Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 6/19/2015

June 19, 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.

We continue to see concerted efforts to pass preemptive legislation in tobacco control as well as other public health, social justice, environmental, and safety issues. Other industries are taking a page from the playbook created by the tobacco industry and their allies. A recent AP article highlights the rapid spread of efforts around the U.S. that seek to eliminate effective local control. An earlier article from The Center for Media and Democracy titled The ALEC-Backed War on Local Democracy is a very interesting look at the concerted efforts that are underway to preempt meaningful local policy change across the U.S.

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)Committee 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:

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)—Passed Senate, sent to House Committee on Judiciary
Maine:
LD821 (cigar lounge exemption)—Amended and Passed Senate
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)2nd Special Session: reintroduced and retained in present status; SB5917 (cigar lounge and retail tobacco exemption)—2nd Special Session: reintroduced and retained in present status

· The following states have preemptive bills:

Connecticut:
HB6283 (electronic cigarette use; preemptive)—Officially enacted   
Massachusetts: H1951 (tobacco sales preemption)
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)
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); SB545 (vehicles with minors); SB756 (vehicles with minors)Referred to Judiciary, then Implementing Measure 91
Pennsylvania: HB109 (vehicles with minors); HB667 (vehicles with minors)
Rhode Island: SB254 (vehicles with minors)Passed Senate, sent to House Judiciary Committee

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

Hawaii: HB525 (parks)—Governor will sign on 6/19
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)
Rhode Island: SB124 (beaches)Committee recommended measure be held for further study; HB5627 (beaches)House Judiciary Committee recommended measure be held for further study

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

Massachusetts: H1106 (multi-unit 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)Committee recommended measure be held for further study

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

California: SB140 (e-cigarette use)—Referred to Assembly Committee on Governmental Organization
Delaware:
HB5 (e-cigarette use)Passed the Senate
Illinois: HB2404 (use of electronic cigarettes)Pulled by sponsor
Maine: LD1108 (e-cigarette use)—Amended and passed House and Senate
Massachusetts: H2050 (e-cigarette use and sales); S1119—(e-cigarette use and sales)
New York: A02595 (e-cigarette use); S02202 (e-cigarette use)Amended on Third Reading; 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)
Pennsylvania: HB954 (e-cigarette use in schools)—Passed House, sent to Senate; HB1189 (e-cigarette use in schools)
Rhode Island: HB5690 (e-cigarette use)Committee recommended measure be held for further study; SB489 (e-cigarette use)Committee recommended measure be held for further study
Vermont: S139 (e-cigarette use and tax)Amended to remove relevant information; Sent to Governor
Washington: HB1645 (e-cigarette sales)2nd 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)Passed Senate; AB768 (baseball stadiums)—Referred to Senate Committees on Governmental Organization & Labor and Industrial Relations; AB1147 (pediatric day and health care)Amended and re-referred to Senate Health Committee
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)Passed both houses
Massachusetts:
H1666 (smokefree laws and marijuana); H1954 (tobacco free pharmacies); S1137 (tobacco free pharmacies)
New Hampshire
:
HB473 (veterans’ home marijuana use)Conference committee meeting on 6/10
New Jersey: S321 (penalty for smokefree violation)Passed the Senate 37-1; A3172 (local penalties); A4507 (college residences)
New York:
S00993 (after-school programs)—Substituted for A5917a in Assembly Health Committee and ordered to third reading; 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)—Committee recommended measure be held for further study; SB303 (smoking bars)—Senate passed as amended; HB5689 (smoking bar requirements)Committee recommended measure be held for further study; HB5701 (tobacco free pharmacies)Committee recommended measure be held for further study



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)—Officially enacted
Hawaii: HB940 (use of electronic cigarettes)—Signed by Governor
Idaho: HB121 (reduces penalty)Signed by Governor
Indiana:
SB463 (cigar bar exemption)Signed by Governor
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