44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO PUBLIC HEALTH; ENACTING THE SMOKING ACCOMMODATIONS ACT; PROVIDING A PREEMPTION.

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

Section 1. SHORT TITLE.--This act may be cited as the "Smoking Accommodations Act".

Section 2. PURPOSE.--The purpose of the Smoking Accommodations Act is to prohibit smoking in designated areas and provide retail businesses with the option of providing designated smoke-free and smoking-permitted areas on the business premises or permitting smoking anywhere on the business premises.

Section 3. DEFINITION.--As used in the Smoking Accommodations Act, "smoking" means the act of inhaling the smoke from or possessing a lighted cigarette, cigar, pipe or any other form of tobacco or similar substance used for smoking.

Section 4. RETAIL BUSINESS--SMOKING REGULATION.--In all enclosed areas of retail businesses during the hours in which the public is invited or permitted access, smoking is prohibited unless the owner, manager or operator of the business designates all or a portion of those areas of the business as designated smoking-permitted areas.

Section 5. PREEMPTION.--No agency of the state or governing body or agency of a municipality or county shall adopt policies, rules or ordinances that are more stringent than or fail to comply with the provisions of the Smoking Accommodations Act. The provisions of the Smoking Accommodations Act shall not apply to or affect any municipal or county ordinances in effect prior to July 1, 1999.

Section 6. SEVERABILITY.--If any part or application of the Smoking Accommodations Act is held invalid, the remainder or its application to other situations or persons shall not be affected.

Section 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.