0001|                           SENATE BILL 977
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          BILLY J. MCKIBBEN
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO BUSINESS; ENACTING THE SMOKING ACCOMMODATIONS ACT;
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0012|     PROVIDING A PREEMPTION.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  SHORT TITLE.--This act may be cited as the
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0016|     "Smoking Accommodations Act".
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0017|          Section 2.  PURPOSE.--The purpose of the Smoking
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0018|     Accommodations Act is to prohibit smoking in designated areas
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0019|     and provide for smoke-free and smoking-permitted areas in
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0020|     retail businesses.
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0021|          Section 3.  DEFINITION.--As used in the Smoking
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0022|     Accommodations Act, "smoking" means the act of inhaling the
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0023|     smoke from or possessing a lighted cigarette, cigar, pipe or
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0024|     any other form of tobacco or similar substance used for
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0025|     smoking.
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0001|          Section 4.  RETAIL BUSINESS--SMOKING REGULATION.--In all
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0002|     enclosed areas of retail businesses during the hours in which
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0003|     the public is invited or permitted access, smoking is
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0004|     prohibited unless a designated smoking area has been set aside
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0005|     by the owner, manager or operator.
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0006|          Section 5.  PREEMPTION.--No person, agency of state or
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0007|     local government or political subdivision of the state shall
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0008|     adopt policies, rules, regulations or ordinances that are more
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0009|     stringent than or fail to comply with the provisions of the
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0010|     Smoking Accommodations Act.  All local government ordinances in
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0011|     effect on the effective date of that act that conflict with the
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0012|     provisions of that act are void.
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0013|          Section 6.  SEVERABILITY.--If any part or application of
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0014|     the Smoking Accommodations Act is held invalid, the remainder
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0015|     or its application to other situations or persons shall not be
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0016|     affected.
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0017|          Section 7.  EFFECTIVE DATE.--The effective date of the
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0018|     provisions of this act is July 1, 1997.
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0019|                              
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