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Saturday, January 28, 2006

McGinness says he'll introduce underage smoking bill draft



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Sen. Mike McGinness, R-Fallon, told the Churchill County School District Board of Trustees Thursday he will introduce a bill draft request at the Nevada Legislature that would change current law so cities and counties could make underage smoking illegal.

The senator's offer came during a discussion about an area near Churchill County High School dubbed "Smoker's Corner," where students meet to smoke before and after school and during breaks between classes.

Nevada law makes it illegal to sell tobacco products to anyone under the age of 18 but there is no law that makes possession of those products by minors illegal.

McGinness said the Legislature addressed the issue three sessions ago. A bill passed the Senate but died in the Assembly.

Lawmakers have been reluctant to give up control of the smoking issue to individual cities or counties, he said.

"There are a lot of politics involved in smoking in Nevada, hence the power to keep it in the Legislature," the senator said at Thursday's school board meeting. "The major industry in this state likes people to gamble and drink and smoke at the same time.

"I would be more than happy, if this school district requests it, to introduce a bill draft to address this situation ... If you're serious, I'll do it tomorrow."

The high school smoking issue has been discussed by the school board several times since Smoker's Corner was opened in 1997 through a joint agreement between the city of Fallon, school district and the owner of Cock 'N Bull Restaurant.

The 20-foot-by-40-foot area is on restaurant property on the school's eastern boundary. The business owner is protected from any liability claims on the land. Liability insurance is shared between the city and school district.

Smoker's Corner was approved by the city and school district to address a growing problem with teens blocking traffic and sidewalks on Merton Drive to smoke near school grounds.

Fallon Police Chief Russ Brooks urged the board to leave the gathering area intact. He said if the board decides to disband the smoking area, the problems will return.

"To close it would only displace those using it back into the roadway and in harm's way," Brooks said.

He said police spent much of their time in the past responding to complaints from residents near the high school and motorists. Brooks said large crowds of smokers often blocked sidewalks, forcing elementary school children on their way to Lahontan Elementary School into the street.

Brooks said officers had started issuing citations to students before Smoker's Corner was built.

"It was an attempt to mitigate problems between neighbors and motorists and it has done that," said Brooks. "It has saved us a tremendous amount of manpower. Personally, I don't want to go back to that. It alienates kids from law enforcement."

CCHS Principal John Riley noted that state law prohibits students from bringing matches, lighters or incendiary devices to school but pupils aren't searched for the contraband.

"We know they smoke on the corner and probably have possession those things but we don't search them. They could move to this area without school personnel seeing those things," Riley said.

He added he saw a student once light up 50 yards from the actual smoking area.

The school district has a policy that prohibits tobacco use on any school property or in school district vehicles. It applies to school employees, students and community groups who use school property in the evenings and weekends, as well as at sporting events.

"If they have cigarettes they must have been carrying them on school property," said Trustee Dave Ash.

Board Chairwoman Debbie Smith said all 17 Nevada school districts need to join and pressure the Legislature to ban underage possession of tobacco.

"We need to do the right thing and go all the way," she said. "It's illegal for anyone under 21 to drink and we don't have drinker's corner. We have to make it illegal and need to go to the Legislature. We, as a community, need to go."

Marlene Garcia can be contacted at mgarcia@lahontanvalleynews.com


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