Assembly Bill No. 549–Committee on Judiciary

(On Behalf of Attorney General)

March 15, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning tobacco products. (BDR 15-1372)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to tobacco; prohibiting a person from selling certain products that resemble products made from tobacco; prohibiting a person from selling cigarettes in packages that contain fewer than 20 cigarettes; revising the limitations on the public areas in which cigarette vending machines may be placed; providing that a minor who purchases, possesses or uses tobacco products, or falsely represents his age to purchase tobacco products, is in need of supervision and care or rehabilitation; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 202 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. A person shall not distribute, sell or offer for sale in this state a

1-4 product that is not made from tobacco if it or its packaging resembles or

1-5 is designed or intended to imitate a product made from tobacco,

1-6 including, without limitation, chewing gum in the shape of a cigar and

1-7 candy in the shape of a cigarette.

1-8 2. A person who violates the provisions of this section is guilty of a

1-9 misdemeanor.

1-10 Sec. 2. NRS 202.2485 is hereby amended to read as follows:

1-11 202.2485 As used in NRS 202.2485 to 202.2497, inclusive [:] , and

1-12 section 1 of this act, unless the context otherwise requires:

2-1 1. "Distribute" includes furnishing, giving away or providing products

2-2 made from tobacco or samples thereof at no cost to promote the product,

2-3 whether or not in combination with a sale.

2-4 2. "Health authority" means the district health officer in a district, or

2-5 his designee, or, if none, the state health officer, or his designee.

2-6 Sec. 3. NRS 202.2493 is hereby amended to read as follows:

2-7 202.2493 1. A person shall not sell, distribute or offer to sell

2-8 cigarettes or smokeless products made from tobacco in any form other than

2-9 in an unopened package which originated with the manufacturer and bears

2-10 any health warning required by federal law [.] and which, if it is a package

2-11 of cigarettes, contains at least 20 cigarettes. A person who violates this

2-12 subsection shall be punished by a fine of $100 and a civil penalty of $100.

2-13 2. Except as otherwise provided in subsections 3, 4 and 5, it is

2-14 unlawful for any person to sell, distribute or offer to sell cigarettes,

2-15 cigarette paper, tobacco of any description or products made from tobacco

2-16 to any child under the age of 18 years. A person who violates this

2-17 subsection shall be punished by a fine of not more than $500 and a civil

2-18 penalty of not more than $500.

2-19 3. A person shall be deemed to be in compliance with the provisions of

2-20 subsection 2 if, before he sells, distributes or offers to sell to another,

2-21 cigarettes, cigarette paper, tobacco of any description or products made

2-22 from tobacco, he:

2-23 (a) Demands that the person present a valid driver’s license or other

2-24 written or documentary evidence which shows that the person is 18 years

2-25 of age or older;

2-26 (b) Is presented a valid driver’s license or other written or documentary

2-27 evidence which shows that the person is 18 years of age or older; and

2-28 (c) Reasonably relies upon the driver’s license or written or

2-29 documentary evidence presented by the person.

2-30 4. The employer of a child who is under 18 years of age may, for the

2-31 purpose of allowing the child to handle or transport tobacco or products

2-32 made from tobacco in the course of the child’s lawful employment,

2-33 provide tobacco or products made from tobacco to the child.

2-34 5. With respect to any sale made by his employee, the owner of a retail

2-35 establishment shall be deemed to be in compliance with the provisions of

2-36 subsection 2 if he:

2-37 (a) Had no actual knowledge of the sale; and

2-38 (b) Establishes and carries out a continuing program of training for his

2-39 employees which is reasonably designed to prevent violations of

2-40 subsection 2.

2-41 6. Any money recovered pursuant to this section as a civil penalty

2-42 must be deposited in a separate account in the state general fund to be used

2-43 for the enforcement of this section and NRS 202.2494.

3-1 Sec. 4. NRS 202.2494 is hereby amended to read as follows:

3-2 202.2494 1. A cigarette vending machine must not be placed in a

3-3 public area [described in paragraph (a), (c), (e), (f), (g) or (h) of subsection

3-4 1 of NRS 202.2491,] if minors are permitted [access] to loiter in that area.

3-5 2. A coin-operated vending machine containing cigarettes must not be

3-6 used to dispense any product not made from tobacco.

3-7 Sec. 5. Chapter 62 of NRS is hereby amended by adding thereto a

3-8 new section to read as follows:

3-9 1. Except as otherwise provided in subsection 3, a child under the

3-10 age of 18 years who:

3-11 (a) Purchases, possesses or uses cigarettes, cigarette paper, tobacco of

3-12 any description or products made from tobacco; or

3-13 (b) Falsely represents that he is 18 years of age or older to purchase

3-14 or obtain cigarettes, cigarette paper, tobacco of any description or

3-15 products made from tobacco,

3-16 is a child in need of supervision and care or rehabilitation as provided in

3-17 subparagraph (2) of paragraph (a) of subsection 1 of NRS 62.040.

3-18 2. If a child is found to be in need of supervision and care or

3-19 rehabilitation pursuant to subsection 1, in addition to any other action

3-20 ordered pursuant to the provisions of this chapter, the court shall impose

3-21 a fine of not more than $100 pursuant to paragraph (l) of subsection 1 of

3-22 NRS 62.211 and an administrative assessment pursuant to NRS 62.223.

3-23 3. The provisions of subsection 1 do not apply to a child under the

3-24 age of 18 years who:

3-25 (a) Purchases or possesses cigarettes, cigarette paper, tobacco of any

3-26 description or products made from tobacco while assisting in an

3-27 inspection performed pursuant to NRS 202.2496; or

3-28 (b) Handles or transports cigarettes, cigarette paper, tobacco of any

3-29 description or products made from tobacco in the course of his lawful

3-30 employment.

3-31 Sec. 6. NRS 62.040 is hereby amended to read as follows:

3-32 62.040 1. Except if the child involved is subject to the exclusive

3-33 jurisdiction of an Indian tribe, and except as otherwise provided in this

3-34 chapter, the court has exclusive original jurisdiction in proceedings:

3-35 (a) Concerning any child living or found within the county who is in

3-36 need of supervision because he:

3-37 (1) Is a child who is subject to compulsory school attendance and is a

3-38 habitual truant from school;

3-39 (2) Purchases, possesses or uses cigarettes, cigarette paper, tobacco

3-40 of any description or products made from tobacco, or falsely represents

3-41 that he is 18 years of age or older to purchase or obtain cigarettes,

3-42 cigarette paper, tobacco of any description or products made from

3-43 tobacco, as provided in subsection 1 of section 5 of this act;

4-1 (3) Habitually disobeys the reasonable and lawful demands of his

4-2 parents, guardian or other custodian, and is unmanageable; or

4-3 [(3)] (4) Deserts, abandons or runs away from his home or usual

4-4 place of abode,

4-5 and is in need of care or rehabilitation. The child must not be considered a

4-6 delinquent.

4-7 (b) Concerning any child living or found within the county who has

4-8 committed a delinquent act. A child commits a delinquent act if he violates

4-9 a county or municipal ordinance or any rule or regulation having the force

4-10 of law, or he commits an act designated a crime under the law of the State

4-11 of Nevada.

4-12 (c) Concerning any child in need of commitment to an institution for

4-13 the mentally retarded.

4-14 2. For the purposes of subsection 1, each of the following acts shall be

4-15 deemed not to be a delinquent act, and the court does not have jurisdiction

4-16 of a person who is charged with committing such an act:

4-17 (a) Murder or attempted murder and any other related offense arising

4-18 out of the same facts as the murder or attempted murder, regardless of the

4-19 nature of the related offense.

4-20 (b) Sexual assault or attempted sexual assault involving the use or

4-21 threatened use of force or violence against the victim and any other related

4-22 offense arising out of the same facts as the sexual assault or attempted

4-23 sexual assault, regardless of the nature of the related offense, if:

4-24 (1) The person was 16 years of age or older when the sexual assault

4-25 or attempted sexual assault was committed; and

4-26 (2) Before the sexual assault or attempted sexual assault was

4-27 committed, the person previously had been adjudicated delinquent for an

4-28 act that would have been a felony if committed by an adult.

4-29 (c) An offense or attempted offense involving the use or threatened use

4-30 of a firearm and any other related offense arising out of the same facts as

4-31 the offense or attempted offense involving the use or threatened use of a

4-32 firearm, regardless of the nature of the related offense, if:

4-33 (1) The person was 16 years of age or older when the offense or

4-34 attempted offense involving the use or threatened use of a firearm was

4-35 committed; and

4-36 (2) Before the offense or attempted offense involving the use or

4-37 threatened use of a firearm was committed, the person previously had been

4-38 adjudicated delinquent for an act that would have been a felony if

4-39 committed by an adult.

4-40 (d) Any other offense if, before the offense was committed, the person

4-41 previously had been convicted of a criminal offense.

5-1 3. If a child is charged with a minor traffic offense, the court may

5-2 transfer the case and record to a justice’s or municipal court if the judge

5-3 determines that it is in the best interest of the child. If a case is so

5-4 transferred:

5-5 (a) The restrictions set forth in subsection 4 of NRS 62.170 are

5-6 applicable in those proceedings; and

5-7 (b) The child must be accompanied at all proceedings by a parent or

5-8 legal guardian.

5-9 With the consent of the judge of the juvenile division, the case may be

5-10 transferred back to the juvenile court.

5-11 Sec. 7. NRS 62.132 is hereby amended to read as follows:

5-12 62.132 1. Except as otherwise provided in subsection 2, in addition

5-13 to the information required pursuant to NRS 62.130, a petition alleging

5-14 that a child is in need of supervision must contain a list of the local

5-15 programs to which the child was referred, and other efforts taken in the

5-16 community, to modify the child’s behavior. Except as otherwise provided

5-17 in subsection 2, no court may decree that a child is in need of supervision

5-18 unless it expressly finds that reasonable efforts were taken in the

5-19 community to assist the child in ceasing the behavior for which he is

5-20 alleged to be in need of supervision.

5-21 2. The provisions of this section do not apply to [a] :

5-22 (a) A child alleged to be in need of supervision because he is a habitual

5-23 truant [.] ; or

5-24 (b) A child alleged to be in need of supervision pursuant to section 5

5-25 of this act.

5-26 Sec. 8. NRS 62.211 is hereby amended to read as follows:

5-27 62.211 1. Except as otherwise provided in NRS 62.212, 62.224 and

5-28 62.2245 [,] and section 5 of this act, if the court finds that a child is within

5-29 the purview of this chapter it shall so decree and may:

5-30 (a) Place the child under supervision in his own home or in the custody

5-31 of a suitable person elsewhere, upon such conditions as the court may

5-32 determine. A program of supervision in the home may include electronic

5-33 surveillance of the child. The legislature declares that a program of

5-34 supervision that includes electronic surveillance is intended as an

5-35 alternative to commitment and not as an alternative to probation, informal

5-36 supervision or a supervision and consent decree.

5-37 (b) Commit the child to the custody of a public or private institution or

5-38 agency authorized to care for children, or place him in a home with a

5-39 family. In committing a child to a private institution or agency the court

5-40 shall select one that is required to be licensed by the department of human

5-41 resources to care for such children, or, if the institution or agency is in

5-42 another state, by the analogous department of that state. The court shall not

5-43 commit a female child to a private institution without prior approval of the

6-1 superintendent of the Caliente youth center, and shall not commit a male

6-2 child to a private institution without prior approval of the superintendent of

6-3 the Nevada youth training center.

6-4 (c) Order such medical, psychiatric, psychological or other care and

6-5 treatment as the court deems to be for the best interests of the child, except

6-6 as otherwise provided in this section.

6-7 (d) Order the parent, guardian, custodian or any other person to refrain

6-8 from continuing the conduct which, in the opinion of the court, has caused

6-9 or tended to cause the child to come within or remain under the provisions

6-10 of this chapter.

6-11 (e) If the child is less than 18 years of age, order:

6-12 (1) The parent, guardian or custodian of the child; and

6-13 (2) Any brother, sister or other person who is living in the same

6-14 household as the child over whom the court has jurisdiction,

6-15 to attend or participate in counseling, with or without the child, including,

6-16 but not limited to, counseling regarding parenting skills, alcohol or

6-17 substance abuse, or techniques of dispute resolution.

6-18 (f) Order the parent or guardian of the child to participate in a program

6-19 designed to provide restitution to the victim of an act committed by the

6-20 child or to perform public service.

6-21 (g) Order the parent or guardian of the child to pay all or part of the cost

6-22 of the proceedings, including, but not limited to, reasonable attorney’s

6-23 fees, any costs incurred by the court and any costs incurred in the

6-24 investigation of an act committed by the child and the taking into custody

6-25 of the child.

6-26 (h) Order the suspension of the child’s driver’s license for at least 90

6-27 days but not more than 2 years. If the child does not possess a driver’s

6-28 license, the court may prohibit the child from receiving a driver’s license

6-29 for at least 90 days but not more than 2 years:

6-30 (1) Immediately following the date of the order, if the child is eligible

6-31 to receive a driver’s license.

6-32 (2) After the date he becomes eligible to apply for a driver’s license,

6-33 if the child is not eligible to receive a license on the date of the order.

6-34 If the court issues an order suspending the driver’s license of a child

6-35 pursuant to this paragraph, the judge shall require the child to surrender to

6-36 the court all driver’s licenses then held by the child. The court shall, within

6-37 5 days after issuing the order, forward to the department of motor vehicles

6-38 and public safety the licenses, together with a copy of the order. If,

6-39 pursuant to this paragraph, the court issues an order delaying the ability of

6-40 a child to receive a driver’s license, the court shall, within 5 days after

6-41 issuing the order, forward to the department of motor vehicles and public

6-42 safety a copy of the order. The department of motor vehicles and public

6-43 safety shall report a suspension pursuant to this paragraph to an insurance

7-1 company or its agent inquiring about the child’s driving record, but such a

7-2 suspension must not be considered for the purpose of rating or

7-3 underwriting. The department of motor vehicles and public safety shall not

7-4 require the child to submit to the tests and other requirements which are

7-5 adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

7-6 condition of reinstatement or reissuance after a suspension of his license

7-7 pursuant to this paragraph, unless the suspension resulted from his poor

7-8 performance as a driver.

7-9 (i) Place the child, when he is not in school, under the supervision of:

7-10 (1) A public organization to work on public projects;

7-11 (2) A public agency to work on projects to eradicate graffiti; or

7-12 (3) A private nonprofit organization to perform other public
7-13 service.

7-14 The person under whose supervision the child is placed shall keep the child

7-15 busy and well supervised and shall make such reports to the court as it may

7-16 require. As a condition of such a placement, the court may require the

7-17 child or his parent or guardian to deposit with the court a reasonable sum

7-18 of money to pay for the cost of policies of insurance against liability for

7-19 personal injury and damage to property or for industrial insurance, or both,

7-20 during those periods in which he performs the work, unless, in the case of

7-21 industrial insurance, it is provided by the organization or agency for which

7-22 he performs the work.

7-23 (j) Permit the child to reside in a residence without the immediate

7-24 supervision of an adult, or exempt the child from mandatory attendance at

7-25 school so that the child may be employed full time, or both, if the child is

7-26 at least 16 years of age, has demonstrated the capacity to benefit from this

7-27 placement or exemption and is under the strict supervision of the juvenile

7-28 division.

7-29 (k) Require the child to provide restitution to the victim of the crime

7-30 which the child has committed.

7-31 (l) Impose a fine on the child. If a fine is imposed, the court shall

7-32 impose an administrative assessment pursuant to NRS 62.223.

7-33 (m) If the child has not previously been found to be within the purview

7-34 of this chapter and if the act for which the child is found to be within the

7-35 purview of this chapter did not involve the use or threatened use of force or

7-36 violence, order the child to participate in a publicly or privately operated

7-37 program of sports or physical fitness. If the court orders the child to

7-38 participate in such a program, the court may order any or all of the

7-39 following, in the following order of priority if practicable:

7-40 (1) The parent or guardian of the child, to the extent of his financial

7-41 ability, to pay the costs associated with the participation of the child in the

7-42 program, including, but not limited to, a reasonable sum of money to pay

8-1 for the cost of policies of insurance against liability for personal injury and

8-2 damage to property during those periods in which the child participates in

8-3 the program;

8-4 (2) The child to work on projects or perform public service pursuant

8-5 to paragraph (i) for a period that reflects the costs associated with the

8-6 participation of the child in the program; or

8-7 (3) The county in which the petition alleging the child to be

8-8 delinquent or in need of supervision is filed to pay the costs associated

8-9 with the participation of the child in the program.

8-10 2. If the court finds that a child who is less than 17 years of age has

8-11 committed a delinquent act, the court may order the parent or guardian of

8-12 the child to pay any fines and penalties imposed for the delinquent act. If

8-13 the parent or guardian is unable to pay the fines and penalties imposed

8-14 because of financial hardship, the court may require the parent or guardian

8-15 to perform community service.

8-16 3. In determining the appropriate disposition of a case concerning a

8-17 child found to be within the purview of this chapter, the court shall

8-18 consider whether the act committed by the child involved the use of a

8-19 firearm or the use or threatened use of force or violence against the victim

8-20 of the act and whether the child is a serious or chronic offender. If the

8-21 court finds that the act committed by the child involved the use of a

8-22 firearm or the use or threatened use of force or violence against the victim

8-23 or that the child is a serious or chronic offender, the court shall include the

8-24 finding in its order and may, in addition to the options set forth in

8-25 subsections 1 and 2 of this section and NRS 62.213:

8-26 (a) Commit the child for confinement in a secure facility, including a

8-27 facility which is secured by its staff.

8-28 (b) Impose any other punitive measures the court determines to be in

8-29 the best interests of the public or the child.

8-30 4. Except as otherwise provided in NRS 62.455 and 62.570, at any

8-31 time, either on its own volition or for good cause shown, the court may

8-32 terminate its jurisdiction concerning the child.

8-33 5. Whenever the court commits a child to any institution or agency

8-34 pursuant to this section or NRS 62.213, it shall transmit a summary of its

8-35 information concerning the child and order the administrator of the school

8-36 that the child last attended to transmit a copy of the child’s educational

8-37 records to the institution or agency. The institution or agency shall give to

8-38 the court any information concerning the child that the court may require.

8-39 6. In determining whether to place a child pursuant to this section in

8-40 the custody of a person other than his parent, guardian or custodian,

8-41 preference must be given to any person related within the third degree of

8-42 consanguinity to the child whom the court finds suitable and able to

8-43 provide proper care and guidance for the child.

9-1 Sec. 9. NRS 62.212 is hereby amended to read as follows:

9-2 62.212 1. Except as otherwise provided in subsection 3, if the court

9-3 finds that a child is within the purview of paragraph (a) of subsection 1 of

9-4 NRS 62.040 and has not previously been the subject of a complaint under

9-5 NRS 62.128 before committing the acts for which the petition was filed,

9-6 the court shall:

9-7 (a) Admonish the child to obey the law and to refrain from repeating the

9-8 acts for which the petition was filed, and maintain a record of the

9-9 admonition; and

9-10 (b) Refer the child, without adjudication, to services available in
9-11 the community for counseling, behavioral modification and social

9-12 adjustment.

9-13 Except as otherwise provided in subsection 3, a child must not be

9-14 adjudicated to be a child in need of supervision unless a subsequent

9-15 petition based upon additional facts is filed with the court after admonition

9-16 and referral pursuant to this subsection.

9-17 2. A child who is:

9-18 (a) Less than 12 years of age must not be committed to or otherwise

9-19 placed in the Nevada youth training center or the Caliente youth center.

9-20 (b) Not adjudicated to be delinquent must not be committed to or

9-21 otherwise placed in the Nevada youth training center, the Caliente youth

9-22 center or any other facility that provides correctional care.

9-23 3. The provisions of subsection 1 do not apply to [a] :

9-24 (a) A child alleged to be in need of supervision because he is a habitual

9-25 truant [.] ; or

9-26 (b) A child alleged to be in need of supervision pursuant to section 5

9-27 of this act.

9-28 Sec. 10. The amendatory provisions of sections 1 to 4, inclusive, of

9-29 this act do not apply to offenses that were committed before October 1,

9-30 1999.

9-31 Sec. 11. The amendatory provisions of sections 5 to 9, inclusive, of

9-32 this act do not apply to:

9-33 1. The purchase, possession or use of cigarettes, cigarette paper,

9-34 tobacco of any description or products made from tobacco by a child who

9-35 is under 18 years of age; or

9-36 2. A false representation made by a child who is under 18 years of age

9-37 to purchase or obtain cigarettes, cigarette paper, tobacco of any description

9-38 or products made from tobacco,

9-39 that occurred before October 1, 1999.

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