2001 REGULAR SESSION (71st)                                                                              A AB74 100

Amendment No. 100

 

Assembly Amendment to Assembly Bill No. 74                                                                  (BDR 53‑659)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will add a 2/3s majority vote requirement for final passage of AB74 (§ 3).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by deleting section 1, renumbering sections 2 through 4 as sections 4 through 6 and adding new sections designated sections 1 through 3, following the enacting clause, to read 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 this section, 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 from a vehicle or at a residence, place of business or public place, including, without limitation, a street corner, parking lot, median of a roadway, or facility for public transportation, sporting events or the performing arts.

     2.  Subsection 1 does not apply to:

     (a) The solicitation of subscriptions for newspapers at any location or the delivery of newspapers to the residence or place of business of a subscriber.

     (b) The solicitation for sale or selling of any product, good or service by one or more children under the age of 16 years acting solely on their own behalf.

     (c) The employment of a child by a retail establishment at a fixed place of business in compliance with the provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq.

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

     (e) The activities of a child who voluntarily and without any personal remuneration acts on behalf of:

          (1) A nonprofit organization that is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3);

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

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

FLUSH

 
This subsection does not authorize any child to be employed, permitted or required to work in violation of any prohibition imposed pursuant to any other provision of this chapter.

     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.”.

     Amend sec. 2, page 2, line 7, by deleting “1” and inserting “2”.

     Amend sec. 2, page 2, line 11, by deleting “1” and inserting “2”.

     Amend the title of the bill by deleting the second line and inserting:

“certain activities relating to commercial sales; providing civil and criminal penalties;”.

     Amend the summary of the bill to read as follows:

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