Preemption Watch Bill Tracking Summary

Publication Date: 2019-02-04

February 4, 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.

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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:

Arizona: HB2024 (e-cigarette use)
Colorado: HB19-1076 (workplaces and e-cigarette use)
Hawaii: HB195 (expand local control); HB1019 (expand local control); HB1284 (expand local control)—Hearing scheduled in Committee on Health for 2/5; SB182 (expand local control); SB524 (expand local control); SB1245 (expand local control)
Iowa: SF109 (gaming)
Maryland: HB27 (e-cigarette use)
Mississippi: HB83 (workplaces, restaurants, bars, and gaming)
Montana: SB122 (e-cigarette use)—Tabled in Public Health, Welfare and Safety Committee
New Jersey: S1237 (casinos)
New Mexico: HB256 (workplaces and e-cigarette use)
Tennessee: HB0009 (partial preemption repeal); SB0009 (partial preemption repeal)—On Senate Commerce and Labor Committee calendar for 2/5
Virginia: SB1304 (partial preemption repeal)—Passed Senate 24-16

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

Iowa: SF110 (gaming floor exemption)
New Jersey: S2779 (hotel rooms)
Oklahoma: HB1389 (expand definition of smoking)

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

Connecticut: HB5139 (tobacco bar exemption)
Maine: LD343 (cigar bar exemption)
New Jersey: A1024 (cigar bar exemption); A1315 (cigar bar exemption); A2081 (e-cigarette lounge exemption)—Hearing scheduled in Commerce and Economic; Development Committee on 1/17; S1377 (cigar bar exemption); S2147 (cigar bar exemption); A4102 (cigar lounge exemption)—Signed by Governor 12/17/18; S2626 (cigar lounge exemption)
North Dakota: SB2137 (cigar bar exemption)

· The following states have preemptive bills:

[none]

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

Georgia: HB17 (vehicles with minors)
Indiana: SB34 (vehicles with minors)
Mississippi: HB252 (vehicles with minors)
New Hampshire: HB230 (vehicles with minors)—Hearing in Transportation Committee on 2/5
New Jersey: A3962 (vehicles with minors); S3182 (vehicles with minors)
North Dakota: HB1274 (vehicles with minors)—Failed vote 57-31
Pennsylvania: HB217 (vehicles with minors)
Texas: HB900 (vehicles with minors)
Virginia: HB1744 (vehicles with minors)—House subcommittee recommends laying on the table 5-3; HB2019 (vehicles with minors)—House subcommittee recommends laying on the table 5-3

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

California: SB8 (state beaches and parks)
Connecticut: SB750 (state beaches)—Public hearing scheduled for 2/4
Florida: SB218 (beaches); HB237 (beaches); SB516 (state parks)
New Hampshire: HB139 (state parks)—Hearing in Resources, Recreation and Development Committee on 2/12
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); A4021 (beaches); A4423 (outdoor public places); S2534 (parks and beaches)—Signed by Governor on 7/20/18; S2908 (outdoor public places)
West Virginia: HB2077 (vehicles with minors); SB81 (vehicles with minors)

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

Connecticut: HB6512 (marijuana and housing)
Florida: HB389 (housing disclosure)
Hawaii: HB810 (condominiums); HB1257 (condominiums)—Hearing scheduled in Committee on Consumer Protection and Commerce for 2/5; SB269 (condominiums)
Massachusetts: SD262 (public housing)
New Jersey: S2217 (housing)

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

Florida: SPB7012 (e-cigarette use)—On agenda for 2/5 in Committee on Innovation, Industry, and Technology
Nebraska: LB149 (e-cigarette use)
New Jersey: S992 (tobacco free pharmacies); S2640 (e-cigarette retailer exemption)
New Mexico: SB61 (e-cigarette use)—Died
Oklahoma: SB290 (e-cigarette use)
Tennessee: HB0097 (e-cigarette use); SB0026 (e-cigarette use)

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

Oregon: HB2233 (marijuana lounges and special events)

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

Connecticut: SB627 (behavioral health facilities)
Florida: SB372 (indoor marijuana smoking)
Indiana: HB1551 (technical change)
Kentucky: BR312 (schools); BR234 (schools)
New Jersey: A843 (college residences); A1723 (tobacco free pharmacies); A4764 (casino workers); S3230 (casino workers)
South Carolina: H3422 (schools); S0396 (schools)

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Legislation Enacted this Session

New Jersey: A4102 (cigar lounge exemption)—Signed by Governor 12/17/18; S2534 (parks and beaches)—Signed by Governor on 7/20/18

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Summaries of all NEW bills are listed below       

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

Arizona

HB2024—(e-cigarette use)—An Act relating to public health
https://www.azleg.gov/legtext/54leg/1R/bills/hb2024p.htm
http://apps.azleg.gov/BillStatus/BillOverview/71035?SessionId=121
This bill amends the Smokefree Arizona Act to define smoking to include the use of electronic smoking devices and prohibits their use wherever smoking is prohibited. The bill requires a 3/4 vote of both houses to pass.
Preemptive: No
Anti-Preemption Clause: Yes

California

SB8—(state beaches and parks)—An Act relating to parks
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB8
http://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=201920200SB8
This bill prohibits smoking, including the use of electronic cigarettes, on a state coastal beach or in a unit of the state park system; and prohibits the disposal of used cigar or cigarette waste. It includes an exemption for the filming of movies and television programs.
Preemptive: No
Anti-Preemption Clause: No

Colorado

HB19-1076—(workplaces and e-cigarette use)—A bill concerning updates to the Colorado Clean Indoor Air Act
http://leg.colorado.gov/sites/default/files/documents/2019A/bills/2019a_1076_01.pdf
http://leg.colorado.gov/bills/hb19-1076
This bill amends the current smokefree air law to remove workplace exemptions, defines smoking to include an electronic smoking device, and prohibits their use wherever smoking is prohibited. The exemptions that would be removed are for designated smoking rooms in hotels, retail tobacco businesses, airport smoking concessions, businesses with 3 or fewer employees, and designated smoking areas in assisted living facilities.
Preemptive: No
Anti-Preemption Clause: Yes

Connecticut

HB5139—(tobacco bar exemption)—An Act concerning tobacco bars
https://www.cga.ct.gov/2019/TOB/h/pdf/2019HB-05139-R00-HB.PDF
https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05139&which_year=2019
This bill proposal would allow for the expansion, change in location and establishment of tobacco bars.
Preemptive: No
Anti-Preemption Clause: No

HB6512—(marijuana and housing)—An Act Permitting A Landlord to Prohibit a Person from Smoking Marijuana in the Landlord’s Rental Unit
https://www.cga.ct.gov/2019/TOB/h/pdf/2019HB-06512-R00-HB.PDF
https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB06512&which_year=2019
This bill allows landlords to prohibit smoking in their rental units.
Preemptive: No
Anti-Preemption Clause: No

SB627—(behavioral health facilities)—An Act Prohibiting Smoking At Certain Private, Nonprofit Behavioral Health Facilities
https://www.cga.ct.gov/2019/TOB/s/pdf/2019SB-00627-R00-SB.PDF
https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=SB00627&which_year=2019
This bill prohibits smoking in private, nonprofit behavioral health facilities that are funded by or have a contact with the state.
Preemptive: No
Anti-Preemption Clause: No

SB750—(state beaches)—An Act Concerning Smoking and Vaping on Beaches in State Parks—Public hearing scheduled for 2/4
https://www.cga.ct.gov/2019/TOB/s/pdf/2019SB-00752-R00-SB.PDF
https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=SB00752&which_year=2019
This bill prohibits smoking and vaping on beaches in state parks.
Preemptive: No
Anti-Preemption Clause: No

Florida

SB218—(beaches)—An act relating to smoking
http://www.flsenate.gov/Session/Bill/2019/218/BillText/Filed/PDF
http://www.flsenate.gov/Session/Bill/2019/00218
This bill prohibits smoking on a public beach.
Preemptive: No
Anti-Preemption Clause: No

HB237—(beaches)—An act relating to smoking
http://www.flsenate.gov/Session/Bill/2019/237/BillText/Filed/PDF
http://www.flsenate.gov/Session/Bill/2019/00237
This bill prohibits smoking on a public beach.
Preemptive: No
Anti-Preemption Clause: No

HB389—(housing disclosure)—An Act relating to a notice of tobacco smoking policy on rental premises
http://www.flsenate.gov/Session/Bill/2019/389/BillText/Filed/PDF
http://www.flsenate.gov/Session/Bill/2019/00389
This This bill requires landlords to disclose to prospective tenants in writing the smoking policy in the building, whether smoking is allowed, prohibited, or limited to specified areas.
Preemptive: No
Anti-Preemption Clause: No

SB372—(indoor marijuana smoking)—An act relating to smoking marijuana for medical use
http://www.flsenate.gov/Session/Bill/2019/372/BillText/Filed/HTML
http://www.flsenate.gov/Session/Bill/2019/00372/?Tab=BillText
This bill amends the state’s medical marijuana law to allow for the smoking of medical marijuana, which is prohibited on public transportation and in public places, however smoking low-THC marijuana is still permitted in these indoor public venues.
Preemptive: No
Anti-Preemption Clause: No

SB516—(state parks)—A bill relating to smoking in state parks
http://www.flsenate.gov/Session/Bill/2019/516/BillText/Filed/PDF
http://www.flsenate.gov/Session/Bill/2019/00516
This bill prohibits smoking within a state park.
Preemptive: No
Anti-Preemption Clause: No

SPB7012—(e-cigarette use)—An Act relating to vaping—On agenda for 2/5 in Committee on Innovation, Industry, and Technology
http://www.flsenate.gov/Session/Bill/2019/7012/BillText/pb/PDF
http://www.flsenate.gov/Session/Bill/2019/07012
This bill authorizes Amendment 9, which passed on the 2018 statewide ballot, to prohibit vaping where smoking is prohibited by the Florida Clean Indoor Air Act. The bill keeps the state’s strict preemption on local laws addressing smoking, but it does permit local laws regulating vaping.
Preemptive: No
Anti-Preemption Clause: Yes

Georgia

HB17—(vehicles with minors)—A bill relating to offences against public health
http://www.legis.ga.gov/Legislation/20192020/179675.pdf
http://www.legis.ga.gov/Legislation/en-US/display/20192020/HB/17
This bill prohibits smoking in a vehicle when a person under age 13 is present.
Preemptive: No
Anti-Preemption Clause: No

Hawaii

HB195—(expand local control)—An Act Relating To County Authority on the Sale of Tobacco Products
https://www.capitol.hawaii.gov/session2019/bills/HB195_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=195&year=2019
This bill amends the state smokefree law to expand local control. Currently, counties have the authority to adopt smoking ordinances, and this bill would expand that authority to adopt ordinances that regulate the sale or use of cigarettes, tobacco products, or electronic smoking devices.
Preemptive: No
Anti-Preemption Clause: Yes

HB810—(condominiums)—An Act relating to condominiums
https://www.capitol.hawaii.gov/session2019/bills/HB810_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=810&year=2019
This bill clarifies that condominium associations may adopt rules that require unit owners to prohibit smoking in units as part of a lease agreement; and prohibit smoking on a lanai of a unit and in all common areas.
Preemptive: No
Anti-Preemption Clause: Yes

HB1019—(expand local control)—A bill Relating to County Authority on the Sale and Use of Tobacco Products
https://www.capitol.hawaii.gov/session2019/bills/HB1019_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1019&year=2019
This bill expands local control for local ordinances that regulate the sale and use of cigarettes, tobacco products, and electronic smoking devices.
Preemptive: No
Anti-Preemption Clause: Yes

HB1257—(condominiums)—An Act relating to condominiums—Hearing scheduled in Committee on Consumer Protection and Commerce for 2/5
https://www.capitol.hawaii.gov/session2019/bills/HB1257_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1257&year=2019
This bill clarifies that condominium associations may adopt rules that require unit owners to prohibit smoking in units as part of a lease agreement; and prohibit smoking on a lanai of a unit and in all common areas.
Preemptive: No
Anti-Preemption Clause: Yes

HB1284—(expand local control)—A bill relating to public health—Hearing scheduled in Committee on Health for 2/5
https://www.capitol.hawaii.gov/session2019/bills/HB1284_.htm
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1284&year=2019
This bill expands local control for local ordinances that regulate the sale and use of cigarettes, tobacco products, and electronic smoking devices.
Preemptive: No
Anti-Preemption Clause: Yes

SB182—(expand local control)—An Act Relating To County Authority on the Sale of Tobacco Products
https://www.capitol.hawaii.gov/session2019/bills/SB182_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=182&year=2019
This bill amends the state smokefree law to expand local control. Currently, counties have the authority to adopt smoking ordinances, and this bill would expand that authority to adopt ordinances that regulate the sale or use of cigarettes, tobacco products, or electronic smoking devices.
Preemptive: No
Anti-Preemption Clause: Yes

SB269—(condominiums)—An Act relating to condominiums
https://www.capitol.hawaii.gov/session2019/bills/SB269_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=269&year=2019
This bill clarifies that condominium associations may adopt rules that require unit owners to prohibit smoking in units as part of a lease agreement; and prohibit smoking on a lanai of a unit and in all common areas.
Preemptive: No
Anti-Preemption Clause: Yes

SB524—(expand local control)—An Act Relating To County Authority on the Sale of Tobacco Products
https://www.capitol.hawaii.gov/session2019/bills/SB524_.htm
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=524&year=2019
This bill amends the state smokefree law to expand local control. Currently, counties have the authority to adopt smoking ordinances, and this bill would expand that authority to adopt ordinances that regulate the sale or use of cigarettes, tobacco products, or electronic smoking devices.
Preemptive: No
Anti-Preemption Clause: Yes

SB1245—(expand local control)—A bill Relating to County Authority on the Sale and Use of Tobacco Products
https://www.capitol.hawaii.gov/session2019/bills/SB1245_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=1245&year=2019
This bill expands local control for local ordinances that regulate the sale and use of cigarettes, tobacco products, and electronic smoking devices.
Preemptive: No
Anti-Preemption Clause: Yes

Indiana

SB34—(vehicles with minors)—A bill concerning alcohol and tobacco
http://iga.in.gov/legislative/2019/bills/senate/34#document-ce1b2309
http://iga.in.gov/legislative/2019/bills/senate/34
This bill prohibits smoking in a vehicle while a child less than six years of age is a passenger. Smoking in a vehicle is not punishable until the fourth offence within 12 months.
Preemptive: No
Anti-Preemption Clause: No

HB1551—(technical change)—A bill concerning alcohol and tobacco
http://iga.in.gov/legislative/2019/bills/house/1551#document-8f53e0e0
http://iga.in.gov/legislative/2019/bills/house/1551
This omnibus tobacco control bill increases the tax on tobacco products and raises the age of sale for tobacco products to 21, and amends the exemptions in the smokefree air law that allow smoking in private clubs, retail tobacco stores, and cigar lounges to reflect the change in age from 18 to 21. 
Preemptive: No
Anti-Preemption Clause: No

Iowa

SF109—(gaming)—An Act relating to the elimination of the exemption of gaming floors
https://www.legis.iowa.gov/docs/publications/LGI/88/SF109.pdf
https://www.legis.iowa.gov/legislation/billTracking/billHistory?ga=88&billName=SF109
This bill amends the Smokefree Air Act to remove the exemption allowing smoking on gaming floors of gambling facilities.
Preemptive: No
Anti-Preemption Clause: No

SF110—(gaming floor exemption)—An Act relating to smoking relative to gaming floors
https://www.legis.iowa.gov/docs/publications/LGI/88/SF110.pdf
https://www.legis.iowa.gov/legislation/billTracking/billHistory?ga=88&billName=SF110
This bill amends the smokefree Air Act, which allows smoking on the gaming floor of a gambling facility, to continue allowing smoking on the gaming floor if an equal amount of gaming floor is designated as non-smoking. This is a partial measure that will still allow smoking inside gaming facilities.
Preemptive: No
Anti-Preemption Clause: No

Kentucky

BR312—(schools)—An Act relating to student health
http://www.lrc.ky.gov/recorddocuments/bill/19RS/BR312/bill.pdf
http://www.lrc.ky.gov/record/19RS/prefiled/BR312.htm
This bill prohibits smoking and the use of tobacco products, alternative nicotine products, or vapor products in and on K-12 property.
Preemptive: No
Anti-Preemption Clause: Yes

BR234—(schools)—An Act relating to student health
http://www.lrc.ky.gov/recorddocuments/bill/19RS/BR234/bill.pdf
http://www.lrc.ky.gov/record/19RS/prefiled/BR234.htm
This bill prohibits smoking and the use of tobacco products, alternative nicotine products, or vapor products in and on K-12 property.
Preemptive: No
Anti-Preemption Clause: Yes

Maine

LD343—(cigar bar exemption)—An Act To Promote Equity in Business Opportunity for Tobacco Specialty Stores
http://www.mainelegislature.org/legis/bills/bills_129th/billtexts/HP026901.asp
http://legislature.maine.gov/LawMakerWeb/dockets.asp?ID=280071127
This bill creates an exemption to allow tobacco specialty stores to be licensed as a cigar lounges, which may allow smoking and serve alcohol.
Preemptive: No
Anti-Preemption Clause: No

Maryland

HB27—(e-cigarette use)—An Act concerning the Clean Indoor Air Act
http://mgaleg.maryland.gov/2019RS/bills/hb/hb0027f.pdf
http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&id=hb0027&stab=01&ys=2019RS
This bill amends the definition of smoking to include an electronic cigarette device and prohibits their use wherever smoking is prohibited.
Preemptive: No
Anti-Preemption Clause: Yes

Massachusetts  

SD262—(public housing)—An Act prohibiting smoking near public housing buildings
https://malegislature.gov/Bills/191/SD262.pdf
https://malegislature.gov/Bills/191/SD262
This bill prohibits smoking within 25 feet of any building within a development for housing owned or operated by a housing authority.
Preemptive: No
Anti-Preemption Clause: No

Mississippi

HB83—(workplaces, restaurants, bars, and gaming)—Mississippi Smoke-free Air Act of 2019
http://billstatus.ls.state.ms.us/documents/2019/pdf/HB/0001-0099/HB0083IN.pdf
http://billstatus.ls.state.ms.us/2019/pdf/history/HB/HB0083.xml
This bill prohibits smoking, including the use of e-cigarettes, in enclosed public places and workplaces, including restaurants, bars, gaming facilities, private clubs, hotel/motels; as well as within 20 feet from:  building entrances, outdoor seating areas of restaurants and bars, outdoor playgrounds, outdoor public transportation, and also outdoor stadiums and arenas, outdoor service lines, on outdoor property adjacent to state buildings, outdoor common areas of multi-unit housing, and in outdoor places of employment.
Preemptive: No
Anti-Preemption Clause: Yes
EXEMPTIONS: Smoking is allowed in private residences unless used as a childcare, adult day care, or health care facility.

HB252—(vehicles with minors)—An Act To Prohibit Persons From Knowingly Smoking In A Motor Vehicle
http://billstatus.ls.state.ms.us/documents/2019/pdf/HB/0200-0299/HB0252IN.pdf
http://billstatus.ls.state.ms.us/2019/pdf/history/HB/HB0252.xml
This bill prohibits smoking in a vehicle with child passenger under age six.
Preemptive: No
Anti-Preemption Clause: No

Montana

SB122—(e-cigarette use)—An Act Revising the Montana Clean Indoor Air Act—Tabled in Public Health, Welfare and Safety Committee
http://leg.mt.gov/bills/2019/billpdf/SB0122.pdf
http://laws.leg.mt.gov/legprd/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=122&P_BLTP_BILL_TYP_CD=SB&Z_ACTION=Find&P_SESS=20191
This bill amends the state smokefree law to prohibit the use of inhalant delivery systems (e-cigarettes) in places that are required to be smokefree.
Preemptive: No
Anti-Preemption Clause: No

Nebraska

LB149—(e-cigarette use)—An Act relating to vapor products
http://www.nebraskalegislature.gov/FloorDocs/106/PDF/Intro/LB149.pdf
https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=36920
This bill amends the Nebraska Clean Indoor Air Act to define smoking to include the use of a vapor product, and prohibits the use of these products where smoking is prohibited. The bill also more broadly addresses vapor products, including increasing the age of sale to 21 and unfortunately penalizing youth possession.
Preemptive: No
Anti-Preemption Clause: No

New Hampshire

HB139—(state parks)—An Act prohibiting smoking in state parks—Hearing in Resources, Recreation and Development Committee on 2/12
http://gencourt.state.nh.us/bill_Status/billText.aspx?sy=2019&id=72&txtFormat=pdf&v=current
http://gencourt.state.nh.us/bill_Status/bill_status.aspx?lsr=0072&sy=2019&txtsessionyear=2019&txttitle=smoking&sortoption=
This bill prohibits smoking on state park property.
Preemptive: No
Anti-Preemption Clause: No

HB230—(vehicles with minors)—An Act prohibiting smoking in motor vehicles when a passenger is under 16 years of age—Hearing in Transportation Committee on 2/5
http://gencourt.state.nh.us/bill_Status/billText.aspx?sy=2019&id=412&txtFormat=pdf&v=current
http://gencourt.state.nh.us/bill_Status/bill_status.aspx?lsr=0410&sy=2019&txtsessionyear=2019&txttitle=smoking&sortoption=
This bill prohibits smoking in motor vehicles when a passenger under the age of 16 is in the vehicle.
Preemptive: No
Anti-Preemption Clause: No

New Mexico

HB256—(workplaces and e-cigarette use)—An Act relating to public health
https://www.nmlegis.gov/Sessions/19%20Regular/bills/house/HB0256.pdf
https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&LegNo=256&year=19
This bill amends the Dee Johnson Clean Indoor Air Act to prohibit the use of e-cigarettes in places required to be smokefree, and removes exemptions that allow smoking in multiple venues including retail tobacco stores, cigar bars, state-licensed gaming venues, private clubs, designated smoking areas, private functions at restaurants and bars, businesses with fewer than 2 employees, and theatrical productions.
Preemptive: No
Anti-Preemption Clause: No

SB61—(e-cigarette use)—An Act relating to public health—Died
https://www.nmlegis.gov/Sessions/19%20Regular/bills/senate/SB0061.pdf
https://www.nmlegis.gov/Legislation/Legislation?Chamber=S&LegType=B&LegNo=61&year=19
This bill amends the Dee Johnson Clean Indoor Air Act to prohibit the use of e-cigarettes in places required to be smokefree.
Preemptive: No
Anti-Preemption Clause: No

New Jersey

A3962—(vehicles with minors)—An Act concerning smoking in automobiles
http://www.njleg.state.nj.us/2018/Bills/A4000/3962_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A3962    
This bill prohibits smoking in automobile when a person age 17 or under is present.
Preemptive: No
Anti-Preemption Clause: No

A4021—(beaches)—An Act concerning smoking at public beaches
http://www.njleg.state.nj.us/2018/Bills/A4000/4021_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A4021    
This bill revises the New Jersey Smoke-Free Air Act to prohibit smoking at public beaches.
Preemptive: No
Anti-Preemption Clause: No

A4102—(cigar lounge exemption)—An Act concerning indoor smoking—Signed by Governor 12/17
http://www.njleg.state.nj.us/2018/Bills/A4000/4102_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A4102    
This bill allows cigar bars and lounges to renew lapsed exemption from ban on indoor smoking under certain circumstances.
Preemptive: No
Anti-Preemption Clause: No

A4423—(outdoor public places)—An Act concerning smoking in public places
https://www.njleg.state.nj.us/2018/Bills/A4500/4423_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A4423    
This bill prohibits smoking at certain outdoor public places including race track facilities, facilities used for sporting events, recreational facilities, amusement parks, recreational areas, marinas, natural areas, and boardwalks.
Preemptive: No
Anti-Preemption Clause: No

A4764—(casino workers)—An Act concerning workers compensation
https://www.njleg.state.nj.us/2018/Bills/A5000/4764_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A4764    
This bill creates a rebuttable presumption that any condition or impairment of health of a casino employee which may be caused by any disease of the respiratory system shall be presumed to be an occupational disease compensable under the provisions of the State’s workers’ compensation law if the employee is working, or has worked, in a smoking area of a casino.
Preemptive: No
Anti-Preemption Clause: No

S2534—(parks and beaches)—An Act concerning smoking at public parks and beaches—Signed by Governor on 7/20/18
http://www.njleg.state.nj.us/2018/Bills/S1500/2534_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S2534      
This bill prohibits smoking at public parks and beaches, which include a park or forest, a county or municipal park, or a State or municipal beach, recreational area, marina, historic site, burial site or natural area, but does not include golf courses or any parking lots adjacent to but outside the park or beach. Municipalities would be allowed to designate up to 15% of beach property as smoking areas.
Preemptive: No
Anti-Preemption Clause: No

S2626—(cigar lounge exemption)—An Act concerning indoor smoking
http://www.njleg.state.nj.us/2018/Bills/S1500/2626_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S2626      
This bill allows cigar bars and lounges to renew lapsed exemption from ban on indoor smoking under certain circumstances.
Preemptive: No
Anti-Preemption Clause: No

S2640—(e-cigarette retailer exemption)—An Act concerning vapor retail establishments
http://www.njleg.state.nj.us/2018/Bills/S1500/2640_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S2640      
This bill permits the use of electronic smoking devices in vapor retail establishments.
Preemptive: No
Anti-Preemption Clause: No

S2779—(hotel rooms)—An Act concerning smoking in hotel guest rooms
https://www.njleg.state.nj.us/2018/Bills/S3000/2779_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S2779      
This bill prohibits smoking in any of the guest rooms in hotels, motels, or other lodging establishments in the State, except for guest rooms in approved casino hotels.
Preemptive: No
Anti-Preemption Clause: No

S2908—(outdoor public places)—An Act concerning smoking in public places
https://www.njleg.state.nj.us/2018/Bills/S3000/2908_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S2908
This bill prohibits smoking at certain outdoor public places including race track facilities, facilities used for sporting events, recreational facilities, amusement parks, recreational areas, marinas, natural areas, and boardwalks.
Preemptive: No
Anti-Preemption Clause: No

S3182—(vehicles with minors)—An Act concerning smoking in automobiles
https://www.njleg.state.nj.us/2018/Bills/S3500/3182_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S3182
This bill prohibits smoking in vehicles when a child under age 17 is present.
Preemptive: No
Anti-Preemption Clause: No

S3230—(casino workers)—An Act concerning workers compensation
https://www.njleg.state.nj.us/2018/Bills/S3500/3230_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S3230
This bill creates a rebuttable presumption that any condition or impairment of health of a casino employee which may be caused by any disease of the respiratory system shall be presumed to be an occupational disease compensable under the provisions of the State’s workers’ compensation law if the employee is working, or has worked, in a smoking area of a casino.
Preemptive: No
Anti-Preemption Clause: No

North Dakota

HB1274—(vehicles with minors)—A relating to smoking in a motor vehicle with a child present—Failed vote 57-31
https://www.legis.nd.gov/assembly/66-2019/documents/19-0672-01000.pdf
https://www.legis.nd.gov/assembly/66-2019/bill-actions/ba1274.html
This bill prohibits smoking and vaping in a motor vehicle when a child under age nine is present.
Preemptive: No
Anti-Preemption Clause: No

SB2137—(cigar bar exemption)—An Act relating to cigar bars
https://www.legis.nd.gov/assembly/66-2019/documents/19-0675-01000.pdf
https://www.legis.nd.gov/assembly/66-2019/bill-actions/ba2137.html
This bill creates an exemption to allow smoking in cigar bars.
Preemptive: No
Anti-Preemption Clause: No

Oklahoma

HB1389—(expand definition of smoking)—An Act relating to public health and safety
http://webserver1.lsb.state.ok.us/cf_pdf/2019-20%20INT/hB/HB1389%20INT.PDF
http://www.oklegislature.gov/BillInfo.aspx?Bill=HB1389&Session=1900
This bill amends the definition of smoking to include lighted marijuana or the use of an electronic cigarette. These products may not be used where smoking is prohibited, which is limited to the select workplaces and public places covered under Oklahoma’s weak smokefree law.
Preemptive: No
Anti-Preemption Clause: No

SB290—(e-cigarette use)—An Act relating to smoking in public places
http://webserver1.lsb.state.ok.us/cf_pdf/2019-20%20INT/SB/SB290%20INT.PDF
http://www.oklegislature.gov/BillInfo.aspx?Bill=SB290&Session=1900
This bill amends the current state law by prohibiting the use of a vapor product wherever smoking is not allowed under Oklahoma’s weak smokefree law.
Preemptive: No
Anti-Preemption Clause: No

Oregon

HB2233—(marijuana lounges and special events)—A bill relating to marijuana
https://olis.leg.state.or.us/liz/2019R1/Downloads/MeasureDocument/HB2233/Introduced
https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/HB2233
This bill allows onsite consumption of marijuana, including smoking and vaping, at temporary special events, and for the creation of marijuana lounges. At special events, designated areas for smoking and vaping need to have a ventilation system. Cannabis lounge licenses may be obtained by public or private clubs, and the consumption of marijuana items intended to be smoked, aerosolized or vaporized must be restricted to designated outdoor areas, and also designated areas for smoking and vaping need to have a ventilation system, which implies indoor use.
Preemptive: No
Anti-Preemption Clause: No

Pennsylvania

HB217—(vehicles with minors)—An Act prohibiting persons from smoking in motor vehicles occupied by child under 18 years
https://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2019&sessInd=0&billBody=H&billTyp=B&billNbr=0217&pn=0187
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2019&sind=0&body=H&type=B&bn=0217
This bill prohibits smoking in a motor vehicle when a person under age 18 is present.
Preemptive: No
Anti-Preemption Clause: No

South Carolina
H3422—(schools)—A bill relating in Part to the Prohibition of Smoking in Public Schools
https://www.scstatehouse.gov/sess123_2019-2020/bills/3422.htm
https://www.scstatehouse.gov/sess123_2019-2020/bills/3422.htm
This bill prohibits smoking and vaping in preschools and public schools, and on campus grounds, by removing the exemption that currently allows smoking in private offices and teachers lounges.
Preemptive: No
Anti-Preemption Clause: No

S0396—(schools)—A bill relating in Part to the Prohibition of Smoking in Public Schools
https://www.scstatehouse.gov/sess123_2019-2020/bills/396.htm
https://www.scstatehouse.gov/sess123_2019-2020/bills/396.htm
This bill prohibits smoking and vaping in preschools and public schools, and on campus grounds, by removing the exemption that currently allows smoking in private offices and teachers lounges.
Preemptive: No
Anti-Preemption Clause: No

Tennessee           

HB0009—(partial preemption repeal)—An Act relative to the regulation of products containing nicotine
http://www.capitol.tn.gov/Bills/111/Bill/HB0009.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB0009&GA=111
This bill authorizes Knox County and Knoxville to prohibit smoking on the grounds of any playground owned or operated by the local government.
Preemptive: No
Anti-Preemption Clause: No

HB0097—(e-cigarette use)—An Act relative to vapor products
http://www.capitol.tn.gov/Bills/111/Bill/HB0097.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB0097&GA=111
This bill prohibits the use of vapor products in the places where smoking is restricted under the Children's Act for Clean Indoor Air. This weak law restricts, but does not prohibit, smoking in places like child care centers, health care facilities, museums, residential treatment facilities, and school grounds.
Preemptive: No
Anti-Preemption Clause: No

SB0009—(partial preemption repeal)—An Act relative to the regulation of products containing nicotine—On Senate Commerce and Labor Committee calendar for 2/5
http://www.capitol.tn.gov/Bills/111/Bill/SB0009.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB0009&GA=111
This bill authorizes Knox County and Knoxville to prohibit smoking on the grounds of any playground owned or operated by the local government.
Preemptive: No
Anti-Preemption Clause: No

SB0026—(e-cigarette use)—An Act relative to vapor products
http://www.capitol.tn.gov/Bills/111/Bill/SB0026.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB0026&GA=111
This bill prohibits the use of vapor products in the places where smoking is restricted under the Children's Act for Clean Indoor Air. This weak law restricts, but does not prohibit, smoking in places like child care centers, health care facilities, museums, residential treatment facilities, and school grounds.
Preemptive: No
Anti-Preemption Clause: No

Texas

HB900—(vehicles with minors)—A bill relating to the act of smoking tobacco in a vehicle with a child present
https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB00900I.pdf
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB900
This bill prohibits smoking in a vehicle when a child is present who is required to be secured in a child passenger safety seat system (under age 8).
Preemptive: No
Anti-Preemption Clause: No

Virginia

HB1744—(vehicles with minors)—A bill relating to smoking in motor vehicle with a minor present—House subcommittee recommends laying on the table 5-3
http://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+HB1744+pdf 
http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+HB1744
This bill amends the current law that prohibits smoking in vehicles when a person under age 8 is present to expand it to when people under age 18 are present.
Preemptive: No
Anti-Preemption Clause: No

HB2019—(vehicles with minors)—A bill relating to smoking in motor vehicle with a minor present—House subcommittee recommends laying on the table 5-3
http://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+HB2091+pdf
http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+HB2091
This bill amends the current law that prohibits smoking in vehicles when a person under age 8 is present to expand it to when people under age 16 are present, and to include a nicotine vapor product.
Preemptive: No
Anti-Preemption Clause: No

SB1304—(partial preemption repeal)—A bill relating to regulation of smoking in outdoor amphitheater or concert venue—Passed Senate 24-16
http://leg1.state.va.us/cgi-bin/legp504.exe?191+ful+SB1304+pdf
http://leg1.state.va.us/cgi-bin/legp504.exe?191+sum+SB1304
This bill partially restores local control to allow municipalities to designate nonsmoking areas within outdoor amphitheaters or concert venues owned by municipalities.
Preemptive: No
Anti-Preemption Clause: No

West Virginia

HB2077—(vehicles with minors)—A bill relating to prohibiting smoking in an enclosed motor vehicle
http://www.wvlegislature.gov/Bill_Text_HTML/2019_sessions/RS/bills/hb2077%20intr.htm
http://www.wvlegislature.gov/bill_status/Bills_history.cfm?input=2077&year=2019&sessiontype=RS&btype=bill
This bill prohibits smoking in a vehicle when a child under age 8 is present.
Preemptive: No
Anti-Preemption Clause: No

SB81—(vehicles with minors)—A bill relating to prohibiting smoking in an enclosed motor vehicle
http://www.wvlegislature.gov/Bill_Text_HTML/2019_sessions/RS/bills/SB81%20SUB1.htm
http://www.wvlegislature.gov/bill_status/Bills_history.cfm?input=81&year=2019&sessiontype=RS&btype=bill
This bill prohibits smoking in a vehicle when a child under age 17 is present.
Preemptive: No
Anti-Preemption Clause: No