THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FRANKEL, CARROLL, DeLUCA, GIBBONS, GROVE, JOSEPHS, McILVAINE SMITH, MELIO, MUNDY, MUSTIO, ROEBUCK, SWANGER, WALKO AND GEIST, JANUARY 26, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JANUARY 26, 2009  

AN ACT

Amending the act of June 13, 2008 (P.L.182, No.27), entitled "An

act regulating smoking in this Commonwealth; imposing powers

and duties on the Department of Health and local boards of

health; providing penalties; preempting local action; and

making a related repeal," repealing provisions relating to

preemption of local ordinances.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 11 of the act of June 13, 2008 (P.L.182,

No.27), known as the Clean Indoor Air Act, is repealed:

[Section 11.  Preemption of local ordinances.

(a)  General rule.--Except as set forth in subsection (b),

the following apply:

(1)  This act shall supersede any ordinance, resolution

or regulation adopted by a political subdivision concerning

smoking in a public place.

(2)  No political subdivision shall have the authority to

adopt or enforce any ordinance, regulation or resolution

which is in conflict with this act.

(b)  Exception.--Subsection (a) shall not apply to a city of

the first class. A city of the first class may not change or

amend its ordinance to conflict with any provision of this act.]

Section 2.  This act shall take effect in 60 days.