Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

No Preemption

Legislative Summary

SF238 - (workplaces, restaurants and bars) - Freedom to Breathe Act of 2007 - Signed by Governor

This bill prohibits smoking in all enclosed public places, including restaurants and bars, and places of employment with two or more employees. The bill was amended a second time to remove the preemptive provision and the exemption for bars that install ventilation systems. The bill was amended a third time to allow cities to grant smoking licenses for bars and separately ventilated bar areas of restaurants, to change the effective date for restaurants, bars and bingo halls to January 1, 2009, and to remove the anti-preemption clause. The bill was strengthened in conference committee to remove harmful exemptions. The bill restores provisions for smokefree workplaces, restaurants, bars and private clubs, which would go into effect October 1, 2007, and contains an explicit anti-preemption clause.

  • Preemptive Action


  • Anti-Preemptive Clause


EXEMPTIONS: Smoking is allowed during specified scientific studies; as part of Native American traditional ceremonies; in private homes; hotel/motel rooms; tobacco products shops; heavy commercial vehicles; farm vehicles and construction equipment; family farms; disabled veterans rest camp; theatrical productions; and in locked psychiatric units.

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