EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

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

1-2 202.2491 1. Except as otherwise provided in subsections 5 [and 6,] ,

1-16 (f) Child care facility.

2-1 (g) Bus used by the general public, other than a chartered bus, or in any

2-2 maintenance facility or office associated with a bus system operated by any

2-3 regional transportation commission.

2-4 (h) School bus.

2-5 2. The person in control of an area listed in paragraph (c), (d), (e), (f)

2-6 or (g) of subsection 1:

2-7 (a) Shall post in the area signs prohibiting smoking in any place not

2-8 designated for that purpose as provided in paragraph (b).

2-9 (b) May designate separate rooms or portions of the area which may be

2-10 used for smoking [.] , except for a room or portion of the area of a store

2-11 described in paragraph (e) of subsection 1 if the room or portion of the

2-12 area:

2-13 (1) Is leased to or operated by a person licensed pursuant to NRS

2-14 463.160; and

2-15 (2) Does not otherwise qualify for an exemption set forth in

2-16 subsection 7.

2-17 3. The person in control of a public building:

2-18 (a) Shall post in the area signs prohibiting smoking in any place not

2-19 designated for that purpose as provided in paragraph (b).

2-20 (b) Shall, except as otherwise provided in this subsection, designate a

2-21 separate area which may be used for smoking.

2-22 A school district which prohibits the use of tobacco by pupils need not

2-23 designate an area which may be used by the pupils to smoke.

2-24 4. The operator of a restaurant with a seating capacity of 50 or more

2-25 shall maintain a flexible nonsmoking area within the restaurant and offer

2-26 each patron the opportunity to be seated in a smoking or nonsmoking area.

2-27 5. A business which derives more than 50 percent of its gross receipts

2-28 from the sale of alcoholic beverages or 50 percent of its gross receipts from

2-29 gaming operations may be designated as a smoking area in its entirety by

2-30 the operator of the business.

2-31 6. The smoking of tobacco is not prohibited in:

2-32 (a) Any room or area designated for smoking pursuant to paragraph (b)

2-33 of subsection 2 or paragraph (b) of subsection 3.

2-34 (b) A licensed gaming establishment. A licensed gaming establishment

2-35 may designate separate rooms or areas within the establishment which may

2-36 or may not be used for smoking.

2-37 7. For stores described in paragraph (e) of subsection 1, the smoking

2-38 of tobacco is not prohibited in any public area leased to or operated by a

2-39 person licensed pursuant to NRS 463.160 if:

2-40 (a) The store was constructed before October 1, 1999;

2-41 (b) The local governing body having the authority to give final

2-42 approval for construction of the store gave such final approval before

2-43 October 1, 1999;

3-1 (c) The entire interior public area of the store is 10,000 square feet or

3-2 less; or

3-3 (d) The area leased to or operated by a person licensed pursuant to

3-4 NRS 463.160:

3-5 (1) Is segregated from the other public areas of the store by two or

3-6 more walls or partial walls, or any combination thereof, in a

3-7 configuration that includes at least one corner; and

3-8 (2) Contains a method of ventilation which substantially removes

3-9 smoke from the area.

3-10 For the purposes of this paragraph, a "wall" or "partial wall" may

3-11 include, without limitation, one or more gaming devices, as defined in

3-12 NRS 463.0155, if the gaming devices are configured together or in

3-13 conjunction with other structures to create a barrier that is similar to a

3-14 wall or partial wall.

3-15 8. The person in control of a child care facility shall not allow children

3-16 in any room or area he designates for smoking pursuant to paragraph (b) of

3-17 subsection 2. Any such room or area must be sufficiently separate or

3-18 ventilated so that there are no irritating or toxic effects of smoke in the

3-19 other areas of the facility.

3-20 [8.] 9. As used in this section:

3-21 (a) "Child care facility" means an establishment licensed pursuant to

3-22 chapter 432A of NRS to provide care for 13 or more children.

3-23 (b) "Licensed gaming establishment" has the meaning ascribed to it in

3-24 NRS 463.0169.

3-25 (c) "Public building" means any building or office space owned or

3-26 occupied by:

3-27 (1) Any component of the University and Community College System

3-28 of Nevada and used for any purpose related to the system.

3-29 (2) The State of Nevada and used for any public purpose, other than

3-30 that used by the department of prisons to house or provide other services to

3-31 offenders.

3-32 (3) Any county, city, school district or other political subdivision of

3-33 the state and used for any public purpose.

3-34 If only part of a building is owned or occupied by an entity described in

3-35 this paragraph, the term means only that portion of the building which is so

3-36 owned or occupied.

3-37 (d) "School bus" has the meaning ascribed to it in NRS 483.160.

3-38 Sec. 2. The amendatory provisions of this act do not apply to offenses

3-39 that were committed before October 1, 1999.