Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 7/13/2015

July 13, 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:

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)
Rhode Island: SB287 (gaming)—Session Adjourned

· 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:

Kansas: SB255 (research facility exemption)—Session Adjourned
Maine:
LD821 (cigar lounge exemption)—House Insisted On Acceptance Of The Minority Ought Not To Pass Report; Ordered Sent Forthwith
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:

Connecticut:
HB6283 (electronic cigarette use; preemptive)—Signed by Governor  
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)
Oregon: HB2854 (vehicles with minors)—Session Adjourned; SB545 (vehicles with minors)—Session Adjourned; SB756 (vehicles with minors)—Session Adjourned
Pennsylvania: HB109 (vehicles with minors); HB667 (vehicles with minors)
Rhode Island: SB254 (vehicles with minors)—Session Adjourned

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

Hawaii:
HB525 (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)
Rhode Island: SB124 (beaches)—Session Adjourned; HB5627 (beaches)—Session Adjourned

· 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
Rhode Island:
HB5256 (public housing)—Session Adjourned

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

California: SB140 (e-cigarette use)—Pulled by sponsor & held without recommendation in Assembly Committee on Governmental Organization
Delaware:
HB5 (e-cigarette use)—Signed by Governor
Illinois: HB2404 (use of electronic cigarettes)Pulled by sponsor
Maine: LD1108 (e-cigarette use)—Became Law without Governor's Signature
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)
Oregon: SB340 (e-cigarette use)—Session Adjourned
Pennsylvania: HB954 (e-cigarette use in schools)Passed House, sent to Senate; HB1189 (e-cigarette use in schools)
Rhode Island: HB5690 (e-cigarette use)—Session Adjourned; SB489 (e-cigarette use)—Session Adjourned
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)—Passed Senate Committee on Labor and Industrial Relations, referred to third reading; AB1147 (pediatric day and health care)—Amended and passed Senate Appropriations Committee, referred to third reading
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)—Passed Assembly and sent to Senate; S02920 (tobacco free pharmacies)First and Second report calendar; A05917 (after-school programs)Substituted by S993a; 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)—Sent to Governor; SB303 (smoking bars)—Sent to Governor; HB5689 (smoking bar requirements)—Session Adjourned; HB5701 (tobacco free pharmacies)—Session Adjourned



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
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
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)

Massachusetts

H1950—(tobacco sales preemption)—An Act relative to local Boards of Health and the sale of legal consumer products in the Commonwealth—Hearing Scheduled for 7/14 in Joint Committee on Public Health
https://malegislature.gov/Document/Bill/189/House/H1950.pdf
https://malegislature.gov/Bills/189/House/H1950
This bill preempts Boards of Health from prohibiting the community-wide sale of legal consumer products, including tobacco, without receiving the approval of town meeting or city council to create such a law.
Preemptive: Yes
Anti-Preemption Clause: No

 New York

A08155—(playgrounds)—An Act to amend the public health law
http://assembly.state.ny.us/leg/?default_fld=&bn=A08155&term=2015&Summary=Y&Text=Y
http://assembly.state.ny.us/leg/?default_fld=&bn=A08155&term=2015&Summary=Y&Actions=Y
This bill prohibits any person from smoking within 50 feet of a playground.
Preemptive: No
Anti-Preemption Clause: No