(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Senate Bill No. 33-Senators Adler, James, McGinness, Porter, Titus, Townsend and Wiener
January 27, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Makes various changes to provisions relating to possession and use of tobacco products by minors and advertising of tobacco products near schools. (BDR 5-388)
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 a minor from possessing or using tobacco products on school property; providing that a minor who engages in such conduct is a child in need of supervision and care or rehabilitation; requiring a minor who engages in such conduct to pay a fine or perform community service; requiring such a minor to attend a class designed to discourage the use of tobacco products for a first or second occurrence; requiring the driver's license of such a minor to be suspended for not less than 1 year for a third or subsequent occurrence; authorizing school police officers and other peace officers to issue a citation to such a minor in certain circumstances; prohibiting certain outdoor advertisements for tobacco products near schools; requiring the health division of the department of human resources to study the factors that contribute to the use of tobacco products by minors; providing penalties; 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 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A child under 18 years of age shall not possess or use cigarettes, cigarette paper, tobacco of any description or products made from tobacco on a school bus or on school property. A child under 18 years of age who engages in such conduct is a child in need of supervision and care or rehabilitation as provided in paragraph (a) of subsection 1 of NRS 62.040.
Sec. 3. 1. If a child is found to be in need of supervision and care or rehabilitation pursuant to section 2 of this act, in addition to any action ordered pursuant to the provisions of this chapter, the court shall:
(a) The first time the child is found to be in need of supervision and care or rehabilitation pursuant to section 2 of this act:
(1) Impose a fine of $50 on the child pursuant to paragraph (l) of subsection 1 of NRS 62.211 or require the child to perform community service in the manner provided pursuant to subsection 3, or both; and
(2) Require the child to complete a class designed to discourage the use of tobacco products, if such a class is available in the county.
(b) The second time the child is found to be in need of supervision and care or rehabilitation pursuant to section 2 of this act:
(1) Impose a fine of $100 on the child pursuant to paragraph (l) of subsection 1 of NRS 62.211 or require the child to perform community service in the manner provided pursuant to subsection 3, or both; and
(2) Require the child to complete a class designed to discourage the use of tobacco products, if such a class is available in the county.
(c) The third or any subsequent time the child is found to be in need of supervision and care or rehabilitation pursuant to section 2 of this act, order the suspension of the driver's license of the child for a period not to exceed 1 year. If the child does not possess a driver's license, the court shall prohibit the child from applying for a driver's license for a period not to exceed 1 year:
(1) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.
If the child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver's license of a child pursuant to this paragraph, the court shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If the court issues an order pursuant to this paragraph delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements that are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph.
2. If a child is required to complete a class designed to discourage the use of tobacco products pursuant to this section, the court shall order the child or his parent or guardian to pay the costs of participation in the class. If the child and his parent or guardian are unable to pay the costs of participation in the class because of financial hardship, the court shall require the child to perform community service in a manner provided pursuant to subsection 3.
3. If a child is required to perform community service pursuant to this section, the community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of a policy for insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which the child performs the work.
4. On or before the fifth day of each month for the preceding month, the clerk of the court shall pay any money collected for fines imposed pursuant to this section to the county treasurer. On or before the 15th day of that month, the county treasurer shall deposit the money in the county general fund for credit to a special account for the use of the juvenile court of the county or for services to juvenile offenders.
Sec. 4. NRS 62.040 is hereby amended to read as follows:
62.0401. Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;
(2) Possesses or uses cigarettes, cigarette paper, tobacco of any description or products made from tobacco as prohibited by section 2 of this act.
(3) Habitually disobeys the reasonable and lawful demands of his parents, guardian [,] or other custodian, and is unmanageable; or
[(3)] (4) Deserts, abandons or runs away from his home or usual place of abode,
and is in need of care or rehabilitation. The child must not be considered a delinquent.
(b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada.
(c) Concerning any child in need of commitment to an institution for the mentally retarded.
2. For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:
(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.
(b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and
(2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and
(2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(d) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.
3. If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice's or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:
(a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and
(b) The child must be accompanied at all proceedings by a parent or legal guardian.
With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.
Sec. 5. NRS 62.132 is hereby amended to read as follows:
62.132 [In]
1. Except as otherwise provided in subsection 2, in addition to the information required pursuant to NRS 62.130, a petition alleging that a child is in need of supervision must contain a list of the local programs to which the child was referred, and other efforts taken in the community, to modify the child's behavior. [No] Except as otherwise provided in subsection 2, a court may not decree that a child is in need of supervision unless it expressly finds that reasonable efforts were taken in the community to assist the child in ceasing the behavior for which he is alleged to be in need of supervision.
2. The provisions of subsection 1 are not applicable to a child alleged to be in need of supervision pursuant to section 2 of this act.
Sec. 6. NRS 62.175 is hereby amended to read as follows:
62.175 [Whenever any]
1. If a child is stopped by a peace officer for [any] a violation of a traffic law or an ordinance [which] that is punishable as a misdemeanor, the peace officer may prepare and issue a written traffic citation under the same criteria as would apply to an adult violator. If the child gives his written promise to appear in court by signing the citation, the officer shall deliver a copy of the citation to the child and shall not take him into physical custody for the violation.
2. If a child is detained by a peace officer for engaging in conduct prohibited by section 2 of this act, the peace officer may prepare and issue a written citation:
(a) Informing the child of the violation; and
(b) Notifying the child that he is subject to juvenile proceedings pursuant to this chapter.
If the child gives his written promise to appear for proceedings pursuant to this chapter by signing the citation, the officer shall deliver a copy of the citation to the child and shall not take him into physical custody for the violation. The officer shall provide a copy of the citation to the district attorney and the court. The citation shall be deemed to be a complaint pursuant to NRS 62.128 alleging that the child is in need of supervision.
Sec. 7. NRS 62.211 is hereby amended to read as follows:
62.2111. Except as otherwise provided in NRS 62.212 , [and] section 1 of Assembly Bill No. 39 of this session and section 2 of this act, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
(m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness. If the court orders the child to participate in such a program, the court may order any or all of the following, in the following order of priority if practicable:
(1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;
(2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or
(3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. Except as otherwise provided in section 7 of [the act,] Senate Bill No. 102 of this session, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 8. NRS 62.212 is hereby amended to read as follows:
62.2121. [If] Except as otherwise provided in subsection 3, if the court finds that a child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:
(a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and
(b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.
[A] Except as otherwise provided in subsection 3, a child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.
2. A child who is:
(a) Less than 12 years of age must not be committed to or otherwise placed in the Nevada youth training center or the Caliente youth center.
(b) Not adjudicated to be delinquent must not be committed to or otherwise placed in the Nevada youth training center, the Caliente youth center or any other facility that provides correctional care.
3. The provisions of subsection 2 are not applicable to a child alleged to be in need of supervision pursuant to section 2 of this act.
Sec. 9. NRS 62.385 is hereby amended to read as follows:
62.3851. When a child applies for a driver's license, the department of motor vehicles and public safety shall notify the child of the provisions of sections 2 and 3 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 and 62.228 and sections 2 and 3 of [this act.] Assembly Bill No. 176 of this session.
2. After providing the notice pursuant to subsection 1, the department shall require the child to sign an affidavit acknowledging that he is aware that his driver's license may be suspended pursuant to section 3 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228 or section 2 of [this act.] Assembly Bill No. 176 of this session.
Sec. 10. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 19, inclusive, of this act.
Sec. 11. The legislature hereby finds and declares that:
1. The Surgeon General of the United States has determined that the smoking of tobacco is the leading cause of preventable death in the United States, and that approximately 434,000 Americans and 2,000 residents of this state die each year of diseases attributable to the smoking of tobacco. The Centers for Disease Control and Prevention of the Department of Health and Human Services has determined that the State of Nevada ranked first in the United States during 1994 for the percentage of deaths attributable to the smoking of tobacco.
2. The Surgeon General of the United States has determined that approximately 3,000 children begin smoking tobacco each day. The Department of Health and Human Services, the Public Health Service, the National Institute for Health and the National Cancer Institute have determined that more than one-half of all persons who smoke tobacco begin smoking tobacco before 14 years of age, and that 90 percent of all persons who smoke tobacco begin smoking tobacco before 19 years of age. It is estimated that children spend approximately $1.5 billion on cigarettes and other products made from tobacco each year.
3. Cigarettes and other products made from tobacco are some of the most heavily advertised products in the United States. Such advertising creates an aura of glamour, intrigue and enticement for children, has a powerful and persuasive impact on their impressionable minds, and ultimately stimulates their desires to use cigarettes and other products made from tobacco before they are intellectually and emotionally capable of making an informed and rational decision about such use.
4. Outdoor advertising signs constitute a prominent and unique form of advertising. Because certain outdoor advertising signs are located near schools, children are unavoidably exposed to such signs simply by walking to school or engaging in activities on school grounds. Therefore, children are a captive audience to outdoor advertising signs located near schools and are repeatedly subjected to the unavoidable messages displayed on such signs, usually without the benefit of a parent or adult to help them assess the nature and the value of the messages.
5. This state has a compelling interest in protecting the physical and psychological welfare of children and in shielding their developing minds and bodies from the harmful influence of advertisements for cigarettes and other products made from tobacco. The children of this state are most vulnerable to the harmful influence of such advertisements when they are a captive audience while walking to school or engaging in activities on school grounds. To protect the children of this state in those areas where they are most likely to be a captive audience, it is necessary to prohibit advertisements for cigarettes and other products made from tobacco from being placed on outdoor advertising signs located near schools.
Sec. 12. "Distribute" includes, without limitation, 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.
Sec. 13. "Health authority" means the district health officer in a district, or his designee, or, if none, the state health officer, or his designee.
Sec. 14. "Outdoor advertising sign" means a sign or billboard that is:
1. Placed outdoors;
2. Affixed, temporarily or permanently, to the ground, a building, a structure or a freestanding support; and
3. Designed or intended to advertise, promote or direct attention to a business, commodity, service or form of entertainment or attraction.
Sec. 15. "Private school" has the meaning ascribed to it in NRS 394.103.
Sec. 16. "Public school" has the meaning ascribed to it in NRS 385.007.
Sec. 17. 1. Except as otherwise provided in subsection 3, a person shall not place an advertisement on an outdoor advertising sign or pay for or otherwise cause an advertisement to be placed on an outdoor advertising sign if:
(a) The advertisement advertises or promotes cigarettes, tobacco of any description or a product made from tobacco; and
(b) The outdoor advertising sign is located within 500 feet from the property line of a public school or private school and is visible from the public school or private school.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.
3. The provisions of this section do not apply to an outdoor advertising sign that is located on property on which a business:
(a) Manufactures cigarettes, tobacco of any description or a product made from tobacco; or
(b) Sells as its primary commodity cigarettes, tobacco of any description or products made from tobacco.
Sec. 18. 1. The attorney general or a district attorney may bring an action in the name of the State of Nevada to enjoin a violation of the provisions of section 17 of this act.
2. If the court finds that a violation of the provisions of section 17 has been committed, in addition to issuing an injunction and any other appropriate remedy, the court shall impose upon the person who committed the violation a civil penalty of not more than $1,000.
Sec. 19. Any money recovered pursuant to section 17 or 18 of this act as a civil penalty must be deposited in a separate account in the state general fund to be used for the enforcement of section 17 of this act.
Sec. 20. NRS 202.2485 is hereby amended to read as follows:
202.2485 As used in NRS 202.2485 to 202.2497, inclusive [:
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.] , and sections 11 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 12 to 16, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 21. NRS 202.249 is hereby amended to read as follows:
202.249 1. It is the public policy of the State of Nevada and the purpose of NRS 202.2491 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.
2. The quality of air is declared to be affected with the public interest and NRS 202.2491 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
3. Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491 and 202.2492. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493 and 202.2494 [.] and sections 2 and 17 of this act.
4. An agency, board, commission or political subdivision of this state, including any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491, 202.2492, 202.2493 and 202.2494 [.] and section 17 of this act.
Sec. 22. NRS 202.2491 is hereby amended to read as follows:
202.2491 1. Except as otherwise provided in subsections 5 and 6, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator.
(b) Public building.
(c) Public waiting room, lobby or hallway of any:
(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist, doctor of Oriental medicine or doctor of acupuncture.
(d) Hotel or motel when so designated by the operator thereof.
(e) Public area of a store principally devoted to the sale of food for human consumption off the premises, except in those areas leased to or operated by a person licensed pursuant to NRS 463.160.
(f) Child care facility.
(g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.
(h) School bus.
2. The person in control of an area listed in paragraph (c), (d), (e), (f) or (g) of subsection 1:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) May designate separate rooms or portions of the area which may be used for smoking.
3. The person in control of a public building:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.
A school district [which prohibits the use of tobacco by pupils] need not designate an area which may be used by the pupils to smoke.
4. The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.
5. A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.
6. The smoking of tobacco is not prohibited in:
(a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.
(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.
7. The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.
8. As used in this section:
(a) "Child care facility" means an establishment licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.
(b) "Licensed gaming establishment" has the meaning ascribed to it in NRS 463.0169.
(c) "Public building" means any building or office space owned or occupied by:
(1) Any component of the University and Community College System of Nevada and used for any purpose related to the system.
(2) The State of Nevada and used for any public purpose, other than that used by the department of prisons to house or provide other services to offenders.
(3) Any county, city, school district or other political subdivision of the state and used for any public purpose.
If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.
(d) "School bus" has the meaning ascribed to it in NRS 483.160.
Sec. 22.5. NRS 202.2496 is hereby amended to read as follows:
202.24961. As necessary to comply with applicable federal law, the attorney general shall conduct random, unannounced inspections at locations where tobacco and products made from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494. For assistance in conducting any such inspection, the attorney general may contract with:
(a) Any sheriff's department;
(b) Any police department; or
(c) Any other person who will, in the opinion of the attorney general, perform the inspection in a fair and impartial manner.
2. A sheriff's department or police department may, within its jurisdiction and independently of the attorney general, conduct random, unannounced inspections at locations where tobacco and products made from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494. The department shall report the results of any such inspection to the attorney general.
3. If [the] an inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the child's parent for such assistance.
[3.] 4. A child assisting in an inspection pursuant to this section shall, if questioned about his age, state his true age and that he is under 18 years of age.
[4.] 5. If a child is assisting in an inspection pursuant to this section, the person supervising the inspection shall:
(a) Refrain from altering or attempting to alter the child's appearance to make him appear to be 18 years of age or older.
(b) Photograph the child immediately before the inspection is to occur and retain any photographs taken of the child pursuant to this paragraph.
[5.] 6. The person supervising an inspection using the assistance of a child shall, within a reasonable time after the inspection is completed:
(a) Inform a representative of the business establishment from which the child attempted to purchase tobacco or products made from tobacco that an inspection has been performed and the results of that inspection.
(b) Prepare a report regarding the inspection. The report must include the following information:
(1) The name of the person who supervised the inspection and the position held by him;
(2) The age and date of birth of the child who assisted in the inspection;
(3) The name and position of the person from whom the child attempted to purchase tobacco or products made from tobacco;
(4) The name and address of the establishment at which the child attempted to purchase tobacco or products made from tobacco;
(5) The date and time of the inspection; and
(6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of tobacco or products made from tobacco to the child.
[6.] 7. No civil or criminal action based upon an alleged violation of NRS 202.2493 or 202.2494 may be brought as a result of an inspection for compliance in which the assistance of a child has been enlisted unless the inspection has been conducted in accordance with the provisions of this section.
Sec. 23. NRS 391.275 is hereby amended to read as follows:
391.275 [The]
1. Except as otherwise provided in subsection 2, the jurisdiction of each school police officer of a school district extends to all school property, buildings and facilities within the school district, for the purpose of:
[1.] (a) Protecting school district personnel, pupils, or real or personal property; or
[2.] (b) Cooperating with local law enforcement agencies in matters relating to personnel, pupils or real or personal property of the school district.
2. A school police officer may issue a citation pursuant to subsection 2 of NRS 62.175 to a person who is under 18 years of age if the person engages in conduct prohibited by section 2 of this act.
Sec. 24. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of trustees of each school district shall adopt and enforce measures for disciplining a pupil who engages in conduct prohibited by section 2 of this act.
Sec. 25. NRS 483.250 is hereby amended to read as follows:
483.250The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 16 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.
2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.
3. To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.
4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.
5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.
6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.
7. To any person who is not a resident of this state.
8. To any child who is the subject of a court order issued pursuant to section 3 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228 or section 2 of [this act] Assembly Bill No. 176 of this session which delays his privilege to drive.
9. To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.
Sec. 26. NRS 483.460 is hereby amended to read as follows:
483.4601. Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of subsection 2 of NRS 484.377 or NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794, the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:
(a) For 1 year if it is his first such offense during the period of required use of the device.
(b) For 5 years if it is his second such offense during the period of required use of the device.
5. When the department is notified that a court has:
(a) Pursuant to section 3 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of [this act,] Assembly Bill No. 176 of this session, ordered the suspension or delay in issuance of a child's license;
(b) Pursuant to NRS 206.330, ordered the suspension or delay in issuance of a person's license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a child's license,
the department shall take such actions as are necessary to carry out the court's order.
Sec. 27. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in subsections 2 and 3, after a driver's license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
2. After a driver's license has been revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to section 3 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of [this act,] Assembly Bill No. 176 of this session, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both; and
(b) If applicable, to and from school.
3. After a driver's license has been suspended pursuant to NRS 483.443, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both;
(b) To receive regularly scheduled medical care for himself or a member of his immediate family; and
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
4. A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.
5. The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
6. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 28. NRS 483.495 is hereby amended to read as follows:
483.495The department shall by regulation:
1. Except as otherwise provided in section 3 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.227 and section 3 of [this act,] Assembly Bill No. 176 of this session, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:
(a) Must provide for a fair evaluation of the ability of a person to operate a motor vehicle; and
(b) May allow for the waiver of certain tests or requirements as the department deems necessary.
2. Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.
Sec. 29. NRS 483.580 is hereby amended to read as follows:
483.580A person shall not cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is revoked or suspended pursuant to section 3 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228 or section 2 of [this act.] Assembly Bill No. 176 of this session.
Sec. 30. The health division of the department of human resources shall:
1. Study the factors that contribute to the use by children of cigarettes and other products made from tobacco; and
2. Submit to the legislature, not later than the fifth calendar day of the next regular session of the legislature, a report detailing any findings and recommendations concerning methods of eliminating or decreasing the use by children of cigarettes and other products made from tobacco.
Sec. 31. 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. 32. 1. The amendatory provisions of sections 1 to 9, inclusive, and 22 to 29, inclusive, of this act do not apply to:
(a) The purchase, possession or use of cigarettes, cigarette paper, tobacco of any description or products made from tobacco by a child who is under 18 years of age; or
(b) A false representation made by a child who is under 18 years of age for the purpose of purchasing or obtaining cigarettes, cigarette paper, tobacco of any description or products made from tobacco,
that occurs before October 1, 1997.
2. The amendatory provisions of sections 10 to 21, inclusive, of this act do not apply to an advertisement that is placed on an outdoor advertising sign, as defined in section 14 of this act, before October 1, 1997, unless the advertisement is displayed on or after October 1, 1997.
Sec. 33. 1. Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1997.
2. Section 7 of this act becomes effective at 12:04 a.m. on October 1, 1997.