Preemption Watch Bill Tracking Summary

Publication Date: 7/23/2010

July 23, 2010

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.

In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.no-smoke.org/pdf/preemptionstrikeforce.pdf.

Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Mississippi, Nebraska, New Hampshire, New Mexico, North Carolina, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas.

Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation.

The new and pending legislative bills are classified below into seven 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.

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.
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:

Massachusetts: SB2495 (smokefree casinos amendment)-Amendment upheld
Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)-Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010; SB1406 (casinos)
New Jersey: A1062 (casinos); S423 (casinos)
New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee
Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010

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

Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010

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

D.C.: B18-0084 (exemption)
Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee
Michigan: HB5803 (smoking room exemption)
New Jersey: A461 (tobacco business exemption); S2001/A2897 (gaming exemption)
Ohio: SB120 (cigar bar and family bar exemption)-Carried over to 2010; HB6280 (veterans' organizations exemption)
Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010

· The following states have preemptive bills:

Massachusetts: HB2176 (preemptive exemptions)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills
New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading

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

Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee
Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010
New Jersey: A1591/S475 (vehicles with minors); A2814 (vehicles with minors)
New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Passed Assembly, Sent to Senate and amended as A6714B; S03191 (vehicles with minors)-Substituted by A6714B; S08386 (vehicles with minors)
Ohio: SB135 (vehicles with minors)-Carried over to 2010
Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010

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

Massachusetts: HB2162 (reasonable distance)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills
Michigan: SB906 (state capitol grounds)-Carried over to 2010
New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold
New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms)-Amended and Recommitted to Health; A10500 (transportation platforms)-Amended and recommitted to codes

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

Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Sent to the Governor; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee
Massachusetts: HB1875 (workplace smoking)-Included in HB4746 to allow the Com. on Labor and Workforce Development to study this and other related bills; recommitted to the Committee on Labor and Workforce Development; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health
Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010
New Jersey: A512 (state vehicles); S446 (housing)
New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)-Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons)

Legislation Enacted this Year

D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted
Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor
Mississippi: SB2644 (youth recreation)-Signed by Governor
Nebraska: LB861 (technical amendment)-Signed by Governor
New Hampshire: HB1541 (e-cigarettes at educational facilities)-Signed by Governor
New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor
Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor
Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor
U.S. Virgin Islands: Bill 28-0191 (workplaces, restaurants and bars)-Signed by Governor
Utah: HB88 (e-cigarette restrictions)-Signed by Governor
Wisconsin: AB720-SA1 (definition change)-Signed by Governor