Amends TCA Title 39, Chapter 17, Part 15 and Title 39, Chapter 17, Part 16.
This bill prohibits the use of vapor products in certain locations and clarifies what constitutes a vapor product for purposes of the prohibition, the sale or distribution to a minor, and the possession by a minor of vapor products.<br /> <br /> PREVENTION OF YOUTH ACCESS TO TOBACCO AND VAPOR PRODUCTS ACT<br /> <br /> Under the present law Prevention of Youth Access to Tobacco and Vapor Products Act, it is unlawful to:<br /> <br /> (1) Sell or distribute a vapor product to someone younger than 18 years old;<br /> (2) Purchase a vapor product for someone younger than 18 years old;<br /> (3) Encourage or help someone younger than 18 years old to purchase or acquire a vapor product;<br /> (4) Distribute samples of vapor products in public areas;<br /> (5) Fail to check for proof of age from someone purchasing a vapor product who looks younger than 27 years old; or<br /> (6) With exceptions, possess a vapor product, if the person is younger than 18 years old.<br /> <br /> A violation of (1)-(5) is a Class C misdemeanor. A violation of (6) is a civil offense and the juvenile court may impose a fine of no more than $50.00.<br /> <br /> This bill specifies that, for purposes of the above-described Act, "vapor product" includes both a product that emits either a visible or non-visible vapor and any substance used to refill a vapor cartridge. <br /> <br /> CHILDREN'S ACT FOR CLEAN INDOOR AIR<br /> <br /> Generally, the present law Children's Act for Clean Indoor Air prohibits a person from smoking tobacco in child day-care centers excluding private homes, community center rooms used for children's activities, group care homes, health care facilities excluding nursing homes, museums, all public and private elementary and secondary schools, residential youth treatment facilities, youth development centers, zoos, and school grounds. Present law provides exceptions for adults to smoke in designated smoking areas to which children do not have access. Additional exceptions include:<br /> <br /> (1) Adult school staff members may smoke 50 or more feet away from any entrance to any school building; and<br /> (2) Adults may smoke on school property after regular school hours. <br /> <br /> The Act also requires posting of "no-smoking" signs or symbols on each main entrance and prominently throughout a building where smoking is regulated by the Act. Written notice that smoking is prohibited by law in seating areas and in restrooms must be posted for elementary or secondary school sporting events.<br /> <br /> Under the Act, an institution that violates the above provisions or fails to take reasonable measures to enforce the above provisions commits a Class B misdemeanor, punishable only by a fine of not more than $500. Any law enforcement officer may issue a citation for a violation of this prohibition.<br /> <br /> This bill:<br /> <br /> (1) Extends the above provisions of the Act to include using vapor products in addition to smoking tobacco;<br /> (2) Extends the distance from any entrance an adult school staff must be in order to smoke from 50 or more feet to 100 or more feet; and<br /> (3) Removes the exception described above for smoking on school grounds after regular school hours. <br /> <br />
This bill prohibits the use of vapor products in certain locations and clarifies what constitutes a vapor product for purposes of the prohibition, the sale or distribution to a minor, and the possession by a minor of vapor products.<br /> <br /> PREVENTION OF YOUTH ACCESS TO TOBACCO AND VAPOR PRODUCTS ACT<br /> <br /> Under the present law Prevention of Youth Access to Tobacco and Vapor Products Act, it is unlawful to:<br /> <br /> (1) Sell or distribute a vapor product to someone younger than 18 years old;<br /> (2) Purchase a vapor product for someone younger than 18 years old;<br /> (3) Encourage or help someone younger than 18 years old to purchase or acquire a vapor product;<br /> (4) Distribute samples of vapor products in public areas;<br /> (5) Fail to check for proof of age from someone purchasing a vapor product who looks younger than 27 years old; or<br /> (6) With exceptions, possess a vapor product, if the person is younger than 18 years old.<br /> <br /> A violation of (1)-(5) is a Class C misdemeanor. A violation of (6) is a civil offense and the juvenile court may impose a fine of no more than $50.00.<br /> <br /> This bill specifies that, for purposes of the above-described Act, "vapor product" includes both a product that emits either a visible or non-visible vapor and any substance used to refill a vapor cartridge. <br /> <br /> CHILDREN'S ACT FOR CLEAN INDOOR AIR<br /> <br /> Generally, the present law Children's Act for Clean Indoor Air prohibits a person from smoking tobacco in child day-care centers excluding private homes, community center rooms used for children's activities, group care homes, health care facilities excluding nursing homes, museums, all public and private elementary and secondary schools, residential youth treatment facilities, youth development centers, zoos, and school grounds. Present law provides exceptions for adults to smoke in designated smoking areas to which children do not have access. Additional exceptions include:<br /> <br /> (1) Adult school staff members may smoke 50 or more feet away from any entrance to any school building; and<br /> (2) Adults may smoke on school property after regular school hours. <br /> <br /> The Act also requires posting of "no-smoking" signs or symbols on each main entrance and prominently throughout a building where smoking is regulated by the Act. Written notice that smoking is prohibited by law in seating areas and in restrooms must be posted for elementary or secondary school sporting events.<br /> <br /> Under the Act, an institution that violates the above provisions or fails to take reasonable measures to enforce the above provisions commits a Class B misdemeanor, punishable only by a fine of not more than $500. Any law enforcement officer may issue a citation for a violation of this prohibition.<br /> <br /> This bill:<br /> <br /> (1) Extends the above provisions of the Act to include using vapor products in addition to smoking tobacco;<br /> (2) Extends the distance from any entrance an adult school staff must be in order to smoke from 50 or more feet to 100 or more feet; and<br /> (3) Removes the exception described above for smoking on school grounds after regular school hours. <br /> <br />
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