Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 6/26/2017

June 26, 2017

The article "Fast Food Lobbyists Fight State And City Regulation" discusses the rapidly expanding and insidious trend of preventing local control on a variety of important issues, and its roots with the tobacco industry. The article highlights how preemption "was essentially invented by the tobacco industry in the mid 1980s" according to Mark Pertschuk, back when Philip Morris first tried—and succeeded—at passing a preemption law in Florida in 1985 to block the adoption of local smokefree air laws.

Many state legislatures have wrapped up their 2017 sessions, while a smaller number remain in year-long sessions. 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 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.

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:

Connecticut: HB7089 (workplaces; preemption repeal)—Session Adjourned
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); HB1309 (preemption repeal, restaurants, bars, and gaming)
Rhode Island: S0357 (gaming facilities)Committee recommended measure be held for further study
Tennessee: HB0071 (partial local control)—Session Adjourned; SB0123 (partial local control)—Session Adjourned; HB0122 (restore local control)—Session Adjourned; HB0279 (partial local control)—Session Adjourned; SB0278 (partial local control)—Session Adjourned; SB0303 (restore local control)—Session Adjourned

· 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:

Maine:
LD34 (cigar lounge exemption)Failed on Senate vote 7-25
Nevada: SB236 (marijuana license)—Session Adjourned
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)—Amended and Passed the Assembly (75-0-0); 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)—Public hearing held 5/30; SB788 (marijuana lounges and events exemptions); SB799 (e-cigarette exemption)—Public hearing held on 3/30
Washington: HB1919—(cigar lounge and retail tobacco exemption)—Reintroduced and retained in present status for 3rd special session

· The following states have preemptive bills:

Massachusetts: H1158 (board of health preemption)
New York
:
S00736 (preemptive casino patio exemption); A04316 (preemptive casino patio exemption)
Texas: HB1279 (cigar bar preemption)—Session Adjourned; HB1348 (cigar bar preemption)—Session Adjourned

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

Connecticut: HB05663 (vehicles with minors)—Session Adjourned; HB05807 (vehicles with minors)—Session Adjourned; HB06298 (vehicles with minors)—Session Adjourned; HB06691 (vehicles with minors)—Session Adjourned
Illinois:
SB1221 (vehicles with minors)Rule 3-9(a) / Re-referred to Assignments
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)
Oregon: SB122 (vehicles)
Pennsylvania: SB332 (vehicles with minors)—Amended on third consideration; HB607 (vehicles with minors); HB886 (vehicles with minors)

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

California: AB725 (state parks and beaches)—Passed Assembly, hearing on 6/27 in Senate Natural Resources and Water Committee; SB386 (state parks and beaches)—Passed Senate, sent to Assembly Water, Parks and Wildlife Committee
Connecticut:
SB00313 (recreation spaces)—Session Adjourned; SB1001 (state parks)—Session Adjourned
Illinois:
HB3221 (youth sporting events)—Rule 19(a) / Re-referred to Rules Committee
Louisiana:
HB531 (tobacco use on school property)—Signed by Governor
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)—Passed Assembly, sent to Senate; S04523 (parks); S05210 (parks and plazas)

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

California: AB62 (public housing)—Passed Assembly, sent to Senate Judiciary Committee
Massachusetts: H2448 (public housing distance); H3602 (condominiums)Hearing held 5/16
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)

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

Massachusetts: SD1353 (broad tobacco control bill)Hearing held 5/16; H2864 (broad tobacco control bill)—Hearing held 5/16
New York: S00729 (e-cigarette use); A00516 (e-cigarette use)—Passed Assembly, returned to Senate; A00749 (e-cigarette use; tobacco 21); S02543 (e-cigarette use)—Substituted for a516a, passed Assembly, returned to Senate; A03829 (e-cigarette use)
Rhode Island: S0446 (e-cigarette use)—Amended, House passed Sub A, and on Senate Calendar for 6/28; HB5821 (e-cigarette use)—Amended, passed House, and recommended for passage by Senate Health and Human Services Committee

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

Maine: LD799 (disclosure re: marijuana)

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

Connecticut:
HB05762 (rehabilitation programs)—Session Adjourned
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)Placed on Calendar Order of 3rd Reading May 10; SB2009 (technical change)
Massachusetts:
SD253 (tobacco-free pharmacies)Hearing held 5/16; SD1089 (tobacco-free pharmacies)—Hearing held 5/16; H1217 (schools)—Hearing held 5/16; H2455 (tobacco-free pharmacies)—Hearing held 5/16
Michigan: SB181 (child care homes)—Recommended passage from House Committee on Families, Children, and Seniors
New Jersey: A263 (college residences); A2368 (penalty for smokefree violation)—Substituted by S1731; S1731 (penalty for smokefree violation)—Substituted for A2368, Passed Assembly (71-0-2); S2135 (pharmacies)
New York:
A00397 (child care); A08002 (film tax credit)
Texas: SB228 (local control affirmation)—Session Adjourned; HB2652 (state buildings and college campuses)—Session Adjourned


Legislation Enacted this Session

Arkansas: HB1400 (medical marijuana)—Signed by Governor
Louisiana: HB531 (tobacco use on school property)—Signed by Governor
Tennessee: HB0113 (partial local control)—Signed by Governor; SB0116 (college campuses)—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 York

A08002—(film tax credit)—An Act to amend the tax law
http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A08002&term=2017&Summary=Y&Text=Y
http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A08002&term=2017&Actions=Y
This bill prohibits the Empire State Film Production Credit for films which feature smoking and associated paraphernalia
Preemptive: No
Anti-Preemption Clause: No