Senate Bill No. 33

Senate Bill No. 33-Senators Adler, James, McGinness, Porter, Titus, Townsend and Wiener

January 27, 1997
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Referred to Committee on Judiciary

SUMMARY--Prohibits minors from purchasing, possessing or using tobacco products. (BDR 15-388)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to tobacco; prohibiting minors from purchasing, possessing or using tobacco products; 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:

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Section 1 Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a child under the age of 18 years who:
(a) Purchases, possesses or uses cigarettes, cigarette paper, tobacco of any description or products made from tobacco; or
(b) Falsely represents that he is 18 years of age or older for the purpose of purchasing or obtaining cigarettes, cigarette paper, tobacco of any description or products made from tobacco,
commits a delinquent act.
2. A child under the age of 18 years does not commit a violation of subsection 1 if he:
(a) Purchases or possesses cigarettes, cigarette paper, tobacco of any description or products made from tobacco while assisting in an inspection performed pursuant to NRS 202.2496; or
(b) Handles or transports cigarettes, cigarette paper, tobacco of any description or products made from tobacco in the course of his lawful employment. Sec. 2. NRS 202.2485 is hereby amended to read as follows:
202.2485 As used in NRS 202.2485 to 202.2497, inclusive [:] , and section 1 of this act:
1. "Distribute" includes furnishing, giving away or providing products made from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.
2. "Health authority" means the district health officer in a district, or his designee, or, if none, the state health officer, or his designee.
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.