Local control of tobacco laws debated

Erin Neff

Thursday, March 15, 2001 | 10:56 a.m.

CARSON CITY -- Tobacco lobbyists aren't alone in their opposition to a measure that would give local governments the right to pass more stringent tobacco laws than those currently being enforced by the state.

Some members of the Senate Judiciary Committee questioned why Senate Bill 258 was attempting to "circumvent" the Legislature; others wondered whether local governments would actually do anything.

The bill, proposed by the Nevada Tobacco Prevention Coalition, would allow local governments to pass laws restricting tobacco use as they see fit, with the exception of ordinances dealing with casinos, bars and bars within restaurants.

"This bill does not ask you to outlaw tobacco," said Helen Foley, a lobbyist for the Clark County Health District. "This simply gives local governments more control."

Sen. Maurice Washington, R-Sparks, said existing law already prohibits smoking in public elevators and buildings, school buses and in waiting rooms, lobbies and hallways of medical facilities, doctor's offices and child care facilities.

Existing law also allows the operator of a hotel or motel to designate when a facility should be smoke-free.

"Why should we continue to lengthen this list?" Washington asked. "It should be the owner or operator's choice."

Health officials testified that the measure was needed to allow local school districts, cities and counties the ability to ban smoking on school campuses and in convenience and grocery stores.

"Your laws prevent local decision-makers from protecting the health and welfare of their constituents," said Denise Brodsky, a Clark County School Board trustee and executive director of the tobacco coalition.

Sen. Jon Porter, R-Henderson, said he was concerned about the "mixed message" sent by health officials during a previous session, when they fought against a measure to prohibit teenagers younger than 18 from smoking. He also said Henderson Mayor Jim Gibson did not support Senate Bill 253.

"It doesn't seem that your bill is dealing with second-hand smoke. It looks like we're dealing with circumventing the Legislature to go down to the local government," Washington said.

Sen. Dina Titus, D-Las Vegas, asked why casinos were being exempted, given the health risk second-hand smoke poses to casino employees.

Robin Camacho, a lobbyist for the American Heart Association, presented the results of a recent poll showing 86 percent of Nevadans favor a smoke-free workplace and 79.7 percent of Nevadans agree local communities need to pass ordinances prohibiting second-hand smoke at work or in public places.

The poll, conducted by Magellan Research of Las Vegas, surveyed 450 people and has a margin of error of 4.8 percent.

But Harvey Whittemore, a lobbyist representing the Nevada Resort Association, said the people in charge of public buildings currently have the ability to limit smoking in those facilities. He said current state law strikes a proper balance.

"It doesn't create problems for anyone other than those who want to outlaw smoking," added Whittemore, who also represents R.J. Reynolds Tobacco Co.

Already during this legislative session bills have been introduced to prohibit smoking in grocery stores, require that casinos establish nonsmoking gaming areas and treat as criminals juveniles who misrepresent their age to purchase cigarettes.

No vote was taken on the bill.