HOUSE BILL 168

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Kathleen Cates and Jason C. Harper and Eleanor Chávez and

Tara Jaramillo and Elizabeth "Liz" Thomson

 

 

 

 

AN ACT

RELATING TO HEALTH; ELIMINATING RACINOS FROM SMOKING-PERMITTED AREAS ALLOWED IN THE DEE JOHNSON CLEAN INDOOR AIR ACT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 24-16-12 NMSA 1978 (being Laws 2007, Chapter 20, Section 4, as amended) is amended to read:

     "24-16-12. SMOKING-PERMITTED AREAS.--Notwithstanding any other provision of the Dee Johnson Clean Indoor Air Act, smoking-permitted areas include the following:

          A. a private residence, unless it is used commercially to provide child care, adult care or health care or any combination of those activities;

          B. a retail tobacco store; provided that, for a retail tobacco store established on or after [the effective date of this 2019 act] June 14, 2019, the store shall be located in a standalone building;

          C. a cigar bar; provided that, for a cigar bar established on or after June 14, 2019, the bar shall be located in a standalone building;

          D. the facilities of a tobacco manufacturing company licensed by the United States to manufacture tobacco products that are operated by the company in its own name and that are used exclusively by the company in its business of manufacturing, marketing or distributing its tobacco products; provided that secondhand smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited under the Dee Johnson Clean Indoor Air Act;

          E. a state-licensed gaming facility, casino or bingo parlor, except a racetrack licensed by the state racing commission with a gaming operator's license issued by the gaming control board;

          F. designated outdoor smoking areas;

          G. private clubs;

          H. hotel and motel rooms that are rented to guests and are designated as smoking-permitted rooms; provided that not more than ten percent of rooms rented to guests in a hotel or motel may be so designated;

          I. a site that is being used in connection with the practice of cultural or ceremonial activities by Native Americans and that is in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a;

          J. a theatrical stage or a motion picture or television production set when it is necessary for performers to smoke as part of the production; and

          K. an indoor or outdoor cannabis consumption area pursuant to the Cannabis Regulation Act."

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