Assembly Bill No. 154–Assemblymen McCleary, Angle, Brown, Collins and Mortenson

 

February 18, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing smoking of tobacco in public places. (BDR 15‑362)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to tobacco; prohibiting smoking on school grounds except under certain circumstances; prohibiting smoking within all areas of a child care facility; providing that a cigarette vending machine must not be placed in a school building or on school property; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 202.2491 is hereby amended to read as

1-2  follows:

1-3  202.2491  1.  Except as otherwise provided in [subsections 5

1-4  and 6] this section and NRS 202.24915, the smoking of tobacco in

1-5  any form is prohibited if done in any:

1-6  (a) Public elevator.

1-7  (b) Public building.

1-8  (c) Public waiting room, lobby or hallway of any:

1-9       (1) Medical facility or facility for the dependent as defined in

1-10  chapter 449 of NRS; or

1-11          (2) Office of any chiropractor, dentist, physical therapist,

1-12  physician, podiatric physician, psychologist, optician, optometrist or

1-13  doctor of Oriental medicine.

1-14      (d) Hotel or motel when so designated by the operator thereof.

2-1  (e) Public area of a store principally devoted to the sale of food

2-2  for human consumption off the premises.

2-3  (f) Child care facility.

2-4  (g) Bus used by the general public, other than a chartered bus, or

2-5  in any maintenance facility or office associated with a bus system

2-6  operated by any regional transportation commission.

2-7  (h) School bus.

2-8  (i) School building or on school property.

2-9  2.  The person in control of an area listed in paragraph (c), (d),

2-10  (e), (f) or (g) of subsection 1[:

2-11      (a) Shall] shall post in the area signs prohibiting smoking in any

2-12  place not designated for that purpose as provided in [paragraph (b).

2-13      (b) May] subsection 3.

2-14      3.  The person in control of an area listed in paragraph (c),

2-15  (d), (e) or (g) of subsection 1 may designate separate rooms or

2-16  portions of the area which may be used for smoking, except for a

2-17  room or portion of the area of a store described in paragraph (e) of

2-18  subsection 1 if the room or portion of the area:

2-19          [(1)] (a) Is leased to or operated by a person licensed

2-20  pursuant to NRS 463.160; and

2-21          [(2)] (b) Does not otherwise qualify for an exemption set

2-22  forth in NRS 202.24915.

2-23      [3.] 4.  The person in control of a public building:

2-24      (a) Shall post in the area signs prohibiting smoking in any place

2-25  not designated for that purpose as provided in paragraph (b).

2-26      (b) Shall[, except as otherwise provided in this subsection,]

2-27  designate a separate area which may be used for smoking.

2-28  [A school district which prohibits the use of tobacco by pupils need

2-29  not designate an area which may be used by the pupils to smoke.

2-30      4.] 5.  The person in control of an area listed in paragraph (i)

2-31  of subsection 1:

2-32      (a) Shall post in the area signs prohibiting smoking in any

2-33  place not designated for that purpose as provided in

2-34  paragraph (b).

2-35      (b) May designate a separate area which may be used for

2-36  smoking by persons employed at the school only if the area is

2-37  outside the school building and screened in some manner from the

2-38  view of the pupils.

2-39      6.  The operator of a restaurant with a seating capacity of 50 or

2-40  more shall maintain a flexible nonsmoking area within the restaurant

2-41  and offer each patron the opportunity to be seated in a smoking or

2-42  nonsmoking area.

2-43      [5.] 7.  A business which derives more than 50 percent of its

2-44  gross receipts from the sale of alcoholic beverages or 50 percent of

3-1  its gross receipts from gaming operations may be designated as a

3-2  smoking area in its entirety by the operator of the business.

3-3  [6.] 8.  The smoking of tobacco is not prohibited in:

3-4  (a) Any room or area designated for smoking pursuant to

3-5  [paragraph (b) of subsection 2 or] subsection 3, paragraph (b) of

3-6  subsection [3.] 4 or paragraph (b) of subsection 5.

3-7  (b) A licensed gaming establishment. A licensed gaming

3-8  establishment may designate separate rooms or areas within the

3-9  establishment which may or may not be used for smoking.

3-10      [7.  The person in control of a child care facility shall not allow

3-11  children in any room or area he designates for smoking pursuant to

3-12  paragraph (b) of subsection 2. Any such room or area must be

3-13  sufficiently separate or ventilated so that there are no irritating or

3-14  toxic effects of smoke in the other areas of the facility.

3-15      8.] 9.  As used in this section:

3-16      (a) “Child care facility” [means an establishment licensed

3-17  pursuant to chapter 432A of NRS to provide care for 13 or more

3-18  children.] has the meaning ascribed to it in NRS 432A.024.

3-19      (b) “Licensed gaming establishment” has the meaning ascribed

3-20  to it in NRS 463.0169.

3-21      (c) “Public building” means any building or office space owned

3-22  or occupied by:

3-23          (1) Any component of the University and Community

3-24  College System of Nevada and used for any purpose related to the

3-25  System.

3-26          (2) The State of Nevada and used for any public purpose,

3-27  other than that used by the Department of Corrections to house or

3-28  provide other services to offenders.

3-29          (3) Any county, city, school district or other political

3-30  subdivision of the State and used for any public purpose[.] , other

3-31  than a school building.

3-32  If only part of a building is owned or occupied by an entity

3-33  described in this paragraph, the term means only that portion of the

3-34  building which is so owned or occupied.

3-35      (d) “School building” means all buildings on the grounds of

3-36  any public school described in NRS 388.020 and any private

3-37  school as defined in NRS 394.103.

3-38      (e) “School bus” has the meaning ascribed to it in NRS 483.160.

3-39      (f) “School property” means the grounds of any public school

3-40  described in NRS 388.020 and any private school as defined in

3-41  NRS 394.103.

3-42      Sec. 2.  NRS 202.2494 is hereby amended to read as follows:

3-43      202.2494  1.  A cigarette vending machine must not be placed

3-44  in a public area described in paragraph (a), (c), (e), (f), (g) , [or] (h)

4-1  or (i) of subsection 1 of NRS 202.2491, if minors are permitted

4-2  access to that area.

4-3  2.  A coin-operated vending machine containing cigarettes must

4-4  not be used to dispense any product not made from tobacco.

 

4-5  H