)

Massachusetts

S1137—(tobacco free pharmacies)—An Act restricting the sale of tobacco products at health care institutions
https://malegislature.gov/Document/Bill/189/Senate/S1137.pdf
https://malegislature.gov/Bills/189/Senate/S1137
This bill prohibits the sale of tobacco products, including e-cigarettes, 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

Pennsylvania

HB996—(gaming)—An Act regulating smoking in this Commonwealth
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2015&sessInd=0&billBody=H&billTyp=B&billNbr=0996&pn=1281
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2015&sind=0&body=H&type=B&bn=0996
This bill eliminates the exemption that permits smoking on gaming floors of licensed facilities, and requires these establishments to be smokefree. 
Preemptive: No
Anti-Preemption Clause: No

HB1065—(taxis)—An Act addressing transportation
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2015&sessInd=0&billBody=H&billTyp=B&billNbr=1065&pn=1347
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2015&sind=0&body=H&type=B&bn=1065
This bill prohibits smoking in taxis.
Preemptive: No
Anti-Preemption Clause: No

Wisconsin

SB132—(preemptive e-cigarette bill)—An Act relating to regulating the use of vapor products
http://docs.legis.wisconsin.gov/2015/related/proposals/sb132
http://docs.legis.wisconsin.gov/2015/proposals/sb132
This bill is preemptive and prohibits any local governments from restricting where e-cigarettes can be used, except in government buildings. The bill also prohibits the use of e-cigarettes, called vapor products, inside child care centers when children are present, as well as in schools and hospitals.
Preemptive: YES
Anti-Preemption Clause: No