Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 2/5/2016

February 5, 2015

Legislative sessions around the country are now underway. Many states allow bills to carry over from the 2015 legislative session into 2016, so you will see these carry over bills below in addition to bills newly introduced for 2016.

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.

Preemption threats: Please see this week's article from The Center for Media and Democracy. Corporate Interests Take Aim at Local Democracy takes a look at the multitude of preemption threats in states all across the country, and highlights the new "blanket preemption" and cross-issue preemption bills that are being pursued by corporate interests. Please be aware that bills to eliminate local control are expected in many states this legislative session, so we encourage you to watch for various iterations of preemption bills in your states.

New category: A new bill tracking category is being added for bills that specifically prohibit or allow the smoking of marijuana in smokefree spaces. As recreational marijuana use becomes legalized in more places, we anticipate bills to create exemptions in smokefree laws to allow marijuana smoking in venues where smoking is currently not allowed. Likewise, some states may adopt laws to specify that marijuana smoking is not permitted in smokefree venues.

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:

Alaska: SB1 (workplaces, restaurants, and bars)Carry over
California: SB6x (workplaces)Passed the Senate, sent to Assembly; AB7x (workplaces)Passed Assembly Committee on Finance
Florida: SB1554 (preemption repeal); HB4063 (preemption repeal)
Guam: Bill 143-33 (bars)—Sent to Governor
Indiana: HB1113 (bars and gaming)
Iowa:
SF36 (casinos)—Carry over; HF102 (casinos)—Carry over
Pennsylvania:
HB202 (restaurants and bars)Carry over; SB567 (preemption repeal, restaurants and bars)—Carry over; HB682 (preemption repeal, restaurants, bars, and gaming)—Carry over; HB996 (gaming)—Carry over
Utah: SB61 (airports)—Placed on Senate 2nd Reading Calendar

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

Oklahoma:
SJR24 (partial smokefree protections)Carry over
Tennessee:
HB1657/SB2350 (local control of government grounds)SB23509 referred to Senate Commerce and Labor Committee

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

Kansas:
SB255 (research facility exemption)Carry over
New Jersey:
A617 (e-cigarette lounge exemption); A2057 (cigar bar exemption); A2129 (e-cigarette shop exemption); S531 (research exemption)
Tennessee
:
HB1235 (age-restricted venues)—Carry over; HB2353/SB2628 (age-restricted venues)SB2628 referred to Senate Judiciary Committee
U.S. Virgin Islands: 31-0115 (cigar factory exemption)—Reported Out To the Committee on Rules and Judiciary
Vermont: H764 (cigar bar exemption)
Washington: HB1296 (cigar lounge and retail tobacco exemption)Carry over; SB5917 (cigar lounge and retail tobacco exemption)Carry over

· The following states have preemptive bills:

Massachusetts: H1951 (tobacco sales preemption)Carry over; H1950 (tobacco sales preemption)Carry over
Oklahoma: SB1289 (broad preemption)—Second reading referred to General Government Committee
Wisconsin: SB132 (preemptive e-cigarette bill)Carry over; AB170 (preemptive e-cigarette bill)—Carry over

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

Florida: SB654 (vehicles with minors)
Georgia: SB130 (vehicles with minors)Carry over
Hawaii: HB1569 (vehicles with minors)Introduced and passed first reading; HB1793 (vehicles with minors)—Introduced and passed first reading; SB2083 (vehicles with minors)—Passed second reading and referred to Committee on Judiciary and Labor; SB2226 (vehicles with minors)—Referred to Committee on Commerce, Consumer Protection, and Health
Massachusetts: H1976 (vehicles with minors)Carry over
Michigan: HB4672 (vehicles with minors)Carry over
Missouri:
HB1689 (vehicles with minors)
New York: A01982 (vehicles with minors)Carry over; S03155 (vehicles with minors)Carry over
Northern Marianas Islands:
HB19-085 (vehicles with minors)
Ohio: SB89 (vehicles with minors)Carry over
Oklahoma: HB1341 (vehicles with minors)Carry over; HB1506 (vehicles with minors)Carry over
Pennsylvania: HB109 (vehicles with minors)Carry over; HB667 (vehicles with minors)—Carry over; SB1032 (vehicles with minors)—Carry over


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

Hawaii: HB586 (health system campuses)—Carry over; HB876 (coastal areas)—Carry over; SB305 (health systems property)—Carry over; SB1342 (coastal areas)Referred to Committee on Commerce, Consumer Protection, and Health
New Jersey: A893 (parks and beaches); A2428 (state beaches/parks); A2623 (sections state beaches/parks); S1016 (state beaches/parks)
New York: A01148 (parks and beaches)Carry over; A01622 (school bus stop)—Carry over; A01732 (distance to doorways)Reported referred to Codes; S01105 (reasonable distance; housing disclosure)—Carry over; S01998 (playgrounds)—Died in Senate, returned to Assembly, ordered to third reading; S03171 (parks and beaches)—Carry over; S03760 (parks)—Carry over; A02326 (college campuses)—Carry over; S04322 (college campuses)—Carry over; A08155 (playgrounds)—Carry over
Tennessee: HB1431/SB2349 (government grounds)SB2349 referred to Senate Commerce and Labor Committee
Vermont: H0416 (reasonable distance)—Carry over

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

Hawaii: HB34 (condominiums)Carry over; SB802 (condominiums)—Carry over; SB2063 (public housing)Referred to Committee on Housing; HB2531 (public housing)Referred to Health Committee; HB2672 (housing disclosure)—Referred to Health Committee
Massachusetts: H1106 (multi-unit housing)Carry over
New York: A00035 (housing disclosure)Carry over; S01668 (housing disclosure)Amended and recommitted to Health Committee; A06505 (reasonable distance; housing disclosure)—Amended and recommitted to Health Committee; A06548 (housing disclosure)Amend and recommit to Agriculture Committee
Vermont: H509 (housing reasonable distance)Carry over; S259 (rental housing); H686 (smokefree multi-unit housing)

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

Alaska: HB40 (electronic cigarette use)Carry over
California: SB140 (e-cigarette use)Carry over; SB5x (e-cigarette use)Passed the Senate, sent to Assembly; AB6x (e-cigarette use)Passed Assembly Committee on Finance
Florida: HB1143 (e-cigarette use)Favorable vote by Health Quality Subcommittee
Hawaii: B349 (electronic cigarette use, sales, and tax)Carry over; HB585 (use of electronic cigarettes)—Carry over; SB18 (use of electronic cigarettes)Re-referred to Committee on Commerce, Consumer Protection, and Health; SB299 (electronic cigarette use, sales, and tax)—Re-referred to Committee on Commerce, Consumer Protection, and Health; SB757 (use of electronic cigarettes)—Carry over; SB1109 (use of electronic cigarettes)—Referred to Committee on Commerce, Consumer Protection, and Health
Illinois: HB2404—(use of electronic cigarettes)Carry over
Massachusetts: H2050 (e-cigarette use and sales)Carry over; S1119 (e-cigarette use and sales)—Carry over
New Mexico: SB289 (e-cigarette use)
New York: A02595 (e-cigarette use)Carry over; S02202 (e-cigarette use)—Carry over; A01496 (e-cigarettes use, tobacco sales from 18 to 21)—Carry over; S04156 (e-cigarette use)—Carry over; A05955 (e-cigarette use)—Died in Senate, returned to Assembly, ordered to third reading
Ohio: HB221 (e-cigarette use on school property)Carry over
Pennsylvania: HB954 (e-cigarette use in schools)Carry over; HB1189 (e-cigarette use in schools)—Carry over; HB1459 (e-cigarette use)—Carry over
Rhode Island: H7427 (e-cigarette use in schools)
Tennessee: HB0673/SB0595 (e-cigarette use)—Carry over; SB0645/HB0520 (e-cigarette use)—Carry over
Vermont: H0171 (e-cigarette use)—Carry over
Virginia: SB231—(e-cigarette use)
Washington: HB1645 (e-cigarette sales)Carry over
Wisconsin: AB106 (e-cigarette use on school property)Carry over; AB146 (e-cigarette use)—Carry over; SB120 (e-cigarette use)—Carry over

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

Colorado: HB1092 (marijuana use at public events)
Massachusetts: H1666 (smokefree laws and marijuana)Carry over; H1667 (smokefree laws and marijuana)
Maryland:
HB183 (marijuana use in public places)Hearing in Judiciary Committee scheduled for 2/9; HB334 (marijuana use in public places)—Hearing in Judiciary Committee scheduled for 2/9
New Hampshire: HB473 (veterans' home marijuana use)Carry over
Washington: HB2693 (marijuana smoking lounge)Scheduled for public hearing on 2/2 in House Committee on Commerce & Gaming

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

California: SB8x (K-12 school campuses)Passed the Senate, sent to Assembly; AB9x (K-12 school campuses)Passed Assembly Committee on Finance; AB1594 (college campuses)
District of Columbia:
B21-0322 (limit on tobacco bars)Carry over
Illinois
:
HB835 (campuses)—Carry over; HB1832 (technical change)—Carry over; HB1833 (technical change)—Carry over; SB1295 (technical change)—Carry over; HB4835 (technical change)
Iowa: SF24 (one smokefree casino)Carry over; SF139 (one smokefree casino)—Carry over; HF255 (two smokefree casinos)—Carry over; HF336 (new casinos)—Carry over
Massachusetts:
H1954 (tobacco free pharmacies)—Carry over; S1137 (tobacco free pharmacies)—Carry over
Mississippi: HB25 (technical change)
Missouri:
HB1450 (foster care); HB1669 (state capital)
Nebraska: LB557 (child care provider)—Carry over
New Jersey: A263 (college residences); A2368 (penalty for smokefree violation)
New York:
S02920 (tobacco free pharmacies)Carry over; A07206 (day care facilities)—Carry over
North Carolina: H580 (foster care)Carry over
Oklahoma: SB674 (school property)Carry over
Pennsylvania: HB1065 (taxis)Carry over
Puerto Rico: PC2409 (procedural issues)—Carry over
Virginia: SB224—(school property)


Summaries of all NEW bills are listed below       

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

Illinois

HB4835—(technical change)—An Act concerning health
http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=88&GA=99&DocTypeId=HB&DocNum=4835&GAID=13&LegID=94132&SpecSess=0&Session=0
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=4835&GAID=13&DocTypeID=HB&LegID=94132&SessionID=88&GA=99&SpecSess=0
This bill amends the Smoke Free Illinois 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

Mississippi

HB25—(technical change)—An Act to Clarify and Update the Inventory of State Real Properties
http://billstatus.ls.state.ms.us/documents/2016/pdf/HB/0001-0099/HB0025IN.pdf
http://billstatus.ls.state.ms.us/2016/pdf/history/HB/HB0025.xml
This bill makes a technical change in the provision that prohibit smoking in government buildings.
Preemptive: No
Anti-Preemption Clause: No

New Jersey

A2623—(sections state beaches/parks)—An Act designating sections of State beaches, parks, and forests as smokefree areas
n/a
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A2623
This bill requires that all State parks and forests have a designated no-smoking area, which can be the park or forest in its entirety.
Preemptive: No
Anti-Preemption Clause: No

S1016—(state beaches/parks)—An Act prohibiting smoking at State-owned beaches
n/a
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S1016
This bill prohibits smoking at all State-owned beaches.
Preemptive: No
Anti-Preemption Clause: No

New Mexico

SB289—(e-cigarette use)—An Act relating to public health
http://www.nmlegis.gov/Sessions/16%20Regular/bills/senate/SB0289.pdf
http://www.nmlegis.gov/lcs/legislation.aspx?chamber=S&legtype=B&legno=289&year=16
This bill prohibits the use of e-cigarettes in all places that are required to be smokefree in the Dee Johnson Clean Indoor Air Act by adding a definition of e-cigarette and adding e-cigarettes to the definition of smoking.
Preemptive: No
Anti-Preemption Clause: No

Rhode Island

H7427—(e-cigarette use in schools)—An Act Relating To Criminal Offenses–Children
http://webserver.rilin.state.ri.us/billtext16/housetext16/h7427.htm
http://status.rilin.state.ri.us/
This bill adds the use of e-cigarettes to the prohibition of smoking at school facilities.
Preemptive: No
Anti-Preemption Clause: No

U.S. Virgin Islands

31-0115—(cigar factory exemption)—An Act relating to exemptions from the smoking ban—Reported Out To the Committee on Rules and Judiciary
http://www.legvi.org/vilegsearch/ShowPDF.aspx?num=31-0115&type=Bill
http://www.legvi.org/vilegsearch/Detail.aspx?docentry=22751
This bill creates an exemption in the Virgin Islands Smoke Free Act to allow smoking in cigar factories.
Preemptive: No
Anti-Preemption Clause: No