Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 4/29/2016

April 29, 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.

Articles on growing preemption threats: Several recent articles have highlighted the sharp increase in preemption attempts—and successes—around the country on a wide variety of issues, including From Fracking Bans To Paid Sick Leave: How States Are Overruling Local Laws and Growing Southern cities are increasingly targets of state pre-emption. Corporate interests, aided by groups like the long-time tobacco front group American Legislative Exchange Council (ALEC), are seeking to eliminate local control whenever communities take effective and innovative action. The tobacco industry laid the groundwork for the strategies and pressure that are now being applied to block many health, safety, environmental, labor, and social justice efforts—most notably the recent law adopted in North Carolina. This state law overturned Charlotte's local LGBT anti-discrimination law and preempted all communities from exercising local control on this issue, and it also preempted local minimum wage laws. In tobacco control, we need to be mindful that preemption can come in many guises and at any time. For example, in North Carolina, the minimum wage preemption was snuck into to the unrelated bill about overturning Charlotte's LGBT law.

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)—Died in House Judiciary Committee; Session Adjourned; HB328 (workplaces, restaurants, and bars)—Died in House Judiciary Committee; Session Adjourned
California: AB7x (workplaces)—Sent to Governor
Connecticut: HB5542 (research exemption and preemption repeal)Reported Out of Legislative Commissioners' Office; Favorable Report, File #495
Iowa:
HF2095 (casinos)—Session Adjourned
Kentucky: HB351 (workplaces, restaurants, bars, gaming facilities)—Session Adjourned
Minnesota: HF6353 (work vehicles); SF3513 (work vehicles)
New Jersey: A2936 (casinos); S1517 (casinos)
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
Rhode Island: SB2383 (gaming)Committee on Special Legislation and Veterans Affairs recommended measure be held for further study

· 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)—HB1657 signed by Governor

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

Illinois:
HB5029 (smoking area exemption)—Amended and Rule 19(a) / Re-referred to Rules Committee
Maryland:
HB1069 (casino cigar bar exemption)Passed Senate and returned to House without exemption language being added back in
Minnesota: SF611 (repeals smokefree law)Carry over
New Jersey:
A617 (e-cigarette lounge exemption); A2057 (cigar bar exemption); A2129 (e-cigarette shop exemption); S531 (research exemption); S1487 (cigar bar exemption); A3439 (cigar bar exemption)
Ohio: SB295 (smoking club exemption)
Tennessee
:
HB1235 (age-restricted venues)—Session Adjourned ; HB2353/SB2628 (age-restricted venues)—Session Adjourned
Vermont: H764 (cigar bar exemption)
Washington: HB1296 (cigar lounge and retail tobacco exemption)By resolution, reintroduced and retained in present status; SB5917 (cigar lounge and retail tobacco exemption)—By resolution, reintroduced and retained in present status

· 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
Washington:
SB6328 (preemption of outdoor e-cigarette use)—Signed by Governor
Wisconsin: SB132 (preemptive e-cigarette bill)Failed to pass pursuant to Senate Joint Resolution 1; AB170 (preemptive e-cigarette bill)—Failed to pass pursuant to Senate Joint Resolution 1

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

Connecticut: HB5453 (vehicles with minors)Motion failed in Judiciary Committee
Hawaii: HB1569 (vehicles with minors)Introduced and passed first reading; HB1793 (vehicles with minors)—Introduced and passed first reading; SB2083 (vehicles with minors)—Conference committee appointed and reconvening on 4/29; SB2226 (vehicles with minors)—Referred to Committee on Commerce, Consumer Protection, and Health
Massachusetts: H1976 (vehicles with minors)House and Senate extended reporting date to June 30
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
Rhode Island: SB2765 (vehicle warning)Judiciary Committee recommended measure be held for further study
Wisconsin: SB480 (vehicles with minors)Failed to pass pursuant to Senate Joint Resolution 1

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

California: SB977 (youth sports fields)—Passed Health Committee on 7-0 vote, re-referred to Appropriations Committee; SB1333 (state parks and beaches)Passed Natural Resources and Water Committee on 7-2 vote, referred to Appropriations Committee
District of Columbia:
B21-0686 (tobacco free stadiums)
Hawaii: HB586 (health system campuses)Conference committee conferees discharged; HB876 (coastal areas)—Carry over; SB305 (health systems property)—Signed by Governor; SB1342 (coastal areas)Referred to Committee on Commerce, Consumer Protection, and Health
New Jersey: A893 (parks and beaches)Reported out of Assembly Tourism, Gaming and the Arts, 2nd Reading; A2428 (state beaches/parks); A2623 (sections state beaches/parks); S1016 (state beaches/parks); S1734 (parks and beaches)
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; A09495 (library entrances)—Amended and recommitted to Health Committee; S06970 (library entrances)
Tennessee: HB1431/SB2349 (government grounds)—Session Adjourned
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)Heard in Health Committee and recommended that the measure be deferred; HB2672 (housing disclosure)Heard in Health Committee and recommended that the measure be deferred
Massachusetts: H1106 (multi-unit housing)Accompanied a study order, see H4209; H4209 (housing)—Discharged to the committee on House Rules
New Jersey: S1741 (housing)
New York: A00035 (housing disclosure)Reported referred to codes; 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
Rhode Island: SB2624 (public housing)Health and Human Services Committee recommended measure be held for further study
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)—Session Adjourned
California: SB140 (e-cigarette use)Carry over; SB5x (e-cigarette use)—Sent to Governor
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)—Rule 19(a) / Re-referred to Rules Committee
Kentucky: SJR119 (e-cigarette use in prisons)—Session Adjourned
Massachusetts: H2050 (e-cigarette use and sales)Accompanied a new draft S2152; S1119 (e-cigarette use and sales)—Accompanied a new draft S2152; S2152 (broad tobacco control bill)—Substituted by S2234; S2234 (broad tobacco control bill)—Substituted for S2234, amended, and passed Senate
Minnesota:
SF1135 (e-cigarette use)—Carry over; SF1762 (e-cigarette use)—Carry over; HF1183 (e-cigarette use)—Carry over; HF1253 (e-cigarette use)—Carry over; HF2089 (e-cigarette use)—Carry over
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)Scheduled for hearing and/or consideration 3/30; H7664 (e-cigarette use)House Committee on Health, Education and Welfare recommended measure be held for further study
Tennessee: HB0673/SB0595 (e-cigarette use)—Session Adjourned; SB0645/HB0520 (e-cigarette use)—Session Adjourned
Vermont: H0171 (e-cigarette use)—Passed House and Senate
Washington: HB1645 (e-cigarette sales)By resolution, reintroduced and retained in present status; SB5573 (e-cigarette sales)—By resolution, reintroduced and retained in present status
Wisconsin: AB106 (e-cigarette use on school property)Failed to pass pursuant to Senate Joint Resolution 1; AB146 (e-cigarette use)—Failed to pass pursuant to Senate Joint Resolution 1; SB120 (e-cigarette use)—Failed to pass pursuant to Senate Joint Resolution 1

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

California: AB2300 (marijuana use near schools)—Amended and re-referred to the Judiciary Committee
Colorado:
HB1092 (marijuana use at public events)—Postponed Indefinitely by House Committee on Public Health Care & Human Services
Massachusetts: H1666 (smokefree laws and marijuana)Carry over; H1667 (smokefree laws and marijuana)
New Hampshire: HB473 (veterans' home marijuana use)Carry over
Washington: HB2693 (marijuana smoking lounge)By resolution, reintroduced and retained in present status

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

California: AB9x (K-12 school campuses)—Sent to Governor; AB1594 (college campuses)—Passed Assembly on vote of 48-24, sent to Senate; SB1470 (technical amendment)—Passed Senate on vote of 25-10, sent to Assembly
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)Rule 19(a) / Re-referred to Rules Committee; SB2500 (technical change); HB5265 (technical change)
Louisiana: HB218 (school campuses)—Pulled by sponsor in Senate
Massachusetts: H1954 (tobacco free pharmacies)Accompanied a new draft S2152; S1137 (tobacco free pharmacies)Accompanied a new draft S2152
Missouri:
HB1450 (foster care); HB1669 (state capital)
Nebraska: LB557 (child care provider)—Indefinitely postponed; Session Adjourned
New Jersey: A263 (college residences); A2368 (penalty for smokefree violation); S1731 (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


Legislation Enacted this Session

Arizona: SB1487 (broad preemption threat)—Signed by Governor
Guam:
Bill 143-33 (bars)Became law without Governor's signature
Hawaii: SB305 (health systems property)—Signed by Governor
Northern Marianas Islands: SB19-23 (e-cigarette use)—Signed by Governor
U.S. Virgin Islands: 31-0115 (cigar factory exemption)Approved by Governor
Virginia: HB1348 (vehicles with minors)Signed by Governor
Washington: SB6328 (preemption of outdoor e-cigarette use)—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

S2234—(broad tobacco control bill)—An Act to protect youth from the health risks of tobacco and nicotine addiction—Substituted for S2234, amended, and passed Senate
https://malegislature.gov/Document/Bill/189/Senate/S2234.pdf
https://malegislature.gov/Bills/189/Senate/S2234/History
This bill broadly expands tobacco control protections: it defines smoking to include the use of e-cigarettes; prohibits the use of tobacco products on the grounds of primary, secondary, and vocational schools; 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; prohibits the sale of tobacco products to people under age 21; prohibits the sale of tobacco products via vending machines; and requires nicotine liquids to be sold in child resistant packaging.
Preemptive: No
Anti-Preemption Clause: No