Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 3/23/2015

March 23, 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.

In 2014, we expect to see attempts at preemptive legislation not just in tobacco control but in across public health issues, including nutrition and anti-obesity efforts. Of particular concern are bills that could preempt multiple public health issues including tobacco control. As you prepare for your 2014 legislative sessions, check out a cross-issue preemption fact sheet from Grassroots Change.

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:

Alaska: SB1 (workplaces, restaurants, and bars)Passed Health and Social Services Committee, and referred to State Affairs Committee
Connecticut: SB189 (private clubs)
Iowa: SF36 (casinos); HF102 (casinos)
Kentucky: SB189 (workplaces, restaurants, bars, gaming facilities)—Referred to Senate Veterans, Military Affairs, & Public Protection Committee
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)
Rhode Island: SB287 (gaming)
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:

Arkansas: HB1721 (long-term care facilities)—Transmitted to the Governor's Office
Indiana: SB115 (membership club exemption); HB1235 (smoking and electronic cigarette regulation)
Kentucky: HB145 (workplaces, restaurants, bars, gaming facilities; opt-out provision)Discharge petition filed
New Jersey: A2358 (areas of state beaches/parks)
Oklahoma:
SJR24 (partial smokefree protections)
Wyoming:
HB174 (school property; harm reduction)—Signed by Governor

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

Connecticut: HB5630 (tobacco bars)
Idaho
:
HB121 (reduces penalty)—Passed Senate and returned to House
Maine: LD821 (cigar lounge exemption)
Minnesota
:
SF611 (repeals smokefree law)—Amendments adopted
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)
Tennessee: HB1235 (age-restricted venues)—Placed on calendar of Agriculture and Natural Resources Subcommittee for 3/24
Washington: HB1296 (cigar lounge and retail tobacco exemption)Amended and passed Committee on Commerce & Gaming, Referred to Health Care & Wellness; SB5917 (cigar lounge and retail tobacco exemption)

· The following states have preemptive bills:

Texas: SB343 (broad preemption); HB540 (ballot preemption)—Left pending in committee; SB360 (preemption re: takings); SB1537 (tobacco business preemption); SB1673 (broad preemption)
West Virginia: SB109 (preemption re veterans’ organizations)—Session Adjourned; HB2208 (preemption re boards of health)—Session Adjourned; HB2646 (preemption)—Bill died in Conference Committee; Session Adjourned

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

Connecticut: HB6285 (vehicles with minors)—Vote to draft
Florida:
SB548 (vehicles with minors)Passed Regulated Industries Committee, sent to Health Policy Committee; HB671 (vehicles with minors)—Passed Highway and Waterway Safety Committee, sent to Transportation and Economic Development Appropriations Subcommittee
Georgia:
SB130 (vehicles with minors)—Passed Senate; sent to House Judiciary Non-Civil Committee
Illinois:
SB0729 (vehicles with minors)
Maryland: HB0357 (vehicles with minors)—Hearing on 2/19 in Environment and Transportation Committee
Massachusetts:
H1976 (vehicles with minors)
Nevada: AB322 (vehicles with minors)

New Hampshire
:
SB162 (vehicles with minors)—Inexpedient to Legislate: Bill Killed
New Jersey
:
A826 (vehicles with minors); S828 (vehicles with minors)
New Mexico: HB148 (vehicles with minors)—Session Adjourned
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)—Scheduled for hearing and/or consideration on 3/24
Texas: HB461 (vehicles with minors)—Public hearing held and left pending in committee
Virginia: HB2171 (vehicles with minors)—Session Adjourned

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

Connecticut:
HB5941 (rail platforms)
Hawaii: SB305 (health systems property)Passed Senate and sent to House Health and Judiciary Committees; HB525 (parks)—Hearing scheduled for 3/20 in Senate Committee on Health; HB586 (health system campuses)—Passed Senate Health Committee; HB876 (coastal areas); SB1342 (coastal areas)
Maryland:
HB0585 (parks)—Second Reading Passed Economic Matters Committee with Amendments
Missouri:
HB1065 (school property)
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); S01105 (reasonable distance; housing disclosure); A01622 (school bus stop); A01732 (distance to doorways); 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)

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

Hawaii: HB34 (condominiums)Amended and passed Health Committee; SB802 (condominiums)Passed Senate and sent to several House committees
Massachusetts: H1106 (multi-unit housing)
New Jersey: S1636(housing); S1899 (housing disclosure)
New York: A00035 (housing disclosure); S01668 (housing disclosure)
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:

Alaska: HB40 (electronic cigarette use)Amended by sponsor and re-referred to Health Committee; hearing set for March  
Arkansas:
SB447 (electronic cigarette use)Amended and re-referred to Committee on Public Health, Welfare, and Labor; HB1722 (e-cigarette use on college campuses)—Passed House, sent to Senate Education Committee
California:
SB140 (e-cigarette use)—Hearing set for April 8 in Health 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; HB6283 (electronic cigarette use and marketing)—Vote to draft
Delaware: HB5 (e-cigarette use)

Hawaii: SB18 (use of electronic cigarettes)Committee on Health deferred the measure; SB299 (electronic cigarette use, sales, and tax)—Hearing deferred in Committee on Health and Committee on Commerce and Consumer Protection; HB349 (electronic cigarette use, sales, and tax)—Committee on Consumer Protection and Commerce recommends bill be deferred; HB585 (use of electronic cigarettes)—Committee on Health recommends bill be deferred; HB940 (use of electronic cigarettes)—Passed Senate Health Committee; SB757 (use of electronic cigarettes)Passed Senate and sent to several House committees; SB1109 (use of electronic cigarettes)—Committee on Health deferred the measure
Illinois: HB2404 (use of electronic cigarettes)
Indiana: HB1169 (use of electronic cigarettes)
Maryland: HB26 (electronic cigarette use)—Unfavorable Report by Economic Matters Committee
Massachusetts: H2050 (e-cigarette use)
Minnesota: SF1135 (e-cigarette use); HF1183 (e-cigarette use); HF1253 (e-cigarette use); SF1762 (e-cigarette use); HF2089 (e-cigarette use)
Nevada: SB201 (e-cigarette use)
New Jersey: A3842 (e-cigarette vapor shop exemption)
New York: A02595 (e-cigarette use); S02202 (e-cigarette use); A01496 (e-cigarettes use, tobacco sales from 18 to 21); S04156 (e-cigarette use); A05955 (e-cigarette use)
Oregon: HB2546 (e-cigarette use)Public hearing scheduled for 3/23 in Senate Health Care Committee; SB340 (e-cigarette use)
Rhode Island: HB5690 (e-cigarette use)—Committee recommended measure be held for further study; SB489 (e-cigarette use)
Tennessee: HB0673/SB0595 (e-cigarette use)SB0595 passed on Second Consideration and referred to Senate Commerce and Labor Committee; SB0645/HB0520 (e-cigarette use)
Texas: HB456 (e-cigarette use at schools)Committee report sent to Local & Consent Calendar; SB96 (e-cigarette use at schools)—Considered in public hearing; SB97 (e-cigarette use)—Passed Senate and sent to House; HB2321 (e-cigarette use)—Scheduled for hearing in Public Health Committee on 3/24
Vermont: H0171 (e-cigarette use)On Agenda for 3/17 in Committee on Human Services
Wisconsin: AB106 (e-cigarette use on school property)

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

California: AB731 (non-substantive changes)—May be heard in committee 3/28; AB768 (baseball stadiums)—May be heard in committee 3/28; AB1147 (pediatric day and health care)—May be heard in committee 3/31
Illinois
:
HB835 (campuses); SB1295 (technical change); HB1832 (technical change); HB1833 (technical change); HB3531 (daycare)
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)
New Hampshire
:
HB473 (veterans’ home)Amended and passed Executive Departments and Administration Committee; SB105 (workplaces)Committee Report: Inexpedient to Legislate; SB105 (workplaces)—Amended and Committee Reported Ought to Pass
New Jersey: S321 (penalty for smokefree violation)Passed the Senate 37-1; A3172 (local penalties)
New York:
S00993 (after-school programs); A05917 (after-school programs)
Oklahoma: SB674 (school property)—Passed House Common Education; HB1685 (school property)Passed House and sent to Senate
Rhode Island: HB5224 (smoking bars)—Scheduled for hearing and/or consideration on 3/25; SB303 (smoking bars); HB5689 (smoking bar requirements); HB5701 (tobacco free pharmacies)
Texas:
HB2352 (state capitol grounds)



Legislation Enacted this Session

Nebraska: LB118 (cigar shop exemption—Signed by Governor
Wyoming: HB174 (school property; harm reduction)—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)

Arkansas

HB1721—(long-term care facilities)—An Act to Limit Smoking in Long-Term Care Facilities—Transmitted to the Governor's Office
http://www.arkleg.state.ar.us/assembly/2015/2015R/Bills/HB1721.pdf
http://www.arkleg.state.ar.us/assembly/2015/2015R/Pages/BillInformation.aspx?measureno=HB1721
This bill amends the current exemption that allows smoking areas inside long-term care facilities to specify that there may only be one indoor smoking area and that it may be used by patients and staff, and it allows an outdoor smoking area for visitors and staff.
Preemptive: No
Anti-Preemption Clause: No

HB1722—(e-cigarette use on college campuses)—An Act to Prohibit the Use of E-Cigarettes on Each Campus of State-Supported Institutions of Higher Education—Passed House, sent to Senate Education Committee
http://www.arkleg.state.ar.us/assembly/2015/2015R/Bills/HB1722.pdf
http://www.arkleg.state.ar.us/assembly/2015/2015R/Pages/BillInformation.aspx?measureno=HB1722
This bill would expand the state law that requires all state-supported colleges and universities to have smokefree campuses by prohibiting the use of e-cigarettes on each campus.
Preemptive: No
Anti-Preemption Clause: No

Delaware

HB5—(e-cigarette use)—An Act relating to the addition of electronic smoking devices to the Clean Indoor Air Act.
http://www.legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HB+5/$file/1031480024.docx?open
http://www.legis.delaware.gov/LIS/LIS148.NSF/vwLegislation/HB+5?Opendocument
This bill would amend the smokefree law to prohibit the use of electronic smoking devices wherever smoking is not allowed.
Preemptive: No
Anti-Preemption Clause: No

Minnesota

HF2089—(e-cigarette use)—An Act expanding the definition of smoking under the Clean Indoor Air Act
http://wdoc.house.leg.state.mn.us/leg/LS89/HF2089.0.pdf
https://www.revisor.mn.gov/bills/bill.php?f=HF2089&b=house&y=2015&ssn=0
This bill amends the state smokefree air law to prohibit the use of e-cigarettes in all smokefree spaces by defining smoking as including the use of an e-cigarette, but it may be interpreted as applying only to e-cigarettes containing nicotine.
Preemptive: No
Anti-Preemption Clause: No

Nevada

AB322—(vehicles with minors)—An Act relating to tobacco
http://www.leg.state.nv.us/Session/78th2015/Bills/AB/AB322.pdf
http://www.leg.state.nv.us/Session/78th2015/Reports/history.cfm?ID=684
This bill prohibits smoking tobacco in motor vehicles when a passenger under the age of 18 is in the vehicle.
Preemptive: No
Anti-Preemption Clause: No

New York

A02326—(college campuses)—An Act to amend the education law
http://assembly.state.ny.us/leg/?default_fld=&bn=A02326&term=2015&Summary=Y&Text=Y
http://assembly.state.ny.us/leg/?default_fld=&bn=A02326&term=2015&Summary=Y&Actions=Y
This bill prohibits the use or sale of tobacco on all grounds and facilities and vehicles owned, leased or controlled by the State University of New York (SUNY), including indoor and outdoor locations.
Preemptive: No
Anti-Preemption Clause: No

S04322—(college campuses)—An Act to amend the education law
http://assembly.state.ny.us/leg/?default_fld=&bn=S04322&term=2015&Summary=Y&Text=Y
http://assembly.state.ny.us/leg/?default_fld=&bn=S04322&term=2015&Summary=Y&Actions=Y
This bill prohibits the use or sale of tobacco on all grounds and facilities and vehicles owned, leased or controlled by the State University of New York (SUNY), including indoor and outdoor locations.
Preemptive: No
Anti-Preemption Clause: No

Texas

SB1673—(broad preemption)—An Act relating to the preemption of a local law by state law
http://www.capitol.state.tx.us/tlodocs/84R/billtext/pdf/SB01673I.pdf#navpanes=0
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=SB1673
This bill is broadly preemptive of local control across all issues. It states that that no local government shall contradict or undermine a state law, rule, regulation, permit, or license, and a local government shall not adopt or enforce a local ordinance, rule, or regulation that contradicts or undermines state law. The bill also addresses governmental immunity and waiving liability.
Preemptive: YES
Anti-Preemption Clause: No

West Virginia

HB2646—(preemption)—A bill related to legalizing and regulating the sale and use of fireworks—Bill died in Conference Committee; Session Adjourned
http://www.legis.state.wv.us/legisdocs/chamber/2015/RS/com_amends/HB2646%20S%20JUD%20AM%20_1%20ADOPTED.htm
http://www.legis.state.wv.us/bill_status/Bills_history.cfm?input=2646&year=2015&sessiontype=RS&btype=bill
This bill, originally about fireworks, was amended to raise the tobacco tax and to allow casinos, lottery parlors, and veterans and fraternal organizations to obtain exemptions from local smokefree laws.
Preemptive: YES
Anti-Preemption Clause: No

Wisconsin

AB106—(e-cigarette use on school property)—An Act relating to policies regulating the use of electronic smoking devices on school district property.
http://docs.legis.wisconsin.gov/document/proposaltext/2015/REG/AB106
http://docs.legis.wisconsin.gov/2015/proposals/ab106
This bill requires the Department of Public Instruction to develop a model policy regulating the use of electronic smoking devices on school district property, and requires each school board to adopt such a policy.
Preemptive: No
Anti-Preemption Clause: No