Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 11/4/2016

November 4, 2016

Check out this four minute video from Fusion.net that explains preemption, why these laws that limit local control are a threat to issues like tobacco control that typically develop first at the local level, and why big business interests are behind preemptive legislation. This video is excellent to share on social media, with coalitions, and community partners to help spread the word that preemption is a very real threat that we all must keep an eye out for in 2017.

Legislative sessions in many states have adjourned. Legislatures that have not yet adjourned for 2016 are: Illinois Massachusetts, Michigan, New Jersey, New York, Ohio, and Pennsylvania.

Please email ANR with any new smokefree bills—or anticipated bills that we should keep our eyes open for in 2016—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:

New Jersey: A2936 (casinos); S1517 (casinos)
Pennsylvania:
HB202 (restaurants and bars)Carry over; SB567 (preemption repeal, restaurants and bars)—Carry over; HB682 (preemption repeal, restaurants, bars, and gaming)—Carry over; HB996 (gaming)—Carry over

· 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:

New Jersey:
A617 (e-cigarette lounge exemption); A2057 (cigar bar exemption)—Passed Assembly (65-3-5), Referred to Senate Economic Growth 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); S2571 (cigar bar exemption); S2766 (e-cigarette shop exemption)
Ohio: SB295 (smoking club exemption)

· The following states have preemptive bills:

Massachusetts: H1951 (tobacco sales preemption)Accompanied a study order, see H4242; H1950 (tobacco sales preemption)—Accompanied a study order, see H4242

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

Massachusetts: H1976 (vehicles with minors)Passed Health Care Financing Committee, and Read second and ordered to a third reading on 9/2
Michigan: HB4672 (vehicles with minors)Carry over
New Jersey: A3860 (vehicles with minors)
New York: A01982 (vehicles with minors)Passed Codes Committee 14-6, referred to Rules Committee; S03155 (vehicles with minors)—Amended and Recommitted to Transportation
Northern Marianas Islands:
HB19-085 (vehicles with minors)
Ohio: SB89 (vehicles with minors)Carry over
Pennsylvania: HB109 (vehicles with minors)Carry over; HB667 (vehicles with minors)—Carry over

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

District of Columbia: B21-0686 (tobacco free stadiums)—Passed final reading on 11/1 on vote of 12-0
New Jersey: A2428 (state beaches/parks); A2623 (sections state beaches/parks); S1016 (state beaches/parks); S1734 (parks and beaches)—Substituted by A893
New York: A01148 (parks and beaches)Carry over; A01622 (school bus stop)—Carry over; A01732 (distance to doorways)Reported referred to Codes; S01105 (reasonable distance; housing disclosure)—Carry over; S01998 (playgrounds)—Died in Senate, returned to Assembly, ordered to third reading; S03171 (parks and beaches)—Carry over; S03760 (parks)—Carry over; A02326 (college campuses)Passed Codes and Rules Committees; S04322 (college campuses)—Carry over; A08155 (playgrounds)—Carry over; A09495 (library entrances)—Reported referred to Codes; S06970 (library entrances)—Amended and recommitted to Health Committee
Pennsylvania: HB2126 (school bus stops)

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

Massachusetts: H1106 (multi-unit housing)Accompanied a study order, see H4209; H4209 (housing)—Discharged to the committee on House Rules
New Jersey: S1741 (housing)
New York: A00035 (housing disclosure)Reported referred to codes; S01668 (housing disclosure)Amended and recommitted to Health Committee; A06505 (reasonable distance; housing disclosure)—Amended and recommitted to Health Committee; A06548 (housing disclosure)Amend and recommit to Agriculture Committee; A08330—(public housing)—Amended and recommitted to Housing

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

District of Columbia: B21-0780 (e-cigarette use)—Passed final reading on 11/1 on vote of 12-0
Guam: Bill 141-33 (e-cigarette use)
Massachusetts: H2050 (e-cigarette use and sales)Accompanied a new draft S2152; S1119 (e-cigarette use and sales)—Accompanied a new draft S2152; S2152 (broad tobacco control bill)Substituted by S2234; S2234 (broad tobacco control bill)Reprinted as amended, see S2269; S2269 (broad tobacco control bill))Proposed to amend as H4361, passed House Health Care Financing and Rules Committees, referred to Ways and Means Committee; H4361 (broad tobacco control bill)—Proposed text to amend S2269
New York: A02595 (e-cigarette use)Carry over; S02202 (e-cigarette use)Health Committee Discharged and Committed to Rules; A01496 (e-cigarettes use, tobacco sales from 18 to 21)—Carry over; S04156 (e-cigarette use)—Carry over; A05955 (e-cigarette use)Passed Assembly 85-58
Ohio: HB221 (e-cigarette use on school property)Carry over
Pennsylvania: HB954 (e-cigarette use in schools)Carry over; HB1189 (e-cigarette use in schools)—Carry over; HB1459 (e-cigarette use)—Carry over

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

Massachusetts: H1666 (smokefree laws and marijuana)—Accompanied a Study Order to Judiciary Committee; H1667 (smokefree laws and marijuana)—Accompanied a Study Order to Judiciary Committee; H1561 (smokefree laws and marijuana)—Accompanied a Study Order to Judiciary Committee

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

District of Columbia:
B21-0322 (limit on tobacco bars)Carry over
Massachusetts: H1954 (tobacco free pharmacies)Accompanied a new draft S2152; S1137 (tobacco free pharmacies)Accompanied a new draft S2152; H4242 (tobacco free pharmacies)—Discharged to the committee on House Rules
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:
S02920 (tobacco free pharmacies)Carry over; A07206 (day care facilities)—Carry over; A08371 (hotels)—Reported referred to codes
Pennsylvania: HB1065 (taxis)Carry over
Puerto Rico: PC2409 (procedural issues)—Carry over


Legislation Enacted this Session

Arizona: SB1487 (broad preemption threat)—Signed by Governor
California:
AB7x (workplaces)—Signed by Governor; SB5x (e-cigarette use)—Signed by Governor; AB9x (K-12 school campuses)—Signed by Governor; SB977 (youth sports fields)—Signed by Governor
Guam:
Bill 143-33 (bars)Became law without Governor's signature
Hawaii: SB305 (health systems property)Signed by Governor
Northern Marianas Islands: SB19-23 (e-cigarette use)—Signed by Governor
U.S. Virgin Islands: 31-0115 (cigar factory exemption)Approved by Governor
Vermont: H0171 (e-cigarette use)—Signed by Governor
Virginia: HB1348 (vehicles with minors)Signed by Governor
Washington: SB6328 (preemption of outdoor e-cigarette use)—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)

New Jersey

S2766—(e-cigarette shop exemption)—An Act concerning vapor retail establishments
N/A
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S2766
This bill permits use of electronic smoking devices in vapor retail establishments, or in an area provided by a vapor retail establishment for the purpose of smoking. The bill would not permit smoking traditional tobacco products, such as cigarettes or cigars, in vapor retail establishments.
Preemptive: No
Anti-Preemption Clause: No