Bill Description: House Bill 363 would prohibit certain local regulations and taxes relating to tobacco products and vaping devices.

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Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

House Bill 363 amends section 39-5713, Idaho Code, to preempt most local regulations on tobacco sales. This new language would also prevent local governments from imposing taxes and fees on tobacco sellers. Unfortunately, it does not preempt local regulation of tobacco users.

The new language is as follows:

"No local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter. No local unit of government may impose or enforce a tax or fee on tobacco products or electronic smoking devices. This section shall not be construed to prevent a local unit of government from regulating the use of tobacco products or electronic smoking devices in any public place pursuant to section 39-5511, Idaho Code, or in any other public outdoor area."

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