Amends TCA Title 5; Title 6; Title 7 and Title 39.

This bill authorizes counties with a population greater than 180,000 (Williamson, Rutherford, Hamilton, Knox, Davidson, and Shelby counties) and the cities within such counties, to regulate smoking and the use of vapor products; and prohibits the use of vapor products in enclosed public places, all as discussed below.<br /> <br /> Generally under present law, the Non-Smoker Protection Act prohibits persons from smoking in enclosed public places. This bill extends the Act to also prohibit the use of vapor products in those enclosed public places. <br /> <br /> Under present law, the following are exempt from the prohibition on smoking in enclosed places: age-restricted venues; private clubs; and a specified percentage of hotel and motel rooms that are rented to guests and are designated as smoking rooms. This bill specifies that the exemption for private clubs applies to those that meet the definition of "club" for the purposes of authorization to sell alcoholic beverages for on-premises consumption.<br /> <br /> This bill adds authorization under the Act for Williamson, Rutherford, Hamilton, Knox, Davidson, and Shelby counties, and the cities within such counties, to, by resolution or ordinance, regulate smoking and the use of vapor products in: age-restricted venues; hotels; private clubs that do not meet the definition of a "club" as that term is defined the provisions governing the sale of alcoholic beverages for on-premises consumption; public property; and parks. This bill specifies that this provision does not authorize the local government to regulate smoking or the use of vapor products in a manner that is less restrictive than that required under state law. This bill also specifies that this provision does not affect or repeal any regulation of smoking or vapor products in public places, places of employment, age-restricted venues, hotels, private clubs (as described above), public property, and parks located in the local government, if the regulatory scheme was enacted based upon the authority conferred by the Act and prior to July 1, 2021. <br /> <br /> Under present law, the Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act provides that the general assembly intends by the Act and other state laws to occupy and preempt the entire field of legislation concerning the regulation of tobacco products. Present law does contain certain exceptions whereby local governments, airport authorities, utility districts, and special school districts may regulate the use of tobacco products as places such as buildings owned by the entity. This bill rewrites these present law provisions to incorporate the authorization to regulate smoking and the use of vapor products as described above those counties listed above. This bill retains other authorizations that exist under the Act under present law.<br /> <br /> Under present law, the Children's Act for Clean Indoor Air prohibits smoking and the use of vapor products in certain specifies locations, but contains exceptions for some of the locations, under which exceptions certain adults may smoke or use vapor products in certain areas or at certain times. For example, in the prohibition regarding zoos, staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access. This bill deletes from present law all such exceptions.<br />