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

 

CHAPTER..........

 

AN ACT relating to children; requiring the labor commissioner to adopt regulations prohibiting the employment of children under 16 years of age in certain activities relating to commercial sales; providing civil and criminal penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 609 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 and 3 of this act.

   Sec. 2.  1.  Except as otherwise provided in subsection 2, the labor

commissioner shall adopt regulations prohibiting the employment of a

child under the age of 16 years in connection with the solicitation for

sale or selling of any product, good or service at any time or place or in

any manner the labor commissioner determines to be dangerous to the

health or welfare of such a child.

   2.  The labor commissioner shall not prohibit the employment of a

child under the age of 16 years in connection with the solicitation for

sale or selling of:

   (a) Any product, good or service in a county whose population is less

than 100,000; or

   (b) Any agricultural product at a fixed location directly to consumers

and not for resale.

This subsection does not authorize the employment of a child in violation

of a specific statute.

   3.  No child under the age of 16 years may be employed, permitted or

required to work in any capacity, including, without limitation, as an

independent contractor, in connection with the solicitation for sale or

selling of any product, good or service at any time or place or in any

manner prohibited by the labor commissioner pursuant to subsection 1.

   Sec. 3.  A person who knowingly employs, permits or requires a child

to work in violation of section 2 of this act is liable, in addition to any

other penalty or remedy that may be provided by law, for a civil penalty

of not more than $2,500 for each such violation, which may be recovered

in a civil action brought by the labor commissioner. All money collected

as civil penalties pursuant to this section must be deposited in the state

general fund.

   Sec. 4.  NRS 609.200 is hereby amended to read as follows:

   609.200  [The] Except as otherwise provided in section 2 of this act,

the labor commissioner may[, from time to time,] determine whether or

not any particular trade, process of manufacture[,] or occupation, or any

particular method of carrying on such trade, process of manufacture or

occupation is sufficiently dangerous to the lives or limbs, or injurious to

the health or morals, of minors under 16 years of age employed therein to

justify their exclusion therefrom, and may prohibit their employment

therein.

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

   609.270  Except as otherwise provided in NRS 609.190 to 609.260,

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

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

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

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

section 2 of this act, is guilty of a misdemeanor.

   Sec. 6.  The amendatory provisions of this act do not apply to offenses

that were committed before the effective date of this act.

   Sec. 7.  This act becomes effective upon passage and approval.

 

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