Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 5/26/2017

May 26, 2017

The Campaign to Defend Local Solutions put together a great infographic on The Threat of Super-Preemption. Super-Preemption laws fine, punish, and intimidate local officials for doing their job. This infographic highlights the negative impacts these laws have on cities, counties, local officials, and taxpayers alike.

ANR will be sending out Preemption Watch on a less frequent basis as this service is not currently funded. We continue to monitor this important legislation with an eye to protecting local control.

Many state legislatures have wrapped up their 2017 sessions, while a smaller number remain in year-long sessions. Please email ANR with any new smokefree bills—or anticipated bills that we should keep our eyes open for in 2017—as well as preemption attempts in your state and we will be sure to add them to Preemption Watch.

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: SB63 (workplaces, restaurants, and bars)—Session Adjourned
Connecticut: HB7089 (workplaces; preemption repeal)Hearing in Joint Committee on Public Health on 3/20
Indiana
:
HB1313 (bars and gaming)—Session Adjourned
Iowa: SF249 (gaming)—Session Adjourned; SF261 (gaming)—Session Adjourned
New Jersey: A2936 (casinos); S1517 (casinos)
New York:
A01514 (hotels)Reported referred to codes
Pennsylvania: HB810 (gaming); SB519 (preemption repeal, restaurants, bars, and gaming); HB888 (bars); HB1309 (preemption repeal, restaurants, bars, and gaming)
Rhode Island: S0357 (gaming facilities)Committee recommended measure be held for further study
Tennessee: HB0071 (partial local control); SB0123 (partial local control)Assigned to General Subcommittee of Senate Commerce and Labor Committee; HB0122 (restore local control); HB0279 (partial local control)Taken off notice in Agriculture and Natural Resources Committee; SB0278 (partial local control)—Deferred to Summer Study; SB0303 (restore local control)—Deferred to Summer Study; SB1369 (partial local control)—Companion bill signed by Governor

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

[none]

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

Arkansas:
SB311 (weaken state law)—Died when Session Adjourned
Colorado
:
SB184 (exemption for marijuana clubs)—Session Adjourned
Indiana:
SB459 (ceremonial use in hospitals)—Session Adjourned
Iowa:
SF107 (signage)—Session Adjourned
Maine:
LD34 (cigar lounge exemption)—Failed on Senate vote 7-25
Maryland: SB0775 (cigar bar alcohol license)—Session Adjourned
Nevada: SB236 (marijuana license)Passed Senate Judiciary Committee
New Hampshire: HB279 (cigar bar exemption)Tabled on voice vote
New Jersey:
A617 (e-cigarette lounge exemption); A2057 (cigar bar exemption)—Passed Senate Community and Urban Affairs Committee on 12/15, Referred to Senate Health, Human Services and Senior Citizens Committee; A2129 (e-cigarette shop exemption); S531 (research exemption); S1487 (cigar bar exemption); A3439 (cigar bar exemption); A3773 (cigar bar exemption)—Passed by the Assembly (64-3-7) and Referred to Senate Health, Human Services and Senior Citizens Committee; A3975 (research exemption); S2566 (cigar bar exemption)—Passed Senate Community and Urban Affairs Committee on 12/15, Referred to Senate Health, Human Services and Senior Citizens Committee; S2571 (cigar bar exemption); S2766 (e-cigarette shop exemption)
Oregon: HB2735 (smoke shop amendment)Hearing scheduled in Committee on Health Care on 3/10; HB2736 (smoke shop amendment)Public hearing held on 3/27; SB307 (marijuana lounges and events exemptions)—Public hearing scheduled for 5/30 in Joint Committee on Marijuana Regulation; SB788 (marijuana lounges and events exemptions); SB799 (e-cigarette exemption)—Public hearing held on 3/30
Washington: HB1919—(cigar lounge and retail tobacco exemption)—Reintroduced and retained in present status for 2nd special session

· The following states have preemptive bills:

Florida: HB17 (broad preemption)—Died in Commerce Committee; SB1158 (broad preemption)—Died in Commerce and Tourism Committee
Massachusetts: H1158 (board of health preemption)
New York
:
S00736 (preemptive casino patio exemption); A04316 (preemptive casino patio exemption)
Texas: HB1279 (cigar bar preemption); HB1348 (cigar bar preemption)

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

Connecticut: HB05663 (vehicles with minors); HB05807 (vehicles with minors); HB06298 (vehicles with minors); HB06691 (vehicles with minors)
Hawaii: HB61 (vehicles with minors)—Session Adjourned; SB261 (vehicles with minors)—Session Adjourned; SB282 (vehicles with minors)—Session Adjourned
Illinois: SB1221 (vehicles with minors)—Rule 3-9(a) / Re-referred to Assignments
Massachusetts: H1170 (vehicles with minors)
New Hampshire:
SB145 (vehicles with minors)Pending Motion Re-refer to Committee
New Jersey:
A3860 (vehicles with minors)
New York: A05096 (vehicles with minors); S05209 (vehicles with minors)
Oklahoma: HB1344 (vehicles with minors)—Session Adjourned
Oregon: SB122 (vehicles)
Pennsylvania: SB332 (vehicles with minors); HB607 (vehicles with minors); HB886 (vehicles with minors)
South Carolina: H3241 (vehicles with minors)—Session Adjourned

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

California: AB725 (state parks and beaches)Passed Committee on Water, Parks and Wildlife on 8-4 vote; referred to Appropriations Committee; SB386 (state parks and beaches)—Passed Appropriations Committee 5-2
Connecticut:
SB00313 (recreation spaces); SB1001 (state parks)—Tied vote in Senate 18-18 on 5/24; Filed with Legislative Commissioners' Office
Hawaii: SB134 (college campuses)—Session Adjourned; HB429 (college campuses)—Session Adjourned; HB1153 (college campuses)—Session Adjourned; SB1019 (college campuses)—Session Adjourned
Illinois:
HB3221 (youth sporting events)—Rule 19(a) / Re-referred to Rules Committee
Louisiana:
HB531 (tobacco use on school property)—Passed House and sent to Senate Committee on Education
Massachusetts: H1176 (public gatherings)
New Jersey: A2428 (state beaches/parks); A2623 (sections state beaches/parks); S1016 (state beaches/parks); S1734 (parks and beaches)—Substituted by A893
New York: A00330 (library entrances); S00169 (library entrances); A00837 (parks and pedestrian plazas); A00857 (distance to doorways); A01656 (college campuses)—Advanced to 3rd Reading; S04523 (parks)—Advanced to 3rd Reading; S05210 (parks and plazas)
Vermont: H187 (reasonable distance)—Session Adjourned

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

California: AB62 (public housing)—Passed Appropriations Committee 11-5, sent to Third Reading
Hawaii:
SB151 (condominiums)—Session Adjourned; HB267 (condominiums)—Session Adjourned; HB829 (public housing violations)—Session Adjourned
Massachusetts: H2448 (public housing distance); H3602 (condominiums)—Hearing held 5/16
New Jersey:
S1741 (housing)
New York: A00026 (housing disclosure); S02723 (reasonable distance; housing disclosure); S02760 (housing disclosure); A04511 (public housing); A05037 (housing disclosure); A05061 (adult care facilities); A05161 (reasonable distance; housing disclosure); S04496 (adult care facilities)
Rhode Island: H5522 (lease termination); H5741 (housing common areas)
Vermont: H127 (all multi-unit housing)—Session Adjourned

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

Arizona: SB1516 (e-cigarette use)—Session Adjourned
Arkansas:
SB285 (e-cigarette use)—Died when Session Adjourned
Massachusetts: SD1353 (broad tobacco control bill)—Hearing held 5/16; H2864 (broad tobacco control bill)—Hearing held 5/16
Montana:
SB147 (e-cigarette use)—Session Adjourned
New York: S00729 (e-cigarette use); A00516 (e-cigarette use)—Passed Assembly, sent to Senate; A00749 (e-cigarette use; tobacco 21); S02543 (e-cigarette use); A03829 (e-cigarette use)
Rhode Island: S0446 (e-cigarette use)—Health & Human Services Committee recommends passage of Substitute A; HB5821 (e-cigarette use)—Scheduled for consideration in Health, Education & Welfare Committee on 5/31

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

Arkansas: HB1989 (medical marijuana)—Died when Session Adjourned
Maine: LD799 (disclosure re: marijuana)
Maryland: SB0445 (marijuana use)—Session Adjourned; HB1043 (marijuana use)—Session Adjourned

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

Connecticut:
HB05762 (rehabilitation programs)
Illinois:
SB0469 (technical change)On Calendar for 3rd Reading on 3/29; HB2009 (technical change)—Passed Executive Committee; HB2012 (technical change)—Passed Executive Committee; SB116 (technical change)—Placed on Calendar Order of 3rd Reading May 10; SB2009 (technical change)
Massachusetts:
SD253 (tobacco-free pharmacies)—Hearing held 5/16; SD1089 (tobacco-free pharmacies)—Hearing held 5/16; H1217 (schools)—Hearing held 5/16; H2455 (tobacco-free pharmacies)—Hearing held 5/16
Michigan: SB181 (child care homes)—Passed Senate and sent to House
New Hampshire: HB175 (cigar bar definition)—Inexpedient to Legislate
New Jersey: A263 (college residences); A2368 (penalty for smokefree violation)Assembly Floor Amendment Passed on 10/20; S1731 (penalty for smokefree violation)—Assembly Floor Amendment Passed on 10/20; S2135 (pharmacies)
New York:
A00397 (child care)
Oklahoma: HB2174 (technical change)—Session Adjourned
Tennessee: HB0009 (college campuses)—Companion bill signed by Governor; SB0116 (college campuses)—Signed by Governor
Texas: SB228 (local control affirmation); HB2652 (state buildings and college campuses)Referred to Public Health


Legislation Enacted this Session

Arkansas: HB1400 (medical marijuana)—Signed by Governor
Tennessee: HB0113 (partial local control)—Signed by Governor; SB0116 (college campuses)—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)

Pennsylvania

HB1309—(preemption repeal, restaurants, bars, and gaming)—An Act amending the Clean Indoor Air Act
http://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2017&sessInd=0&billBody=H&billTyp=B&billNbr=1309&pn=1649
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2017&sind=0&body=H&type=B&bn=1309
This bill repeals preemption and allows for local smokefree ordinances. The bill also amends the Clean Indoor Air Act to eliminate many exemptions that allow indoor smoking, including in bars, gaming facilities, and private clubs.
Preemptive: No
Anti-Preemption Clause: YES
EXEMPTIONS: Smoking will continue to be allowed in private residences except when used as child/adult day care facilities.