Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 9/19/2014

September 19, 2014

As you work to protect local control for tobacco control issues, it's important to also be mindful that there are ongoing preemption threats to additional public health issues, that can impact the local control environment in your state. Take a look at a helpful fact sheet from Grassroots Change: Best Practices: Tracking and Countering the Supporters of Preemption, which highlights key ways to prepare for and respond to preemption efforts across multiple public health issues.

Legislative sessions have ended for 2014 in most states. Legislatures are active or in recess in California, Illinois, Massachusetts, Michigan, New Jersey, New York, Ohio, and Pennsylvania.

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 2014, we expect to see attempts at preemptive legislation not just in tobacco control but in across public health issues, including nutrition and anti-obesity efforts. Of particular concern are bills that could preempt multiple public health issues including tobacco control. As you prepare for your 2014 legislative sessions, check out a cross-issue preemption fact sheet from Grassroots Change.

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:

Delaware: HB404 (removes private clubs exemption)
New Jersey:
A2133 (casinos); S1639 (casinos)
Pennsylvania: SB80 (preemption repeal, restaurants, bars, and gaming); HB1485 (preemption repeal, restaurants, bars, and gaming)Reported with request to re-refer to Health Committee; HB2149 (restaurants and bars); HB2153 (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:

Illinois: SB0053 (outdoor smoking enclosure exemption); SB852 (cigar exemption)—Signed by Governor
Michigan: HB4536 (smoking room exemption); HB5159—(partially enclosed exemption); HB5801 (veterans' organizations exemption); HB5809 (broader cigar bar exemption)
New Jersey
:
A228 (cigar bar exemption)Passed Assembly and sent to Senate; S957 (special event exemption); S1863 (cigar bar exemption)

· The following states have preemptive bills:

[none]

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

District of Columbia: B20-0504 (vehicles with minors)
Illinois: SB2659 (vehicles with minors)Pursuant to Senate Rule 3-9(b) / Referred to Assignments
Massachusetts: H1984 (vehicles with minors)—Accompanied a study order H4234
Michigan: HB5101—(vehicles with minors); HB5648 (vehicles with minors)
New Jersey
:
A826 (vehicles with minors); S828 (vehicles with minors)
New York:
A00622 (vehicles with minors)Referred to Health; S00472 (vehicles with minors)—Referred to Transportation
Ohio: SB130 (vehicles with minors)
Pennsylvania: HB1613 (vehicles with minors); HB1841—(vehicles with minors)

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

California:
AB2539 (farmers markets)—Sent to Governor
District of Columbia
:
B20-0093 (playgrounds)—Public Hearing May 13
Michigan: HB4978 (reasonable distance, partial preemption repeal)
New Jersey
:
A1080 (parks and beaches)—Vetoed by Governor; 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); S1772 (parks and beaches)Amended in Senate and substituted by A1080; S1894 (college campuses)
New York: A00450 (parks and plazas)Amended and Re-referred to Health; A00553 (parks and beaches)Amended and Re-Referred to Health; A01679 (reasonable distance)—Reported referred to Codes; A03663 (playgrounds)—Referred to Health; A06620 (college campuses); S00464 (parks and plazas)—Amended and Recommitted to Health; S01449 (playgrounds)—Referred to Health; SB02363 (reasonable distance; housing disclosure)—Referred to Health; S06241 (parks)—Referred to Health; S07520 (school bus stops); A09826—(school bus stops)
Ohio: HB281 (school property)
Pennsylvania: HB1549 (recreational areas); HB2127 (school bus stops)

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

Massachusetts: S1028 (senior housing)
New Jersey: S1636(housing); S1899 (housing disclosure)
New York: A00495 (housing disclosure)Reported Referred from Codes; A02414 (reasonable distance and housing disclosure)—Referred to Health; S02374 (housing disclosure)Amended and Recommitted to Agriculture; A04628 (housing common areas); A05322 (housing disclosure)Amended and recommitted to Agriculture; A05893 (public housing)—Referred to Health; S05012 (housing disclosure)—Referred to Health

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

California:
SB648 (e-cigarettes in vending machines)Failed to pass Committee on Appropriations
Delaware: HB309 (e-cigarette use in smokefree spaces)Passed House, sent to Senate Executive Committee
District of Columbia: B20-233 (e-cigarettes)
Massachusetts: H3639 (e-cigarette use in smokefree spaces); H3726 (e-cigarettes)House Committee recommended bill ought to pass and referred to the committee on House Ways and Means
New York: A8178 (e-cigarettes)Reported Referred to Codes; A08190 (e-cigarettes)Amended and Recommitted to Health; A09526 (e-cigarettes on school grounds); A10118 (e-cigarettes in smokefree spaces); A10182 (e-cigarettes in smokefree spaces); S06255 (e-cigarette use; tax exemption) —Amended and Recommitted to Health Committee; S06562 (e-cigarette use) —Committed to Rules Committee; S06704 (e-cigarettes on school grounds); S07737 (e-cigarettes in smokefree spaces); S07841 (e-cigarettes in smokefree spaces)

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

California: AB1819 (day care)—Sent to Governor
Illinois: SB0827 (technical change); B0828 (technical change); SB841 (technical change); HB0699 (technical change); HB0698 (technical change); SB1247 (technical change); SB1364 (technical change); HB1202 (retail tobacco store regulation); SB2130 (technical change); HB2041 (technical change); HB2042 (technical change); HB5099 (technical change)Rule 19(a) / Re-referred to Rules Committee; HB5100 (technical change)—Rule 19(a) / Re-referred to Rules Committee
Michigan: HB4651 (cigar bar exemption)
New Jersey: S321 (penalty for smokefree violation)Passed the Senate 37-1; A3172 (local penalties)
New York:
S07560 (after-school programs)Referred to Assembly Codes Committee; A10046 (after-school programs)


Legislation Enacted this Session

Hawaii: SB651 (public housing)—Signed by Governor
Illinois:
SB2202 (college campuses)Signed by Governor; SB852 (cigar exemption)—Signed by Governor
Louisiana:
HB168 (reasonable distance)—Signed by Governor; SB514 (school property)—Signed by Governor
Minnesota:
HF2402 (e-cigarette use)Signed by Governor
Oklahoma:
SB1777 (veterans centers)Signed by Governor
Vermont:
H0217 (smokefree expansion)Signed by Governor
Virginia
:
HB484 (e-cigarettes in schools)—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)

Michigan

HB5801—(veterans' organizations exemption)—A bill to amend the public health code
http://www.legislature.mi.gov/documents/2013-2014/billintroduced/House/pdf/2014-HIB-5801.pdf
http://www.legislature.mi.gov/%28S%28mra4ngra23he4k55wrf1cjbu%29%29/mileg.aspx?page=getobject&objectname=2014-HB-5801
This bill would create an exemption to allow smoking in war veterans' organizations.
Preemptive: No
Anti-Preemption Clause: No

HB5809—(broader cigar bar exemption)—A bill to amend the public health code
http://www.legislature.mi.gov/documents/2013-2014/billintroduced/House/pdf/2014-HIB-5809.pdf
http://www.legislature.mi.gov/%28S%28v2ykowmrpkch5p550jvdtf3e%29%29/mileg.aspx?page=getobject&objectname=2014-HB-5809
This bill broadens the exemption that allows smoking in cigar bars. Instead of requiring that exempt cigar bars make 75% gross annual revenue from on-site tobacco sales, it would reduce the amount to only 10%. It also requires a $500 filing fee as part of the affidavit that cigar bars must submit annually to demonstrate that they qualify for the exemption. It also states that a food service establishment does not include a cigar bar or tobacco specialty retail store that meets the 10% exemption requirement.
Preemptive: No
Anti-Preemption Clause: No