Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 5/22/2015

May 22, 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:

Connecticut: SB189 (private clubs)
Iowa: SF36 (casinos); HF102 (casinos)
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); HB996 (gaming)
Rhode Island: SB287 (gaming)Committee recommended measure be held for further study
Texas: SB87 (workplaces, restaurants, and bars)

· 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)
Oklahoma:
SJR24 (partial smokefree protections)

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

Connecticut: HB5630 (tobacco bars)
Indiana: SB463 (cigar bar exemption)—Signed by House Speaker and Senate President
Kansas: SB255 (research facility exemption)—Passed Senate, sent to House Committee on Judiciary
Maine:
LD821 (cigar lounge exemption)
Minnesota
:
SF611 (repeals smokefree law)—Session Adjourned
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)
Washington: HB1296 (cigar lounge and retail tobacco exemption)1st Special Session: reintroduced and retained in present status; SB5917 (cigar lounge and retail tobacco exemption)1st Special Session: reintroduced and retained in present status

· The following states have preemptive bills:

Connecticut:
HB6283 (electronic cigarette use)House Passed as Amended
Massachusetts: H1951 (tobacco sales preemption)
Texas: SB343 (broad preemption); HB540 (ballot preemption)—Left pending in committee; SB360 (preemption re: takings); SB1537 (tobacco business preemption); SB1673 (broad 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:

Connecticut: HB6285 (vehicles with minors)Favorable report from Public Health Committee
Massachusetts:
H1976 (vehicles with minors)
New Jersey
:
A826 (vehicles with minors); S828 (vehicles with minors); S2883 (vehicles with minors)
New York: A01982 (vehicles with minors); S03155 (vehicles with minors)
Ohio: SB89 (vehicles with minors)
Oklahoma: HB1341 (vehicles with minors); HB1506 (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)—Placed on Senate Calendar for 5/26
Texas: HB461 (vehicles with minors)Committee report sent to Calendars 

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

Connecticut:
HB5941 (rail platforms)
Hawaii: HB525 (parks)Sent to Governor
Missouri:
HB1065 (school property)Referred to House Elementary and Secondary Education Committee
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)—Advanced to 3rd reading; 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
Vermont:
H0416 (reasonable distance)—Session Adjourned

· 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
Vermont:
H509 (housing reasonable distance)—Session Adjourned

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

California: SB140 (e-cigarette use)Held on the suspense file in Senate Appropriations Committee; SB24 (enforcement for sales to minors; e-cigarette use)Held on the suspense file in Senate Appropriations Committee
Connecticut:
HB5219 (electronic cigarette use in schools)Public Hearing scheduled for 2/23; HB5449 (electronic cigarette use)Public Hearing in Committee on Public Health on 3/11
Delaware:
HB5 (e-cigarette use)Assigned to Senate Health & Social Services Committee
Illinois: HB2404 (use of electronic cigarettes)Pulled by sponsor
Maine: LD1108 (e-cigarette use)
Massachusetts: H2050 (e-cigarette use and sales); S1119—(e-cigarette use and sales)
Minnesota: SF1135 (e-cigarette use)—Session Adjourned; HF1183 (e-cigarette use)—Session Adjourned; HF1253 (e-cigarette use)—Session Adjourned; SF1762 (e-cigarette use)—Session Adjourned; HF2089 (e-cigarette use)—Session Adjourned
Nevada: SB201 (e-cigarette use)No further action allowed
New York: A02595 (e-cigarette use); S02202 (e-cigarette use)Advanced to Third Reading; A01496 (e-cigarettes use, tobacco sales from 18 to 21); S04156 (e-cigarette use); A05955 (e-cigarette use)—Amended and recommitted to Codes Committee
Oregon: HB2546 (e-cigarette use)—Sent to Governor; SB340 (e-cigarette use)
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
Texas: HB170 (e-cigarette use)—Laid on the table subject to call; HB456 (e-cigarette use at schools)Passed House and sent to Senate; SB96 (e-cigarette use at schools)—House Public Education Committee report sent to Calendars; SB97 (e-cigarette use)—Sent to Governor
Vermont: H0171 (e-cigarette use)—Session Adjourned; S139 (e-cigarette use and tax)—Sent to Governor
Washington: HB1645 (e-cigarette sales)1st 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)Appropriations Committee hearing cancelled at request of author; AB1147 (pediatric day and health care)—Passed Assembly Appropriations 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)—Placed on Senate Calendar Order of 3rd Reading for 5/20
Iowa:
SF24 (one smokefree casino); SF139 (one smokefree casino)Passed Senate State Government Subcommittee; HF255 (two smokefree casinos); HF336 (new casinos)
Nebraska: LB557 (child care provider)
Massachusetts:
H1666 (smokefree laws and marijuana); H1954 (tobacco free pharmacies); S1137 (tobacco free pharmacies)
New Hampshire
:
HB473 (veterans’ home marijuana use)Ought to Pass with Amendment
New Jersey: S321 (penalty for smokefree violation)Passed the Senate 37-1; A3172 (local penalties)
New York:
S00993 (after-school programs)—Passed Senate and sent to House Health Committee; S02920 (tobacco free pharmacies)First and Second report calendar; A05917 (after-school programs)Amended and recommit to health; A07206 (day care facilities)
North Carolina: H580 (foster care)Passed first reading and referred to Health Committee
Oklahoma: SB674 (school property)Passed House Common Education
Pennsylvania: HB1065 (taxis)
Rhode Island: HB5224 (smoking bars)—Committee recommended measure be held for further study; SB303 (smoking bars)—Scheduled for consideration on 5/26; HB5689 (smoking bar requirements)Committee recommended measure be held for further study; HB5701 (tobacco free pharmacies)Committee recommended measure be held for further study
Texas:
HB2352 (state capitol grounds)



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
Hawaii: HB940 (use of electronic cigarettes)—Signed by Governor
Idaho: HB121 (reduces penalty)—Signed by Governor
Nebraska: LB118 (cigar shop exemption—Signed by Governor
Oklahoma: HB1685 (school property)—Signed by Governor
Tennessee: SB411 (preemptive e-cigarette exemption)—Signed by Governor
Wyoming: HB174 (school property; harm reduction)—Signed by Governor