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HOUSE BILL 168
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Kathleen Cates and Jason C. Harper and Eleanor Chavez
and Tara Jaramillo
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
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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
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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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