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Assembly Bill No. 74–Assemblymen Berman,
Carpenter and Gibbons

 

February 9, 2001

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Referred to Committee on Commerce and Labor

 

SUMMARY—Prohibits employment of children under 16 years of age in certain activities relating to commercial sales or distribution. (BDR 53‑659)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to children; prohibiting the employment of children under 16 years of age in certain activities relating to commercial sales or distribution; 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 609 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  Except as otherwise provided in this section, no child under the

1-4  age of 16 years may be employed, permitted or required to work in any

1-5  capacity in connection with:

1-6    (a) The distribution of any advertisements or other literature; or

1-7    (b) The solicitation for sale or selling of any product, good or
service,

1-8  from a vehicle or at a residence, place of business or public place,

1-9  including, without limitation, a street corner, parking lot, median of a

1-10  roadway, or facility for public transportation, sporting events or the

1-11  performing arts.

1-12    2.  Subsection 1 does not apply to:

1-13    (a) The delivery of newspapers to the residence or place of business of

1-14  a subscriber.

1-15    (b) The employment of a child by a retail establishment at a fixed

1-16  place of business in compliance with the provisions of the Fair Labor

1-17  Standards Act of 1938, 29 U.S.C. §§ 201 et seq.

1-18    (c) The activities of a child who voluntarily and without compensation

1-19  acts on behalf of a nonprofit organization or public school.

2-1    3.  The labor commissioner may, if he determines that a specific

2-2  activity would not endanger the health or welfare of a child under the

2-3  age of 16 years, exempt the activity from the provisions of subsection 1.

2-4  Such an exemption must be set forth in writing.

2-5    Sec. 2.  NRS 609.270 is hereby amended to read as follows:

2-6    609.270  Except as otherwise provided in NRS 609.190 to 609.260,

2-7  inclusive, and section 1 of this act, whoever employs any child, and

2-8  whoever, having under his control as parent, guardian or otherwise, any

2-9  child, permits or suffers any child to be employed or to work in violation of

2-10  any of the provisions of NRS 609.190 to 609.260, inclusive, [shall be] or

2-11  section 1 of this act, is guilty of a misdemeanor.

2-12    Sec. 3.  The amendatory provisions of this act do not apply to offenses

2-13  that were committed before the effective date of this act.

2-14    Sec. 4.  This act becomes effective upon passage and approval.

 

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