Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 4/21/2017

April 21, 2017

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.

The majority of state legislatures are still in session. 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 in House Community and Regional Affairs Committee held on 4/18
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); HB888 (bars)
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; HB0113 (partial local control)—Signed by Governor; 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 House Bill substituted

· 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)—Passed House Finance Committee; House second reading laid over to 4/3
Indiana:
SB459 (ceremonial use in hospitals)
Iowa:
SF107 (signage)
Maine:
LD34 (cigar lounge exemption)
Maryland: HB0396 (cigar bar alcohol license)—Unfavorable Report by Economic Matters Committee; SB0775 (cigar bar alcohol license)—Hearing in Education, Health, and Environmental Affairs on 2/24; HB1445 (cigar bar alcohol license)—Unfavorable Report by Economic Matters Committee
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); SB788 (marijuana lounges and events exemptions); SB799 (e-cigarette exemption)—Public hearing held on 3/30

· The following states have preemptive bills:

Florida: HB17 (broad preemption); SB1158 (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)—Session Adjourned; SB52 (preemption; boards of health)—Session Adjourned; HB2914 (gaming preemption)—Session Adjourned

· 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); SB261 (vehicles with minors)Amended and Passed Senate; SB282 (vehicles with minors)
Illinois: SB1221 (vehicles with minors)—Postponed in Public Health Committee; Rule 2-10 Committee Deadline May 5
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); HB886 (vehicles with minors)
South Carolina: H3241 (vehicles with minors)
West Virginia: SB193 (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 on 7-0 vote, placed on suspense file
Connecticut:
SB00313 (recreation spaces); SB1001 (state parks)Joint Favorable Substitute in Environmental Committee; Filed with Legislative Commissioners' Office
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)—Rule 19(a) / Re-referred to Rules Committee
Louisiana:
HB531 (tobacco use on school property)
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)—Hearing in Housing and Community Development Committee postponed to 4/26
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); H3602 (condominiums)
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); H2864 (broad tobacco control bill)
Montana:
SB147 (e-cigarette use)Tabled in Judiciary Committee
Nevada: AB450 (e-cigarette use)—No further action allowed
New Mexico: SB318 (e-cigarette use)—Pocket Veto
New York: S00729 (e-cigarette use); A00516 (e-cigarette use); A00749 (e-cigarette use; tobacco 21); S02543 (e-cigarette use); A03829 (e-cigarette use)
Rhode Island: S0446 (e-cigarette use); HB5821 (e-cigarette use)—Committee recommended measure be held for further study

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

Arkansas: 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)Passed House, Hearing in Senate Judicial Proceedings Committee on 3/30

· 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); SB2009 (technical change)
Massachusetts:
SD253 (tobacco-free pharmacies); SD1089 (tobacco-free pharmacies); H1217 (schools); H2455 (tobacco-free pharmacies)
Michigan: SB181 (child care homes)—Reported Favorably with Substitute, Referred to Committee of the Whole
New Hampshire: HB175 (cigar bar definition)—Hearing scheduled in Senate Commerce Committee for 5/2
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 Education Administration & Planning Committee for 4/4; SB0116 (college campuses)—Sent to 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


Summaries of all NEW bills are listed below       

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

Massachusetts

H2864—(broad tobacco control bill)—An Act to protect youth from the health risks of tobacco and nicotine addiction
https://malegislature.gov/Bills/190/H2864.pdf
https://malegislature.gov/Bills/190/H2864
This bill broadly expands tobacco control protections: prohibits the use of tobacco products on the grounds of primary, secondary, and vocational schools; prohibits the sale of tobacco products to people under age 21; prohibits the sale of tobacco products including e-cigarettes at health care institutions and retail establishments that sell pharmaceuticals; defines tobacco products to include electronic smoking devices; prohibits free tobacco product distribution except in retail tobacco stores and smoking bars; prohibits the sale of tobacco products via vending machines; defines smoking to include the use of electronic smoking devices; and requires nicotine liquids to be sold in child resistant packaging.
Preemptive: No
Anti-Preemption Clause: No

H3602—(condominiums)—An Act relative to secondhand smoke in condominiums
https://malegislature.gov/Bills/190/H3602.pdf
https://malegislature.gov/Bills/190/H3602
This bill prohibits smoking tobacco, marijuana or any other combustible substance common area and units, except that smoking may be allowed in a unit that is "sealed to the satisfaction of the affected residents, so that smoke, fumes or vapors are unable to enter into common areas or other units."
Preemptive: No
Anti-Preemption Clause: No

Nevada

AB450—(e-cigarette use)—An Act prohibiting the use of vapor products in certain location—No further action allowed
https://www.leg.state.nv.us/Session/79th2017/Bills/AB/AB450.pdf
https://www.leg.state.nv.us/Session/79th2017/Reports/history.cfm?BillName=AB450
This bill prohibits the use of e-cigarettes in smokefree places, along with regulating other aspects of these products.
Preemptive: No
Anti-Preemption Clause: No