Pubdate: Wed, 09 Mar 2005
Source: Las Vegas Sun (NV)
Copyright: 2005 Las Vegas Sun, Inc
Contact:  http://www.lasvegassun.com/
Details: http://www.mapinc.org/media/234
Author: Elizabeth White, Associated Press
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/topics/marijuana+initiative
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

NEVADA LAWMAKERS PASS INITIATIVES TO VOTERS

CARSON CTIY, Nev. (AP) - A Nevada Assembly panel decided not to vote
Wednesday on two dueling initiative petitions - one more lenient than
the other - that would tighten rules on smoking in public areas.

The Assembly Judiciary inaction means both initiative petitions will
now go to the voters in 2006. If both pass, the one with a higher
number of "yes" votes will become law.

While sponsors of both initiatives say they want to protect Nevadans,
particularly children, from second-hand smoke, legislators noted one
proposal, Initiative Proposal 1, goes a lot farther than the other,
Initiative Proposal 2.

IP1 would bar smoking inside grocery stores and convenience stores,
many of which have slot machines and now allow smoking. It also would
ban smoking inside restaurants but would allow it inside casinos and
stand-alone bars, defined as those that don't share an area with a
restaurant and only serve prepackaged foods like peanuts and popcorn.

"If they are within the gaming area of the casino they can take their
cocktail from the bar and take their cigarettes and puff away and
gamble," said Helen Foley of the Clean Indoor Air Alliance.

Brooke Wong, of the Nevada Tobacco Prevention Coalition, said the
Centers for Disease Control issued an advisory to tell people that
smoke-free environments can prevent lung cancer. She said exposure to
second-hand smoke creates up to 26,000 asthma cases a year.

But those in favor of IP2, which would allow smoking in restaurant
bars and grocery store and convenience store gambling areas, said too
many restrictions would hurt local taverns, cause layoffs and force
them to choose between serving food and allowing smoking.

Sean Higgins, general counsel of Herbst Gaming, Inc., said IP1 is a
"fraud to the public," and could even include hotel rooms in the
prohibition. But Wong, also director of program services for the
Idaho-Nevada American Lung Association, said she never intended to go
after hotel rooms.

Sam McMullen of the Nevada Retail Association said gambling areas in
grocery stores will be fully ventilated by 2007, three years ahead of
an original deadline.

"Our big test has been that the number of complaints has dropped off
significantly since we started ventilating and alcoving the
facilities" he said.

Supporters of each proposal also differ on who should have control
over the smoking regulations. IP1 sponsors want local city and county
governments to be able to adopt stricter rules than their initiative
requires. IP2 sponsors want control to remain with the state
Legislature, and they say enforcement requirements in IP1 will put
undue strain on local police.

Stan Olsen of the Las Vegas Metropolitan Police Department said his
organization is neutral on the proposals - but IP1 would create
significant problems for law enforcement, which already has more cases
than it can tackle.

For either one of the initiatives to go into law without a public
vote, the Senate and Assembly would have had to pass them by March 18,
the 40th day of the session. They would then have gone on to Gov.
Kenny Guinn for a signature.

Judiciary Chairman Bernie Anderson, D-Sparks, said the committee
didn't get the initiative petitions until recently because they were
held up in litigation.

Secretary of State Dean Heller decided the petitions fell short of the
number of signatures to require the Legislature to act. But U.S.
District Judge James Mahan on Jan. 28 overturned Heller and ordered
lawmakers to consider them.

Buffy Martin, government relations director for the Nevada branch of
the American Cancer Society, said she didn't expect the committee to
vote on IP1.

"We've been struggling to pass this for 16 years," she said, adding
that she thinks voters will approve IP1.

Two years ago, the committee failed to take a vote on a bill to
prohibit smoking on school grounds and in grocery stores and
restaurants, although two-thirds of voters in Clark and Washoe
counties requested the ban in advisory questions.

A third initiative petition will be heard in Assembly Judiciary on
Thursday. The petition would legalize possession and use of one ounce
of marijuana by those over 21 years old, among other things.

Assembly Speaker Richard Perkins, D-Henderson, has spoken out against
the petition since the opening day of the legislative session and says
he will "use every bit of influence I have to make sure it doesn't
pass." Perkins, a Henderson police officer who said he's seen his fair
share of suspects under the influence of drugs, said he expects to
testify against the bill Thursday.

Perkins held a press conference Wednesday with other police to voice
concerns over the initiative.

"We do know marijuana is a gateway drug," said Douglas County Sheriff
Ron Pierini, who is also the president of the Nevada Sheriffs and
Chiefs Association. "We just don't need to condone the social problems." 
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MAP posted-by: Richard Lake