Assembly Bill No. 96–Committee on Judiciary

 

(On Behalf of Clark County)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing smoking of tobacco in public places. (BDR 15‑423)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to tobacco; authorizing a local board of health to impose stricter regulations concerning tobacco than those imposed by statute; revising provisions governing smoking of tobacco in public places; prohibiting cigarette vending machines in certain public areas; repealing the provision which allows smoking under certain circumstances in certain stores that are principally devoted to the sale of food for human consumption off the premises; 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 202.249 is hereby amended to read as follows:

1-2  202.249  1.  It is the public policy of the State of Nevada and

1-3  the purpose of NRS 202.2491[, 202.24915] and 202.2492 to place

1-4  restrictions on the smoking of tobacco in public places to protect

1-5  human health and safety.

1-6  2.  The quality of air is declared to be affected with the public

1-7  interest and NRS 202.2491[, 202.24915] and 202.2492 are enacted

1-8  in the exercise of the police power of this state to protect the health,

1-9  peace, safety and general welfare of its people.

2-1  3.  Health authorities, police officers of cities or towns, sheriffs

2-2  and their deputies and other peace officers of this state shall, within

2-3  their respective jurisdictions, enforce the provisions of NRS

2-4  202.2491[, 202.24915] and 202.2492. Police officers of cities or

2-5  towns, sheriffs and their deputies and other peace officers of this

2-6  state shall, within their respective jurisdictions, enforce the

2-7  provisions of NRS 202.2493, 202.24935 and 202.2494.

2-8  4.  [An agency, board, commission or political subdivision of

2-9  this state, including any agency, board, commission or governing

2-10  body of a local government, shall not] A local board of health may

2-11  impose more stringent restrictions on the smoking, use, sale,

2-12  distribution, marketing, display or promotion of tobacco or products

2-13  made from tobacco than are provided by NRS 202.2491,

2-14  [202.24915,] 202.2492, 202.2493, 202.24935 and 202.2494.

2-15      Sec. 2.  NRS 202.2491 is hereby amended to read as follows:

2-16      202.2491  1.  Except as otherwise provided in [subsections 5

2-17  and 6 and NRS 202.24915,] subsection 3, the smoking of tobacco in

2-18  any form is prohibited if done in any:

2-19      (a) Public elevator.

2-20      (b) Public building[.] or on any part of the grounds of a public

2-21  building that is within 100 feet of a door used to enter or exit the

2-22  building.

2-23      (c) [Public waiting room, lobby or hallway of any:

2-24          (1)] Medical facility or facility for the dependent as defined

2-25  in chapter 449 of NRS[; or

2-26          (2) Office of] or portion of a building that is occupied by

2-27  any chiropractor, dentist, physical therapist, physician, podiatric

2-28  physician, psychologist, optician, optometrist or doctor of Oriental

2-29  medicine.

2-30      (d) Hotel or motel when so designated by the operator thereof.

2-31      (e) [Public area of a store] Store principally devoted to the sale

2-32  of food for human consumption off the premises.

2-33      (f) Child care facility.

2-34      (g) Bus used by the general public[, other than a chartered bus,]

2-35  or in any maintenance facility or office associated with a bus system

2-36  operated by any regional transportation commission.

2-37      (h) School bus.

2-38      (i) Restaurant.

2-39      (j) School building or on school property.

2-40      (k) Mall containing retail establishments that are open to the

2-41  public.

2-42      (l) Retail establishment that is open to the public.

2-43      (m) Movie theater.

2-44      (n) Video arcade.

3-1  2.  The person in control of an area listed in [paragraph (c), (d),

3-2  (e), (f) or (g) of subsection 1:

3-3  (a) Shall] subsection 1 shall post in the area signs prohibiting

3-4  smoking . [in any place not designated for that purpose as provided

3-5  in paragraph (b).

3-6  (b) May designate separate rooms or portions of the area which

3-7  may be used for smoking, except for a room or portion of the area of

3-8  a store described in paragraph (e) of subsection 1 if the room or

3-9  portion of the area:

3-10          (1) Is leased to or operated by a person licensed pursuant to

3-11  NRS 463.160; and

3-12          (2) Does not otherwise qualify for an exemption set forth in

3-13  NRS 202.24915.

3-14      3.  The person in control of a public building:

3-15      (a) Shall post in the area signs prohibiting smoking in any place

3-16  not designated for that purpose as provided in paragraph (b).

3-17      (b) Shall, except as otherwise provided in this subsection,

3-18  designate a separate area which may be used for smoking.

3-19  A school district which prohibits the use of tobacco by pupils need

3-20  not designate an area which may be used by the pupils to smoke.

3-21      4.  The operator of a restaurant with a seating capacity of 50 or

3-22  more shall maintain a flexible nonsmoking area within the restaurant

3-23  and offer each patron the opportunity to be seated in a smoking or

3-24  nonsmoking area.

3-25      5.  A business which derives more than 50 percent of its gross

3-26  receipts from the sale of alcoholic beverages or 50 percent of its

3-27  gross receipts from gaming operations may be designated as a

3-28  smoking area in its entirety by the operator of the business.

3-29      6.] 3. The smoking of tobacco is not prohibited in:

3-30      (a) [Any room or area designated for smoking pursuant to

3-31  paragraph (b) of subsection 2 or paragraph (b) of subsection 3.

3-32      (b) A licensed] The areas of a nonrestricted gaming

3-33  establishment[. A licensed] where gaming is conducted, other than

3-34  a restaurant. In the areas of a nonrestricted gaming establishment

3-35  where smoking is authorized, the gaming establishment may

3-36  designate separate rooms or areas within those areas of the

3-37  establishment which may or may not be used for smoking.

3-38      [7.  The person in control of a child care facility shall not allow

3-39  children in any room or area he designates for smoking pursuant to

3-40  paragraph (b) of subsection 2. Any such room or area must be

3-41  sufficiently separate or ventilated so that there are no irritating or

3-42  toxic effects of smoke in the other areas of the facility.

3-43      8.] (b) A business, other than a restaurant, which derives

3-44  more than 50 percent of its gross receipts from the sale of

3-45  alcoholic beverages which are consumed on the premises.

4-1  4. As used in this section:

4-2  (a) “Child care facility” means an establishment licensed

4-3  pursuant to chapter 432A of NRS to provide care for 13 or more

4-4  children.

4-5  (b) [“Licensed gaming establishment” has the meaning ascribed

4-6  to it in NRS 463.0169.

4-7  (c)] “Public building” means any building or office space owned

4-8  or occupied by:

4-9       (1) Any component of the University and Community

4-10  College System of Nevada and used for any purpose related to the

4-11  system.

4-12          (2) The State of Nevada and used for any public purpose,

4-13  other than that used by the Department of Corrections to house or

4-14  provide other services to offenders.

4-15          (3) Any county, city, school district or other political

4-16  subdivision of the State and used for any public purpose[.] , other

4-17  than a school building.

4-18  If only part of a building is owned or occupied by an entity

4-19  described in this paragraph, the term means only that portion of the

4-20  building which is so owned or occupied.

4-21      (c) “School building” means all buildings on the grounds of

4-22  any public school described in NRS 388.020 and any private

4-23  school as defined in NRS 394.103.

4-24      (d)“School bus” has the meaning ascribed to it in NRS 483.160.

4-25      (e) “School property” means the grounds of any public school

4-26  described in NRS 388.020 and any private school as defined in

4-27  NRS 394.103.

4-28      (f) “Video arcade” has the meaning ascribed to it in paragraph

4-29  (d) of subsection 3 of NRS 453.3345.

4-30      Sec. 3.  NRS 202.2492 is hereby amended to read as follows:

4-31      202.2492  1.  A person who violates NRS 202.2491 [or

4-32  202.24915] is guilty of a misdemeanor.

4-33      2.  In each health district, the district health officer shall, and,

4-34  for areas of this state which are not within a health district, the State

4-35  Health Officer shall, designate one or more of his employees to

4-36  prepare, sign and serve written citations on persons accused of

4-37  violating NRS 202.2491 . [or 202.24915.] Such an employee:

4-38      (a) May exercise the authority to prepare, sign and serve those

4-39  citations only within the geographical jurisdiction of the district or

4-40  State Health Officer by which he is employed; and

4-41      (b) Shall comply with the provisions of NRS 171.1773.

4-42      Sec. 4.  NRS 202.24925 is hereby amended to read as follows:

4-43      202.24925  1.  In addition to any criminal penalty, a person

4-44  who violates NRS 202.2491 [or 202.24915] is liable for a civil

4-45  penalty of $100 for each violation.

5-1  2.  A health authority within whose jurisdiction a violation of

5-2  NRS 202.2491 [or 202.24915] is committed shall:

5-3  (a) Collect the civil penalty, and may commence a civil

5-4  proceeding for that purpose; and

5-5  (b) Deposit any money he collects pursuant to this section with

5-6  the State Treasurer for credit to the Account for Health Education

5-7  for Minors, which is hereby created in the State General Fund.

5-8  3.  The Superintendent of Public Instruction:

5-9  (a) Shall administer the Account for Health Education for

5-10  Minors; and

5-11      (b) May, with the advice of the State Health Officer, expend

5-12  money in the Account only for programs of education for minors

5-13  regarding human health.

5-14      4.  The interest and income earned on the money in the Account

5-15  for Health Education for Minors, after deducting any applicable

5-16  charges, must be credited to the Account.

5-17      5.  All claims against the Account for Health Education for

5-18  Minors must be paid as other claims against the State are paid.

5-19      Sec. 5.  NRS 202.2494 is hereby amended to read as follows:

5-20      202.2494  1.  A cigarette vending machine must not be placed

5-21  in a public area described in [paragraph (a), (c), (e), (f), (g) or (h) of]

5-22  subsection 1 of NRS 202.2491, if minors are permitted access to that

5-23  area.

5-24      2.  A coin-operated vending machine containing cigarettes must

5-25  not be used to dispense any product not made from tobacco.

5-26      Sec. 6.  NRS 202.24915 is hereby repealed.

5-27      Sec. 7.  This act becomes effective on July 1, 2003.

 

5-28  TEXT OF REPEALED SECTION

 

5-29      202.24915  Smoking tobacco: Allowed under certain

5-30   circumstances in certain stores that are principally devoted to

5-31   sale of food for human consumption off premises.

5-32      1.  A store that is principally devoted to the sale of food for

5-33   human consumption off the premises may allow the smoking of

5-34   tobacco in a public area of the store that is leased to or operated by

5-35   a person who is licensed pursuant to NRS 463.160 if:

5-36      (a) The entire interior public area of the store is 10,000 square

5-37   feet or less; or

5-38      (b) The area:

6-1       (1) Is segregated from the other public areas of the store by

6-2  two or more walls or partial walls, or any combination thereof, in a

6-3   configuration that includes at least one corner; and

6-4       (2) Contains a method of ventilation which substantially

6-5   removes smoke from the area.

6-6  2.  Except as otherwise provided in subsection 3, until

6-7  January 1, 2010, a store that is principally devoted to the sale of

6-8   food for human consumption off the premises may allow the

6-9   smoking of tobacco in a public area of the store that is leased to or

6-10   operated by a person who is licensed pursuant to NRS 463.160 if

6-11   the store was constructed before October 1, 1999, or received final

6-12   approval for construction before October 1, 1999. On or after

6-13   January 1, 2010, such a store may allow smoking in that public area

6-14   only if the area contains a method of ventilation which substantially

6-15   removes smoke from the area.

6-16      3.  If at any time before January 1, 2010, a store described in

6-17   subsection 2 remodels 25 percent or more of the square footage of

6-18   the entire public area within the store, the store may continue to

6-19   allow the smoking of tobacco in a public area of the store that is

6-20   leased to or operated by a person who is licensed pursuant to NRS

6-21   463.160 only if the store includes as part of the remodeling a

6-22   method of ventilation which substantially removes smoke from the

6-23   area.

6-24      4.  For the purposes of this section, “partial wall” or “wall” may

6-25   include, without limitation, one or more gaming devices, as defined

6-26   in NRS 463.0155, if the gaming devices are configured together or

6-27   in conjunction with other structures to create a barrier that is similar

6-28   to a partial wall or wall.

 

6-29  H