Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

No Preemption

Legislative Summary

SF2381-- An act relating to health (DIED)

This bill, called the "Freedom to Breathe Act of 2004," prohibits smoking in public places, places of employment, public transportation, schools and on school grounds, and at public meetings.

  • Preemptive Action


  • Anti-Preemptive Clause


EXEMPTIONS: Single-person places of employment, private social functions when entire room or hall is being used for the function, home day care outside of its hours of operation but full disclosure of smoking status is required, separately ventilated smoking rooms at nursing homes or residential care facilities, public transportation vehicles when the vehicle is being used for the drivers personal use, scientific studies on the health effects of smoking, Native American religious or cultural ceremonies, private homes and automobiles, and hotel/motel rooms.

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