Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 3/17/2017

March 17, 2017

The National League of Cities' nonpartisan Center for City Solutions released a report, City Rights in an Era of Preemption: A State-by-State Analysis, that looks at how the growth of state preemption is a threat to local control and the success of cities, stating "Local control and city rights are priority number one. We know well that innovation happens in cities and then percolates upwards. This process should be celebrated, not stymied."

The majority of state legislatures are now in session, and numerous bills have been introduced. 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)Hearing Senate Finance Committee on 3/13
Connecticut: HB7089 (workplaces; preemption repeal)—Hearing in Joint Committee on Public Health on 3/20
Indiana
:
HB1313 (bars and gaming)
Iowa: SF249 (gaming); SF261 (gaming)
New Jersey: A2936 (casinos); S1517 (casinos)
New York:
A01514 (hotels)Reported referred to codes
Pennsylvania: HB810 (gaming); SB519 (preemption repeal, restaurants, bars, and gaming)
Rhode Island: S0357 (gaming facilities)
Tennessee: HB0071 (partial local control); SB0123 (partial local control); HB0113 (partial local control)—On Finance, Ways and Means Committee for 3/21; HB279 (partial local control)—On Agriculture and Natural Resources Subcommittee for 3/22; SB278 (partial local control)—On Senate Commerce and Labor Committee calendar for 3/21; SB1369 (partial local control)—On Senate Commerce and Labor Committee calendar for 3/21

· 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)Hearing In Senate Public Health, Welfare and Labor Committee on 3/2
Colorado
:
SB184 (exemption for marijuana clubs)—Hearing in House Finance Committee on 3/20
Indiana:
SB459 (ceremonial use in hospitals)
Iowa:
SF107 (signage)
Maine:
LD34 (cigar lounge exemption)
Maryland: SB326 (cigar bar alcohol license)—Unfavorable Report by Education, Health, and Environmental Affairs; HB0396 (cigar bar alcohol license)—Hearing in Economic Matters Committee scheduled for 2/20; SB0775 (cigar bar alcohol license)—Hearing in Education, Health, and Environmental Affairs on 2/24; HB1445 (cigar bar alcohol license)—Hearing in Economic Matters Committee on 2/20
Nevada: SB236 (marijuana license)—Heard in Judiciary Committee on 3/9
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)
North Dakota: HCR3033 (gaming exemption)—Reported do not pass, Re-referred to Judiciary
Oregon: HB2735 (smoke shop amendment)Hearing scheduled in Committee on Health Care on 3/10; HB2736 (smoke shop amendment)Passed Labor Committee 9-0 without recommendation as to passage, Referred to Economic Development and Trade Committee; SB307 (marijuana lounges and events exemptions); SB788 (marijuana lounges and events exemptions)

· The following states have preemptive bills:

Florida: HB17 (broad preemption)
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)
West Virginia: HB2095 (preemption; boards of health); SB52 (preemption; boards of health); HB2914 (gaming preemption)—Passed from political subdivision committee

· 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)
Georgia:
HB18 (vehicles with minors); HB274 (vehicles with minors)
Hawaii:
HB61 (vehicles with minors); SB261 (vehicles with minors)Amended and Passed Senate; SB282 (vehicles with minors)
Illinois: SB1221 (vehicles with minors)Hearing in Public Health Committee on 3/14
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)Passed House Public Health Committee on 7-1 vote
Oregon: SB122 (vehicles)
Pennsylvania: SB332 (vehicles with minors); HB607 (vehicles with minors)
South Carolina: H3241 (vehicles with minors)
West Virginia: SB193 (vehicles with minors)Amended and sent to Judiciary Committee

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

California: AB725 (state parks and beaches)Referred to Committee on Water, Parks and Wildlife; SB386 (state parks and beaches)Hearing in Committee on Natural Resources and Water on 3/28
Connecticut:
SB00313 (recreation spaces); SB1001 (state parks)
Hawaii: SB134 (college campuses)Passed Senate; HB429 (college campuses); HB1153 (college campuses)Scheduled for decision making in Committee on Judiciary on 2/27; SB1019 (college campuses)
Illinois:
HB3221 (youth sporting events)—Hearing in Consumer Protection Committee on 3/21
Kentucky:
SB78 (tobacco use on school property)Passed Senate; HB247 (tobacco use on school property)—Posting waived
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); S04523 (parks); S05210 (parks and plazas)
Vermont: H187 (reasonable distance)

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

California: AB62 (public housing)Amended and re-referred to Housing and Community Development Committee
Hawaii:
SB151 (condominiums)Passed Senate; HB267 (condominiums)—Deferred in Committee on Consumer Protection and Commerce; HB829 (public housing violations)—Passed Committee on Housing
Massachusetts: H2448 (public housing distance)
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)

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

Arizona: SB1516 (e-cigarette use)
Arkansas:
SB285 (e-cigarette use)Hearing In Senate Public Health, Welfare and Labor Committee on 3/2
Massachusetts: SD1353 (broad tobacco control bill)
Montana:
SB147 (e-cigarette use)Tabled in Judiciary Committee
New Mexico: SB318 (e-cigarette use)—Passed House Health and Human Services Committee, Hearing in Judiciary Committee on 3/16
New York: S00729 (e-cigarette use); A00516 (e-cigarette use); A00749 (e-cigarette use; tobacco 21); S02543 (e-cigarette use); A03829 (e-cigarette use)

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

Arkansas: HB1400 (medical marijuana)—Amended and Returned by the Committee Do Pass; HB1989 (medical marijuana)—Amended, read second time, and referred to the Committee on House Rules
Maine: LD799 (disclosure re: marijuana)
Maryland: SB0445 (marijuana use)Hearing in Judicial Proceedings Committee on 3/2; HB1043 (marijuana use)—Favorable with Amendments Report by Judiciary

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

Connecticut:
HB05762 (rehabilitation programs)
Illinois:
SB0469 (technical change)—Passed Executive Committee and on calendar for 2nd reading on 3/28; HB2009 (technical change); HB2012 (technical change); SB116 (technical change); SB2009 (technical change)
Massachusetts:
SD253 (tobacco-free pharmacies); SD1089 (tobacco-free pharmacies); H1217 (schools); H2455 (tobacco-free pharmacies)
Michigan: SB181 (child care homes)
New Hampshire: HB175 (cigar bar definition)Passed House and sent to Senate
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)
Tennessee: HB0009 (college campuses)—On Agriculture and Natural Resources Committee for 3/21; SB0116 (college campuses)—Passed Senate
Texas: SB228 (local control affirmation); HB2652 (state buildings and college campuses)


Summaries of all NEW bills are listed below       

(All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org)

New York

S05209—(vehicles with minors)—A Act to amend the public health law
http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S05209&term=2017&Summary=Y&Text=Y
http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S05209&term=2017&Actions=Y
This bill prohibits smoking in private passenger cars, vans or trucks where minors less than 14 years of age are passengers.
Preemptive: No
Anti-Preemption Clause: No

S05210—(parks and plazas)—An Act to amend the public health law
http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S05210&term=2017&Summary=Y&Text=Y
http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S05210&term=2017&Actions=Y
This bill prohibits smoking in public parks, including beaches and playgrounds, as well as pedestrian plazas. The bill does not apply to parking lots, theatrical productions, portions of a park not used for park purposes, nor the entirety of the Adirondack Park or Catskills Park.
Preemptive: No
Anti-Preemption Clause: No

North Dakota

HCR3033—(gaming exemption)—A concurrent resolution relating to authorization for up to six state-owned casinos—Reported do not pass, Re-referred to Judiciary
http://www.legis.nd.gov/assembly/65-2017/documents/17-3081-01000.pdf
http://www.legis.nd.gov/assembly/65-2017/bill-actions/ba3033.html
This concurrent resolution would authorize up to six state‑owned casinos that could specifically allow smoking, which would exempt the casinos from the state smokefree air law that requires all other workplaces and public places to be smokefree.
Preemptive: No
Anti-Preemption Clause: No

Pennsylvania

SB519—(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=PDF&sessYr=2017&sessInd=0&billBody=S&billTyp=B&billNbr=0519&pn=0530
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2017&sind=0&body=S&type=B&bn=0519
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; tobacco shops; a designated outdoor smoking area in a sports or recreational facility, theater or performance establishment; and existing freestanding cigar bars and cigar lounges.

West Virginia

HB2914—(gaming preemption)—A relating to powers and duties of the Commissioner of Public Health—Passed from political subdivision committee
http://www.wvlegislature.gov/legisdocs/chamber/2017/RS/com_amends/HB2914%20H%20PS%20AM%20_1.htm
http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2914&year=2017&sessiontype=RS&btype=bill
This preemptive amendment to another bill prohibits local health department from enacting or enforcing any smoking ban in a licensed gaming area.
Preemptive: YES
Anti-Preemption Clause: No