Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 1/30/2015

January 30, 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 2015, we expect to see attempts at preemptive legislation for smokefree air, electronic smoking devices, and across public health issues. Of particular concern are bills that could preempt multiple public health issues including tobacco control. As you prepare for your 2015 legislative sessions, check out this excellent overview from Tobacco Control Legal Consortium: Preemption: The Biggest Challenge to Tobacco Control.

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)
Connecticut: SB189 (private clubs)
Iowa: SF36 (casinos)
Kentucky: HB145 (workplaces, restaurants, bars, gaming facilities)
Mississippi:
HB770 (workplaces, restaurants, bars and gaming)
New Hampshire: SB105 (workplaces)
New Jersey:
A2133 (casinos); S1639 (casinos)
Pennsylvania: HB202 (restaurants and bars)
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:

Indiana: SB115 (membership club exemption); HB1235 (smoking and electronic cigarette regulation)
New Jersey: A2358 (areas of state beaches/parks)
Oklahoma:
SJR24 (partial smokefree protections)
Wyoming:
HB174 (school property; harm reduction)

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

Nebraska: LB118 (exemptions)—Passed General Affairs Committee, and amendments introduced
New Jersey
:
A228 (cigar bar exemption)Passed Assembly and sent to Senate; S957 (special event exemption); S1863 (cigar bar exemption)
Washington: HB1296 (cigar lounge and retail tobacco exemption)—Substitute bill adopted in Committee on Commerce & Gaming

· The following states have preemptive bills:

Mississippi: SB2054 (preemptive weak bill)
West Virginia: SB109 (preemption re veterans’ organizations); HB2208 (preemption re boards of health)

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

Connecticut: HB6285 (vehicles with minors)
Florida: SB548 (vehicles with minors)
New Hampshire
:
SB162 (vehicles with minors)
New Jersey
:
A826 (vehicles with minors); S828 (vehicles with minors)
New Mexico: HB148 (vehicles with minors)
New York: A01982 (vehicles with minors)
Oklahoma: SB747 (vehicles with minors); HB1341 (vehicles with minors); HB1506 (vehicles with minors)
Pennsylvania: HB109 (vehicles with minors)
Texas: HB461 (vehicles with minors)
Virginia: HB2171 (vehicles with minors)—Sent to House Militia, Police and Public Safety Sub-Committee

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

Connecticut:
HB5941 (rail platforms)
Hawaii: SB305 (health systems property); HB525 (parks)—Hearing scheduled for 1/30 in Committee on Health; HB586 (health system campuses)—Hearing scheduled for 1/30 in Committee on Health; HB876 (coastal areas); SB1342 (coastal areas)
Maine: LD151 (college campuses)
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)
Rhode Island: SB124 (beaches)

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

Hawaii: HB34 (condominiums)—Hearing scheduled for 1/30 in Committee on Health; SB802 (condominiums)
New Jersey: S1636(housing); S1899 (housing disclosure)
New York: A00035 (housing disclosure); S01668 (housing disclosure)
Rhode Island: HB5256 (public housing)


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

Alaska: HB40 (electronic cigarette use)
California: SB140 (e-cigarette use)

Connecticut:
HB5219 (electronic cigarette use in schools)Reserved for Subject Matter Public Hearing; HB5449 (electronic cigarette use)—Reserved for Subject Matter Public Hearing; HB6283 (electronic cigarette use and marketing)
Hawaii: SB18 (use of electronic cigarettes); SB299 (electronic cigarette use, sales, and tax); HB349 (electronic cigarette use, sales, and tax)—Hearing scheduled for 2/2 in Committee on Consumer Protection and Commerce; HB585 (use of electronic cigarettes)—Hearing scheduled for 1/30 in Committee on Health; HB940 (use of electronic cigarettes); SB757 (use of electronic cigarettes); SB1109 (use of electronic cigarettes)
Indiana: HB1169 (use of electronic cigarettes)
Maryland: HB26 (electronic cigarette use)In House for First Reading in Economic Matters Committee
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)
Oregon: HB2546 (e-cigarette use)—Hearing on 2/9 in Committee on Health Care; SB340 (e-cigarette use)
Texas: HB456 (e-cigarette use at schools); SB96 (e-cigarette use at schools)

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

New Hampshire: HB473 (veterans’ home)—Public Hearing on February 2 in House Departments and Administration
New Jersey: S321 (penalty for smokefree violation)Passed the Senate 37-1; A3172 (local penalties)
New York:
S00993 (after-school programs)
Oklahoma: SB674 (school property); HB1685 (school property)
Rhode Island: HB5224 (smoking bars)



Summaries of all NEW bills are listed below:

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

California

SB140—(e-cigarette use)—An act relating to electronic cigarettes
http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB140&search_keywords=cigarette
http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml;jsessionid=cddcf3e25dededf3edb595e95bbd
This bill would define tobacco product as including electronic cigarettes, and prohibits the use of electronic cigarettes in the same places where smoking is prohibited.
Preemptive: No
Anti-Preemption Clause: No

Florida

SB548—(vehicles with minors)—An Act relating to the use of tobacco products in motor vehicles
http://www.flsenate.gov/Session/Bill/2015/0548/BillText/Filed/HTML
http://www.flsenate.gov/Session/Bill/2015/0548
This bill prohibits smoking a tobacco product in a motor vehicle in which a child under 13 years of age is present.
Preemptive: No
Anti-Preemption Clause: No

Hawaii

HB349—(electronic cigarette use, sales, and tax)—An Act Relating To Electronic Smoking Devices—Hearing scheduled for 2/2 in Committee on Consumer Protection and Commerce
http://www.capitol.hawaii.gov/session2015/bills/HB349_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=349&year=2015
This broad bill amends the state smokefree air law to prohibit the use of electronic smoking devices in all places that are required to be smokefree, prohibits the sale of the products to people under age 21, and establishes an excise tax on the products.
Preemptive: No
Anti-Preemption Clause: No

HB525—(parks)—An Act relating to state parks—Hearing scheduled for 1/30 in Committee on Health
http://www.capitol.hawaii.gov/session2015/bills/HB525_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=525&year=2015
This bill prohibits smoking and the use of tobacco, electronic smoking devices, or betel nut products within the state park system.
Preemptive: No
Anti-Preemption Clause: No

HB585—(use of electronic cigarettes)—An Act relating to the regulation of electronic smoking devices—Hearing scheduled for 1/30 in Committee on Health
http://www.capitol.hawaii.gov/session2015/bills/HB585_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=585&year=2015
This bill amends the state smokefree air law to prohibit the use of electronic smoking devices in all places that are required to be smokefree.
Preemptive: No
Anti-Preemption Clause: No

HB586—(health system campuses)—An Act relating to use of tobacco products and e-cigarettes on Hawaii Health Systems Corporation Premises—Hearing scheduled for 1/30 in Committee on Health
http://www.capitol.hawaii.gov/session2015/bills/HB586_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=586&year=2015
This bill prohibits the use of tobacco products and e-cigarettes on premises of the facilities operated by the Hawaii Health Systems Corporation.
Preemptive: No
Anti-Preemption Clause: No

HB876—(coastal areas)—An Act relating to smoking
http://www.capitol.hawaii.gov/session2015/bills/HB876_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=876&year=2015
This bill prohibits smoking in all coastal areas of the State that are open to the public, which means beaches up to the high tide mark.
Preemptive: No
Anti-Preemption Clause: No

HB940—(use of electronic cigarettes)—An Act relating to the regulation of tobacco products
http://www.capitol.hawaii.gov/session2015/bills/HB940_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=940&year=2015
This bill amends the state smokefree air law to prohibit the use of electronic smoking devices in all places that are required to be smokefree. The bill also requires that smokefree signs be updated to include language and an image about the use of e-cigarettes.
Preemptive: No
Anti-Preemption Clause: No

SB757—(use of electronic cigarettes)—An Act relating to the regulation of electronic smoking devices
http://www.capitol.hawaii.gov/session2015/bills/SB757_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=757&year=2015
This bill prohibits the use of electronic smoking devices in places where smoking is prohibited. The bill also requires that smokefree signs be updated to include language and an image about the use of e-cigarettes.
Preemptive: No
Anti-Preemption Clause: No

SB802—(condominiums)—An Act relating to smoking
http://www.capitol.hawaii.gov/session2015/bills/SB802_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=802&year=2015
This bill allows condominiums and cooperative housing corporations to adopt rules prohibiting smoking in units, common elements, or limited common elements.
Preemptive: No
Anti-Preemption Clause: No

SB1109—(use of electronic cigarettes)—An Act relating to the regulation of tobacco products
http://www.capitol.hawaii.gov/session2015/bills/SB1109_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=1109&year=2015
This bill prohibits the use of electronic smoking devices in places where smoking is prohibited. The bill also requires that smokefree signs be updated to include language and an image about the use of e-cigarettes.
Preemptive: No
Anti-Preemption Clause: No

SB1342—(coastal areas)—An Act relating to smoking
http://www.capitol.hawaii.gov/session2015/bills/SB1342_.pdf
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=1342&year=2015
This bill prohibits smoking in all coastal areas of the State that are open to the public, which means beaches up to the high tide mark.
Preemptive: No
Anti-Preemption Clause: No

New Mexico

HB148—(vehicles with minors)—An Act relating to motor vehicles
http://www.nmlegis.gov/Sessions/15%20Regular/bills/house/HB0148.html
http://www.nmlegis.gov/lcs/legislation.aspx?chamber=H&legtype=B&legno=%20148&year=15
This bill prohibits smoking and e-cigarette use in any motor vehicle when a minor is present in the vehicle.
Preemptive: No
Anti-Preemption Clause: No

New York

A01496—(e-cigarettes use, tobacco sales from 18 to 21)—An Act to amend the public health law
http://assembly.state.ny.us/leg/?default_fld=&bn=A01496&term=2015&Summary=Y&Text=Y
http://assembly.state.ny.us/leg/?default_fld=&bn=A01496&term=2015&Summary=Y&Actions=Y
This bill prohibits the vaporization of nicotine within electronic cigarettes in certain areas; increases the purchasing age for tobacco products; evaluates health effects of e-cigarettes on public.
Preemptive: No
Anti-Preemption Clause: YES

Pennsylvania

HB202—(restaurants and bars)—An Act regulating smoking in this Commonwealth
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2015&sessInd=0&billBody=H&billTyp=B&billNbr=0202&pn=0192
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2015&sind=0&body=H&type=B&bn=0202
This bill amends the Clean Indoor Air Act to eliminate the exemption that allows smoking in drinking establishments, which covers bars as well as restaurants with bar areas.
Preemptive: No
Anti-Preemption Clause: No

Rhode Island

HB5224—(smoking bars)—An Act relating to Health and Safety
http://webserver.rilin.state.ri.us/BillText/BillText15/HouseText15/H5224.pdf
http://status.rilin.state.ri.us/
This bill amends the exemption that allows smoking bars to require that smoking bar owners demonstrate on a quarterly rather than annual basis that revenues generated from tobacco products exceeds revenue generated from food and beverage sales.
Preemptive: No
Anti-Preemption Clause: No

HB5256—(public housing)—An Act relating to Health and Safety
http://webserver.rilin.state.ri.us/BillText/BillText15/HouseText15/H5256.pdf
http://status.rilin.state.ri.us/
This bill prohibits smoking in all areas, including dwelling units, of buildings owned or operated by a city or town housing authority.
Preemptive: No
Anti-Preemption Clause: No

West Virginia

HB2208—(preemptive)—A bill relating to local smoking restrictions
http://www.legis.state.wv.us/bill_status/bills_text.cfm?billdoc=hb2208%20intr.htm&yr=2015&sesstype=RS&i=2208
http://www.legis.state.wv.us/bill_status/Bills_history.cfm?input=2208&year=2015&sessiontype=RS&btype=bill
This bill is preemptive and eliminates the right of county Boards of Health to enact smokefree air laws. Currently, all smokefree air laws in West Virginia are adopted by county Boards of Health. It also requires that the County Commission in all counties that have a smokefree law vote within 60 days on whether their existing Board of Health regulation should become county law.
Preemptive: YES
Anti-Preemption Clause: No