Senate Bill No. 50–Committee on Judiciary

 

(On Behalf of the Task Force for the Fund for
a Healthy Nevada (AB 474, NRS 439.625))

 

Prefiled January 30, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises various provisions pertaining to tobacco and products made from tobacco. (BDR 15‑260)

 

FISCAL NOTE:  Effect on Local Government: No.

                           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; authorizing school districts to adopt more stringent restrictions governing tobacco and products made from tobacco than restrictions imposed pursuant to state law under certain circumstances; revising the time by which certain stores must comply with certain provisions pertaining to smoking within public areas; 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 202.249 is hereby amended to read as follows:

1-2  202.249  1.  It is the public policy of the State of Nevada and

1-3  the purpose of NRS 202.2491, 202.24915 and 202.2492 to place

1-4  restrictions on the smoking of tobacco in public places to protect

1-5  human health and safety.

1-6  2.  The quality of air is declared to be affected with the public

1-7  interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in

1-8  the exercise of the police power of this state to protect the health,

1-9  peace, safety and general welfare of its people.

1-10      3.  Health authorities, police officers of cities or towns, sheriffs

1-11  and their deputies and other peace officers of this state shall, within

2-1  their respective jurisdictions, enforce the provisions of NRS

2-2  202.2491, 202.24915 and 202.2492. Police officers of cities or

2-3  towns, sheriffs and their deputies and other peace officers of this

2-4  state shall, within their respective jurisdictions, enforce the

2-5  provisions of NRS 202.2493, 202.24935 and 202.2494.

2-6  4.  [An] Except as otherwise provided in subsection 5, an

2-7  agency, board, commission or political subdivision of this state,

2-8  including , without limitation, any agency, board, commission or

2-9  governing body of a local government, shall not impose more

2-10  stringent restrictions on the smoking, use, sale, distribution,

2-11  marketing, display or promotion of tobacco or products made from

2-12  tobacco than are provided by NRS 202.2491, 202.24915, 202.2492,

2-13  202.2493, 202.24935 and 202.2494.

2-14      5.  A school district may, with respect to the property,

2-15  buildings, facilities and vehicles of the school district, impose

2-16  more stringent restrictions on the smoking, use, sale, distribution,

2-17  marketing, display or promotion of tobacco or products made from

2-18  tobacco than are provided by NRS 202.2491, 202.24915, 202.2492,

2-19  202.2493, 202.24935 and 202.2494.

2-20      Sec. 2. NRS 202.24915 is hereby amended to read as follows:

2-21      202.24915  1.  A store that is principally devoted to the sale of

2-22  food for human consumption off the premises may allow the

2-23  smoking of tobacco in a public area of the store that is leased to or

2-24  operated by a person who is licensed pursuant to NRS 463.160 if:

2-25      (a) The entire interior public area of the store is 10,000 square

2-26  feet or less; or

2-27      (b) The area:

2-28          (1) Is segregated from the other public areas of the store by

2-29  two or more walls or partial walls, or any combination thereof, in a

2-30  configuration that includes at least one corner; and

2-31          (2) Contains a method of ventilation which substantially

2-32  removes smoke from the area.

2-33      2.  Except as otherwise provided in subsection 3, until

2-34  January 1, [2010,] 2007, a store that is principally devoted to the

2-35  sale of food for human consumption off the premises may allow the

2-36  smoking of tobacco in a public area of the store that is leased to or

2-37  operated by a person who is licensed pursuant to NRS 463.160 if the

2-38  store was constructed before October 1, 1999, or received final

2-39  approval for construction before October 1, 1999. On or after

2-40  January 1, [2010,] 2007, such a store may allow smoking in that

2-41  public area only if the area contains a method of ventilation which

2-42  substantially removes smoke from the area.

2-43      3.  If at any time before January 1, [2010,] 2007, a store

2-44  described in subsection 2 remodels 25 percent or more of the square

2-45  footage of the entire public area within the store, the store may

3-1  continue to allow the smoking of tobacco in a public area of the

3-2  store that is leased to or operated by a person who is licensed

3-3  pursuant to NRS 463.160 only if the store includes as part of the

3-4  remodeling a method of ventilation which substantially removes

3-5  smoke from the area.

3-6  4.  For the purposes of this section, “partial wall” or “wall” may

3-7  include, without limitation, one or more gaming devices, as defined

3-8  in NRS 463.0155, if the gaming devices are configured together or

3-9  in conjunction with other structures to create a barrier that is similar

3-10  to a partial wall or wall.

 

3-11  H