RESOLUTION NO. RS2003-1449

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to repeal T.C.A. Section 39-17-1551.

WHEREAS, the Tennessee Department of Health gathers data regarding tobacco use by children in this state; and

WHEREAS, the Department’s most recent Tennessee Youth Tobacco survey indicates that 41.3% of high school students and 23.2% of middle school students use tobacco products; and

WHEREAS, more than 80% of the adults who use tobacco products began using them before the age of 18; and

WHEREAS, more than 9,600 Tennesseans die each year from illnesses linked to tobacco use; and

WHEREAS, the medical costs attributable to smoking exceed $1.69 billion in Tennessee every year; and

WHEREAS, the U.S. Surgeon General’s 2000 Report “Reducing Tobacco Use” concluded that strong clean indoor air regulations will decrease tobacco consumption among smokers, will increase smoking cessation efforts, and will contribute to changing social norms about tobacco use; and

WHEREAS, more than 900 local governments throughout the country have adopted some type of partial or complete restriction on smoking in buildings; and

WHEREAS, in 1994 the Tennessee General Assembly enacted T.C.A. Section 39-17-1551, which preempts local governments from enacting legislation concerning the regulation of tobacco products; and

WHEREAS, the Metropolitan Government and other local governments in Tennessee should have the right to protect the health and welfare of their citizens by adopting local laws and ordinances restricting the purchase and use of tobacco products by minors and promoting clean indoor air in buildings.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to repeal T.C.A. Section 39-17-1551 so that local governments in Tennessee will once again have the right to protect the health and safety of their citizens by enacting such laws and ordinances that they deem appropriate regarding tobacco products.

Section 2. The Metropolitan Clerk is directed to send a certified copy of this resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Phil Ponder