Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 2018-04-13

April 13, 2018

Please email ANR with any new smokefree bills—or anticipated bills that we should keep our eyes open for in 2018—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:

Iowa: SF249 (gaming)Carry over to 2018; SF261 (gaming)—Carry over to 2018
Kansas: HB2413 (gaming)Carry over to 2018
Kentucky: SB93 (local control)
Louisiana: HB881—(bars and gaming)

New Jersey:
S1237 (casinos)
New York:
A01514 (hotels)Carry over to 2018
Pennsylvania: HB810 (gaming)Carry over to 2018; SB519 (preemption repeal, restaurants, bars, and gaming)—Carry over to 2018; HB888 (bars)—Carry over to 2018; HB1309 (preemption repeal, restaurants, bars, and gaming)—Carry over to 2018
Tennessee: HB0071 (partial local control)Carry over to 2018; SB0123 (partial local control)Passed Senate 28-0; HB0122 (restore local control)—Carry over to 2018; HB0279 (partial local control)—Failed in Agriculture and Natural Resources Committee; SB0278 (partial local control)—Re-refer to Senate Calendar Committee; SB0303 (restore local control)—Deferred to Summer Study; HB1932 (partial local control); HB2327 (partial local control)—Taken off notice in Agriculture Subcommittee; SB2525 (partial local control)
Virginia:
SB149 (partial preemption repeal)—Signed by Governor

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

Alaska:
HB252 (municipal regulation); HB271 (local opt-out provision); SB63—(workplaces, restaurants, and bars; local opt-out)—Heard in Rules Committee, substitute bill adopted, returned to Rules
Virginia:
H794 (government buildings)—Session Adjourned

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

Iowa: SF107 (signage)Carry over to 2018
Maine:
LD1329—(tobacco retail exemption)—Failed in House and Senate
New Jersey:
A1024 (cigar bar exemption)—Passed Assembly 68-5-3, sent to Senate Health, Human Services and Senior Citizens Committee; A1315 (cigar bar exemption)—Reported out of Oversight, Reform and Federal Relations Committee; A2081 (e-cigarette lounge exemption); S1377 (cigar bar exemption); S2147 (cigar bar exemption)
Oklahoma: HB2541 (prison exemption)Passed Public Health Committee
Virginia: H1518 (hookah exemption)—Session Adjourned
Washington: HB1919 (cigar lounge and retail tobacco exemption)—Session Adjourned

· The following states have preemptive bills:

Massachusetts: H1158 (board of health preemption)Carry over to 2018
New York
:
S00736 (preemptive casino patio exemption)Amended and recommitted to Health Committee; A04316 (preemptive casino patio exemption)—Carry over to 2018

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

Alabama: HB26 (vehicles with minors)—Session Adjourned
Georgia: HB18 (vehicles with minors)—Session Adjourned; HB274 (vehicles with minors)—Session Adjourned
Hawaii: HB61 (vehicles with minors)Carry over to 2018; SB261 (vehicles with minors)—Carry over to 2018; SB282 (vehicles with minors)—Carry over to 2018; HB2535 (vehicles with minors)Passed Second Reading as amended and referred to Judiciary Committee
Illinois:
SB1221 (vehicles with minors)Carry over to 2018
Massachusetts: H1170 (vehicles with minors)Carry over to 2018
New York: A05096 (vehicles with minors)Carry over to 2018; S05209 (vehicles with minors)—Carry over to 2018
Ohio: SB106 (vehicles with minors)Carry over to 2018
Oklahoma: HB1344 (vehicles with minors)Carry over to 2018
Pennsylvania: SB332 (vehicles with minors)Carry over to 2018; HB607 (vehicles with minors)—Carry over to 2018; HB886 (vehicles with minors)—Carry over to 2018
South Carolina: H3241 (vehicles with minors); H4855 (vehicles with minors); S964 (vehicles with minors); H5161 (vehicles with minors)

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

California: AB1097 (state parks and beaches)Referred to Senate Natural Resources and Water Committee; SB835 (state parks)—Hearing in Appropriations Committee on 4/16; SB836 (state beaches)—Hearing in Appropriations Committee on 4/16
Hawaii:
HB429 (college campuses)Carry over to 2018; HB1153 (college campuses)—Carry over to 2018; SB134 (college campuses)—Passed House, returned to Senate, Senate disagrees with amendments; SB1019 (college campuses)—Carry over to 2018; HB1696 (sidewalks); HB2735—(university campuses)Passed Second Reading as amended and referred to Judiciary Committee
Illinois:
HB3221 (youth sporting events)Carry over to 2018
Massachusetts: H1176 (public gatherings)Carry over to 2018
New Jersey: A1703 (parks and beaches); S903 (state beaches); S1056 (parks and beaches); S1235 (parks and beaches); A3758 (distance to doorways); A3798 (parks and beaches)
New York: A00330 (library entrances)Amend and recommit to Codes; S00169 (library entrances)—Amended on Third Reading; A00837 (parks and pedestrian plazas)—Carry over to 2018; A00857 (distance to doorways)—Carry over to 2018; A01656 (college campuses)—Died in Senate 1/3/18, returned to Assembly and ordered to third reading; S04523 (parks)—Carry over to 2018; S05210 (parks and plazas)—Carry over to 2018
Oklahoma: HB2969 (distance)
Vermont: H187 (reasonable distance)Carry over to 2018

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

California: AB62 (public housing)Carry over to 2018
Hawaii: HB267 (condominiums)Carry over to 2018; HB829 (public housing violations)—Carry over to 2018; SB151 (condominiums)—Carry over to 2018; HB2356 (public housing)Passed House; SB2783 (public housing)—Passed House, returned to Senate, Senate disagrees with amendments
Massachusetts: H2448 (public housing distance)Carry over to 2018; H3602 (condominiums)—Carry over to 2018
New Jersey:
S2217 (housing)
New York: A00026 (housing disclosure)Carry over to 2018; S02723 (reasonable distance; housing disclosure)—Carry over to 2018; S02760 (housing disclosure)—Carry over to 2018; A04511 (public housing)—Carry over to 2018; A05037 (housing disclosure)Amended and recommitted to Agriculture Committee; A05061 (adult care facilities)—Carry over to 2018; A05161 (reasonable distance; housing disclosure)—Carry over to 2018; S04496 (adult care facilities)Advanced to Third Reading
Vermont: H127 (all multi-unit housing)Carry over to 2018

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

Massachusetts: S1218 (broad tobacco control bill)—Passed Public Health Committee, referred to Senate Ways and Means Committee; H2864 (broad tobacco control bill)—Accompanied a new draft H4109; H4109 (broad tobacco control bill)Health Care Financing Committee recommended bill ought to pass
New Jersey: S992 (tobacco free pharmacies)
New York: S00729 (e-cigarette use)Carry over to 2018; A00749 (e-cigarette use; tobacco 21)—Carry over to 2018; A03829 (e-cigarette use)—Carry over to 2018
Rhode Island: H7299 (marijuana and e-cigarettes)—Committee recommended measure be held for further study; S2228 (e-cigarettes)Senate Health and Human Services Hearing on 3/1; S2461 (marijuana and e-cigarettes)
Tennessee: HB1867 (e-cigarette use)On Agriculture and Natural Resources Subcommittee calendar for 2/28; SB1850 (e-cigarette use)

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

California: AB1090 (marijuana use); AB2020 (marijuana event exemption)—Amended and re-referred to Business and Professions Code Committee, Hearing on 4/17
Colorado: HB1258 (marijuana on-site use)—Hearing in House Finance Committee on 3/19
Maine: LD799 (disclosure re: marijuana)—Died; LD1719 (marijuana)—Passed House and Senate, sent for concurrence

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

Alaska: HCR29—(rule suspension for SB63)—Introduced to Rules Committee 4/12
Illinois:
SB116 (technical change)Carry over to 2018; SB0469 (technical change)—Carry over to 2018; SB1161 (technical change)—Carry over to 2018; SB2009 (technical change)—Carry over to 2018; HB1124 (technical change)—Carry over to 2018; HB1307 (technical change)—Carry over to 2018; HB2009 (technical change)—Carry over to 2018; HB2012 (technical change)—Carry over to 2018; SB2514 (technical change)
Kentucky: SB51 (schools); HB318 (schools)
Massachusetts:
S1188 (tobacco-free pharmacies)Accompanied S1218; S1189 (tobacco-free pharmacies)—Accompanied S1218; H1217 (schools)Accompanied a new draft H4109; H2455 (tobacco-free pharmacies)Accompanied a new draft H4109
Minnesota: SF2370 (schools)Carry over to 2018; HF3532 (schools)
New Jersey: A843 (college residences); A1723 (tobacco free pharmacies)
New York:
A00397 (child care)Amended and Recommitted to Health; A08002 (film tax credit) —Carry over to 2018; S7522 (child care facilities)
Ohio: HB2174—(technical change)Carry over to 2018
Utah: HB324 (smoking definition)—Signed by Governor
Wisconsin: AB159 (schools)—Failed to pass


Legislation Enacted this Session

Utah: HB324 (smoking definition)—Signed by Governor
Virginia: SB149 (partial preemption repeal)—Signed by Governor


Summaries of all NEW bills are listed below       

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

Alaska

HCR29—(rule suspension for SB63)—Suspend Uniform Rules for SB63—Introduced to Rules Committee 4/12
http://www.akleg.gov/basis/Bill/Text/30?Hsid=HCR029A
http://www.akleg.gov/basis/Bill/Detail/30?Root=HCR%2029#tab1_4
This bill suspends the Uniform Rules of the Alaska State Legislature regarding changes to the title of a bill, in consideration of Senate Bill No. 63, prohibiting smoking in certain places; and relating to education on the smoking prohibition.     
Preemptive: No
Anti-Preemption Clause: No

Colorado

SB211—(marijuana on-site use)—A bill Concerning Licensing Marijuana Consumption Clubs—Died in Committee
http://leg.colorado.gov/sites/default/files/documents/2018A/bills/2018a_211_01.pdf
http://leg.colorado.gov/bills/sb18-211
This bill authorizes unlimited marijuana clubs which can permit marijuana smoking if the establishments have ventilation systems.
Preemptive: No
Anti-Preemption Clause: No

Louisiana

HB881—(bars and gaming)—An Act relative to smoking
http://www.legis.la.gov/legis/ViewDocument.aspx?d=1082543
http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB881&sbi=y
This bill expands the current smokefree law for workplaces and restaurants to prohibit smoking in enclosed places of employment and public places including bars, gaming facilities, hotels/motels, private clubs and within 15 feet of entrances to buildings where smoking is prohibited. The use of e-cigarettes is prohibited in all places that are required to be smokefree.
Preemptive: No
Anti-Preemption Clause: No
EXEMPTIONS: Smoking is permitted in private homes and vehicles unless used for child care or day care; outdoor areas of places of employment; and outdoor smoking sections at hospitality venues.

New Jersey

A3758—(distance to doorways)—An Act concerning smoking
http://www.njleg.state.nj.us/2018/Bills/A4000/3758_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A3758    
This bill prohibits smoking within 20 feet of areas outside of indoor public places or workplaces.
Preemptive: No
Anti-Preemption Clause: No

A3798—(parks and beaches)—A bill concerning smoking at public beaches and parks
http://www.njleg.state.nj.us/2018/Bills/A4000/3798_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A3798   
This bill revises the New Jersey Smoke-Free Air Act to prohibit smoking at public beaches and parks, but not in adjacent parking lots, nor in golf courses. Smoking areas are allowed at municipal or county beaches.
Preemptive: No
Anti-Preemption Clause: No

South Carolina

H5161—(vehicles with minors)—A bill to Amend the Code of Laws of South Carolina
http://www.scstatehouse.gov/sess122_2017-2018/bills/5161.htm
http://www.scstatehouse.gov/sess122_2017-2018/bills/5161.htm
This bill prohibits smoking in a vehicle when a person under age 18 is present.
Preemptive: No
Anti-Preemption Clause: No