Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Action Alert

Preemption Watch Bill Tracking Summary

Publication Date: 2/6/2018

February 6, 2018

This week’s editorial in the Tallahassee Democrat by tobacco control advocate Dr. Barry Hummel highlights how preemption prevents communities across Florida from regulating smoking in outdoor spaces including playgrounds and athletic fields, and highlights two bills that would restore local control for public parks.

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:

Alaska: SB63—(workplaces, restaurants, and bars)—Passed House Judiciary Committee on 1/24, sent to Rules Committee
Florida: SB562 (partial preemption repeal)—Passed Health Policy Committee, on Rules Committee for 2/7; HB627 (partial preemption repeal)
Indiana: HB1381 (bars and gaming)
Iowa: SF249 (gaming)Carry over to 2018; SF261 (gaming)—Carry over to 2018
Kansas: HB2413 (gaming)Carry over to 2018
Kentucky: SB93 (local control)
Mississippi: HB142 (workplaces, restaurants, bars, and gaming)—Died in Committee
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)—Carry over to 2018; HB0122 (restore local control)—Carry over to 2018; HB0279 (partial local control)—Carry over to 2018; SB0278 (partial local control)—Carry over to 2018; SB0303 (restore local control)—Carry over to 2018; HB1932 (partial local control); HB2327 (partial local control); SB2525 (partial local control)
Virginia:
SB149 (partial preemption repeal)—Passed Senate on 1/24

· 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)
Virginia:
H794 (government buildings)—General Laws Subcommittee failed to recommend bill

· 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)Carry over to 201
New Jersey:
A1024 (cigar bar exemption); A1315 (cigar bar exemption); A2081 (e-cigarette lounge exemption); S1377 (cigar bar exemption)
Oklahoma: HB2541 (prison exemption)
Virginia: H1518 (hookah exemption)—General Laws Subcommittee recommends bill
Washington: HB1919 (cigar lounge and retail tobacco exemption)By resolution, reintroduced and retained in present status on 1/8

· 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
West Virginia: SB80 (preemption; boards of health); HB2095 (preemption; boards of health); HB4043 (preemption; boards of health)

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

Alabama: HB26 (vehicles with minors)—Passed House on 1/30
Georgia: HB18 (vehicles with minors)—Carry over to 2018; HB274 (vehicles with minors)—Carry over to 2018
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)
Illinois:
SB1221 (vehicles with minors)Carry over to 2018
Massachusetts: H1170 (vehicles with minors)Carry over to 2018
Mississippi: HB123 (vehicles with minors)—Died in Committee
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)Carry over to 2018
West Virginia: SB61 (vehicles with minors); HB4171—(vehicles with minors); HB4177 (vehicles with minors)

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

California: AB1097 (state parks and beaches)—Passed Assembly and sent to Senate; SB835 (state parks); SB836 (state beaches)
Hawaii:
HB429 (college campuses)Carry over to 2018; HB1153 (college campuses)—Carry over to 2018; SB134 (college campuses)—Carry over to 2018; SB1019 (college campuses)—Carry over to 2018; HB1696 (sidewalks); HB2735—(university campuses)
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)
New York: A00330 (library entrances)Carry over to 2018; S00169 (library entrances)—Carry over to 2018; 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); SB2783 (public housing)
Massachusetts: H2448 (public housing distance)Carry over to 2018; H3602 (condominiums)—Carry over to 2018
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)—Carry over to 2018
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)Carry over to 2018; H2864 (broad tobacco control bill)—Accompanied a new draft H4109; H4109 (broad tobacco control bill)—Reported favorably by Public Health Committee and referred to Committee on Health Care Financing
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); S2228 (e-cigarettes)
Tennessee: HB1867 (e-cigarette use); SB1850 (e-cigarette use)
Washington: HB1919 (cigar lounge and retail tobacco exemption)Carry over to 2018

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

California: AB1090 (marijuana use)—Carry over to 2018
Maine: LD799 (disclosure re: marijuana)Carry over to 2018; LD1719 (marijuana)

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

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
Kentucky: SB51 (schools)
Massachusetts:
S1188 (tobacco-free pharmacies)Carry over to 2018; S1189 (tobacco-free pharmacies)—Carry over to 2018; H1217 (schools)Accompanied a new draft H4109; H2455 (tobacco-free pharmacies)Accompanied a new draft H4109
Minnesota: SF2370 (schools)Carry over to 2018
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: HB155 (government complex)—Amended and passed House Government Operations Committee
Wisconsin: AB159 (schools)


 


Summaries of all NEW bills are listed below       

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

Hawaii

HB2356—(public housing)—An Act relating to the Hawaii Public Housing Authority
https://www.capitol.hawaii.gov/session2018/bills/HB2356_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2356&year=2018
This bill amends the current law prohibiting smoking at public housing projects and state low-income housing projects to state that smoking is not permitted with 25 feet of residential and administrative buildings.
Preemptive: No
Anti-Preemption Clause: No

HB2535—(vehicles with minors)—An Act relating to health
https://www.capitol.hawaii.gov/session2018/bills/HB2535_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2535&year=2018
This bill prohibits smoking in a motor vehicle in which a person under the age of 18 is present.
Preemptive: No
Anti-Preemption Clause: No

SB2783—(public housing)—An Act relating to the Hawaii Public Housing Authority
https://www.capitol.hawaii.gov/session2018/bills/SB2783_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2783&year=2018
This bill amends the current law prohibiting smoking at public housing projects and state low-income housing projects to state that smoking is not permitted with 25 feet of residential and administrative buildings.
Preemptive: No
Anti-Preemption Clause: No

HB2735—(university campuses)—An Act relating to health
https://www.capitol.hawaii.gov/session2018/bills/HB2735_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2735&year=2018
This bill prohibits tobacco use and smoking, including the use of electronic smoking devices, by any person on the premises of the University of Hawaii.
Preemptive: No
Anti-Preemption Clause: No

Kentucky

SB93—(local control)—An Act relating to the sale of tobacco products
http://www.lrc.ky.gov/recorddocuments/bill/18RS/SB93/bill.pdf
http://www.lrc.ky.gov/record/18RS/SB93.htm
This bill confirms that a city or county government may regulate the use, display, sale, or distribution of tobacco products or vapor products.
Preemptive: No
Anti-Preemption Clause: Yes

Maine

LD1719—(marijuana)—An Act to Implement a Regulatory Structure for Adult Use Marijuana
http://legislature.maine.gov/bills/getPDF.asp?paper=HP1199&item=1&snum=128
http://legislature.maine.gov/LawMakerWeb/summary.asp?ID=280067229
This broad marijuana bill would create licensed marijuana social clubs and retailers which would not be permitted to allow smoking in accordance with state law regarding smoking in public places and public areas. Bill will be monitored in case protections are weakened.
Preemptive: No
Anti-Preemption Clause: No

New Jersey

S1235—(parks and beaches)—An Act concerning smoking at public parks and beaches
http://www.njleg.state.nj.us/2018/Bills/S1500/1235_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S1235      
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

S1237—(casinos)—An Act amending the New Jersey Smoke-Free Air
http://www.njleg.state.nj.us/2018/Bills/S1500/1237_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S1237      
This bill eliminates the exemption that allows smoking in casinos and simulcasting facilities.
Preemptive: No
Anti-Preemption Clause: No

S1377—(cigar bar exemption)—An Act concerning cigar bars
http://www.njleg.state.nj.us/2018/Bills/S1500/1377_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S1377      
This bill permits new cigar lounges to be opened under certain circumstances.
Preemptive: No
Anti-Preemption Clause: No

A2555—(cigar bar exemption)—An Act creating a cigar night smoking ban exemption for racetracks and off-track wagering facilities
http://www.njleg.state.nj.us/2018/Bills/A3000/2555_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A2555   
This bill creates an exemption to allow smoking at up to five cigar nights a year at racetracks and off-track wagering facilities.
Preemptive: No
Anti-Preemption Clause: No

Oklahoma

HB2969—(distance)—An Act relating to smoking
http://webserver1.lsb.state.ok.us/cf_pdf/2017-18%20int/HB/HB2969%20int.pdf
http://www.oklegislature.gov/BillInfo.aspx?Bill=HB2969&Session=1800
This bill prohibits smoking within fifty feet of entrance or exit of state buildings.
Preemptive: No
Anti-Preemption Clause: No

HB2541—(prison exemption)—An Act relating to tobacco in prisons
http://webserver1.lsb.state.ok.us/cf_pdf/2017-18%20int/HB/HB2541%20int.pdf
http://www.oklegislature.gov/BillInfo.aspx?Bill=HB2541&Session=1800
This bill creates an exemption in the law that currently prohibits tobacco use inside and on the grounds of Department of Corrections facilities, which would allow smoking in designated outdoor smoking areas.
Preemptive: No
Anti-Preemption Clause: No

Rhode Island

H7299—(marijuana and e-cigarettes)—An Act relating to health and safety
http://webserver.rilin.state.ri.us/billtext18/housetext18/h7299.htm
http://status.rilin.state.ri.us/
This bill states that all laws protecting against secondhand smoke exposure will be interpreted as including marijuana smoke and e-cigarette vapor.
Preemptive: No
Anti-Preemption Clause: No

S2228—(e-cigarettes)—An Act relating to health and safety
http://webserver.rilin.state.ri.us/BillText/BillText18/SenateText18/S2228.pdf
http://status.rilin.state.ri.us/
This bill amends the state smokefree air law by amending the definition of smoking to include the use of electronic cigarettes and prohibit their use in smokefree places, except that e-cigarette use is allowed in electronic smoking device establishments that serve food or alcohol and generate at least 33% of sales receipts from serving electronic smoking devices.
Preemptive: No
Anti-Preemption Clause: No

Tennessee

HB1867—(e-cigarette use)—An Act relative to the Non-Smoker Protection Act
http://www.capitol.tn.gov/Bills/110/Bill/HB1867.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB1867&GA=110  
This bill amends the definition of smoking in the partial state smokefree air law to include products that containing nicotine or any other substance and produce or emit vapor.
Preemptive: No
Anti-Preemption Clause: No

HB1932—(partial local control)—An Act relative to exceptions to state preemption in certain health-related areas
http://www.capitol.tn.gov/Bills/110/Bill/HB1932.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB1932&GA=110
This bill restores local control to allow municipalities to regulate smoking in age-restricted venues (restaurants and bars), hotels, private clubs that do not meet the definition of a club and do not serve alcohol, public property, and parks. Unfortunately, the bill does not allow municipalities to regulate smoking in private workplaces because the partial state smokefree law allows smoking rooms in private workplaces with three or fewer employees.
Preemptive: No
Anti-Preemption Clause: Yes

HB2327—(partial local control)—An Act relative to exceptions to state preemption in certain health-related areas
http://www.capitol.tn.gov/Bills/110/Bill/HB2327.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB2327&GA=110
This bill restores local control to allow municipalities to regulate smoking in age-restricted venues (restaurants and bars), hotels, private clubs that do not meet the definition of a club and do not serve alcohol, public property, and parks. Unfortunately, the bill does not allow municipalities to regulate smoking in private workplaces because the partial state smokefree law allows smoking rooms in private workplaces with three or fewer employees.
Preemptive: No
Anti-Preemption Clause: Yes

SB1850—(e-cigarette use)—An Act relative to the Non-Smoker Protection Act
http://www.capitol.tn.gov/Bills/110/Bill/SB1850.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB1850&GA=110
This bill amends the definition of smoking in the partial state smokefree air law to include products that containing nicotine or any other substance and produce or emit vapor.
Preemptive: No
Anti-Preemption Clause: No

SB2525—(partial local control)—An Act relative to exceptions to state preemption in certain health-related areas
http://www.capitol.tn.gov/Bills/110/Bill/SB2525.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB2525&GA=110
This bill restores local control to allow municipalities to regulate smoking in age-restricted venues (restaurants and bars), hotels, private clubs that do not meet the definition of a club and do not serve alcohol, public property, and parks. Unfortunately, the bill does not allow municipalities to regulate smoking in private workplaces because the partial state smokefree law allows smoking rooms in private workplaces with three or fewer employees.
Preemptive: No
Anti-Preemption Clause: Yes

West Virginia

HB4043—(preemption; boards of health)—A bill relating to requiring national accreditation of local health departments
http://www.wvlegislature.gov/Bill_Text_HTML/2018_SESSIONS/RS/bills/hb4043%20intr.pdf
http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4043&year=2018&sessiontype=RS&btype=bill
This bill requires all local public health departments to be accredited by the Public Health Accreditation Board within five years.
Preemptive: YES
Anti-Preemption Clause: No