Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

No Preemption

Legislative Summary

HB643-PREEMPTIVE-An Act prohibiting smoking in all public schools and in all places where the public is free to enter-Signed by Governor

This bill prohibits smoking in enclosed public places, including restaurants open to minors, and on public school property.  Bars, casinos and restaurants not open to minors are exempt until 2009, and there is statewide preemption until 2009.

  • Preemptive Action


  • Anti-Preemptive Clause


Smoking is allowed in private homes except when used as family day care, adult foster care, or a health care facility; private vehicles, 20% of hotel/motel rooms; private or semi-private rooms in long-term care facilities; and American Indian ceremonies. Smoking is allowed in buildings owned and occupied by political subdivisions until January 1, 2006 and in buildings leased and occupied by political subdivisions until July 1, 2006. The bill was hijacked and amended to exempt bars and casinos that don’t allow minors for four years until 2009, during which time local communities are preempted from enacting their own laws.

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