Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 2/24/2017

February 24, 2017

The majority of state legislatures are now in session, and numerous bills have been introduced. Please email ANR with any new smokefree bills—or anticipated bills that we should keep our eyes open for in 2016—as well as preemption attempts in your state and we will be sure to add them to Preemption Watch.

ANR tracks pending legislation relating to states' and territories' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control.

Below is a listing of bills that have been introduced in legislatures thus far. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills.


The new and pending legislative bills are classified below into eight categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold.

New bills and changes in bill status since the last update appear in bold.

Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption.
Weak: Bill includes ventilation, smoking rooms, or other key exemptions.
Weakens: Bill weakens a current strong 100% smokefree law.
Preemptive: Bill contains preemptive language that removes the right to local control.
Vehicles: Bill addresses smoking in vehicles with children present.
Outdoor: Bill primarily addresses smoking in outdoor locations.
Housing: Bill addresses smoking in multi-unit housing.
E-cigarettes: Bill addresses where e-cigarettes can be used.
Marijuana: Bill addresses marijuana use in smokefree spaces.
Other: Bills contain other related provisions and should be watched.

· The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption:

Alaska: SB63 (workplaces, restaurants, and bars)—Hearing in Health and Social Services Committee on 3/1
Connecticut: HB7089 (workplaces; preemption repeal)
Indiana
:
HB1313 (bars and gaming)
Iowa: SF249 (gaming); SF261 (gaming)
Maryland: HB0597 (hotels)—Unfavorable Report by Economic Matters Committee
New Jersey: A2936 (casinos); S1517 (casinos)
New York:
A01514 (hotels)
Rhode Island: S0357 (gaming facilities)
Tennessee: HB0071 (partial local control); SB0123 (partial local control); HB0113 (partial local control)—Passed Agriculture and Natural Resources Committee, on Local Government Committee calendar for 2/28; HB279 (partial local control); SB278 (partial local control)—Passed on Second Consideration, refer to Senate Commerce and Labor Committee; SB1369 (partial local control)
Virginia: SB938 (partial preemption repeal)—Left in General Laws

· The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions:

[none]

· The following states have bills that create exemptions that weaken a current smokefree law:

Arkansas:
SB311 (weaken state law)
Colorado
:
SB63 (exemption for marijuana clubs)—Hearing scheduled in Senate Business, Labor, & Technology on 3/1; SB187 (exemption for marijuana clubs)—Hearing scheduled in Senate Business, Labor, & Technology on 3/1
Indiana:
SB459 (ceremonial use in hospitals)
Iowa:
SF107 (signage)
Maine:
LD34 (cigar lounge exemption)
Maryland: SB326 (cigar bar alcohol license)Hearing in Education, Health, and Environmental Affairs Committee scheduled for 2/24; HB0396 (cigar bar alcohol license)—Hearing in Economic Matters Committee scheduled for 2/20; SB0775 (cigar bar alcohol license)—Hearing in Education, Health, and Environmental Affairs on 2/24; HB1445 (cigar bar alcohol license)—Hearing in Economic Matters Committee on 2/20
New Hampshire: HB279 (repeals smokefree law)Executive session scheduled for 2/21
New Jersey:
A617 (e-cigarette lounge exemption); A2057 (cigar bar exemption)—Passed Senate Community and Urban Affairs Committee on 12/15, Referred to Senate Health, Human Services and Senior Citizens Committee; A2129 (e-cigarette shop exemption); S531 (research exemption); S1487 (cigar bar exemption); A3439 (cigar bar exemption); A3773 (cigar bar exemption)—Passed by the Assembly (64-3-7) and Referred to Senate Health, Human Services and Senior Citizens Committee; A3975 (research exemption); S2566 (cigar bar exemption)—Passed Senate Community and Urban Affairs Committee on 12/15, Referred to Senate Health, Human Services and Senior Citizens Committee; S2571 (cigar bar exemption); S2766 (e-cigarette shop exemption)
Oregon: HB2735 (smoke shop amendment); HB2736 (smoke shop amendment)—Passed Labor Committee 9-0 without recommendation as to passage, Referred to Economic Development and Trade Committee; SB307 (marijuana lounges and events exemptions); SB788 (marijuana lounges and events exemptions)
Utah: HB333 (e-cigarette and hookah exemptions)
Washington: HB1919 (cigar lounge and retail tobacco exemption)Amended and Passed House Committee on Business and Financial Services

· The following states have preemptive bills:

New York: S00736 (preemptive casino patio exemption); A04316 (preemptive casino patio exemption)
Texas: HB1279 (cigar bar preemption); HB1348 (cigar bar preemption)
West Virginia: HB2095 (preemption; boards of health); SB52 (preemption; boards of health)

· The following states have bills that address smoking in vehicles when children are present:

Connecticut: HB05663 (vehicles with minors); HB05807 (vehicles with minors); HB06298 (vehicles with minors); HB06691 (vehicles with minors)
Georgia:
HB18 (vehicles with minors); HB274 (vehicles with minors)
Hawaii:
HB61 (vehicles with minors); SB261 (vehicles with minors)—Scheduled for decision making in Committee on Ways and Means on 2/24; SB282 (vehicles with minors)
Illinois: SB1221 (vehicles with minors)—Hearing in Public Health Committee on 3/1
Massachusetts: H1170 (vehicles with minors)
New Hampshire:
SB145 (vehicles with minors)Pending Motion Re-refer to Committee
New Jersey:
A3860 (vehicles with minors)
New York: A05096 (vehicles with minors)
Oklahoma: HB1344 (vehicles with minors)—Passed House Public Health Committee on 7-1 vote
Oregon: SB122 (vehicles)
Pennsylvania: SB332 (vehicles with minors); HB607 (vehicles with minors)
South Carolina: H3241 (vehicles with minors)
West Virginia: SB193 (vehicles with minors)

· The following states have bills primarily addressing smoking in outdoor locations:

California: AB725 (state parks and beaches); SB386 (state parks and beaches)
Connecticut:
SB00313 (recreation spaces)
Hawaii: SB134 (college campuses)Passed Second Reading and referred to Judiciary and Labor Committee; HB429 (college campuses); HB1153 (college campuses)—Scheduled for decision making in Committee on Judiciary on 2/27; SB1019 (college campuses)
Illinois:
HB3221 (youth sporting events)—Hearing in Consumer Protection Committee on 3/7
Kentucky:
SB78 (tobacco use on school property)Passed Senate; HB247 (tobacco use on school property)—Posting waived
Massachusetts: H1176 (public gatherings)
New Jersey: A2428 (state beaches/parks); A2623 (sections state beaches/parks); S1016 (state beaches/parks); S1734 (parks and beaches)—Substituted by A893
New York: A00330 (library entrances); S00169 (library entrances); A00837 (parks and pedestrian plazas); A00857 (distance to doorways); A01656 (college campuses); S04523 (parks)
Vermont: H187 (reasonable distance)

· The following states have bills that address smoking in multi-unit housing:

California: AB62 (public housing)Amended and re-referred to Housing and Community Development Committee
Hawaii:
SB151 (condominiums)—Deferred in Committee on Commerce, Consumer Protection, and Health until 3/1; HB267 (condominiums)—Scheduled for decision making in Committee On Consumer Protection & Commerce on 3/2; HB829 (public housing violations)—Passed Committee on Housing
Maryland: SB0175 (multi-unit housing)—Unfavorable Report by Finance Committee; HB0500 (housing rules)—Unfavorable Report by Environment and Transportation Committee; HB0600 (multi-unit housing)—Hearing in Economic Matters Committee scheduled for 2/15
New Jersey:
S1741 (housing)
New York: A00026 (housing disclosure); S02723 (reasonable distance; housing disclosure); S02760 (housing disclosure); A04511 (public housing); A05037 (housing disclosure); A05061 (adult care facilities); A05161 (reasonable distance; housing disclosure); S04496 (adult care facilities)
Rhode Island: H5522 (lease termination)
Vermont: H127 (all multi-unit housing)

· The following states have bills that address the use of e-cigarettes:

Arizona: SB1516 (e-cigarette use)
Arkansas:
SB285 (e-cigarette use)
Maryland:
HB0354 (e-cigarette use)Hearing in Economic Matters Committee scheduled for 2/15; SB0624 (e-cigarette use)
Massachusetts: SD1353 (broad tobacco control bill)
Montana:
SB147 (e-cigarette use)Tabled in Judiciary Committee
New Mexico: SB318 (e-cigarette use)—Bill substituted and passed Senate Public Affairs Committee
New York: S00729 (e-cigarette use); A00516 (e-cigarette use); A00749 (e-cigarette use; tobacco 21); S02543 (e-cigarette use); A03829 (e-cigarette use)

· The following states have bills that prohibit or allow the smoking of marijuana in smokefree spaces:

Arkansas: HB1400 (medical marijuana); SB357 (medical marijuana)
Maryland: SB0445 (marijuana use)Hearing in Judicial Proceedings Committee on 3/2; HB1043 (marijuana use)—Hearing in Judiciary Committee on 2/28

· The following states have other provisions and should be watched:

Connecticut:
HB05762 (rehabilitation programs)
Illinois:
SB0469 (technical change); HB2009 (technical change); HB2012 (technical change); SB116 (technical change); SB2009 (technical change)
Massachusetts:
SD253 (tobacco-free pharmacies); SD1089 (tobacco-free pharmacies)
Michigan: SB181 (child care homes)
New Hampshire: HB175 (cigar bar definition)—Passed House and sent to Senate
New Jersey: A263 (college residences); A2368 (penalty for smokefree violation)Assembly Floor Amendment Passed on 10/20; S1731 (penalty for smokefree violation)—Assembly Floor Amendment Passed on 10/20; S2135 (pharmacies)
New York:
A00397 (child care)
Oklahoma: HB2174 (technical change)
Tennessee: HB0009 (college campuses)Taken off Agriculture and Natural Resources Subcommittee calendar; SB0116 (college campuses)—On Senate Commerce and Labor Committee calendar for 2/28
Texas: SB228 (local control affirmation)
Utah: HB370 (smoking definition)—Passed House Health and Human Services Committee


Summaries of all NEW bills are listed below       

(All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org)

Arkansas

SB357—(medical marijuana)—An Act to Amend the Arkansas Medical Marijuana Amendment of 2016
http://www.arkleg.state.ar.us/assembly/2017/2017R/Bills/SB357.pdf
http://www.arkleg.state.ar.us/assembly/2017/2017R/Pages/BillInformation.aspx?measureno=SB357 
This bill amends the state medical marijuana law to prohibit smoking marijuana in any location in Arkansas.
Preemptive: No
Anti-Preemption Clause: No

Illinois

SB1221—(vehicles with minors)—An Act concerning transportation—Hearing in Public Health Committee on 3/1
http://www.ilga.gov/legislation/100/SB/PDF/10000SB1221lv.pdf
http://www.ilga.gov/ResultsBillStatus.asp?DocNum=1221&GAID=14&DocTypeID=SB&SessionID=91&GA=100
This bill prohibits smoking in a motor vehicle in which a person under the age of eighteen is present.
Preemptive: No
Anti-Preemption Clause: No

Iowa

SF249—(gaming)—An Act relating to the prohibitions against smoking under the Smokefree Air Act
https://www.legis.iowa.gov/docs/publications/LGI/87/SF249.pdf
https://www.legis.iowa.gov/legislation/billTracking/billHistory?billName=SF%20249&ga=87
This bill amends the definition of smoking to include vaping, and eliminates the exception in the Smokefree Air Act that allows smoking on the gaming floor of gaming facilities.
Preemptive: No
Anti-Preemption Clause: No

SF261—(gaming)—An Act relating to prohibitions under the Smokefree Air Act
https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=SF261
https://www.legis.iowa.gov/legislation/billTracking/billHistory?billName=SF%20261&ga=87
This bill amends the definition of smoking to include hookah, marijuana, and e-cigarette use, and eliminates the exception in the Smokefree Air Act that allows smoking on the gaming floor of gaming facilities.
Preemptive: No
Anti-Preemption Clause: No

Massachusetts

H1170—(vehicles with minors)—An Act to protect little lungs
https://malegislature.gov/Bills/190/H1170.pdf
https://malegislature.gov/Bills/190/H1170
This bill prohibits smoking in motor vehicles when children are present who are required to be in child restraint systems, which is age 8.
Preemptive: No
Anti-Preemption Clause: No

H1176—(public gatherings)—An Act to ban smoking in certain public places
https://malegislature.gov/Bills/190/H1176.pdf
https://malegislature.gov/Bills/190/H1176
This bill amends the state smokefree law to prohibit smoking in outdoor pedestrian-only public gathering venues.
Preemptive: No
Anti-Preemption Clause: No

Michigan

SB181—(child care homes)—An Act to provide for the protection of children
http://www.legislature.mi.gov/documents/2017-2018/billintroduced/Senate/pdf/2017-SIB-0181.pdf
http://www.legislature.mi.gov/(S(3hf0wqtctolxpfnkcjdzvfps))/mileg.aspx?page=getobject&objectname=2017-SB-0181&query=on
This bill amends the state law that prohibits smoking in family child care homes to also specify that smoking is also not allowed in group child care homes.
Preemptive: No
Anti-Preemption Clause: No

Oregon

SB307—(marijuana lounges and events exemptions)—An Act relating to cannabis
https://olis.leg.state.or.us/liz/2017R1/Downloads/MeasureDocument/SB307/Introduced
https://olis.leg.state.or.us/liz/2017R1/Measures/Overview/SB307
This bill amends the state smokefree law, which prohibits smoking and vaping in enclosed workplaces and public places, by weakening it to allow the smoking and vaping of marijuana in public and private cannabis lounges and at temporary events, which could be held in indoor venues.
Preemptive: No
Anti-Preemption Clause: No

SB788—(marijuana lounges and events exemptions)—An Act relating to cannabis
https://olis.leg.state.or.us/liz/2017R1/Downloads/MeasureDocument/SB788/Introduced
https://olis.leg.state.or.us/liz/2017R1/Measures/Overview/SB788
This bill amends the state smokefree law, which prohibits smoking and vaping in enclosed workplaces and public places, by weakening it to allow the smoking and vaping of marijuana in public and private cannabis lounges and at temporary events, which could be held in indoor venues.
Preemptive: No
Anti-Preemption Clause: No

Pennsylvania

HB607—(vehicles with minors)—An Act providing for protection of children from second-hand smoke in vehicles
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2017&sessInd=0&billBody=H&billTyp=B&billNbr=0607&pn=0645
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2017&sind=0&body=H&type=B&bn=0607
This bill prohibits smoking in a vehicle when a child under age 12 is present.
Preemptive: No
Anti-Preemption Clause: No