(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 258–Committee on Judiciary

 

February 27, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning tobacco. (BDR 15‑1299)

 

FISCAL NOTE:                     Effect on Local Government: No.

                                    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; 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.

 

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]

1-3  this section and NRS 202.24915, the smoking of tobacco in any form is

1-4  prohibited if done in or on 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

1-9  chapter 449 of NRS . [; or

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

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

1-12  of Oriental medicine or doctor of acupuncture.

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

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

1-15  human consumption off the premises.

1-16    [(f)] (g) Child care facility.

1-17    [(g)] (h) Bus used by the general public, other than a chartered bus, or

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

1-19  by any regional transportation commission.

2-1    [(h)] (i) School bus.

2-2    (j) Property of a public school.

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

2-4    (a) Shall post in the area signs prohibiting smoking in any place not

2-5  designated for that purpose as provided in paragraph (b).

2-6    (b) May designate a separate area which may be used for smoking.

2-7    3.  The person in control of an area listed in paragraph (c), (d), (e), (f) ,

2-8  [or] (g) or (h) of subsection 1:

2-9    (a) Shall post in the area signs prohibiting smoking in any place not

2-10  designated for that purpose as provided in paragraph (b).

2-11    (b) May designate separate rooms or portions of the area which may be

2-12  used for smoking, except for a room or portion of the area of a store

2-13  described in paragraph [(e)] (f) of subsection 1 if the room or portion of the

2-14  area:

2-15      (1) Is leased to or operated by a person licensed pursuant to NRS

2-16  463.160; and

2-17      (2) Does not otherwise qualify for an exemption set forth in NRS

2-18  202.24915.

2-19    [3.] 4. The person in control of [a public building:] the property of a

2-20  public school:

2-21    (a) Shall post in the area signs prohibiting smoking in any place not

2-22  designated for that purpose as provided in paragraph (b).

2-23    (b) [Shall,] May, except as otherwise provided in this subsection,

2-24  designate a separate area which may be used for smoking.

2-25  A school district [which prohibits the use of tobacco by pupils need] shall

2-26  not designate an area which may be used by [the] pupils to smoke.

2-27    [4.] 5. The operator of a restaurant with a seating capacity of 50 or

2-28  more shall maintain a flexible nonsmoking area within the restaurant and

2-29  offer each patron the opportunity to be seated in a smoking or nonsmoking

2-30  area.

2-31    [5.] 6. A business which derives more than 50 percent of its gross

2-32  receipts from the sale of alcoholic beverages or 50 percent of its gross

2-33  receipts from gaming operations may be designated as a smoking area in its

2-34  entirety by the operator of the business.

2-35    [6.] 7. The smoking of tobacco is not prohibited in:

2-36    (a) Any room or area designated for smoking pursuant to paragraph (b)

2-37  of subsection 2 , paragraph (b) of subsection 3 or paragraph (b) of

2-38  subsection [3.] 4.

2-39    (b) A licensed gaming establishment. A licensed gaming establishment

2-40  may designate separate rooms or areas within the establishment which may

2-41  or may not be used for smoking.

2-42    [7.] 8. The person in control of a child care facility shall not allow

2-43  children in any room or area he designates for smoking pursuant to

2-44  paragraph (b) of subsection [2.] 3. Any such room or area must be

2-45  sufficiently separate or ventilated so that there are no irritating or toxic

2-46  effects of smoke in the other areas of the facility.

2-47    [8.] 9. As used in this section:

3-1    (a) “Child care facility” [means an establishment licensed pursuant to

3-2  chapter 432A of NRS to provide care for 13 or more children.] has the

3-3  meaning ascribed to it in NRS 432A.024.

3-4    (b) “Licensed gaming establishment” has the meaning ascribed to it in

3-5  NRS 463.0169.

3-6    (c) “Public building” means any building or office space , other than

3-7  the property of a public school, owned or occupied by:

3-8       (1) Any component of the University and Community College

3-9  System of Nevada and used for any purpose related to the system.

3-10      (2) The State of Nevada and used for any public purpose, other than

3-11  that used by the department of prisons to house or provide other services to

3-12  offenders.

3-13      (3) Any county, city[, school district] or other political subdivision

3-14  of the state and used for any public purpose.

3-15  If only part of a building is owned or occupied by an entity described in

3-16  this paragraph, the term means only that portion of the building which is so

3-17  owned or occupied.

3-18    (d) “Public school” has the meaning ascribed to it in NRS 385.007.

3-19    (e) “School bus” has the meaning ascribed to it in NRS 483.160.

3-20      Sec. 2. NRS 202.2494 is hereby amended to read as follows:

3-21    202.2494  1.  A cigarette vending machine must not be placed in a

3-22  public area described in paragraph (a), (c), [(e),] (d), (f), (g) , [or] (h) or (j)

3-23  of subsection 1 of NRS 202.2491, if minors are permitted access to that

3-24  area.

3-25    2.  A coin-operated vending machine containing cigarettes must not be

3-26  used to dispense any product not made from tobacco.

3-27    Sec. 3.  Chapter 392 of NRS is hereby amended by adding thereto a

3-28  new section to read as follows:

3-29    1.  A person shall not advertise cigarettes, tobacco of any description

3-30  or products made from tobacco:

3-31    (a) On the grounds of a public school;

3-32    (b) At an activity sponsored by a public school; or

3-33    (c) In any written material that is published by a public school.

3-34    2.  A person who violates any provision of this section is guilty of a

3-35  misdemeanor.

3-36    Sec. 4. Chapter 394 of NRS is hereby amended by adding thereto a

3-37  new section to read as follows:

3-38    1.  A person shall not advertise cigarettes, tobacco of any description

3-39  or products made from tobacco:

3-40    (a) On the grounds of a private school;

3-41    (b) At an activity sponsored by a private school; or

3-42    (c) In any written material that is published by a private school.

3-43    2.  A person who violates any provision of this section is guilty of a

3-44  misdemeanor.

3-45      Sec. 5. NRS 396.930 is hereby amended to read as follows:

3-46    396.930  1.  Except as otherwise provided in subsections 2 and 3, a

3-47  student may apply to the board of regents for a millennium scholarship if

3-48  he:

4-1    (a) Has been a resident of this state for at least 2 years before he applies

4-2  for the scholarship;

4-3    (b) Graduated from a public or private high school in this state:

4-4       (1) After May 1, 2000; and

4-5       (2) Not more than 8 years before he applies for the scholarship;

4-6    (c) Maintained at least a 3.0 grade-point average on a 4.0 grading scale

4-7  in high school in the core curriculum, as determined by the board of

4-8  regents pursuant to subsection 2; [and]

4-9    (d) Is enrolled in at least 12 semester credit hours in a university or at

4-10  least 6 semester credit hours in a community college [.] ; and

4-11    (e) Signs a written promise to refrain from using cigarettes, tobacco of

4-12  any description and products made from tobacco while he is receiving a

4-13  millennium scholarship.

4-14    2.  The board of regents shall:

4-15    (a) Define the core curriculum that a student must complete in high

4-16  school to be eligible for a millennium scholarship.

4-17    (b) Develop a plan to ensure that needy students and students from

4-18  families that otherwise could not afford to send their children to college

4-19  receive millennium scholarships.

4-20    3.  For students who did not graduate from a public or private high

4-21  school in this state and who have been residents of this state for at least 2

4-22  years, the board of regents shall establish:

4-23    (a) The minimum score on a standardized test that such students must

4-24  receive; or

4-25    (b) Other criteria that students must meet,

4-26  to be eligible for millennium scholarships.

4-27    4.  In awarding scholarships, the board of regents shall enhance its

4-28  outreach to students who:

4-29    (a) Are pursuing a career in education or health care;

4-30    (b) Come from families who lack sufficient financial resources to pay

4-31  for the costs of sending their children to a university or community college;

4-32  or

4-33    (c) Substantially participated in an anti-smoking, anti-drug or anti-

4-34  alcohol program during high school.

4-35    Sec. 6. Chapter 706 of NRS is hereby amended by adding thereto a

4-36  new section to read as follows:

4-37    A certificate holder shall display on each of his taxicabs a notice

4-38  indicating whether smoking is permitted in the taxicab. The notice must

4-39  be permanently affixed:

4-40    1.  On the outside of both front doors in bold block letters which are

4-41  of a color which contrasts with the color of the taxicab and which are not

4-42  less than three-fourths of an inch in height; and

4-43    2.  Inside the taxicab so as to be visible and easily seen by passengers.

4-44    Sec. 7. NRS 706.881 is hereby amended to read as follows:

4-45    706.881  1.  NRS 706.8811 to 706.885, inclusive, and section 6 of

4-46  this act apply to any county:

4-47    (a) Whose population is 400,000 or more; or

5-1    (b) For whom regulation by the taxicab authority is not required if its

5-2  board of county commissioners has enacted an ordinance approving the

5-3  inclusion of the county within the jurisdiction of the taxicab authority.

5-4    2.  Upon receipt of a certified copy of such an ordinance from a county

5-5  for whom regulation by the taxicab authority is not required, the taxicab

5-6  authority shall exercise its regulatory authority pursuant to NRS 706.8811

5-7  to 706.885, inclusive, and section 6 of this act within that county.

5-8    3.  Within any such county, the provisions of this chapter which confer

5-9  regulatory authority over taxicab motor carriers upon the transportation

5-10  services authority do not apply.

5-11    Sec. 8.  NRS 706.885 is hereby amended to read as follows:

5-12    706.885  1.  Any person who knowingly makes or causes to be made,

5-13  either directly or indirectly, a false statement on an application, account or

5-14  other statement required by the taxicab authority or the administrator or

5-15  who violates any of the provisions of NRS 706.881 to 706.885, inclusive,

5-16  or section 6 of this act is guilty of a misdemeanor.

5-17    2.  The taxicab authority or administrator may at any time, for good

5-18  cause shown and upon at least 5 days’ notice to the grantee of any

5-19  certificate or driver’s permit, and after a hearing unless waived by the

5-20  grantee, penalize the grantee of a certificate to a maximum amount of

5-21  $15,000 or penalize the grantee of a driver’s permit to a maximum amount

5-22  of $500 or suspend or revoke the certificate or driver’s permit granted by it

5-23  or him, respectively, for:

5-24    (a) Any violation of any provision of NRS 706.881 to 706.885,

5-25  inclusive, or section 6 of this act or any regulation of the taxicab authority

5-26  or administrator.

5-27    (b) Knowingly permitting or requiring any employee to violate any

5-28  provision of NRS 706.881 to 706.885, inclusive, or any regulation of the

5-29  taxicab authority or administrator.

5-30  If a penalty is imposed on the grantee of a certificate pursuant to this

5-31  section, the taxicab authority or administrator may require the grantee to

5-32  pay the costs of the proceeding, including investigative costs and attorney’s

5-33  fees.

5-34    3.  When a driver or certificate holder fails to appear at the time and

5-35  place stated in the notice for the hearing, the administrator shall enter a

5-36  finding of default. Upon a finding of default, the administrator may

5-37  suspend or revoke the license, permit or certificate of the person who failed

5-38  to appear and impose the penalties provided in this chapter. For good cause

5-39  shown, the administrator may set aside a finding of default and proceed

5-40  with the hearing.

5-41    4.  Any person who operates or permits a taxicab to be operated in

5-42  passenger service without a certificate of public convenience and necessity

5-43  issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a

5-44  law enforcement officer witnesses a violation of this subsection, he may

5-45  cause the vehicle to be towed immediately from the scene.

5-46    5.  The conviction of a person pursuant to subsection 1 does not bar the

5-47  taxicab authority or administrator from suspending or revoking any

5-48  certificate, permit or license of the person convicted. The imposition of a

5-49  fine or suspension or revocation of any certificate, permit or license by the

6-1  taxicab authority or administrator does not operate as a defense in any

6-2  proceeding brought under subsection 1.

6-3    Sec. 9.  The amendatory provisions of this act do not apply to offenses

6-4  committed before October 1, 2001.

 

6-5  H