Tennessee § 4-4-121 - Smoking policies.

§ 4-4-121. Smoking policies.

Smoking shall be prohibited in all buildings that are owned or operated by the state, except for those sleeping rooms in state park inns, cabins that are designated as smoking rooms or cabins, and as provided by § 49-7-135. It is the intent of the general assembly that all buildings that are owned or operated by the state, other than sleeping rooms in state park inns, cabins designated for smoking, and as provided by § 49-7-135, shall be completely smoke-free. Smoking shall be prohibited in all motor vehicles that are owned, leased, or operated by the state. It is the intent of the general assembly that all motor vehicles that are owned, leased, or operated by the state shall be completely smoke-free. Acts 1990, ch. 700, § 1; 2005, ch. 329, § 2; 2006, ch. 876, § 1; 2007, ch. 463, § 1; 2017, ch. 161, § 1. Amendments. The 2017 amendment, in (a), substituted “in state park inns, cabins that” for “in state park inns and cabins that” two times, and inserted “and as provided by § 49-7-135 ” at the end of the first sentence and in the last sentence. Effective Dates. Acts 2017, ch. 161, § 4. April 24, 2017. Cross-References. Policies on smoking in student dormitories, § 49-7-135 . Law Reviews. “Get Off Your Butts”: The Employer's Right to Regulate Employee Smoking (David B. Ezra), 60 Tenn. L. Rev. 905 (1993). Attorney General Opinions. Americans with Disabilities Act — smoking — employees — state buildings, OAG 93-40, 1993 Tenn. AG LEXIS 38 (4/28/93). T.C.A. § 4-4-121 does not prohibit smoking nor does it require a state agency to adopt a smoking policy, OAG 02-111, 2002 Tenn. AG LEXIS 118 (10/07/02). T.C.A. § 4-4-121 authorizes administrative heads of state agencies to create smoking policies for buildings the administrative heads supervise or control; if an agency adopts a smoking policy, the agency must provide smokers with at least one designated indoor smoking area, OAG 02-111, 2002 Tenn. AG LEXIS 118 (10/07/02). Where T.C.A. § 4-4-121 and the Children's Act for Clean Indoor Air, T.C.A. § 39-17-1601 et seq., conflict, the latter act governs, OAG 02-111, 2002 Tenn. AG LEXIS 118 (10/07/02). The federal Pro-Children Act of 1994, compiled in 20 U.S.C. § 6081 et seq., which prohibits persons from smoking in any indoor facility where children receive routine or regular health, day care, education or library services, if these services are funded by the federal government, or through state or local governments, by federal grant, loan, loan guarantee, or contract, prevails over state law to the extent that state law conflicts with the federal act, OAG 02-111, 2002 Tenn. AG LEXIS 118 (10/07/02). The State Capitol Commission may establish a policy that prohibits smoking in the Capitol or permits smoking in certain areas thereof subject to (i) the concurrence of the State Building Commission and (ii) compliance with the requirements of this section, OAG 03-099, 2003 Tenn. AG LEXIS 115 (8/13/03). Collateral References. Secondary smoke as battery. 46 A.L.R.5th 813.