Assembly Bill No. 362–Assemblyman Marvel (by request)

 

March 14, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions regarding smoking of tobacco in public areas. (BDR 15‑1266)

 

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; revising provisions concerning the smoking of tobacco in certain public areas; revising provisions governing the location of cigarette vending machines; 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 follows:

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

1-3  NRS 202.24915, the smoking of tobacco in any form is prohibited if done

1-4  in any:

1-5    (a) Public elevator.

1-6    (b) Public building.

1-7    (c) Public waiting room, lobby or hallway of any:

1-8       (1) Medical facility or facility for the dependent as defined in chapter

1-9  449 of NRS; or

1-10      (2) Office of any chiropractor, dentist, physical therapist, physician,

1-11  podiatric physician, psychologist, optician, optometrist, doctor of Oriental

1-12  medicine or doctor of acupuncture.

1-13    (d) Hotel or motel when so designated by the operator thereof.

1-14    (e) Public area of a store principally devoted to the sale of food for

1-15  human consumption off the premises.

1-16    (f) Child care facility.

1-17    (g) Bus used by the general public, other than a chartered bus, or in any

1-18  maintenance facility or office associated with a bus system operated by any

1-19  regional transportation commission.

1-20    (h) School bus.

1-21    (i) Public area designated for use by children by a county, city or

1-22  town.

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

2-2  [or] (g) or (i) of subsection 1:

2-3    (a) Shall post in the area signs prohibiting smoking in any place not

2-4  designated for that purpose as provided in paragraph (b).

2-5    (b) May designate separate rooms or portions of the area which may be

2-6  used for smoking, except for a room or portion of the area of a store

2-7  described in paragraph (e) of subsection 1 if the room or portion of the

2-8  area:

2-9       (1) Is leased to or operated by a person licensed pursuant to NRS

2-10  463.160; and

2-11      (2) Does not otherwise qualify for an exemption set forth in NRS

2-12  202.24915.

2-13    3.  The person in control of a public building:

2-14    (a) Shall post in the area signs prohibiting smoking in any place not

2-15  designated for that purpose as provided in paragraph (b).

2-16    (b) Shall, except as otherwise provided in this subsection, designate a

2-17  separate area which may be used for smoking.

2-18  A school district which prohibits the use of tobacco by pupils need not

2-19  designate an area which may be used by the pupils to smoke.

2-20    4.  The operator of a restaurant with a seating capacity of 50 or more

2-21  shall maintain a flexible nonsmoking area within the restaurant and offer

2-22  each patron the opportunity to be seated in a smoking or nonsmoking area.

2-23    5.  A business which derives more than 50 percent of its gross receipts

2-24  from the sale of alcoholic beverages or 50 percent of its gross receipts from

2-25  gaming operations may be designated as a smoking area in its entirety by

2-26  the operator of the business.

2-27    6.  The smoking of tobacco is not prohibited in:

2-28    (a) Any room or area designated for smoking pursuant to paragraph (b)

2-29  of subsection 2 or paragraph (b) of subsection 3.

2-30    (b) A licensed gaming establishment. A licensed gaming establishment

2-31  may designate separate rooms or areas within the establishment which may

2-32  or may not be used for smoking.

2-33    7.  The person in control of a child care facility shall not allow children

2-34  in any room or area he designates for smoking pursuant to paragraph (b) of

2-35  subsection 2. Any such room or area must be sufficiently separate or

2-36  ventilated so that there are no irritating or toxic effects of smoke in the

2-37  other areas of the facility.

2-38    8.  As used in this section:

2-39    (a) “Child care facility” means an establishment licensed pursuant to

2-40  chapter 432A of NRS to provide care for 13 or more children.

2-41    (b) “Licensed gaming establishment” has the meaning ascribed to it in

2-42  NRS 463.0169.

2-43    (c) “Public building” means any building or office space owned or

2-44  occupied by:

2-45      (1) Any component of the University and Community College

2-46  System of Nevada and used for any purpose related to the system.

2-47      (2) The State of Nevada and used for any public purpose, other than

2-48  that used by the department of prisons to house or provide other services to

2-49  offenders.

3-1       (3) Any county, city, school district or other political subdivision of

3-2  the state and used for any public purpose.

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

3-4  this paragraph, the term means only that portion of the building which is so

3-5  owned or occupied.

3-6    (d) “School bus” has the meaning ascribed to it in NRS 483.160.

3-7    Sec. 2.  NRS 202.2494 is hereby amended to read as follows:

3-8    202.2494  1.  A cigarette vending machine must not be placed in a

3-9  public area described in paragraph (a), (c), (e), (f), (g) , [or] (h) or (i) of

3-10  subsection 1 of NRS 202.2491, if minors are permitted access to that area.

3-11    2.  A coin-operated vending machine containing cigarettes must not be

3-12  used to dispense any product not made from tobacco.

3-13    Sec. 3.  The amendatory provisions of this act do not apply to offenses

3-14  committed before the effective date of this act.

3-15    Sec. 4.  This act becomes effective upon passage and approval.

 

3-16  H