Assembly Amendment to Senate Bill No. 421 (BDR 15-1267)
Proposed by: Committee on Judiciary
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if:
(a) The entire interior public area of the store is 10,000 square feet or less; or
(b) The area:
(1) Is segregated from the other public areas of the store by two or more walls or partial walls, or any combination thereof, in a configuration that includes at least one corner; and
(2) Contains a method of ventilation which substantially removes smoke from the area.
2. Except as otherwise provided in subsection 3, until January 1, 2010, a store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if the store was constructed before October 1, 1999, or received final approval for construction before October 1, 1999. On or after January 1, 2010, such a store may allow smoking in that public area only if the area contains a method of ventilation which substantially removes smoke from the area.
3. If at any time before January 1, 2010, a store described in subsection 2 remodels 25 percent or more of the square footage of the entire public area within the store, the store may continue to allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 only if the store includes as part of the remodel a method of ventilation which substantially removes smoke from the area.
4. For the purposes of this section "partial wall" or "wall" may include, without limitation, one or more gaming devices, as defined in NRS 463.0155, if the gaming devices are configured together or in conjunction with other structures to create a barrier that is similar to a partial wall or wall.
Sec. 2. NRS 202.249 is hereby amended to read as follows:
202.249 1. It is the public policy of the State of Nevada and the purpose of NRS 202.2491 and 202.2492 and section 1 of this act to place restrictions on the smoking of tobacco in public places to protect human health and safety.2. The quality of air is declared to be affected with the public interest and NRS 202.2491 and 202.2492
and section 1 of this act are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.3. Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491 and 202.2492
4. An agency, board, commission or political subdivision of this state, including any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491, 202.2492, 202.2493 and 202.2494
Amend section 1, page 1, by deleting lines 2 and 3 and inserting:
"202.2491 1. Except as otherwise provided in subsections 5 and 6,
and section 1 of this act, the smoking of tobacco in any form is prohibited if done in any:".Amend section 1, page 2, by deleting line 16 and inserting:
"
section 1 of this act.".Amend section 1, pages 2 and 3, by deleting lines 37 through 43 on page 2 and lines 1 through 14 on page 3.
Amend section 1, page 3, line 15, by deleting "
8." and inserting "7.".Amend section 1, page 3, line 20, by deleting "
Amend the bill as a whole by renumbering sec. 2 as sec. 6 and adding new sections designated sections 4 and 5, following section 1, to read as follows:
"Sec. 4. NRS 202.2492 is hereby amended to read as follows:
202.2492 1. A person who violates NRS 202.2491 or section 1 of this act is guilty of a misdemeanor.2. In each health district, the district health officer shall, and, for areas of this state which are not within a health district, the state health officer shall, designate one or more of his employees to prepare, sign and serve written citations on persons accused of violating NRS 202.2491
(a) May exercise the authority to prepare, sign and serve those citations only within the geographical jurisdiction of the district or state health officer by which he is employed; and
(b) Shall comply with the provisions of NRS 171.1773.
Sec. 5. NRS 202.24925 is hereby amended to read as follows:
202.24925 1. In addition to any criminal penalty, a person who violates NRS 202.2491 or section 1 of this act is liable for a civil penalty of $100 for each violation.2. A health authority within whose jurisdiction a violation of NRS 202.2491
or section 1 of this act is committed shall:(a) Collect the civil penalty, and may commence a civil proceeding for that purpose; and
(b) Deposit any money he collects pursuant to this section with the state treasurer for credit to the account for health education for minors, which is hereby created in the state general fund.
3. The superintendent of public instruction:
(a) Shall administer the account for health education for minors; and
(b) May, with the advice of the state health officer, expend money in the account only for programs of education for minors regarding human health.
4. The interest and income earned on the money in the account for health education for minors, after deducting any applicable charges, must be credited to the account.
5. All claims against the account for health education for minors must be paid as other claims against the state are paid.".
Amend the title of the bill by deleting the first and second lines and inserting:
"AN ACT relating to public health; establishing certain requirements related to smoking in certain public areas of grocery".
Amend the summary of the bill to read as follows:
"SUMMARY—Establishes certain requirements related to smoking in certain public areas of grocery stores. (BDR 15-1267)".