Smoking Preemption Information
This is an initiative by the Smoke free Oklahoma Coalition to have the state legislature pass legislation that would remove laws that prevent cities from passing ordinances about tobacco use on the local level. The proposed change in current law would allow local communities to enact rules on tobacco. Currently, cities cannot pass an ordinance more stringent that state law. For example, some communities want to pass “no tobacco” ordinances for their ball fields and parks, but it’s not enforceable due to the state preemption. Many cities have passed ordinances anyway.
Sample Resolution on Restoring Local Rights proposed for cities and towns to pass in support of the removal of the preemption
Attorney General Weighs In on Smoking in Public Parks
Last week, the Attorney General issued an opinion holding that municipal ordinances prohibiting smoking in public parks conflicts with the Smoking in Public Places and Indoor Workplaces Act at 63 O.S. Sections 1-1521 through 1-1527. Therefore, municipal ordinances are superseded by the state law. This applies to statutory as well as charter municipalities. Click here to view A.G. Opinion 2013-2. Key provisions are:
- The Act at Section 1-1523 regulates both enclosed indoor areas as well as prohibiting smoking in specifically identified public outdoor facilities and areas.
- Section 1-1523 does not prohibit smoking in all outdoor areas and does not prohibit smoking in public parks.
- The Act at Section 1-1527 states the Legislature intends to preempt any other regulation to control smoking.
- The Legislature intends to standardize laws that governmental subdivision may adopt to control smoking.
- Municipalities may only adopt provisions which are the same as provided in this act and enforcement provisions shall not be more stringent than state law.
News on Preemption
OML Supports Restoring Local Rights to Cities on Tobacco Related Laws
The Oklahoma Municipal League Board of Directors once again voted to support restoring “local rights” to local communities on tobacco-related laws. OML joins the American Cancer Society, American Lung Society, Department of Health and many others in the Smokefree Coalition in efforts to return the rights of governing tobacco-related laws to municipalities. Click here to read more.
Municipalities Ask Legislature to Restore Local Rights on Tobacco Prevention
The Oklahoma Municipal League (OML) today called upon the State Legislature to restore the rights of Oklahoma communities to adopt effective tobacco prevention measures.