Preemption Watch: Bill Tracking Summary

Publication Date: 2019-03-08

March 8, 2018

Please email ANR with any new smokefree bills—or anticipated bills that we should keep our eyes open for in 2019—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)—Passed Health and Insurance Committee on 2/27, referred to House Committee of the Whole
Hawaii: HB195 (expand local control); HB1019 (expand local control); HB1284 (expand local control)—Passed Health Committee and re-referred to Health, Judicial, and Finance Committees; SB182 (expand local control)—Passed Committee on Commerce, Consumer Protection, And Health; SB524 (expand local control); SB1245 (expand local control)
Iowa: SF109 (gaming); HF379 (gaming)
Mississippi: HB83 (workplaces, restaurants, bars, and gaming)—Died in Committee
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)—Passed Health and Human Services Committee
New York: A02988 (hotels)
Tennessee: HB0009 (partial preemption repeal)—Passed House Local Committee on 3/6; SB0009 (partial preemption repeal)—Passed Senate 31-0 on 2/11; HB1335 (partial preemption repeal); SB0932 (partial preemption repeal)—Passed and Re-referred to Senate
Virginia: SB1304 (partial preemption repeal)—Sent to Governor on 3/4

· 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)—Amended and Passed Public Safety Committee; HB2288 (smoking rooms)—Amended and Passed Public Health Committee

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

Connecticut: HB5139 (tobacco bar exemption)
Maine: LD343 (cigar bar exemption); LD416 (outdoor dining area exemption)
Montana: HB644 (cigar bar exemption); HB481 (private club exemption)—Hearing Scheduled in Business, Labor, and Economic Affairs on 3/14
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); S2626 (cigar lounge exemption)
North Dakota: SB2137 (cigar bar exemption)—Failed vote 30-17

· The following states have preemptive bills:

Arkansas: HB1565 (tobacco product preemption)—Passed House
Montana: SB179 (smokefree preemption)—Passed Senate, Hearing in House Local Govt Committee on 3/12
New York: A03764 (preemptive gaming patio exemption)
South Carolina: H3274 (tobacco products preemption)—Passed House, sent to Senate; S492 (tobacco products preemption)

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

Alabama: HB24 (vehicles with minors)
Georgia: HB17 (vehicles with minors)
Illinois: HB2276 (vehicles with minors); HB2724 (vehicles with minors)
Indiana: SB34 (vehicles with minors)
Massachusetts: H1909 (vehicles with minors)
Mississippi: HB252 (vehicles with minors)—Died in Committee
New Hampshire: HB230 (vehicles with minors)—Majority Committee Reported Inexpedient to Legislate; Special Order to 3/14 Without Objection
New Jersey: A3962 (vehicles with minors); S3182 (vehicles with minors)
New York: A03962 (vehicles with minors); S02657 (vehicles with minors)
Pennsylvania: HB217 (vehicles with minors); SB288 (vehicles with minors)
Texas: HB900 (vehicles with minors)
Virginia: HB1744 (vehicles with minors))—Left in Courts of Justice Committee; HB2019 (vehicles with minors))—Left in Courts of Justice Committee
West Virginia: HB2077 (vehicles with minors); SB81 (vehicles with minors); SB348 (vehicles with minors, T21)—Amended and Passed Senate 20-14 on 2/27

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

California: SB8 (state beaches and parks)—Hearing scheduled in Natural Resources and Water for 3/12; AB1718 (state beaches and parks)
Connecticut: SB752 (state beaches)—Referred to Office of Legislative Research
Florida: SB218 (beaches); HB237 (beaches); SB516 (state parks)
Massachusetts: H1929 (outdoor venues); H3475 (outdoor monuments)
New Hampshire: HB139 (state parks)—Executive Session scheduled for 3/13
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); S2908 (outdoor public places); A5028 (airports); S3523 (airports)
New York: A00076 (reasonable distance); A02299 (parks); S02138 (parks); S02655 (parks)
Oregon: HB3341 (reasonable distance)

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

Connecticut: HB6512 (marijuana and housing)
Florida: HB389 (housing disclosure); SB1332 (housing disclosure)
Hawaii: HB810 (condominiums); HB1257 (condominiums)—Hearing scheduled in Committee on Consumer Protection and Commerce for 2/5; SB269 (condominiums)—Passed House and sent to Senate on 3/5
Massachusetts: SD262 (public housing); H1310 (public housing); H1960 (multi-unit housing)
New Jersey: S2217 (housing)
New York: A00353 (housing); S04199 (housing)

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

Alabama: HB41 (broad e-cigarette bill)
Florida: SPB7012 (e-cigarette use)—Passed Rules Committee on 3/6; SB7012 (vaping)—Substituted and Passed Health Quality Committee on 3/7; HB7027 (vaping)—Passed Government Operations and Technology Appropriations Subcommittee on 3/7
Illinois: SB1864 (e-cigarette use)—Passed Public Health Committee on 3/5
Maryland: HB27 (e-cigarette use)—Unfavorable Report by Economic Matters and withdrawn
Minnesota: HF349 (e-cigarette use)—Committee report adopted and re-referred to Commerce Committee; HF0349 (e-cigarette use); SF462 (e-cigarette use)
Nebraska: LB149 (e-cigarette use)
New Jersey: S992 (tobacco free pharmacies); S2640 (e-cigarette retailer exemption)
New Mexico: SB338 (e-cigarette use)—Passed Senate Public Affairs Committee
Oklahoma: SB290 (e-cigarette use)
South Dakota: HB1209 (e-cigarette use)—Passed Senate 21-13 on 3/7
Tennessee: HB0097 (e-cigarette use); SB0026 (e-cigarette use)—Passed Senate 30-0 on 3/4

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

Florida: SB372 (indoor marijuana smoking); SB182 (indoor marijuana smoking)—Passed Health Policy Committee and Innovation, Industry, and Technology Committee; HB7015 (indoor marijuana smoking)—Placed on Special Order Calendar for 3/13
Maine: LD1081—(marijuana smoking)
Minnesota: HF420 (marijuana); SF619 (marijuana)
Oregon: HB2233 (marijuana lounges and special events)—Public Hearing scheduled in Economic Development Committee for 3/13; SB639 (marijuana lounges and events)—Public hearing held in Business and General Government Committee on 2/28
Rhode Island: HB5301 (marijuana smoke)

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

Connecticut: SB627 (behavioral health facilities)
Florida: SB150 (schools)
Illinois: HB609 (technical change); HB1836 (technical change); HB1839 (technical change)
Indiana: HB1551 (technical change)
Kentucky: BR312 (schools); BR234 (schools)
Maine: LD152 (schools)
Minnesota: HF331 (schools, T21)—Committee report adopted and re-referred to Judiciary Finance and Civil Law Division; SF463 (schools, T21)—Passed Health and Human Services Finance and Policy Committee on 2/28
New Jersey: A843 (college residences); A1723 (tobacco free pharmacies); A4764 (casino workers); S3230 (casino workers)
South Carolina: H3422 (schools); S0396 (schools)—Referred to subcommittee
New York: A03069 (adult care facilities); S02873 (adult care facilities)

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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)

Arkansas

HB1565—(tobacco product preemption)—An Act To Provide Funding For a National Cancer Institute—Passed House
http://www.arkleg.state.ar.us/assembly/2019/2019R/Bills/HB1565.pdf
http://www.arkleg.state.ar.us/assembly/2019/2019R/Pages/BillInformation.aspx?measureno=HB1565
This bill about NCI funding preempts the enactment and enforcement of any county, municipal, or other local regulation of the manufacture, sale, storage, or distribution of tobacco products.
Preemptive: Yes
Anti-Preemption Clause: No

Alabama

HB24—(vehicles with minors)—An Act to prohibit the smoking of tobacco products in motor vehicles
http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/HB25-int.pdf
http://alisondb.legislature.state.al.us/Alison/SESSBillStatus.aspx
This bill prohibits smoking in a vehicle when a person under age 14 is present.
Preemptive: No
Anti-Preemption Clause: No

HB41—(broad e-cigarette bill)—An Act relating to alternative nicotine products
http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/HB41-int.pdf
http://alisondb.legislature.state.al.us/Alison/SESSBillStatusResult.aspx?BILL=HB41&WIN_TYPE=BillResult
This bill broadly addresses e-cigarette retailer regulations, packaging, advertising, and use, including prohibiting their use in indoor public places and places of employment except where smoking is still allowed, as well as and on the grounds of K-12 schools and public higher education institutions, child care facilities, health care facilities, and in vehicles with minors.
Preemptive: No
Anti-Preemption Clause: No

California

AB1718—(state beaches and parks)—An Act relating to parks
http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1718
http://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=201920200AB1718
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 and for religious ceremonies, and the director may designate areas that are exempt from the smokefree requirements.
Preemptive: No
Anti-Preemption Clause: No

Florida

SB150—(schools)—A bill relating to tobacco-free schools
http://www.flsenate.gov/Session/Bill/2019/150/BillText/Filed/PDF
http://www.flsenate.gov/Session/Bill/2019/00150
This bill prohibits the use and distribution of tobacco products in school facilities, on school grounds, in school vehicles, and at school functions.
Preemptive: No
Anti-Preemption Clause: No

SB182—(indoor marijuana smoking)—A bill relating to the safe medical use of marijuana—Passed Health Policy Committee and Innovation, Industry, and Technology Committee
http://www.flsenate.gov/Session/Bill/2019/182/BillText/c2/HTML
http://www.flsenate.gov/Session/Bill/2019/00182
This bill amends the state's medical marijuana law to allow for the smoking of medical marijuana, and to prohibit smoking it in enclosed workplaces. The bill also clarifies that the law permitting the use of low-THC marijuana on public transportation, in public places, and in other stated venues does not include the smoking of low-THC cannabis.
Preemptive: No
Anti-Preemption Clause: No

SB1332—(housing disclosure)—An Act relating to a notice of tobacco smoking policy on rental premises
http://www.flsenate.gov/Session/Bill/2019/1332/BillText/Filed/PDF
http://www.flsenate.gov/Session/Bill/2019/01332
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

SB7012—(vaping)—An Act relating to vaping—Substituted and Passed Health Quality Committee on 3/7
http://www.flsenate.gov/Session/Bill/2019/7012/BillText/c1/HTML
http://www.flsenate.gov/Session/Bill/2019/07012
This bill implements 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: No

HB7027—(vaping)—An Act relating to vaping—Passed Government Operations and Technology Appropriations Subcommittee on 3/7
http://www.flsenate.gov/Session/Bill/2019/7027/BillText/Filed/PDF
http://www.flsenate.gov/Session/Bill/2019/07027
This bill implements 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: No

HB7015—(indoor marijuana smoking)—An act relating to smoking marijuana for medical use—Placed on Special Order Calendar for 3/13
http://www.flsenate.gov/Session/Bill/2019/7015/BillText/c1/PDF
http://www.flsenate.gov/Session/Bill/2019/07015
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

Illinois

HB609—(technical change)—An Act concerning health
http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=108&GA=101&DocTypeId=HB&DocNum=609&GAID=15&LegID=114837&SpecSess=0&Session=0 http://www.ilga.gov/legislation/BillStatus.asp?DocNum=609&GAID=15&DocTypeID=HB&LegID=114837&SessionID=108&GA=101&SpecSess=0
This bill amends the Smoke Free Illinois Act by making a technical change.
Preemptive: No
Anti-Preemption Clause: No

HB1836—(technical change)—An Act concerning health
http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=108&GA=101&DocTypeId=HB&DocNum=1836&GAID=15&LegID=117280&SpecSess=0&Session=0 http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1836&GAID=15&DocTypeID=HB&LegID=117280&SessionID=108&GA=101&SpecSess=0
This bill amends the Smoke Free Illinois Act by making a technical change.
Preemptive: No
Anti-Preemption Clause: No

HB1839—(technical change)—An Act concerning health
http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=108&GA=101&DocTypeId=HB&DocNum=1839&GAID=15&LegID=117283&SpecSess=0&Session=0 http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1839&GAID=15&DocTypeID=HB&LegID=117283&SessionID=108&GA=101&SpecSess=0
This bill amends the Smoke Free Illinois Act by making a technical change.
Preemptive: No
Anti-Preemption Clause: No

HB2276—(vehicles with minors)—An Act concerning transportation
http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=108&GA=101&DocTypeId=HB&DocNum=2276&GAID=15&LegID=118115&SpecSess=0&Session=0 http://www.ilga.gov/legislation/BillStatus.asp?DocNum=2276&GAID=15&DocTypeID=HB&LegID=118115&SessionID=108&GA=101&SpecSess=0
This bill prohibits smoking in a vehicle while a minor under age 18 is present.
Preemptive: No
Anti-Preemption Clause: No

HB2724—(vehicles with minors)—An Act concerning transportation
http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=108&GA=101&DocTypeId=HB&DocNum=2724&GAID=15&LegID=118958&SpecSess=0&Session=0 http://www.ilga.gov/ResultsBillStatus.asp?DocNum=2724&GAID=15&DocTypeID=HB&SessionID=108&GA=101
This bill prohibits a person from operating a motor vehicle while a person is smoking if a person under 18 years of age is present.
Preemptive: No
Anti-Preemption Clause: No

SB1864—(e-cigarette use)—An Act concerning health—Passed Public Health Committee on 3/5
http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=108&GA=101&DocTypeId=SB&DocNum=1864&GAID=15&LegID=119534&SpecSess=0&Session=0 http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1864&GAID=15&DocTypeID=SB&LegID=119534&SessionID=108&GA=101&SpecSess=0
This bill amends the Smoke Free Illinois Act by defining smoking to include the use of an electronic cigarette and prohibits their use wherever smoking is prohibited by this law.
Preemptive: No
Anti-Preemption Clause: No

Iowa

HF379—(gaming)—An Act relating to the elimination of the exemption of gaming floors
https://www.legis.iowa.gov/docs/publications/LGI/88/HF379.pdf
https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=HF379
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

Maine

LD416—(outdoor dining area exemption)—An Act To Allow Eating Establishments To Permit Smoking Tobacco in Designated Outdoor Eating Areas
http://legislature.maine.gov/bills/getPDF.asp?paper=HP0325&item=1&snum=129
http://legislature.maine.gov/LawMakerWeb/summary.asp?ID=280071234
This bill weakens the current law prohibiting smoking in outdoor eating establishments by allowing smoking in a designated area if no one under age 21 is allowed in the designated outdoor eating area.
Preemptive: No
Anti-Preemption Clause: No

LD152—(schools)—An Act To Prohibit the Possession and Use of Electronic Smoking Devices on School Grounds
http://legislature.maine.gov/bills/getPDF.asp?paper=SP0039&item=1&snum=129  
http://legislature.maine.gov/LawMakerWeb/summary.asp?ID=280070859
This bill amends the current law prohibiting tobacco use in elementary or secondary schools to also include the use of electronic smoking devices and smokeless tobacco.
Preemptive: No
Anti-Preemption Clause: No

LD1081—(marijuana smoking)—An Act To Impose Further Restrictions on where Marijuana May Be Smoked
http://legislature.maine.gov/bills/getPDF.asp?paper=SP0313&item=1&snum=129
http://legislature.maine.gov/LawMakerWeb/summary.asp?ID=280072180
This bill amends the law regulating smoking in public places to define smoking to include marijuana. Smoking marijuana is also not permitted in a private residence, on private property, or in a vehicle when a person under age 18 is present.
Preemptive: No
Anti-Preemption Clause: No

Massachusetts

H1909—(vehicles with minors)—An Act to protect little lungs
https://malegislature.gov/Bills/191/H1909.pdf
https://malegislature.gov/Bills/191/H1909
This bill prohibits smoking in a motor vehicle in which a child is required to be secured by a child passenger restraint.
Preemptive: No
Anti-Preemption Clause: No

H1929—(outdoor venues)—An Act to ban smoking in certain public places
https://malegislature.gov/Bills/191/H1929.pdf
https://malegislature.gov/Bills/191/H1929
This bill prohibits smoking in outdoor pedestrian-only public gathering venues.
Preemptive: No
Anti-Preemption Clause: No

H3475—(outdoor monuments)—An Act for legislation to prohibit smoking within 100 feet of a public monument or memorial
https://malegislature.gov/Bills/191/H3475.pdf
https://malegislature.gov/Bills/191/H3475
This bill prohibits smoking within 100 feet of a public monument or memorial.
Preemptive: No
Anti-Preemption Clause: No

H1310—(public housing)—An Act preventing a public housing tenant from using the premises for smoking
https://malegislature.gov/Bills/191/H1310.pdf
https://malegislature.gov/Bills/191/H1310
This bill prohibits smoking on the premises of a public housing property.
Preemptive: No
Anti-Preemption Clause: No

H1960—(multi-unit housing)—An Act protecting youth from second hand smoke
https://malegislature.gov/Bills/191/H1960.pdf
https://malegislature.gov/Bills/191/H1960
This bill prohibits smoking in all multi-unit housing that is authorized for occupancy on or after January 1, 2020.
Preemptive: No
Anti-Preemption Clause: No

Minnesota

HF349—(e-cigarette use)—A bill relating to health—Committee report adopted and re-referred to Commerce Committee
https://www.revisor.mn.gov/bills/text.php?number=HF0349&version=latest&session=90&session_number=0&session_year=2019
https://www.revisor.mn.gov/bills/bill.php?b=house&f=HF0349&ssn=0&y=2019
This bill amends the Clean Indoor Air Act to define smoking to include the use of e-cigarettes and prohibits the use of these products wherever smoking is prohibited.
Preemptive: No
Anti-Preemption Clause: No

HF331—(schools, T21)—A bill relating to health—Committee report adopted and re-referred to Judiciary Finance and Civil Law Division
https://www.revisor.mn.gov/bills/text.php?number=HF0331&session=ls91&version=latest&session_number=0&session_year=2019
https://www.revisor.mn.gov/bills/bill.php?b=house&f=HF0331&ssn=0&y=2019
This Tobacco 21 bill also extends the prohibition of tobacco use at schools to charter schools and amends the exemption allowing smoking in retail tobacco stores to state that the stores are not open to people under age 21 and that the definition includes e-cigarettes.
Preemptive: No
Anti-Preemption Clause: No

SF463—(schools, T21)—A bill relating to health—Passed Health and Human Services Finance and Policy Committee on 2/28
https://www.revisor.mn.gov/bills/text.php?number=SF0463&session=ls91&version=latest&session_number=0&session_year=2019
https://www.revisor.mn.gov/bills/bill.php?f=SF463&y=2019&ssn=0&b=senate
This Tobacco 21 bill also extends the prohibition of tobacco use at schools to charter schools and amends the exemption allowing smoking in retail tobacco stores to state that the stores are not open to people under age 21 and that the definition includes e-cigarettes.
Preemptive: No
Anti-Preemption Clause: No

HF0349—(e-cigarette use)—A bill relating to health
https://www.revisor.mn.gov/bills/text.php?number=HF0349&session=ls91&version=latest&session_number=0&session_year=2019
https://www.revisor.mn.gov/bills/bill.php?f=HF349&y=2019&ssn=0&b=house
This bill amends the Minnesota Clean Indoor Air Act to include electronic cigarettes in the definition of smoking, and prohibits the use of these products in places where smoking is prohibited.
Preemptive: No
Anti-Preemption Clause: Yes

SF462—(e-cigarette use)—A bill relating to health
https://www.revisor.mn.gov/bills/text.php?number=SF0462&session=ls91&version=latest&session_number=0&session_year=2019
https://www.revisor.mn.gov/bills/bill.php?f=SF462&y=2019&ssn=0&b=senate
This bill amends the Minnesota Clean Indoor Air Act to include electronic cigarettes in the definition of smoking, and prohibits the use of these products in places where smoking is prohibited.
Preemptive: No
Anti-Preemption Clause: Yes

HF420—(marijuana)—A bill relating to cannabis
https://www.revisor.mn.gov/bills/text.php?number=HF420&version=0&session=ls91&session_year=2019&session_number=0
https://www.revisor.mn.gov/bills/bill.php?f=HF420&y=2019&ssn=0&b=house
This bill legalizing cannabis use includes a provision amending the Minnesota Clean Indoor Air Act to include the smoking and vaping of cannabis in the definition of smoking, which means it is prohibited in all places where smoking is prohibited.
Preemptive: No
Anti-Preemption Clause: Yes

SF619—(marijuana)—A bill relating to cannabis
https://www.revisor.mn.gov/bills/text.php?number=SF619&version=0&session=ls91&session_year=2019&session_number=0
https://www.revisor.mn.gov/bills/bill.php?f=SF619&y=2019&ssn=0&b=senate
This bill legalizing cannabis use includes a provision amending the Minnesota Clean Indoor Air Act to include the smoking and vaping of cannabis in the definition of smoking, which means it is prohibited in all places where smoking is prohibited.
Preemptive: No
Anti-Preemption Clause: Yes

Montana

SB179—(smokefree preemption)—An Act Prohibiting the Expansion of Prohibitions under the Montana Clean Indoor Air Act—Passed Senate, Hearing in House Local Govt Committee on 3/12
https://leg.mt.gov/bills/2019/billpdf/SB0179.pdf
http://laws.leg.mt.gov/legprd/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=179&P_BLTP_BILL_TYP_CD=SB&Z_ACTION=Find&P_SESS=20191
This bill is preemptive and prohibits local public health boards from regulating smoking in places other than in an enclosed public place.
Preemptive: YES
Anti-Preemption Clause: No

HB644—(cigar bar exemption)—An Act Creating Cigar Bar Endorsement for Certain Liquor Licensees
http://leg.mt.gov/bills/2019/billpdf/HB0644.pdf
http://laws.leg.mt.gov/legprd/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=644&P_BLTP_BILL_TYP_CD=HB&Z_ACTION=Find&P_SESS=20191
This bill amends the Montana Clean Indoor Air Act to create an exemption to allow smoking in licensed cigar bar.
Preemptive: No
Anti-Preemption Clause: No

HB481—(private club exemption)—An Act Revising the Montana Clean Indoor Air Act—Hearing Scheduled in Business, Labor, and Economic Affairs on 3/14
http://leg.mt.gov/bills/2019/billpdf/HB0481.pdf
http://laws.leg.mt.gov/legprd/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=481&P_BLTP_BILL_TYP_CD=HB&Z_ACTION=Find&P_SESS=20191
This bill amends the Montana Clean Indoor Air Act to create an exemption to allow smoking in a private social club if it not a place of work.
Preemptive: No
Anti-Preemption Clause: No

New Jersey

A5028—(airports)—An Act concerning smoking at airports
https://www.njleg.state.nj.us/2018/Bills/A9999/5028_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A5028    
This bill prohibits smoking within the outdoor passenger pick-up and drop-off area of an airport that is not owned or operated by a federal or military authority.
Preemptive: No
Anti-Preemption Clause: No

S3523—(airports)—An Act concerning smoking at airports
https://www.njleg.state.nj.us/2018/Bills/S3500/3523_I1.PDF
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S3523
This bill prohibits smoking within the outdoor passenger pick-up and drop-off area of an airport that is not owned or operated by a federal or military authority.
Preemptive: No
Anti-Preemption Clause: No

New York

A00076—(reasonable distance)—An Act to amend the public health law https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A00076&term=2019&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A00076&term=2019&Actions=Y
This bill prohibits smoking within fifty feet of all entrances to state office buildings and restricts smoking outside buildings with indoor smoking restrictions
Preemptive: No
Anti-Preemption Clause: No

A00353—(housing)—An Act to amend the public health law
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A00353&term=2019&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A00353&term=2019&Actions=Y
This bill requires owners of multiple dwelling properties to develop, implement and distribute smoking policies.
Preemptive: No
Anti-Preemption Clause: No

A02299—(parks)—An Act to amend the public health law
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A02299&term=2019&Summary=Y&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A02299&term=2019&Actions=Y
This bill relates to prohibiting smoking in public parks and pedestrian plazas.
Preemptive: No
Anti-Preemption Clause: No

A02988—(hotels)—An Act to amend the public health law
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A02988&term=2019&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A02988&term=2019&Actions=Y
This bill prohibits smoking in hotel and motel rooms.
Preemptive: No
Anti-Preemption Clause: No

A03069—(adult care facilities)—An Act to amend the public health law
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A03069&term=2019&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A03069&term=2019&Actions=Y
This bill prohibits smoking in adult care facilities.
Preemptive: No
Anti-Preemption Clause: No

A03764—(preemptive gaming patio exemption)—An Act to amend the public health law
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A03764&term=2019&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A03764&term=2019&Actions=Y
This preemptive allows smoking on patios and other outdoor areas of video lottery gaming facilities and preempts local laws from requiring these spaces to be smokefree.
Preemptive: YES
Anti-Preemption Clause: No

A03962—(vehicles with minors)—An Act to amend the public health law
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A03962&term=2019&Summary=Y&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A03962&term=2019&Actions=Y
This bill prohibits smoking in private passenger cars, vans or trucks where minors less than 14 years of age are passengers.
Preemptive: No
Anti-Preemption Clause: No

S02138—(parks)—An Act for the Smoke Free Parks Act of 2019
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02138&term=2019&Summary=Y&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02138&term=2019&Actions=Y
This bill enacts the Smoke Free Parks Act of 2019
Preemptive: No
Anti-Preemption Clause: No

S02655—(parks)—An Act to amend the public health law
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02655&term=2019&Summary=Y&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02655&term=2019&Actions=Y
This bill prohibits smoking in public parks and pedestrian plazas.
Preemptive: No
Anti-Preemption Clause: No

S02657—(vehicles with minors)—An Act to amend the public health law
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02657&term=2019&Summary=Y&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02657&term=2019&Actions=Y
This bill prohibits smoking in private passenger cars, vans or trucks where minors less than 14 years of age are passengers.
Preemptive: No
Anti-Preemption Clause: No

S02873—(adult care facilities)—An Act to amend the public health law
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02873&term=2019&Summary=Y&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02873&term=2019&Actions=Y
This bill prohibits smoking in adult care facilities.
Preemptive: No
Anti-Preemption Clause: No

S04199—(housing)—An Act to amend the public health law
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S04199&term=2019&Summary=Y&Text=Y
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S04199&term=2019&Actions=Y
This bill requires owners of multiple dwelling properties to develop, implement and distribute smoking policies.
Preemptive: No
Anti-Preemption Clause: No

Oklahoma

HB2288—(smoking rooms)—An Act creating the Oklahoma Workplace Clean Air Act—Amended and Passed Public Health Committee
http://webserver1.lsb.state.ok.us/cf_pdf/2019-20%20FLR/HFLR/HB2288%20HFLR.PDF
http://www.oklegislature.gov/BillInfo.aspx?Bill=hb2288&Session=1900
This bill prohibits smoking and vaping in all enclosed public places and places of employment, including restaurants, bars, private clubs, hotels/motels, many outdoor public places, outdoor property adjacent to state buildings, and within 25 feet of places where smoking is prohibited. This bill also repeals preemption. Unfortunately, the bill allows an employer to provide smoking rooms where no work is performed, and it exempts enclosed smoking areas at gaming facilities.
Preemptive: No
Anti-Preemption Clause: Yes
Exemptions: Smoking is allowed in medical research or treatment centers; private residences unless used as a child care, adult day care or health care facility; in smoking rooms where no work is performed; and enclosed smoking areas at gaming facilities.

Oregon

HB3341—(reasonable distance)—An Act relating to distance from certain places in which person may not use inhalant
https://olis.leg.state.or.us/liz/2019R1/Downloads/MeasureDocument/HB3341/Introduced
https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/HB3341
This bill increases the distance from buildings where smoking and vaping is not allowed from 10 feet to 25 feet.
Preemptive: No
Anti-Preemption Clause: No

SB639—(marijuana lounges and events)—An Act relating to marijuana—Public hearing held in Business and General Government Committee on 2/28
https://olis.leg.state.or.us/liz/2019R1/Downloads/MeasureDocument/SB639/Introduced
https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/SB639
This bill allows for smoking and vaping marijuana in marijuana lounges and at temporary events in designated areas that have a separate ventilation system.
Preemptive: No
Anti-Preemption Clause: No

Pennsylvania

SB288—(vehicles with minors)—An act relating to operation of vehicles
https://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2019&sessInd=0&billBody=S&billTyp=B&billNbr=0288&pn=0250 https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2019&sind=0&body=S&type=B&bn=0288
This bill prohibits smoking in a motor vehicle transporting a person under age 12.
Preemptive: No
Anti-Preemption Clause: No

Rhode Island

HB5301—(marijuana smoke)—An relating to health and safety
http://webserver.rilin.state.ri.us/BillText/BillText19/HouseText19/H5301.pdf
http://status.rilin.state.ri.us/
This bill says that any laws or regulations which protect a person from exposure to secondhand smoke would include secondhand marijuana smoke.
Preemptive: No
Anti-Preemption Clause: No

South Carolina

H3274—(tobacco products preemption)—A Bill to Provide That Political Subdivisions May Not Enact Laws, Pertaining To Ingredients, Flavors, Or Licensing—Passed House, sent to Senate
https://www.scstatehouse.gov/sess123_2019-2020/bills/3274.htm
https://www.scstatehouse.gov/sess123_2019-2020/bills/3274.htm
This bill is preemptive. Local governments may not enact any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic cigarettes, tobacco products, or alternative nicotine products.
Preemptive: YES
Anti-Preemption Clause: No

S492—(tobacco products preemption)—A bill relating to the Clean Indoor Air Act
https://www.scstatehouse.gov/sess123_2019-2020/bills/492.htm
https://www.scstatehouse.gov/sess123_2019-2020/bills/492.htm
This bill is preemptive. Local governments may not enact any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic cigarettes, tobacco products, or alternative nicotine products.
Preemptive: YES
Anti-Preemption Clause: No

South Dakota

HB1209—(e-cigarette use)—An Act to revise certain provisions regarding vapor products—Passed Senate 21-13 on 3/7
http://sdlegislture.gov/Legislative_Session/Bills/Bill.aspx?Fi le=HB1209H.htm&Session=2019&Version=House&Bill=1209
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=1209&Session=2019
This bill amends the definition of smoking and tobacco product to include electronic smoking devices and prohibits their use wherever smoking is prohibited.
Preemptive: No
Anti-Preemption Clause: No

Tennessee

HB1335—(partial preemption repeal)—An Act relative to local regulation of products containing nicotine
http://www.capitol.tn.gov/Bills/111/Bill/HB1335.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB1335&GA=111
This bill partially restores local control to permit local authorities to regulate the use of tobacco products in public places, places of employment, and parks. However, local authorities cannot prohibit smoking in places exempt from the Tennessee Non-Smoker Protection Act, including age-restricted venues, hotel/motel rooms, tobacco businesses, non-enclosed areas of public places, nursing homes, businesses with three or fewer employees, and private clubs.
Preemptive: No
Anti-Preemption Clause: No

SB0932—(partial preemption repeal)—An Act relative to local regulation of products containing nicotine—Passed and Re-referred to Senate Commerce & Labor Committee
http://www.capitol.tn.gov/Bills/111/Bill/SB0932.pdf
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB0932&GA=111
This bill partially restores local control to permit local authorities to regulate the use of tobacco products in public places, places of employment, and parks. However, local authorities cannot prohibit smoking in places exempt from the Tennessee Non-Smoker Protection Act, including age-restricted venues, hotel/motel rooms, tobacco businesses, non-enclosed areas of public places, nursing homes, businesses with three or fewer employees, and private clubs.
Preemptive: No
Anti-Preemption Clause: No

West Virginia

SB348—(vehicles with minors, T21)—A bill relating to tobacco—Amended and Passed Senate 20-14 on 2/27
http://www.wvlegislature.gov/bill_status/bills_text.cfm?billdoc=SB348%20SUB2%20ENG.htm&yr=2019&sesstype=RS&i=348
http://www.wvlegislature.gov/bill_status/Bills_history.cfm?input=348&year=2019&sessiontype=RS&btype=bill
This bill prohibits smoking in a vehicle when a child under age 17 is present, as well as increasing the age of sale for tobacco products from 18 to 21 except for active military personnel. Prior versions of this bill would have preempted local boards of health from requiring veterans' organizations to be smokefree, and would have preempted local laws regarding the sale or marketing of tobacco products or tobacco-related products.
Preemptive: No
Anti-Preemption Clause: No