State Status
Any Preemption
Pending Legislation
Legislative Summary
HB2/S205 - (restaurants and bars) - An Act to Prohibit Smoking in Public Places and Places of Employment - Signed by Governor
The enacted bill version will prohibit smoking in all restaurants and bars, but not in non-hospitality workplaces or public places. An earlier bill version would have exempted public places & places of employment that do not permit anyone under age 18 and privately owned workplaces with no employees. The bill also partially repeals preemption to restore local government’s right to adopt laws addressing smoking in government worksites and public places, but preempts local laws addressing smoking in a number of locations including places that are specifically exempted.
Preemptive Action
Partial
Anti-Preemptive Clause
Partial
EXEMPTIONS: Smoking is allowed in private residences except when used for child/adult care; tobacco shops; tobacco manufacturers; 20% of hotel/motel rooms; state government buildings are used for medical or scientific research when smoking is integral to the research; cigar bars; public places & places of employment that do not permit anyone under age 18; and privately owned workplaces with no employees.