Preemption Watch Bill Tracking Summary

Publication Date: 2/5/2010

February 5, 2009

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.

In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.no-smoke.org/pdf/preemptionstrikeforce.pdf.

Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation.

The new and pending legislative bills are classified below into seven 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.

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.
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:

Alaska: HB304 (workplaces, restaurants, bars and gaming)
Indiana: SB95 (workplaces, restaurants, bars and gaming); SB233 (workplaces, restaurants, bars and gaming)
Iowa: HF6 (casinos)-Carried over to 2010; HF174 (casinos and patios)-Carried over to 2010
Kansas: SB25 (workplaces, restaurants and bars)-Carried over to 2010; HB2221 (workplaces, restaurants and bars)-Carried over to 2010
Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)-Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010
Mississippi: HB54 (workplaces, restaurants, bars and gaming)-Died
Missouri: HB1766 (workplaces, restaurants and bars)
New Hampshire: HB1475 (workplaces and public places)-Executive session scheduled for 2/4
New Jersey: A1062 (casinos); S423 (casinos)
New York: S03388 (tribal gaming)-Carried over to 2010; Referred to Investigations and Government Operations Committee
Oklahoma: HB1040 (preemption repeal)-Carried over to 2010; HB1728 (workplaces, restaurants and bars)-Carried over to 2010; SB925 (preemption repeal)-Carried over to 2010; HB2343 (workplaces, restaurants and bars)-Second Reading referred to Public Health; SB1809 (workplaces, restaurants and bars)-Second Reading referred to Appropriations
Pennsylvania: HB58 (preemption repeal)-Carried over to 2010; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010
Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010
Vermont: H0118 (workplaces)-Carried over to 2010
Virginia: HB1351 (publicly owned buildings)
West Virginia: SB360 (workplaces, restaurants, bars and gaming)
Wisconsin: AB253 (workplaces, restaurants, and bars)-Carried over to 2010

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

Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010
Mississippi: HB486 (tax revenue prohibition)-Died
Oklahoma: HB1311 (age restriction)-Carried over to 2010; SB1036 (task force)-Carried over to 2010
South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010
Tennessee: SB431 (signage)

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

D.C.: B18-0084 (exemption)-Carried over to 2010
Hawaii: SB1347 (smoking license exemption)-Carried over to 2010
Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010
Iowa: HF44 (bar patios)-Carried over to 2010; HF210 (age exemption)-Carried over to 2010; HF358 (bar exemption)-Carried over to 2010; HF544 (elimination of signage requirement)-Carried over to 2010; HF731 (residential treatment exemption)-Carried over to 2010; HF2227 (veteran's club exemption)
Minnesota: HF257/SF270 (bar and bar area of restaurant exemption)-Carried over to 2010; HF2046-(hookah exemption)-Carried over to 2010; SF898-(smoking break rooms)-Carried over to 2010
New Jersey: A461 (tobacco business exemption)
New York: A08982 (retail tobacco shop exemption)-Carried over to 2010; Referred to Economic Development Committee; S06179 (retail tobacco store exemption)-Carried over to 2010; Referred to Health Commerce, Economic Development and Small Business Committee
Ohio: SB120 (cigar bar and family bar exemption)-Carried over to 2010
Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010
South Dakota: HB1253 (age exemption)
Tennessee: HB0163/SB0863 (age restriction)-Carried over to 2010; HB441/SB412 (age restriction)-Carried over to 2010
Wisconsin: SB225 (hotel exemption)-Carried over to 2010; AB295 (hotel exemption)-Carried over to 2010

· The following states have preemptive bills:

Hawaii: HB2691 (preemptive bar exemption)-Hearing scheduled in Judicial and Consumer Protection and Commerce Committees for 2/9; HB2742 (preemptive bar and attached bar exemption); SB2794 (preemptive bar exemption); SB2801 (preemptive bar exemption)
Indiana: HB1131 (workplaces, restaurant)-Amended, Passed House and send to Senate
Iowa: HF362 (preemption; repeals smokefree law)-Carried over to 2010
Kansas: SB81 (preemption; minors only and smoking areas)-Carried over to 2010; HB2642 (preemption)
Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010
Mississippi: SB2143 (preemptive; restricts smoking in some public places)-Died; SB2196 (preemption; gaming)-Died; SB2548 (preemptive; restricts smoking in some public places)-Died
Nebraska: LB600 (preemptive pool hall exemption)-Indefinitely postponed
West Virginia: HB2855 (preemption)-Carried over to 2010; HB2932 (preemptive)-Carried over to 2010

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

Arizona: HB2076 (vehicles with minors)
Hawaii: HB1952 (vehicles with minors)-Passed First Reading and Sent to Health and Judicial Committees
Illinois: HB889 (vehicles with minors)-Carried over to 2010
Maryland: HB438 (vehicles with minors)-Hearing Scheduled in Environmental Matters Committee for 2/16
Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010
Minnesota: HF379/SF359 (vehicles with minors)-Carried over to 2010
Mississippi: HB387 (vehicles with minors)-Died; SB2216 (vehicles with minors)-Died; SB2690 (vehicles with minors)-Died
New Jersey: A1591 (vehicles with minors); S475 (vehicles with minors)
New York: A06288 (vehicles with minors)-Carried over to 2010; Referred to Health Committee; A06714 (vehicles with minors)-Carried over to 2010; Referred to Health Committee; S03191 (vehicles with minors)-Carried over to 2010; Referred to Health Committee
Ohio: SB135 (vehicles with minors)-Carried over to 2010
Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010
South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010
Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010
Virginia: HB186 (vehicles with minors)-House Subcommittee recommends laying on the table
Washington: HB1151 (vehicles with minors)-Re-introduced for 2010

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

California: SB4 (parks/beaches)-Carried over to 2010; Moved from inactive file to third reading file
District of Columbia: B18-042-(reasonable distance)-Passed Final Reading
Hawaii: HB68 (sidewalks)-Carried over to 2010; HB171 (parks and beaches)-Carried over to 2010; HB1509 (beaches)-Carried over to 2010; SB1040 (beaches)-Carried over to 2010; SB2071 (beaches, parks and bus stops)-Deferred by the Health Committee
Massachusetts: HB2162 (reasonable distance)-Carried over to 2010
Michigan: SB906 (state capitol grounds)-Carried over to 2010
Missouri: HB1277 (school property)
New Hampshire: HB1186 (parks)-Public hearing scheduled for 2/11; HB1194 (beaches)-Public hearing scheduled for 2/11
New Jersey: S443 (outdoor public places); S684 (youth; outdoors); S669 (parks and beaches); A1853 (state parks and beaches); S889 (state-owned beaches)
New York: A00577 (reasonable distance)-Carried over to 2010; Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Carried over to 2010; Referred to Health Committee; A07362 (reasonable distance)-Carried over to 2010; Referred to Health Committee; S05005 (playgrounds)-Carried over to 2010; Referred to Health Committee
Tennessee: SB3719/HB3748 (library grounds)
Vermont: H0046 (reasonable distance)-Carried over to 2010; H501 (government building grounds); H568 (reasonable distance)

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

Hawaii: HB66 (public housing)-Carried over to 2010; HB67 (housing)-Carried over to 2010; HB886 (compliance)-Carried over to 2010; HB1486 (prisons)-Carried over to 2010; HB1579 (prisons)-Carried over to 2010; SB56 (compliance)-Carried over to 2010; SB455 (public housing)-Carried over to 2010; SB596 (housing)-Carried over to 2010; SB1050 (beaches)-Carried over to 2010
Iowa: HF2015 (gaming exemption referenda)
Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (technical amendment)-Carried over to 2010; SB2314 (technical amendment)-Carried over to 2010
Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Carried over to 2010; HB1243 (elderly housing)-Carried over to 2010; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Carried over to 2010
Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010
Minnesota: HF1142 (psychiatric hospitals)-Carried over to 2010
Mississippi: HB351 (prisons)-Died; HB672 (voluntary policies)-Died; HB673 (prisons)-Died; HB964 (youth recreation)-Died; SB2233 (youth recreation)-Died; SB2644 (youth recreation)-Substituted and Passed Public Health and Welfare Committee
Nebraska: LB861 (technical amendment)-Hearing set for January 25
New Hampshire: HB1541 (e-cigarettes at educational facilities)
New Jersey: A512 (state vehicles); S446 (housing)
New York: S1234 (tobacco free pharmacies)-Carried over to 2010; Referred to Health Committee; A05890 (tobacco free pharmacies)-Carried over to 2010; Referred to Health Committee; A06542 (public housing)-Carried over to 2010; Referred to Health Committee; S03242 (playgrounds)-Carried over to 2010; Referred to Health Committee; A08700 (housing)-Carried over to 2010; Referred to Judiciary Committee
Oklahoma: HB2748 (educational facilities)-Amended by committee substitute Higher Education and Career Tech Committee; SB1674 (educational facilities)-Amended and Passed Appropriations Committee; SB1826 (name change)-Second Reading referred to Rules
Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)
South Carolina: S31 (schools)-Carried over to 2010
Utah: HB71 (e-cigarette restrictions)-Bill Substituted by House Committee; HB88 (e-cigarette restrictions)-Passed House and sent to Senate
Washington: HB2257 (tobacco-free health care)
West Virginia: SB24 (tobacco free pharmacies)

Legislation Enacted this Year

New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor
Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor