Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

No Preemption

Legislative Summary

HB145 - (workplaces, restaurants, bars, gaming facilities; opt-out provision) - An Act prohibiting smoking in public places and places of employment - Session Adjourned

This bill prohibits smoking and the use of e-cigarettes in enclosed workplaces and public places, including restaurants, bars, gaming facilities, and hotels/motels, and within 15’ of entrances/windows of smokefree buildings. Fourteen amendments were introduced, and three were adopted which allow smoking in tobacco businesses, cigar bars and tobacconists, and, very significantly, to allow local governments to opt out of the smokefree law.

  • Preemptive Action


  • Anti-Preemptive Clause


EXEMPTIONS: Smoking is allowed in private residences, unless used as for-hire child care facility, adult day care facility, or health care facility; a smoking laboratory operated by an institution of higher education provided that any smoking is done by machine; a smoking laboratory operated by a business engaged in the manufacturing of smoking products; a laboratory testing the fire-safe qualities of tobacco products provided that any smoking is done by a machine; any business that conducts bona fide scientific, psychological, or other medical research on tobacco products if the research is conducted in an enclosed space not open to the public; a tobacco barn that is used primarily for the purpose of air-curing, fire curing, or storing tobacco leaf; an agricultural building used as a workshop or tool shed, or for any other purpose on a private farm.

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