Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 5/20/2016

May 20, 2016

Legislative sessions in many states have adjourned. Legislatures that have not yet adjourned for 2016 are: California, Delaware, Illinois, Kansas, Louisiana, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, and Vermont.

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 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:

Minnesota: HF3653 (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

· 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
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); A3773 (cigar bar exemption)
Ohio: SB295 (smoking club exemption)
Vermont: H764 (cigar bar exemption)

· The following states have preemptive bills:

Massachusetts: H1951 (tobacco sales preemption)Accompanied a study order, see H4242; H1950 (tobacco sales preemption)—Accompanied a study order, see H4242
Oklahoma: SB1289 (broad preemption)Second reading referred to General Government Committee
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:

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 Appropriations Committee, read second time, ordered to third reading; SB1333 (state parks and beaches)—Appropriations Committee voted 6-0 to put on suspense file
District of Columbia:
B21-0686 (tobacco free stadiums)
Minnesota: HF4008 (sports stadiums); SF3624 (sports stadiums)
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)Passed Senate Health, Human Services and Senior Citizens Committee on vote of 8-0


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)—Amended and recommitted to Health Committee
Vermont: H0416 (reasonable distance)—Carry over

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

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:

California: SB140 (e-cigarette use)Carry over
Guam: Bill 141-33 (e-cigarette use)—Public hearing scheduled for 5/23
Illinois: HB2404 (use of electronic cigarettes)Rule 19(a) / Re-referred to Rules Committee
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)Reprinted as amended, see S2269; S2269 (broad tobacco control bill)—Passed Senate on vote of 32-2
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
Vermont: H0171 (e-cigarette use)—Signed by Governor
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)Passed Assembly on vote of 77-0, sent to Senate
Massachusetts: H1666 (smokefree laws and marijuana)Carry over; H1667 (smokefree laws and marijuana)
New Hampshire: HB473 (veterans' home marijuana use)Carry over

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

California: 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)Amended in Senate and passed to third reading and final passage
Massachusetts: H1954 (tobacco free pharmacies)Accompanied a new draft S2152; S1137 (tobacco free pharmacies)Accompanied a new draft S2152; H4242 (tobacco free pharmacies)—Discharged to the committee on House Rules
Missouri:
HB1450 (foster care); HB1669 (state capital)
New Jersey: A263 (college residences); A2368 (penalty for smokefree violation); S1731 (penalty for smokefree violation)Passed Senate on vote of 30-1, sent to Assembly State and Local Government Committee; S2135 (pharmacies)
New York:
S02920 (tobacco free pharmacies)Carry over; A07206 (day care facilities)—Carry over; A08371 (hotels)—Reported referred to codes
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
California:
AB7x (workplaces)—Signed by Governor; SB5x (e-cigarette use)—Signed by Governor; AB9x (K-12 school campuses)—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
Vermont: H0171 (e-cigarette use)—Signed 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)

Minnesota

SF3624—(sports stadiums)—An Act relating to health
https://www.revisor.mn.gov/bills/text.php?number=SF3624&version=0&session=ls89&session_year=2016&session_number=0&format=pdf
https://www.revisor.mn.gov/bills/bill.php?f=SF3624&b=senate&y=2016&ssn=0
This bill prohibits the use of tobacco and electronic smoking devices in sports stadiums, which are defined as a facility or ballpark where a Minnesota-based professional sports team plays its home games.
Preemptive: No
Anti-Preemption Clause: No

New Jersey

A3773—(cigar bar exemption)—An Act concerning cigar bars and lounges
http://www.njleg.state.nj.us/2016/Bills/A4000/3773_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A3773
This bill provides that cigar bars and lounges may renew lapsed registration to permit indoor smoking under certain circumstances.
Preemptive: No
Anti-Preemption Clause: No

A3792—(tobacco free pharmacies)—An Act concerning tobacco and electronic smoking devices
n/a
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A3792
This bill prohibits the sale of tobacco products and electronic smoking devices at pharmacies.
Preemptive: No
Anti-Preemption Clause: No