Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

No Preemption

Legislative Summary

SF0404-(workplaces, restaurants & bars)-Freedom to Breathe Act of 2005-Died

This bill prohibits smoking in all public places and places of employment, including restaurants, bars, and 50% of outdoor seating areas at restaurants/bars.

  • Preemptive Action


  • Anti-Preemptive Clause


EXEMPTIONS: Smoking is allowed in day care facilities outside hours of operation with parental notification; nursing homes in a separately enclosed, separately ventilated area; during scientific studies; during traditional native American ceremonies; private homes, and hotel/motel rooms.

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