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Senate Bill 1285 — Tobacco, local regs prohibited

Senate Bill 1285 — Tobacco, local regs prohibited

by
Parrish Miller
February 10, 2022
Parrish Miller
February 10, 2022

Bill Description: Senate Bill 1285 would prevent local governments from imposing regulations or taxes on the sale of tobacco products or vaping supplies.

Rating: +1

Amendment Analysis: The Amendment to Senate Bill 1239 does not change the rating or substantively change the analysis.

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?

Senate Bill 1285 amends section 39-5713, Idaho Code, to preempt most local regulations on tobacco or vaping sales. 

Specifically, it says, "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" those imposed by the state. 

It also says local governments may not "impose or enforce a tax or fee on tobacco products or electronic smoking devices."

Unfortunately, local governments will still be allowed to infringe on individual liberty and property rights by "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."

The bill also says, "Nothing in this section shall preclude or preempt any local, county, or municipal government from exercising its lawful authority to regulate zoning or land use."

(+1)

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