Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

State Status

No Preemption

Legislative Summary

HB78 - (waivers) - Environmental Tobacco Smoke Elimination and Waiver Act - Unfavorable Report by Economic Matters

This bill restricts smoking in enclosed public places and workplaces, but it allows restaurants and bars to obtain waivers to allow smoking. The waivers do not apply to counties that have smokefree restaurant and bar laws.

  • Preemptive Action

    No

  • Anti-Preemptive Clause

    Yes

EXEMPTIONS: Smoking is allowed by patients in mental health hospitals and long term stay hospitals; in private homes/transportation, except when used for licensed child care/day care/health care; 25% hotel/motel rooms; theatrical performances; retail tobacco stores; and any restaurant or bar that obtains a waiver.

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