HB 880 — An Act amending the act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor Air Act, further providing for title of act, for definitions, for prohibition, for signage, for enforcement, for preemption of local ordinances and for repeal; and making editorial changes.

PRIOR PRINTER'S NO.

1193 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

8802375 2025THE INTRODUCEDGENERAL BYASSEMBLY FRANKEL,OF HILL-EVANS,PENNSYLVANIA FREEMAN,HOUSE VENKAT,BILL HOWARD,Session WAXMAN,of MAYES,No. MADDEN, GIRAL, SAPPEY, BOROWSKI, SANCHEZ, D.

WILLIAMS,880 KHAN, STEELE, BELLMON, DOUGHERTY, DONAHUE, KRAJEWSKI AND GREEN, APRIL 1, 2025 REFERREDINTRODUCED TOBY COMMITTEEFRANKEL, ONHILL-EVANS, HEALTH,FREEMAN, APRILVENKAT, 1,HOWARD, 2025D. AN ACT Amending the act of June 13, 2008 (P.L.182, No.27), entitled "An act regulating smoking in this Commonwealth;

imposingWILLIAMS, powersKHAN, andSTEELE, dutiesBELLMON, onDOUGHERTY, theDONAHUE,, DepartmentKRAJEWSKI, ofGREEN, HealthSMITH-WADE-EL, andDALEY, localBRIGGS boardsAND ofSCOTT, makingAPRIL a1, related2025 repeal,"AS furtherREPORTED providingFROM forCOMMITTEE titleON ofHEALTH, act,HOUSE forOF definitions,REPRESENTATIVES, forAS prohibition,AMENDED, forSEPTEMBER signage,30, for2025 enforcement,AN forACT preemptionAmending the act of localJune ordinances13, and2008 for(P.L.182, repeal;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," further providing for title of act, enforcement, for preemption of local ordinances and for repeal;

(ii) has total annual sales of food sold for on- premises consumption of less than or equal to 20% of the 20250HB0880PN2375 - 2 - combined gross sales of the establishment;

and 20250HB0880PN1193 - 2 - (iii) does not permit individuals under 18 years of age.

"Gaming floor." Any portion of a licensed facility where 20250HB0880PN2375 - 3 - slot machines have been installed for use or play as approved by 20250HB0880PN1193 - 3 - the Pennsylvania Gaming Control Board.

The term does not include an area adjacent to the gaming floor, including any hallway, reception area, retail space, bar, nightclub, restaurant, hotel, entertainment venue or office space.space.] <-- "Licensed facility." As defined in 4 Pa.C.S.

"Licensed facility." As defined in 4 Pa.C.S.

"Night["Night club." A public hall or hall for which admission is <-- generally charged and which is primarily or predominantly devoted to dancing or to shows or cabarets as opposed to a facility that is primarily a bar, tavern or dining facility.] "Patio." An outdoor deck or similar outdoor service area enclosed on no more than two sides which is part of an establishment that serves food or drinks.

20250HB0880PN2375 - 4 - (3) A volunteer fire company.

20250HB0880PN1193 - 4 - (4) A volunteer rescue company.] "Public["Public meeting." A meeting open to the public.

The term <-- includes a meeting under 65 Pa.C.S.

7 (relating to open meetings).meetings).] <-- "Public place." An [enclosed] area which serves as a workplace, commercial establishment, transit vehicle, BUS <-- SHELTER or an area where the public is invited or permitted.

"Public place." An [enclosed] area which serves as a workplace, commercial establishment, transit vehicle or an area where the public is invited or permitted.

["Smoking." The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.] "Smoking." Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or any other lighted or heated tobacco or plant product intended for inhalation, 20250HB0880PN2375 - 5 - including marijuana, whether natural or synthetic, in any manner or form.

The term includes the use of an electronic smoking 20250HB0880PN1193 - 5 - device which creates an aerosol or vapor, in any manner or form.

(1) A private home, private residence or private vehicle unless the private home, private residence or private vehicle 20250HB0880PN2375 - 6 - is [being used at the] used at the time for the provision of <-- [child-care services, adult day-care services or services 20250HB0880PN1193<-- - 6 - related to the care of children and youth in State or county custody.

or (ii) within a full-service truck stop.] CURRENTLY <-- PROVIDING any of the following:

20250HB0880PN2375 - 7 - (ii) A separate enclosed room or designated smoking room in a residential adult care facility, community 20250HB0880PN1193 - 7 - mental health care facility, drug and alcohol facility or other residential health care facility not covered under subparagraph (i).

(B) The sponsor or organizer gives notice in all 20250HB0880PN2375 - 8 - advertisements and other promotional materials that smoking will not be restricted.

20250HB0880PN1193 - 8 - (C) At least 75% of all products displayed or distributed at the event are tobacco or tobacco- related products.

A licensed facility may request this report from the Department of Revenue on a 20250HB0880PN2375 - 9 - quarterly basis and may increase the designated smoking area of the gaming floor accordingly.

At no time may the 20250HB0880PN1193 - 9 - designated smoking area exceed 50% of the gaming floor.

(2) [In order to qualify for the exception under subsection (b)(6), a private club must take and record a vote of its officers under the bylaws to address smoking in the private club's facilities.] In order to qualify for the exception under subsection (b)(6), beginning January 1, 2026, and each odd-numbered year thereafter, a private club must 20250HB0880PN2375 - 10 - take and record a vote of the private club's members in good standing in accordance with the private club's bylaws to 20250HB0880PN1193 - 10 - address smoking in the private club's facilities.

(ii) If a private club fails to take and record a vote or submit the results of the vote to the department under this paragraph, smoking shall be prohibited in the 20250HB0880PN2375 - 11 - private club's facilities for the two-year period from January 1 of the even-numbered year following when the 20250HB0880PN1193 - 11 - vote was to take place to December 31 of the next odd- numbered year.

Signage requirements shall not apply to parties exempt SERVICES under <-- section 3(b)(1).

All information submitted to the Department of Health, a county board or other Commonwealth agency with enforcement duties under 20250HB0880PN2375 - 12 - this act[, including information to verify the on-site food consumption of a drinking establishment,] shall be confidential 20250HB0880PN1193 - 12 - and shall not be subject to the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.

(2) No political subdivision shall have the authority to adopt or enforce any ordinance, regulation or resolution 20250HB0880PN2375 - 13 - which is in conflict with this act.

(b) Exception.--Subsection (a) shall not apply to a city of 20250HB0880PN1193 - 13 - the first class.

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