New Mexico 2023 Regular Session

New Mexico House Bill HB168 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 168
29	29	56
30	30	TH LEGISLATURE
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33	33	STATE
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35	35	OF
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
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45	45	2023
46	46	INTRODUCED BY
47	47	Kathleen Cates and Jason C. Harper and Eleanor Chavez
48	48	and Tara Jaramillo
49	49	AN ACT
50	50	RELATING TO HEALTH; ELIMINATING RACINOS FROM SMOKING-PERMITTED
51	51	AREAS ALLOWED IN THE DEE JOHNSON CLEAN INDOOR AIR ACT.
52	52	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
53	53	SECTION 1. Section 24-16-12 NMSA 1978 (being Laws 2007,
54	54	Chapter 20, Section 4, as amended) is amended to read:
55	55	"24-16-12. SMOKING-PERMITTED AREAS.--Notwithstanding any
56	56	other provision of the Dee Johnson Clean Indoor Air Act,
57	57	smoking-permitted areas include the following:
58	58	A. a private residence, unless it is used
59	59	commercially to provide child care, adult care or health care
60	60	or any combination of those activities;
61	61	B. a retail tobacco store; provided that, for a
62	62	retail tobacco store established on or after [the effective
63	63	date of this 2019 act ] June 14, 2019, the store shall be
64	64	.224238.1 underscored material = new
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91	91	located in a standalone building;
92	92	C. a cigar bar; provided that, for a cigar bar
93	93	established on or after June 14, 2019, the bar shall be located
94	94	in a standalone building;
95	95	D. the facilities of a tobacco manufacturing
96	96	company licensed by the United States to manufacture tobacco
97	97	products that are operated by the company in its own name and
98	98	that are used exclusively by the company in its business of
99	99	manufacturing, marketing or distributing its tobacco products;
100	100	provided that secondhand smoke does not infiltrate other indoor
101	101	workplaces or other indoor public places where smoking is
102	102	otherwise prohibited under the Dee Johnson Clean Indoor Air
103	103	Act;
104	104	E. a state-licensed gaming facility, casino or
105	105	bingo parlor, except a racetrack licensed by the state racing
106	106	commission with a gaming operator's license issued by the
107	107	gaming control board;
108	108	F. designated outdoor smoking areas;
109	109	G. private clubs;
110	110	H. hotel and motel rooms that are rented to guests
111	111	and are designated as smoking-permitted rooms; provided that
112	112	not more than ten percent of rooms rented to guests in a hotel
113	113	or motel may be so designated;
114	114	I. a site that is being used in connection with the
115	115	practice of cultural or ceremonial activities by Native
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144	144	Americans and that is in accordance with the federal American
145	145	Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a;
146	146	J. a theatrical stage or a motion picture or
147	147	television production set when it is necessary for performers
148	148	to smoke as part of the production; and
149	149	K. an indoor or outdoor cannabis consumption area
150	150	pursuant to the Cannabis Regulation Act."
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