2006 Nevada Ballot Questions 4 & 5 and the existing Tobacco Smoking Law
One of the most confounding issues before Nevada voters this election is the issue of modification to our existing tobacco laws by amending them to include either Question 4 (the Responsibly Protect Nevadans From Second-Hand Smoke Act) or Question 5 (the Nevada Clean Indoor Air Act).
The only place I've seen Yes on 4 is from establishments that reap the benefits of that law - bars, restaurants, casinos.
I suggest, if you don't want a ban vote NO on both and if you want a smoking ban, vote no on 4 and yes on question 5. Now for the why... Our existing law in Nevada is in Chapter 202 of the Nevada Revised Statutes. The area were most interested in is 202.2491, in particular section 1 (a-g) which I'll paraphrase as:
Smoking tobacco is unlawful in certain public places including... elevators, public building, any medical facility and doctor offices, child care facilities, buses and arcades.
We already have a law on the books with some (small) teeth. Now we have two questions related to this law and only one can pass. If they both pass the one with the most votes passes into law.
QUESTION 4. - Responsibly Protect Nevadans From Second-Hand Smoke Act
Section 2 now permits smoking public places including, all gaming establishments, bar, clubs, Retail Stores, any establishment with gaming devices... which is Nevada includes most neighborhood drug and grocery stores. In other words Question 4 adds more public smoking areas and more importantly it also adds "section 5 - All power over the regulation of smoking of tobacco shall be exclusively vested in the legislature of the State of Nevada" [emphasis added]. In other words pass this and Nevada will have to find a way to wrest the new-found power away from the easily seduced local politicians who will undoubtedly be influenced by the powerful gaming, tobacco, restaurant etc lobbies, it's an expansion of Govt. power plain and simple.
Question 5 - Nevada Clean Indoor Air Act
Question 5 is the real smoking ban and it's a harsh one, this is the only question of importance in my mind, Question 4 shouldn't pass, weather people want a smoking ban or not, if not leave the existing law in place and if so it's Question 5 that should get your yes.Question 5 greatly expands the scope of our existing tobacco laws to basically prevent smoking any places that isn't 21 and over (a simple summary, but you can read the full law by clicking on the Question above). It doesn't try to take the power away from citizens to impact this area of the law as Question 4 does. It expands the power of Gov't, but is not nearly the egregious slap on the face that is Question 4.
Yep, it's no on both for me, but for those that want an expanded smoking ban it's yes on 5.


