2001 REGULAR SESSION (71st)                                                                             A SB258 218

Amendment No. 218

 

 

 

     Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:

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

     202.2491  1.  Except as otherwise provided in [subsections 5 and 6] this section and NRS 202.24915, the smoking of tobacco in any form is prohibited if done in or on any:

     (a) Public elevator.

     (b) Public building.

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

          (1)] Medical facility or facility for the dependent as defined in chapter 449 of NRS . [; or

          (2)] (d) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist, doctor of Oriental medicine or doctor of acupuncture.

     [(d)] (e) Hotel or motel when so designated by the operator thereof.

     [(e)] (f) Public area of a store principally devoted to the sale of food for human consumption off the premises.

     [(f)] (g) Child care facility.

     [(g)] (h) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.

     [(h)] (i) School bus.

     (j) Property of a public school.

     2.  The person in control of a public building:

     (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

     (b) Shall designate a separate area which may be used for smoking.

     3.  The person in control of an area listed in paragraph (c), (d), (e), (f) , [or] (g) or (h) of subsection 1:

     (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

     (b) May designate separate rooms or portions of the area which may be used for smoking, except for a room or portion of the area of a store described in paragraph [(e)] (f) of subsection 1 if the room or portion of the area:

          (1) Is leased to or operated by a person licensed pursuant to NRS 463.160; and

          (2) Does not otherwise qualify for an exemption set forth in NRS 202.24915.

     [3.] 4. The person in control of [a public building:] the property of a public school:

     (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

     (b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.

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A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.

     [4.] 5. The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.

     [5.] 6. A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.

     [6.] 7. The smoking of tobacco is not prohibited in:

     (a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 , paragraph (b) of subsection 3 or paragraph (b) of subsection [3.] 4.

     (b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.

     [7.] 8. The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection [2.] 3. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.

     [8.] 9. As used in this section:

     (a) “Child care facility” [means an establishment licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.] has the meaning ascribed to it in NRS 432A.024.

     (b) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

     (c) “Public building” means any building or office space , other than the property of a public school, owned or occupied by:

          (1) Any component of the University and Community College System of Nevada and used for any purpose related to the system.

          (2) The State of Nevada and used for any public purpose, other than that used by the department of prisons to house or provide other services to offenders.

          (3) Any county, city[, school district] or other political subdivision of the state and used for any public purpose.

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If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.

     (d) “Public school” has the meaning ascribed to it in NRS 385.007.

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

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

     202.2494  1.  A cigarette vending machine must not be placed in a public area described in paragraph (a), (c), [(e),] (d), (f), (g) , [or] (h) or (j) of subsection 1 of NRS 202.2491, if minors are permitted access to that area.

     2.  A coin-operated vending machine containing cigarettes must not be used to dispense any product not made from tobacco.

     Sec. 3.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A person shall not advertise cigarettes, tobacco of any description or products made from tobacco:

     (a) On the grounds of a public school;

     (b) At an activity sponsored by a public school; or

     (c) In any written material that is published by a public school.

     2.  A person who violates any provision of this section is guilty of a misdemeanor.

     Sec. 4. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A person shall not advertise cigarettes, tobacco of any description or products made from tobacco:

     (a) On the grounds of a private school;

     (b) At an activity sponsored by a private school; or

     (c) In any written material that is published by a private school.

     2.  A person who violates any provision of this section is guilty of a misdemeanor.

     Sec. 5. NRS 396.930 is hereby amended to read as follows:

     396.930  1.  Except as otherwise provided in subsections 2 and 3, a student may apply to the board of regents for a millennium scholarship if he:

     (a) Has been a resident of this state for at least 2 years before he applies for the scholarship;

     (b) Graduated from a public or private high school in this state:

          (1) After May 1, 2000; and

          (2) Not more than 8 years before he applies for the scholarship;

     (c) Maintained at least a 3.0 grade-point average on a 4.0 grading scale in high school in the core curriculum, as determined by the board of regents pursuant to subsection 2; [and]

     (d) Is enrolled in at least 12 semester credit hours in a university or at least 6 semester credit hours in a community college [.] ; and

     (e) Signs a written promise to refrain from using cigarettes, tobacco of any description and products made from tobacco while he is receiving a millennium scholarship.

     2.  The board of regents shall:

     (a) Define the core curriculum that a student must complete in high school to be eligible for a millennium scholarship.

     (b) Develop a plan to ensure that needy students and students from families that otherwise could not afford to send their children to college receive millennium scholarships.

     3.  For students who did not graduate from a public or private high school in this state and who have been residents of this state for at least 2 years, the board of regents shall establish:

     (a) The minimum score on a standardized test that such students must receive; or

     (b) Other criteria that students must meet,

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to be eligible for millennium scholarships.

     4.  In awarding scholarships, the board of regents shall enhance its outreach to students who:

     (a) Are pursuing a career in education or health care;

     (b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to a university or community college; or

     (c) Substantially participated in an anti-smoking, anti-drug or anti-alcohol program during high school.

     Sec. 6. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:

     A certificate holder shall display on each of his taxicabs a notice indicating whether smoking is permitted in the taxicab. The notice must be permanently affixed:

     1.  On the outside of both front doors in bold block letters which are of a color which contrasts with the color of the taxicab and which are not less than three-fourths of an inch in height; and

     2.  Inside the taxicab so as to be visible and easily seen by passengers.

     Sec. 7. NRS 706.881 is hereby amended to read as follows:

     706.881  1.  NRS 706.8811 to 706.885, inclusive, and section 6 of this act apply to any county:

     (a) Whose population is 400,000 or more; or

     (b) For whom regulation by the taxicab authority is not required if its board of county commissioners has enacted an ordinance approving the inclusion of the county within the jurisdiction of the taxicab authority.

     2.  Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the taxicab authority is not required, the taxicab authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, and section 6 of this act within that county.

     3.  Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the transportation services authority do not apply.

     Sec. 8.  NRS 706.885 is hereby amended to read as follows:

     706.885  1.  Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, or section 6 of this act is guilty of a misdemeanor.

     2.  The taxicab authority or administrator may at any time, for good cause shown and upon at least 5 days’ notice to the grantee of any certificate or driver’s permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver’s permit to a maximum amount of $500 or suspend or revoke the certificate or driver’s permit granted by it or him, respectively, for:

     (a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, or section 6 of this act or any regulation of the taxicab authority or administrator.

     (b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, or any regulation of the taxicab authority or administrator.

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If a penalty is imposed on the grantee of a certificate pursuant to this section, the taxicab authority or administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney’s fees.

     3.  When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the administrator shall enter a finding of default. Upon a finding of default, the administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the administrator may set aside a finding of default and proceed with the hearing.

     4.  Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.

     5.  The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1.

     Sec. 9.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to tobacco; prohibiting the smoking of tobacco in certain places; prohibiting the advertising of tobacco products on the grounds of a public or private school, at an activity sponsored by a public or private school and in material published by a public or private school; requiring an applicant for a millennium scholarship to sign a written promise to refrain from using tobacco products; requiring certain taxicabs to display a notice indicating whether smoking is permitted in the taxicab; providing a penalty; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY―Makes various changes concerning tobacco. (BDR 15‑1299)”.