REQUIRES TWO THIRDS MAJORITY VOTE (§ 3)                 

                  (REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

February 9, 2001

____________

 

Referred to Committee on Commerce and Labor

 

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

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

~

 

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; 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:

 

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

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  1.  Except as otherwise provided in this section, no child

1-4  under the age of 16 years may be employed, permitted or required to

1-5  work in any capacity, including, without limitation, as an independent

1-6  contractor, in connection with the solicitation for sale or selling of any

1-7  product, good or service from a vehicle or at a residence, place of

1-8  business or public place, including, without limitation, a street corner,

1-9  parking lot, median of a roadway, or facility for public transportation,

1-10  sporting events or the performing arts.

1-11    2.  Subsection 1 does not apply to:

1-12    (a) The solicitation of subscriptions for newspapers at any location or

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

1-14  subscriber.

1-15    (b) The solicitation for sale or selling of any product, good or service

1-16  by one or more children under the age of 16 years acting solely on their

1-17  own behalf.

1-18    (c) The employment of a child by a retail establishment at a fixed

1-19  place of business in compliance with the provisions of the Fair Labor

1-20  Standards Act of 1938, 29 U.S.C. §§ 201 et seq.

1-21    (d) The employment of a child by his parent or guardian.

2-1    (e) The activities of a child who voluntarily and without any personal

2-2  remuneration acts on behalf of:

2-3       (1) A nonprofit organization that is exempt from taxation pursuant

2-4  to 26 U.S.C. § 501(c)(3);

2-5       (2) A public or charter school in this state; or

2-6       (3) A private school licensed pursuant to chapter 394 of
NRS.

2-7  This subsection does not authorize any child to be employed, permitted or

2-8  required to work in violation of any prohibition imposed pursuant to any

2-9  other provision of this chapter.

2-10    Sec. 3.  A person who knowingly employs, permits or requires a child

2-11  to work in violation of section 2 of this act is liable, in addition to any

2-12  other penalty or remedy that may be provided by law, for a civil penalty

2-13  of not more than $2,500 for each such violation, which may be recovered

2-14  in a civil action brought by the labor commissioner. All money collected

2-15  as civil penalties pursuant to this section must be deposited in the state

2-16  general fund.

2-17    Sec. 4.  NRS 609.270 is hereby amended to read as follows:

2-18    609.270  Except as otherwise provided in NRS 609.190 to 609.260,

2-19  inclusive, and section 2 of this act, whoever employs any child, and

2-20  whoever, having under his control as parent, guardian or otherwise, any

2-21  child, permits or suffers any child to be employed or to work in violation of

2-22  any of the provisions of NRS 609.190 to 609.260, inclusive, [shall be] or

2-23  section 2 of this act, is guilty of a misdemeanor.

2-24    Sec. 5.  The amendatory provisions of this act do not apply to offenses

2-25  that were committed before the effective date of this act.

2-26    Sec. 6.  This act becomes effective upon passage and approval.

 

2-27  H