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.

PRINTER'S NO.   1193

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 880
                                               Session of
                                                 2025

     INTRODUCED BY FRANKEL, HILL-EVANS, FREEMAN, VENKAT, HOWARD,
        WAXMAN, MAYES, MADDEN, GIRAL, SAPPEY, BOROWSKI, SANCHEZ,
        D. WILLIAMS, KHAN, STEELE, BELLMON, DOUGHERTY, DONAHUE,
        KRAJEWSKI AND GREEN, APRIL 1, 2025

     REFERRED TO COMMITTEE ON HEALTH, APRIL 1, 2025


                                    AN ACT
 1   Amending the act of June 13, 2008 (P.L.182, No.27), entitled "An
 2      act regulating smoking in this Commonwealth; imposing powers
 3      and duties on the Department of Health and local boards of
 4      health; providing penalties; preempting local action; and
 5      making a related repeal," further providing for title of act,
 6      for definitions, for prohibition, for signage, for
 7      enforcement, for preemption of local ordinances and for
 8      repeal; and making editorial changes.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    The title and sections 2, 3(b) and (c), 4, 5(d),
12   8, 11 and 29 of the act of June 13, 2008 (P.L.182, No.27), known
13   as the Clean Indoor Air Act, are amended to read:
14                                  AN ACT
15   Regulating smoking in this Commonwealth; imposing powers and
16      duties on the Department of Health and local boards of
17      health; providing penalties; [preempting local action;] and
18      making [a related repeal] related repeals.
19   Section 2.   Definitions.
20      The following words and phrases when used in this act shall
 1   have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3      "Adult day care."     As defined in section 1001 of the act of
 4   June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
 5      "Child-care services."     As defined in 23 Pa.C.S. § 6303
 6   (relating to definitions).
 7      "Cigar bar."     Any of the following:
 8          (1)   An establishment which, on the effective date of
 9      this section, operates pursuant to an eating place retail
10      dispenser's or restaurant liquor license under the act of
11      April 12, 1951 (P.L.90, No.21), known as the Liquor Code, and
12      is physically connected by a door, passageway or other
13      opening and directly adjacent to a tobacco shop.
14          (2)   An establishment which, at any time, operates
15      pursuant to an eating place retail dispenser's license, malt
16      or brewed beverage distributor's license or restaurant liquor
17      license under the Liquor Code, and has total annual sales of
18      tobacco products, including tobacco, accessories or cigar
19      storage lockers or humidors of at least 15% of the combined
20      gross sales of the establishment.
21      "Department."     The Department of Health of the Commonwealth.
22      ["Drinking establishment."     Any of the following:
23          (1)   An establishment which:
24                (i)    operates pursuant to an eating place retail
25          dispenser's license, restaurant liquor license or retail
26          dispenser's license under the act of April 12, 1951
27          (P.L.90, No.21), known as the Liquor Code;
28                (ii)    has total annual sales of food sold for on-
29          premises consumption of less than or equal to 20% of the
30          combined gross sales of the establishment; and

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 1                 (iii)    does not permit individuals under 18 years of
 2          age.
 3          (2)    An enclosed area within an establishment which, on
 4      the effective date of this section:
 5                 (i)    operates pursuant to an eating place retail
 6          dispenser's license, restaurant liquor license or retail
 7          dispenser's license under the Liquor Code;
 8                 (ii)    is a physically connected or directly adjacent
 9          enclosed area which is separate from the eating area, has
10          a separate air system and has a separate outside
11          entrance;
12                 (iii)    has total annual sales of food sold for on-
13          premises consumption of less than or equal to 20% of the
14          combined gross sales within the permitted smoking area of
15          the establishment; and
16                 (iv)    does not permit individuals under 18 years of
17          age.
18   The term does not include a nightclub.]
19      "Electronic smoking device."       An electronic device that
20   contains or delivers nicotine or another substance to an
21   individual inhaling from the device. The term includes any
22   device, whether manufactured, distributed, marketed or sold as
23   an electronic nicotine delivery system, electronic cigarette,
24   electronic cigar, electronic pipe, vape pen or other electronic
25   device under any other product name or descriptor.
26      ["Full-service truck stop."       An establishment catering to
27   long-haul truck drivers that provides shower facilities for a
28   fee.
29      "Gaming floor."      Any portion of a licensed facility where
30   slot machines have been installed for use or play as approved by

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 1   the Pennsylvania Gaming Control Board. The term does not include
 2   an area adjacent to the gaming floor, including any hallway,
 3   reception area, retail space, bar, nightclub, restaurant, hotel,
 4   entertainment venue or office space.
 5      "Licensed facility."      As defined in 4 Pa.C.S. § 1103
 6   (relating to definitions).
 7      "Night club."      A public hall or hall for which admission is
 8   generally charged and which is primarily or predominantly
 9   devoted to dancing or to shows or cabarets as opposed to a
10   facility that is primarily a bar, tavern or dining facility.]
11      "Patio."    An outdoor deck or similar outdoor service area
12   enclosed on no more than two sides which is part of an
13   establishment that serves food or drinks.
14      "Private club."      An organization which is any of the
15   following:
16          (1)    A reputable group of individuals associated together
17      as an organization for legitimate purposes of mutual benefit,
18      entertainment, fellowship or lawful convenience which does
19      all of the following:
20                 (i)    Regularly and exclusively occupies, as owner or
21          lessee, a clubhouse or quarter for the use of its
22          members.
23                 (ii)    Holds regular meetings; conducts its business
24          through officers regularly elected; admits members by
25          written application, investigation and ballot; and
26          charges and collects dues from elected members.
27                 (iii)   Has been in continuous existence for a period
28          of [ten] 25 years as such an organization.
29          [(2)    A volunteer ambulance service.
30          (3)    A volunteer fire company.

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 1          (4)   A volunteer rescue company.]
 2      "Public meeting."    A meeting open to the public. The term
 3   includes a meeting under 65 Pa.C.S. Ch. 7 (relating to open
 4   meetings).
 5      "Public place."   An [enclosed] area which serves as a
 6   workplace, commercial establishment, transit vehicle or an area
 7   where the public is invited or permitted. [The term includes:
 8          (1)   A facility which provides education, food or health
 9      care-related services.
10          (2)   A vehicle used for mass transportation. This
11      paragraph includes a train, subway, bus, including a
12      chartered bus, plane, taxicab and limousine.
13          (3)   A train station, subway station or bus station.
14          (4)   A public facility. This paragraph includes a
15      facility to which the public is invited or in which the
16      public is permitted and a private home which provides child-
17      care or adult day-care services.
18          (5)   A sports or recreational facility, theater or
19      performance establishment.] The term includes the space
20      within at least 20 feet of a public entrance to the area, a
21      sports or recreational facility, theater or performance
22      establishment, park and playground. The term does not include
23      a street or patio.
24      ["Smoking."   The carrying by a person of a lighted cigar,
25   cigarette, pipe or other lighted smoking device.]
26      "Smoking."    Inhaling, exhaling, burning or carrying any
27   lighted or heated cigar, cigarette, pipe or any other lighted or
28   heated tobacco or plant product intended for inhalation,
29   including marijuana, whether natural or synthetic, in any manner
30   or form. The term includes the use of an electronic smoking

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 1   device which creates an aerosol or vapor, in any manner or form.
 2      "Tobacco shop."     A business establishment whose sales of
 3   tobacco and tobacco-related products, including cigars, pipe
 4   tobacco and smoking accessories, comprise at least 50% of the
 5   gross annual sales. This term does not include a stand-alone
 6   kiosk or establishment comprised solely of cigarette vending
 7   machines.
 8      ["Volunteer ambulance service."      As defined in section 102 of
 9   the act of July 31, 2003 (P.L.73, No.17), known as the Volunteer
10   Fire Company and Volunteer Ambulance Service Grant Act.
11      "Volunteer fire company."     As defined in section 102 of the
12   act of July 31, 2003 (P.L.73, No.17), known as the Volunteer
13   Fire Company and Volunteer Ambulance Service Grant Act.
14      "Volunteer rescue company."     As defined in section 102 of the
15   act of July 31, 2003 (P.L.73, No.17), known as the Volunteer
16   Fire Company and Volunteer Ambulance Service Grant Act.]
17      "Workplace."     An [indoor] area serving as a place of
18   employment, occupation, business, trade, craft, professional or
19   volunteer activity. The term includes work areas, private
20   offices, employee lounges, restrooms, conference rooms, meeting
21   rooms, classrooms, employee cafeterias, hallways, construction
22   sites, temporary offices and work vehicles.
23   Section 3.     Prohibition.
24      * * *
25      (b)   Exceptions.--Subsection (a) shall not apply to any of
26   the following:
27            (1)   A private home, private residence or private vehicle
28      unless the private home, private residence or private vehicle
29      is [being used at the] used at the time for the provision of
30      [child-care services, adult day-care services or services

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 1    related to the care of children and youth in State or county
 2    custody.
 3        (2)    Designated quarters:
 4               (i)    within a lodging establishment which are
 5        available for rent to guests accounting for no more than
 6        25% of the total number of lodging units within a single
 7        lodging establishment; or
 8               (ii)    within a full-service truck stop.] any of the
 9        following:
10               (i)    Child-care services at a group child care home
11        as defined in 55 Pa. Code § 3280.4 (relating to
12        definitions).
13               (ii)    Child-care services at a family child care home
14        as defined in 55 Pa. Code § 3290.4 (relating to
15        definitions).
16               (iii)    Adult day care services.
17               (iv)    Services related to the care of children and
18        youth in State or county custody.
19               (v)    Early intervention services.
20        (3)    A tobacco shop.
21        (4)    A workplace of a manufacturer, importer or
22    wholesaler of tobacco products; a manufacturer of tobacco-
23    related products, including lighters; a tobacco leaf dealer
24    or processor; or a tobacco storage facility.
25        [(5)    Any of the following residential facilities:
26               (i)    A long-term care facility regulated under 42 CFR
27        483.15 (relating to quality of life). This subparagraph
28        shall not apply if 42 CFR 483.15 is abrogated or expires.
29               (ii)    A separate enclosed room or designated smoking
30        room in a residential adult care facility, community

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 1        mental health care facility, drug and alcohol facility or
 2        other residential health care facility not covered under
 3        subparagraph (i).
 4               (iii)    A designated smoking room in a facility which
 5        provides day treatment programs.]
 6        (6)    Subject to subsection (c)(2), a private club, except
 7    where the club is:
 8               (i)    open to the public through general advertisement
 9        for a club-sponsored event; or
10               (ii)    leased or used for a private event which is not
11        club sponsored.
12        [(7)    A place where a fundraiser is conducted by a
13    nonprofit and charitable organization one time per year if
14    all of the following apply:
15               (i)    The place is separate from other public areas
16        during the event.
17               (ii)    Food and beverages are available to attendees.
18               (iii)    Individuals under 18 years of age are not
19        permitted to attend.
20               (iv)    Cigars are sold, auctioned or given as gifts,
21        and cigars are a feature of the event.
22        (8)    An exhibition hall, conference room, catering hall
23    or similar facility used exclusively for an event to which
24    the public is invited for the primary purpose of promoting or
25    sampling tobacco products, subject to the following:
26               (i)    All of the following must be met:
27                      (A)   Service of food and drink is incidental.
28                      (B)   The sponsor or organizer gives notice in all
29               advertisements and other promotional materials that
30               smoking will not be restricted.

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 1                      (C)   At least 75% of all products displayed or
 2               distributed at the event are tobacco or tobacco-
 3               related products.
 4                      (D)   Notice that smoking will not be restricted
 5               is prominently posted at the entrance to the
 6               facility.
 7               (ii)    A single retailer, manufacturer or distributor
 8        of tobacco may not conduct more than six days of a
 9        promotional event under this paragraph in any calendar
10        year.]
11        (9)    A cigar bar that is not part of a licensed facility.
12        [(10)     A drinking establishment.
13        (11)    Unless otherwise increased under this paragraph,
14    25% of the gaming floor at a licensed facility. No earlier
15    than 90 days following the effective date of this section or
16    the date of commencement of slot machine operations at a
17    licensed facility, whichever is later, a licensed facility
18    shall request a report from the Department of Revenue that
19    analyzes the gross terminal revenue per slot machine unit in
20    operation at the licensed facility within the 90-day period
21    preceding the request. If the report shows that the average
22    gross terminal revenue per slot machine unit in the
23    designated smoking area equals or exceeds the average gross
24    terminal revenue per slot machine unit in the designated
25    nonsmoking area, the licensed facility may increase the
26    designated smoking area of the gaming floor in proportion to
27    the percentage difference in revenue. A licensed facility may
28    request this report from the Department of Revenue on a
29    quarterly basis and may increase the designated smoking area
30    of the gaming floor accordingly. At no time may the

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 1    designated smoking area exceed 50% of the gaming floor. The
 2    board shall have jurisdiction to verify the gross terminal
 3    revenues included in the report to ensure compliance with the
 4    requirements under this paragraph. Movement of the licensed
 5    facility from a temporary facility to a permanent facility
 6    shall not require the licensed facility to revert to the
 7    minimum percentage set forth under this paragraph.
 8          (12)   A designated outdoor smoking area within the
 9    confines of a sports or recreational facility, theater or
10    performance establishment.]
11          (13)   A patio.
12    (c)   Conditions and qualifications for exceptions.--
13          (1)    In order to be excepted under subsection (b), a
14    [drinking establishment,] cigar bar or tobacco shop must
15    submit a letter, accompanied by verifiable supporting
16    documentation, to the department claiming an exception under
17    subsection (b). Exception shall be based upon the
18    establishment's books, accounts, revenues or receipts,
19    including those reported to the Department of Revenue for
20    sales tax purposes, from the previous year or stated
21    projected annual revenues, which shall be verified within six
22    months.
23          (2)    [In order to qualify for the exception under
24    subsection (b)(6), a private club must take and record a vote
25    of its officers under the bylaws to address smoking in the
26    private club's facilities.] In order to qualify for the
27    exception under subsection (b)(6), beginning January 1, 2026,
28    and each odd-numbered year thereafter, a private club must
29    take and record a vote of the private club's members in good
30    standing in accordance with the private club's bylaws to

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 1    address smoking in the private club's facilities. The vote
 2    shall take place between September 15 and November 15 of each
 3    odd-numbered year. The private club shall submit the results
 4    of the vote to the department by December 15 of each odd-
 5    numbered year. The results of a vote under this paragraph
 6    shall be in effect for the two-year period from January 1 of
 7    the even-numbered year following the vote until December 31
 8    of the next odd-numbered year. The following shall apply:
 9             (i)    The department shall transmit a notice to the
10        Legislative Reference Bureau for publication in the next
11        available issue of the Pennsylvania Bulletin and post a
12        notice on the department's publicly accessible Internet
13        website of the physical address and email address for a
14        private club to submit the results of the vote under this
15        paragraph. A private club may submit the results of the
16        vote under this paragraph via first class mail or email.
17        The department shall develop a form that may be used by a
18        private club to submit the results of the vote under this
19        paragraph, which shall include all of the following:
20                    (A)   The name and address of the private club.
21                   (B)    The date of the vote.
22                   (C)    The results of the vote.
23                    (D)   Contact information for a member of the
24             private club who oversaw the vote of the private
25             club's members.
26             (ii)    If a private club fails to take and record a
27        vote or submit the results of the vote to the department
28        under this paragraph, smoking shall be prohibited in the
29        private club's facilities for the two-year period from
30        January 1 of the even-numbered year following when the

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 1            vote was to take place to December 31 of the next odd-
 2            numbered year.
 3                 (iii)   As used in this paragraph, the term "members
 4            in good standing" shall mean members who have met the
 5            requirements under the bylaws of a private club for a
 6            minimum period of six months preceding a vote under this
 7            paragraph.
 8   Section 4.    Signage.
 9      "Smoking Permitted" or "No Smoking" signs or the
10   international "No Smoking" symbol, which consists of a pictorial
11   representation of a burning cigarette and electronic smoking
12   device in a circle with a bar across it, shall be prominently
13   posted and properly maintained where smoking is regulated by
14   this act by the owner, operator, manager or other person having
15   control of the area. A "Smoking Permitted" sign shall be
16   prominently posted and maintained at every entrance to a public
17   place where smoking is permitted under this act. Signage
18   requirements shall not apply to parties exempt under section
19   3(b)(1).
20   Section 5.    Enforcement.
21      * * *
22      (d)     Access to records.--A [drinking establishment,] cigar
23   bar and tobacco shop shall make available all books, accounts,
24   revenues, receipts and other information to the department, the
25   Department of Revenue, the State licensing agency or a county
26   board of health as necessary to enforce this act. All
27   information submitted to the Department of Health, a county
28   board or other Commonwealth agency with enforcement duties under
29   this act[, including information to verify the on-site food
30   consumption of a drinking establishment,] shall be confidential

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 1   and shall not be subject to the act of June 21, 1957 (P.L.390,
 2   No.212), referred to as the Right-to-Know Law.
 3   Section 8.     Annual reports.
 4      (a)   Requirement.--The department shall file an annual report
 5   by December 1 with the chairman and minority chairman of the
 6   [Public] Health and [Welfare] Human Services Committee of the
 7   Senate and the chairman and minority chairman of the Health [and
 8   Human Services] Committee of the House of Representatives.
 9      (b)   Contents.--The report shall include:
10            (1)   The number of violations of this act by county as
11      reported to the department.
12            (2)   The number of enforcement actions initiated under
13      this act by the department, by another State licensing agency
14      or by a county board of health.
15            (3)   A description of the enforcement activities of the
16      department. This paragraph includes the number of personnel
17      assigned to enforce this act, enforcement strategies
18      undertaken by the department or a licensing agency and other
19      information relating to the administration and implementation
20      of this act.
21   Section 11.    [Preemption of local ordinances.
22      (a)   General rule.--Except as set forth in subsection (b),
23   the following apply:
24            (1)   This act shall supersede any ordinance, resolution
25      or regulation adopted by a political subdivision concerning
26      smoking in a public place.
27            (2)   No political subdivision shall have the authority to
28      adopt or enforce any ordinance, regulation or resolution
29      which is in conflict with this act.
30      (b)   Exception.--Subsection (a) shall not apply to a city of

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 1   the first class. A city of the first class may not change or
 2   amend its ordinance to conflict with any provision of this act.]
 3   Effect on local rules and ordinances.
 4      This act shall not be construed to restrict the power of a
 5   political subdivision to adopt and enforce any rule or ordinance
 6   that exceeds the minimum applicable standards under this act.
 7   Section 29.    [Repeal] Repeals.
 8      (a)   Intent.--The General Assembly declares that the [repeal]
 9   repeals under subsection (b) [is] are necessary to effectuate
10   this act.
11      (b)   [Provision.--Section 10.1 of the act of April 27, 1927
12   (P.L.465, No.299), referred to as the Fire and Panic Act, is
13   repealed.] Provisions.--The following parts of acts are
14   repealed:
15            (1)   Section 10.1 of the act of April 27, 1927 (P.L.465,
16      No.299), referred to as the Fire and Panic Act.
17            (2)   Section 15.1 of the Fire and Panic Act insofar as it
18      relates to clean indoor air.
19      Section 2.    This act shall take effect in 60 days.




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