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ê1997 Statutes of Nevada, Page 2213 (Chapter 484, AB 173)ê

 

      (b) The mobile telephone service provided to each customer of that service who resides in the county,

for the enhancement of the telephone system for reporting an emergency in the county.

      2.  The surcharge imposed by a board of county commissioners pursuant to subsection 1:

      (a) For each access line to the local exchange of a telephone company, must not exceed 25 cents each month;

      (b) For each trunk line to the local exchange of a telephone company, must equal 10 times the amount of the surcharge imposed for each access line to the local exchange of a telephone company pursuant to paragraph (a); and

      (c) For each telephone number assigned to a customer by a supplier of mobile telephone service, must equal the amount of the surcharge imposed for each access line to the local exchange of a telephone company pursuant to paragraph (a).

      3.  A telephone company which provides access lines or trunk lines in a county which imposes a surcharge pursuant to this section or a supplier which provides mobile telephone service to a customer in such a county, shall collect the surcharge from its customers each month. Except as otherwise provided in NRS 244A.7647, the telephone company or supplier shall remit the surcharge it collects to the treasurer of the county where the surcharge is imposed not later than the 15th day of the month after the month it receives payment of the surcharge from its customers.

      4.  An ordinance adopted pursuant to subsection 1 may include a schedule of penalties for the delinquent payment of amounts due from telephone companies or suppliers pursuant to this section. Such a schedule:

      (a) Must provide for a grace period of not less than 90 days after the date on which the telephone company or supplier must otherwise remit the surcharge to the county treasurer; and

      (b) Must not provide for a penalty that exceeds 5 percent of the cumulative amount of surcharges owed by a telephone company or a supplier.

      5.  As used in this section, “trunk line” means a line which provides a channel between a switchboard owned by a customer of a telephone company and the local exchange of the telephone company.

      Sec. 2.  This act becomes effective on July 1, 1997.

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ê1997 Statutes of Nevada, Page 2214ê

 

CHAPTER 485, AB 178

Assembly Bill No. 178–Assemblymen Buckley, Ohrenschall, Anderson, Perkins, Close, Arberry, Giunchigliani, Amodei, Segerblom, Mortenson, Evans, Krenzer, Williams, Manendo, Koivisto, Chowning, Collins, Price, Nolan, Carpenter, Hickey, Neighbors, Marvel, Parks, Cegavske, Sandoval and Hettrick

CHAPTER 485

AN ACT relating to motor vehicles; requiring a used vehicle dealer to conduct certain inspections on certain vehicles that he sells to a retail customer; requiring a used vehicle dealer to offer to sell certain warranties for certain used vehicles that he sells to retail customers or to disclose certain defects in those vehicles; authorizing a retail customer of a used vehicle to file a complaint with the department of motor vehicles and public safety regarding a violation of those provisions; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  For the purposes of this chapter, if an odometer that is connected to a motor vehicle is not capable of registering 100,000 miles or more, the odometer shall be deemed to register the actual mileage the vehicle has traveled while in operation.

      Sec. 3.  As used in sections 3 to 10, inclusive, of this act, unless the context otherwise requires, “drivetrain” means those components and systems within a motor vehicle that transfer power from the engine of the vehicle to the wheels of the vehicle, including, without limitation, a transmission, driveshaft, torque converter, differential, universal joint and constant velocity joint.

      Sec. 4.  Before a used vehicle dealer may sell to a retail customer a used vehicle the odometer of which registers 75,000 miles or more, the used vehicle dealer must conduct a reasonably thorough inspection of the soundness and safety of the vehicle’s engine and drivetrain and disclose in writing any defects in the engine or drivetrain known to him or which he reasonably should have known after he conducts the inspection.

      Sec. 5.  1.  A used vehicle dealer who sells to a retail customer a used vehicle the odometer of which registers 75,000 miles or more shall provide to that retail customer an express written warranty which complies with the requirements set forth in subsection 2 and is valid for the period set forth in the schedule of warranties created pursuant to section 6 of this act, if a used vehicle dealer is the subject of more than three substantiated complaints filed against him with the department of motor vehicles and public safety during a 12-month period.

      2.  An express written warranty required pursuant to subsection 1 must contain a statement that, in the event the operation of the used vehicle becomes impaired as a result of a defect in a component or system of the vehicle’s engine or drivetrain, the used vehicle dealer shall, with reasonable promptness, correct the defect or cause the defect to be corrected.


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ê1997 Statutes of Nevada, Page 2215 (Chapter 485, AB 178)ê

 

reasonable promptness, correct the defect or cause the defect to be corrected.

      Sec. 6.  1.  If an express written warranty is provided to a retail customer for a used vehicle pursuant to section 5 of this act, the duration of the warranty must be determined pursuant to this section. If, on the date the vehicle was purchased from the used vehicle dealer, the odometer in the used vehicle registered:

      (a) At least 75,000 but less than 80,001 miles, the warranty is valid for a period of 30 days therefrom or until the odometer in the vehicle registers 1,000 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.

      (b) At least 80,001 but less than 85,001 miles, the warranty is valid for a period of 20 days therefrom or until the odometer in the vehicle registers 600 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.

      (c) At least 85,001 but less than 90,001 miles, the warranty is valid for a period of 10 days therefrom or until the odometer in the vehicle registers 300 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.

      (d) At least 90,001 but less than 100,001 miles, the warranty is valid for a period of 5 days therefrom or until the odometer in the vehicle registers 150 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.

      (e) At least 100,001 miles, the warranty is valid for a period of 2 days therefrom or until the odometer in the vehicle registers 100 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.

The period for which a warranty is valid pursuant to this section must be tolled during any period in which the dealer has possession of the vehicle or the operation of the vehicle is impaired and the vehicle is inoperable due to a defect in the vehicle’s engine or drivetrain.

      2.  As used in this section, “garage” has the meaning ascribed to it in NRS 597.480.

      Sec. 7.  1.  A retail customer who purchases a used vehicle the odometer of which registers 75,000 miles or more may submit to the department a written complaint regarding the used vehicle dealer. The department shall, within 10 days after it receives a complaint pursuant to this section, provide a copy of the complaint to the used vehicle dealer who is the subject of the complaint.

      2.  A complaint submitted pursuant to subsection 1 must include:

      (a) A clear and concise statement of the complaint and the facts relating to the complaint;

      (b) Copies of any documents relating to the complaint; and

      (c) A statement of the manner in which the retail customer wishes to have the complaint resolved.

      3.  Upon receipt of a complaint pursuant to this section, the department shall investigate the complaint and determine whether the used vehicle dealer who is the subject of the complaint has violated the provisions of sections 3 to 10, inclusive, of this act or the regulations adopted by the department pursuant thereto.


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ê1997 Statutes of Nevada, Page 2216 (Chapter 485, AB 178)ê

 

sections 3 to 10, inclusive, of this act or the regulations adopted by the department pursuant thereto.

      4.  If the department determines that a used vehicle dealer has violated the provisions of sections 3 to 10, inclusive, of this act or the regulations adopted by the department pursuant thereto, the department shall notify the used vehicle dealer of that determination and recommend to the dealer the actions that he may take to resolve the complaint.

      5.  A retail customer or used vehicle dealer who is aggrieved by the decision of the department may appeal the decision to the director.

      Sec. 8.  The department shall maintain a record of the complaints submitted to the department pursuant to section 7 of this act. The record must include a statement of whether the dealer was found to have violated the provisions of sections 3 to 10, inclusive, of this act or the regulations adopted pursuant thereto, and if so, whether the used vehicle dealer resolved the complaint in the manner recommended by the department or in any other manner acceptable to the department and the retail customer who filed the complaint.

      Sec. 9.  1.  If the department determines from the record maintained pursuant to section 8 of this act that on more than three occasions a used vehicle dealer has:

      (a) Been found to have violated the provisions of section 3 to 10, inclusive, of this act or the regulations adopted pursuant thereto; and

      (b) Failed to resolve those complaints in the manner recommended by the department pursuant to section 7 of this act or in any other manner acceptable to the department and the retail customer who filed the complaint,

the department may impose an administrative fine, not to exceed $2,500, for each additional violation of the provisions of sections 3 to 10, inclusive, of this act. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the department pursuant to subsection 1 must be deposited with the state treasurer to the credit of the account for regulation of used vehicle dealers, which is hereby created in the state highway fund. Money in the account may be used only for the administration of NRS 481.048 and sections 3 to 10, inclusive, of this act.

      3.  In addition to any other remedy provided by law, the department may compel compliance with sections 3 to 10, inclusive, of this act, and any regulation adopted pursuant thereto, by injunction or other appropriate remedy, and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 10.  The department may adopt regulations to carry out the provisions of sections 3 to 10, inclusive, of this act.

      Sec. 11.  NRS 41.600 is hereby amended to read as follows:

      41.600  1.  An action may be brought by any person who is a victim of consumer fraud.

      2.  As used in this section, “consumer fraud” means:

      (a) An unlawful act as defined in NRS 119.330;

      (b) An act prohibited by sections 3 to 10, inclusive, of this act;

      (c) An act prohibited by NRS 482.351; or


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ê1997 Statutes of Nevada, Page 2217 (Chapter 485, AB 178)ê

 

      [(c)] (d) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive.

      3.  If the claimant is the prevailing party, the court shall award any damages that he has sustained.

      4.  Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.

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CHAPTER 486, AB 183

Assembly Bill No. 183–Committee on Elections, Procedures, and Ethics

CHAPTER 486

AN ACT relating to public welfare; creating the fund for the institutional care of the medically indigent; revising the state plan for Medicaid; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The administrator shall include in the state plan for Medicaid a requirement that the state shall pay the nonfederal share of expenditures for the medical, administrative and transaction costs of a person:

      (a) Who is admitted to a hospital, facility for intermediate care or facility for skilled nursing for not less than 30 consecutive days;

      (b) Who is covered by the state plan for Medicaid; and

      (c) Whose net countable income per month is not more than $775 or 155 percent of the supplemental security income benefit rate established pursuant to 42 U.S.C. § 1382(b)(1), whichever is greater.

      2.  As used in this section:

      (a) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038.

      (b) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

      (c) “Hospital” has the meaning ascribed to it in NRS 449.012.

      Sec. 2.  Section 1 of this act is hereby amended to read as follows:

       Section 1.  1.  The administrator shall include in the state plan for Medicaid a requirement that the state shall pay the nonfederal share of expenditures for the medical, administrative and transaction costs of a person:

       (a) Who is admitted to a hospital, facility for intermediate care or facility for skilled nursing for not less than 30 consecutive days;

       (b) Who is covered by the state plan for Medicaid; and

       (c) Whose net countable income per month is not more than $775 or [155] 156 percent of the supplemental security income benefit rate established pursuant to 42 U.S.C. § 1382(b)(1), whichever is greater.

       2.  As used in this section:


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ê1997 Statutes of Nevada, Page 2218 (Chapter 486, AB 183)ê

 

       (a) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038.

       (b) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

       (c) “Hospital” has the meaning ascribed to it in NRS 449.012.

      Sec. 3.  Chapter 428 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 12, inclusive, of this act.

      Sec. 4.  As used in sections 4 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 9, inclusive, have the meanings ascribed to them in those sections.

      Sec. 5.  “Board” means the board of trustees of the fund.

      Sec. 6.  “Fund” means the fund for the institutional care of the medically indigent.

      Sec. 7.  “Interlocal agreement” means an interlocal agreement between the department of human resources and a county to pay the expenses for the institutional care of the medically indigent pursuant to the state plan.

      Sec. 8.  “Payment” means the amount of money that a county is required to pay each quarter pursuant to an interlocal agreement for the nonfederal share of its expenses for the institutional care of the medically indigent pursuant to the state plan.

      Sec. 9.  “State plan” means the state plan for Medicaid.

      Sec. 10.  1.  The fund for the institutional care of the medically indigent is hereby created in the state treasury.

      2.  The money in the fund must only be used to provide assistance to a county which is unable to make a payment required by an interlocal agreement.

      3.  The fund must be administered by a board of trustees consisting of 5 county commissioners appointed by the governor from a list of 10 nominees submitted by the board of directors of the Nevada Association of Counties.

      4.  Each member of the board shall serve a term of 1 year or until his successor has been appointed and has qualified.

      5.  The position of a member of the board shall be deemed vacated upon his loss of any of the qualifications required for his appointment and, in that event, the governor shall appoint a successor from a list of two nominees submitted by the board of directors of the Nevada Association of Counties.

      6.  Any interest or money earned on money in the fund must be credited to the fund.

      7.  Any money remaining in the fund at the end of a fiscal year remains in the fund and does not revert to the state general fund.

      Sec. 11.  The board may:

      1.  Enter into any necessary contracts and agreements.

      2.  Employ personnel as necessary and prescribe their compensation and working conditions.

      3.  Enter into agreements with the department of administration to obtain the services of consultants, attorneys, auditors, accountants, actuaries and managers of risk.

      4.  Rent, lease, purchase or otherwise obtain or receive real or personal property.


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ê1997 Statutes of Nevada, Page 2219 (Chapter 486, AB 183)ê

 

      5.  Adopt regulations necessary to carry out the provisions of sections 4 to 12, inclusive, of this act.

      Sec. 12.  1.  A county which fails to make a payment required by an interlocal agreement may submit a written request to the board to transfer from the fund, on behalf of the county, an amount equal to the payment due, or any portion thereof, to the Medicaid budget account in the state general fund.

      2.  The board shall consider the following factors in determining whether to approve a request submitted pursuant to subsection 1:

      (a) Whether the county has any source of money available to make the payment;

      (b) Whether the county has the taxing authority to raise the additional money required to make the payment;

      (c) Whether the county has expended its money for the care of indigents in an appropriate manner;

      (d) Whether the county has budgeted appropriately for the anticipated amount of its payments; and

      (e) Any other factors the board determines are appropriate.

      3.  If the board determines that a county is unable to make a payment that is due, the board shall transfer an amount equal to the amount of the payment due, or any portion thereof, in the manner prescribed in subsection 1.

      4.  The board shall prepare and submit a report to the department of administration and the interim finance committee not later than June 30 and December 31 of each year. The report must include the name of each county on whose behalf money was transferred from the fund to the Medicaid budget account since the last report, the amount transferred and the remaining balance in the fund.

      Sec. 13.  1.  There is hereby appropriated from the state general fund to the Medicaid budget account in the state general fund for the institutional care of the medically indigent:

For the fiscal year 1997-1998......................................................................... $128,520

For the fiscal year 1998-1999...................................................................... $1,008,540

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 14.  1.  The state controller shall, as soon as practicable after June 30, 1997, transfer the sum of $300,000 from the intergovernmental transfer account in the state general fund to the fund for the institutional care of the medically indigent created pursuant to section 10 of this act.

      2.  The money transferred to the fund for the institutional care of the medically indigent pursuant to subsection 1 may be used to provide assistance to a county for a payment required by an interlocal agreement which became due during the fiscal year 1996-1997.

      Sec. 15.  1.  This section and sections 1 and 3 to 14, inclusive, of this act become effective on June 30, 1997.

      2.  Section 2 of this act becomes effective on January 1, 1999.

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ê1997 Statutes of Nevada, Page 2220ê

 

CHAPTER 487, AB 184

Assembly Bill No. 184–Assemblymen Nolan and Anderson

CHAPTER 487

AN ACT relating to public employees; authorizing the establishment of a program for payment of the normal salary of a police officer or fireman in lieu of compensation for industrial injury or occupational disease in certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The employer of a police officer or fireman may establish a program that allows a police officer or fireman whom it employs who has suffered a catastrophe resulting in temporary total disability, to elect to continue to receive his normal salary for a period of not more than 1 year in lieu of receiving the compensation for the industrial injury or occupational disease for which he is eligible pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, unless the police officer or fireman has made an election pursuant to NRS 281.390.

      2.  A program established pursuant to subsection 1:

      (a) Must prescribe the conditions pursuant to which a police officer or fireman is eligible to receive his normal salary in accordance with an election pursuant to subsection 1; and

      (b) May allow a police officer or fireman to return to light-duty employment or employment modified according to his physical restrictions or limitations and receive his normal salary during the period of his election pursuant to subsection 1.

      3.  Unless the employer is self-insured or a member of an association of self-insured public or private employers, the employer shall notify the insurer that provides industrial insurance for that employer of the election by a police officer or fireman pursuant to subsection 1. When the police officer or fireman is no longer eligible to receive his normal salary pursuant to such an election, the employer shall notify the insurer so that the insurer may begin paying to the police officer or fireman the benefits, if any, for industrial insurance for which the police officer or fireman is eligible. If the employer is self-insured or a member of an association of self-insured public or private employers and the police officer or fireman is no longer eligible to receive his normal salary in accordance with an election pursuant to subsection 1, the employer shall begin paying the benefits, if any, for industrial insurance for which the police officer or fireman is entitled.

      4.  During the period in which the police officer or fireman elects to receive his normal salary pursuant to subsection 1, he accrues sick leave, annual leave and retirement benefits at the same rate at which he accrued such leave and benefits immediately before the election.

      5.  As used in this section:


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ê1997 Statutes of Nevada, Page 2221 (Chapter 487, AB 184)ê

 

      (a) “Catastrophe” means an illness or accident arising out of or in the course of employment which is life threatening or which will require a period of convalescence that an attending physician expects to exceed 30 days and because of which the employee is unable to perform the duties of his position.

      (b) “Police officer” has the meaning ascribed to it in NRS 617.135.

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CHAPTER 488, AB 190

Assembly Bill No. 190–Committee on Ways and Means

CHAPTER 488

AN ACT relating to water resources; revising provisions governing the channel clearance, surveying and monumenting program; increasing the amount retained in the account for the program; providing immunity from civil liability to the state and any city, county or other political subdivision for certain actions relating to the program; making an appropriation to the account; making appropriations for repairs and improvements relating to the South Fork Dam; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 6.  NRS 532.220 is hereby amended to read as follows:

      532.220  1.  The channel clearance, maintenance, restoration, surveying and monumenting program is hereby established and must be administered by the state engineer.

      2.  This program is to aid local governments in this state in the clearance, maintenance, restoration, surveying and monumenting of navigable rivers.

      3.  Any incorporated city, county or other political subdivision of this state may apply to the state engineer for a grant under this program if [:

      (a) Federal money is not available for the proposed project;

      (b) The] the incorporated city, county or other political subdivision requesting the money agrees to match the state grant equally . [with its money; and

      (c) The amount requested does not exceed the balance available.]

      4.  The state, its departments, divisions and agencies, an incorporated city, a county and all other political subdivisions of this state, and their employees and agents, are immune from civil liability for damages caused by an alteration or disturbance of a riverbed or flooding sustained as a result of any act or omission by an employee or agent in clearing or causing to be cleared, maintaining or restoring a channel of a river pursuant to this section if the channel is cleared, maintained or restored pursuant to a permit granted by the division of state lands of the state department of conservation and natural resources and such other permits and approvals as are required by law.

      5.  As used in this section, “navigable river” means a river or stream that is used, or is susceptible of being used, in its ordinary condition for trade or travel in the customary modes of trade or travel on rivers or streams.


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ê1997 Statutes of Nevada, Page 2222 (Chapter 488, AB 190)ê

 

trade or travel in the customary modes of trade or travel on rivers or streams.

      Sec. 7.  NRS 532.230 is hereby amended to read as follows:

      532.230  1.  The account for the channel clearance, maintenance, restoration, surveying and monumenting program is hereby created in the state general fund.

      2.  The money in the account must be administered by the state engineer and must be expended only to aid local governments in the manner provided in NRS 532.220.

      3.  If the balance in the account is below [$25,000,] $250,000, the state engineer may request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.

      Sec. 8.  There is hereby appropriated from the state general fund to the account for the channel clearance, maintenance, restoration, surveying and monumenting program created by NRS 532.230 the sum of $250,000.

      Sec. 4.  There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $79,800 for repairs and improvements on the South Fork Dam.

      Sec. 5.  Any remaining balance of the appropriation made by section 4 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 6.  There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $30,000 for the repair of the South Fork Dam south sluice gate.

      Sec. 7.  Any remaining balance of the appropriation made by section 6 of this act must not be committed for expenditure after the project has been completed, and reverts to the state general fund as soon as all payments of money committed have been made or by June 30, 1998, whichever occurs earlier.

      Sec. 8.  This act becomes effective upon passage and approval or on June 30, 1997, whichever comes earlier.

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ê1997 Statutes of Nevada, Page 2223ê

 

CHAPTER 489, AB 401

Assembly Bill No. 401–Committee on Health and Human Services

CHAPTER 489

AN ACT relating to public welfare; making various statutory changes in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; limiting the eligibility of aliens for certain public benefits; providing for the establishment of programs to provide assistance for the care and development of children and to provide temporary assistance for needy families; revising the powers and duties of the state welfare board and the welfare division of the department of human resources; requiring the department of employment, training and rehabilitation to employ job development coordinators to promote the creation of jobs for recipients of public assistance; revising the provisions governing the establishment of paternity and the enforcement of an obligation for the support of a child; requiring the inclusion of social security numbers in certain documents; adopting the Uniform Interstate Family Support Act; providing procedures for the protection of confidential information relating to persons who apply for or receive medical or financial assistance from counties; requiring the establishment of a directory of newly hired employees and the submission by employers of certain information to the directory; providing civil penalties; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature finds and declares that:

      1.  Families that receive public assistance possess a sense of responsibility and accountability.

      2.  A system of public assistance should:

      (a) Encourage recipients to achieve their full potential by becoming gainfully employed, rather than remaining dependent on public assistance;

      (b) Provide for the safety and protection of children;

      (c) Encourage parents to ensure that their children receive the proper immunizations; and

      (d) Encourage a recipient to obtain a high school diploma or a general equivalency diploma.

      3.  A system of public assistance should be administered in such a manner that:

      (a) All recipients are treated with fairness and dignity; and

      (b) The limitations and needs of state and local governments are considered.

      4.  A system of public assistance should be established with the intent to:

      (a) Eliminate poverty;

      (b) Provide recipients with opportunities for self-sufficiency and independence; and

      (c) Provide a system of support for persons in need.

      5.  This act may be cited as the Nevada Personal Responsibility and Self-Sufficiency Act of 1997.


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ê1997 Statutes of Nevada, Page 2224 (Chapter 489, AB 401)ê

 

      Sec. 2.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 25, inclusive, of this act.

      Sec. 3.  “Program for child care and development” means the program established to provide assistance for the care and development of children pursuant to 42 U.S.C. §§ 9858 et seq.

      Sec. 4.  “Temporary assistance for needy families” means the program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.) and other provisions of that act relating to temporary assistance for needy families.

      Sec. 5.  1.  Notwithstanding any other provision of state or local law, a person or governmental entity that provides a state or local public benefit:

      (a) Shall comply with the provisions of 8 U.S.C. § 1621 regarding the eligibility of an alien for such a benefit.

      (b) Is not required to pay any costs or other expenses relating to the provision of such a benefit after the effective date of this section to an alien who, pursuant to 8 U.S.C. § 1621, is not eligible for the benefit.

      2.  Compliance with the provisions of 8 U.S.C. § 1621 must not be construed to constitute any form of discrimination, distinction or restriction made, or any other action taken, on the basis of national origin.

      3.  As used in this section, “state or local public benefit” has the meaning ascribed to it in 8 U.S.C. § 1621.

      Sec. 6.  1.  The welfare division shall provide public assistance pursuant to:

      (a) The program established to provide temporary assistance for needy families;

      (b) The program for assistance to the medically indigent; or

      (c) Any program for which a grant has been provided to this state pursuant to 42 U.S.C. §§ 1397 et seq.,

to a qualified alien who complies with the requirements established by the welfare division pursuant to federal law and this chapter for the receipt of benefits pursuant to that program.

      2.  As used in this section, “qualified alien” has the meaning ascribed to it in 8 U.S.C. § 1641.

      Sec. 7.  1.  The welfare division shall:

      (a) Periodically evaluate recipients of public assistance pursuant to this chapter to identify recipients who are victims of domestic violence.

      (b) Refer a recipient who it determines is a victim of domestic violence to appropriate counseling or other supportive services available in the community in which the recipient resides.

      2.  Except as otherwise provided in this subsection, the welfare division shall not disclose to any person other than the victim that a determination of domestic violence has been made pursuant to this section. The welfare division may disclose the information to the Secretary of Health and Human Services or his designee for the purposes of including that information in the Federal Parent Locator Service established pursuant to 42 U.S.C. § 653.

      Sec. 8.  1.  Except as otherwise provided in subsection 3, as a condition to the receipt of public assistance, a recipient must:


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ê1997 Statutes of Nevada, Page 2225 (Chapter 489, AB 401)ê

 

      (a) Ensure that each dependent child for whom the recipient is receiving assistance has received the standard immunizations established for children by the regulations adopted pursuant to NRS 439.550.

      (b) Within 6 months after the determination of his eligibility for public assistance, submit to the welfare division, in the manner specified in NRS 432A.230 and 432A.260 for admission to a child care facility, proof that each dependent child for whom the recipient is receiving assistance has received those standard immunizations.

      2.  The welfare division shall advise each recipient of the availability of those standard immunizations through clinics for the immunization of children held pursuant to NRS 439.535.

      3.  The welfare division shall waive the requirements of subsection 1 if the failure to immunize a dependent child is because of a religious belief or medical condition and the recipient submits to the welfare division a written statement of that fact in the manner specified in NRS 432A.240 or 432A.250 for admission to a child care facility.

      4.  A head of a household that is receiving benefits pursuant to the program to provide temporary assistance for needy families who does not comply with the requirements of this section:

      (a) Shall be deemed to have failed to comply with the terms of the plan for personal responsibility signed by the head of the household pursuant to section 17 of this act; and

      (b) Is subject to the penalties prescribed in section 22 of this act for failing to comply with the terms of that plan.

      Sec. 9.  1.  As a condition to the receipt of public assistance, a recipient who has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age, must comply with the provisions of NRS 392.040 with respect to that child.

      2.  If the head of a household that is receiving benefits pursuant to the program to provide temporary assistance for needy families has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age, the head of the household shall take every reasonable action to ensure that the child is not at risk of failing to advance to the next grade level in school.

      3.  If the head of a household that is receiving benefits pursuant to the program to provide temporary assistance for needy families has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age and:

      (a) The head of the household does not comply with the provisions of NRS 392.040 with respect to that child; or

      (b) That child is at risk of failing to advance to the next grade level in school,

the division shall require the head of the household to review with the division the personal responsibility plan signed by him pursuant to section 17 of this act and revise the plan as necessary to assist the head of the household in complying with the provisions of NRS 392.040 and helping the child to improve his academic performance.

      Sec. 10.  Notwithstanding any other provision of this chapter, the welfare division shall not, pursuant to this chapter, deny, reduce, discontinue or terminate any public assistance in violation of any requirement of federal law or condition to the receipt of federal money.


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discontinue or terminate any public assistance in violation of any requirement of federal law or condition to the receipt of federal money.

      Sec. 10.5.  1.  The department of employment, training and rehabilitation shall employ one or more job development coordinators to promote the creation of jobs for persons who receive public assistance.

      2.  A job development coordinator employed by the department of employment, training and rehabilitation pursuant to this section shall:

      (a) Encourage public and private employers to hire persons who are recipients of public assistance; and

      (b) Work with public and private employers to create jobs.

      3.  Job development coordinators employed by the department of employment, training and rehabilitation pursuant to this section are in the classified service of the state.

      Sec. 11.  As used in NRS 422.377 and sections 11 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 12 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 12.  “Benefit” means any benefit provided by the welfare division pursuant to the program.

      Sec. 13.  “Head of a household” means a member of a household who receives benefits on behalf of the household and is responsible for complying with the plan for personal responsibility required by section 17 of this act and the agreement of cooperation required by section 18 of this act.

      Sec. 14.  “Household” means an association of persons who:

      1.  Live in the same home or dwelling;

      2.  Are related by blood, adoption or marriage; and

      3.  Are mutually dependent on each other for the basic necessities of life.

      Sec. 15.  “Program” means the program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.) and other provisions of that act relating to temporary assistance for needy families.

      Sec. 16.  1.  The welfare division shall not provide benefits to an applicant therefor until it makes an assessment of the skills, prior work experience and employability of each member of the applicant’s household.

      2.  The assessment required pursuant to subsection 1 must include a determination of whether the members of the household require job training, child care, treatment for the abuse of alcohol or drugs, mental health services or any other services deemed necessary by the welfare division.

      3.  The applicant must, as a condition to the receipt of those benefits, cooperate with the welfare division in making the assessment required pursuant to subsection 1.

      4.  If the assessment required pursuant to subsection 1 indicates that a member of the household may require mental health services, the welfare division shall refer that member of the household to a person professionally qualified in the field of psychiatric mental health.


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      5.  As used in this section, “person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

      Sec. 17.  1.  The welfare division shall, with the participation of the head of a household who is applying for benefits, establish a written plan for personal responsibility for the household. The plan for personal responsibility must be based on the assessment made pursuant to section 16 of this act.

      2.  In addition to the requirements set forth in 42 U.S.C. § 608, the plan required pursuant to subsection 1 must:

      (a) Identify the role of each member of the household and his obligations pursuant to the plan;

      (b) Be signed by the head of the household within 60 days after he is determined to be eligible for benefits; and

      (c) Specify a date, not later than 24 months after the date the plan becomes effective, upon which the plan will expire.

      3.  The welfare division shall review the plan required pursuant to subsection 1 not less than once every 6 months to determine whether the needs of the household have changed. The welfare division may, with the participation of the head of the household, amend the plan as it deems appropriate.

      4.  If a member of the household is an unmarried parent who is less than 18 years of age, the plan required pursuant to subsection 1 must include a provision which:

      (a) Requires the head of the household to ensure that the unmarried parent attends training to learn the skills necessary to care for the child; and

      (b) Encourages the head of the household to ensure that the unmarried parent participates in a program which provides mentors for unmarried parents who are less than 18 years of age.

      Sec. 18.  1.  The administrator shall establish by regulation an agreement of cooperation that must be signed by the head of a household as a condition to the receipt of benefits.

      2.  The agreement required pursuant to subsection 1 must include a statement of:

      (a) The actions that the members of the household are expected to take as a condition to the receipt of benefits; and

      (b) The penalties that may be imposed by the welfare division pursuant to section 22 of this act for failing to comply with the provisions of the agreement or the plan for personal responsibility signed by the head of the household pursuant to section 17 of this act.

      Sec. 18.5.  Within 45 days after an applicant for benefits submits his application to the division, the division shall:

      1.  Approve the application and begin providing benefits to the applicant; or

      2.  Deny benefits to the applicant.

      Sec. 19.  1.  If the plan for personal responsibility signed by the head of a household pursuant to section 17 of this act includes a requirement that the head of the household complete a program of job training, the welfare division may exempt the head of the household from that requirement upon determining that:

 


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ê1997 Statutes of Nevada, Page 2228 (Chapter 489, AB 401)ê

 

division may exempt the head of the household from that requirement upon determining that:

      (a) The head of the household:

             (1) Is ill or physically incapacitated;

             (2) Must care for an ill or incapacitated member of his household;

             (3) Is receiving payments or is awaiting approval for the receipt of payments pursuant to the supplemental security income program;

             (4) Is a single custodial parent of a child who is less than 1 year of age;

             (5) Is not a recipient of benefits but receives benefits on behalf of a member of his household who is a dependent;

             (6) Is a person who is:

                   (I) Sixty years of age or older;

                   (II) The caretaker of a child; and

                   (III) A relative, other than a parent, of that child; or

             (7) Is pregnant and has been deemed unable to work by her physician; or

      (b) Any other good cause exists to exempt the head of the household from the requirement to complete the program of job training.

      2.  A head of a household may not claim the exemption prescribed in subparagraph (4) of paragraph (a) of subsection 1 for more than 12 months during his lifetime, regardless of whether those months are consecutive or cumulative.

      Sec. 20.  1.  Subject to the provisions of 42 U.S.C. § 607(e), the welfare division shall require each head of a household who is not suffering from a hardship described in subsection 7 of section 23 of this act to perform work:

      (a) Within a reasonable time after the welfare division determines that the head of the household is capable of finding and performing work; or

      (b) Not later than the date on which the head of the household has received benefits for 24 months, regardless of whether those months are consecutive or cumulative,

whichever occurs earlier.

      2.  A head of a household who does not comply with the requirements of this section:

      (a) Shall be deemed to have failed to comply with the terms of the plan for personal responsibility signed by him pursuant to section 17 of this act; and

      (b) Is subject to the penalties prescribed in section 22 of this act for the failure to comply with the terms of that plan.

      3.  The administrator shall adopt regulations setting forth the activities that will constitute work for the purposes of this section.

      Sec. 21.  1.  Except as otherwise provided in subsection 2, a person who has been convicted of a felony after August 22, 1996, an element of which is the possession, use or distribution of a controlled substance, is not eligible to receive any public assistance for which denial is required by 21 U.S.C. § 862a.

      2.  A person who has been convicted of a felony described in subsection 1 may be determined to be eligible for assistance if that person is participating in or has successfully completed a program for the treatment of the abuse of controlled substances that has been approved by the welfare division and:

 


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ê1997 Statutes of Nevada, Page 2229 (Chapter 489, AB 401)ê

 

participating in or has successfully completed a program for the treatment of the abuse of controlled substances that has been approved by the welfare division and:

      (a) Demonstrates to the satisfaction of the welfare division that he has not possessed, used or distributed controlled substances since he began the program; or

      (b) Is pregnant and a physician has certified in writing that the health and safety of the mother and the unborn child are dependent upon the receipt of benefits.

      3.  As used in this section, “controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).

      Sec. 22.  1.  Except as otherwise provided in this section:

      (a) If the welfare division determines that the head of a household has not complied with the terms of the plan for personal responsibility signed by the head of the household pursuant to section 17 of this act or the agreement of cooperation signed by the head of the household pursuant to section 18 of this act, the welfare division shall notify him that if his failure to comply does not cease within 30 days after he is notified of the failure to comply, the benefits provided to his household will be reduced pursuant to paragraph (b).

      (b) The welfare division shall:

             (1) If the failure to comply has not ceased within the period prescribed in paragraph (a), reduce for 1 month the total amount of the benefits provided to the household by one-third or by an amount equal to the total amount of the benefits provided to the household divided by the number of members of the household, whichever is greater;

             (2) If the failure to comply has not ceased by the end of the period of reduction required by subparagraph (1), reduce for 1 month the total amount of benefits provided to the household by two-thirds or by an amount equal to the total amount of the benefits provided to the household divided by the number of members of the household, whichever is greater; and

             (3) If the failure to comply has not ceased by the end of the period of reduction required by subparagraph (2), discontinue providing benefits to the household for 3 months or until the failure to comply ceases, whichever occurs last.

      (c) If the welfare division resumes providing benefits to a household whose benefits were discontinued pursuant to subparagraph (3) of paragraph (b), and the welfare division later determines that the head of the household has again failed to comply with the terms of the plan for personal responsibility or the agreement of cooperation, the welfare division shall:

             (1) Reduce for 1 month the total amount of the benefits provided to the household by one-third or by an amount equal to the total amount of the benefits provided to the household divided by the number of members of the household, whichever is greater;

             (2) If the failure to comply has not ceased by the end of the period of reduction required by subparagraph (1), reduce for 1 month the total amount of benefits provided to the household by two-thirds or by an amount equal to the total amount of the benefits provided to the household divided by the number of members of the household, whichever is greater; and


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ê1997 Statutes of Nevada, Page 2230 (Chapter 489, AB 401)ê

 

             (3) If the failure to comply has not ceased by the end of the period of reduction required by subparagraph (2), discontinue providing benefits to the household for 6 months or until the failure to comply ceases, whichever occurs last.

      (d) If the welfare division resumes providing benefits to a household whose benefits were discontinued pursuant to subparagraph (3) of paragraph (c), and the welfare division later determines that the head of the household has again failed to comply with the terms of the plan for personal responsibility or the agreement of cooperation, the welfare division shall:

             (1) Reduce for 1 month the total amount of the benefits provided to the household by one-half; and

             (2) If the failure to comply has not ceased by the end of the period of reduction required by subparagraph (1), permanently terminate the household’s benefits.

      2.  The welfare division shall not reduce, discontinue or terminate any benefits pursuant to this section if the reduction, discontinuance or termination would violate a requirement of federal law or a condition to the receipt of federal money.

      Sec. 22.5.  The welfare division shall not provide benefits to a person who is prohibited from receiving benefits pursuant to 42 U.S.C. § 608(a).

      Sec. 23.  1.  Except as otherwise provided in subsection 2, a household that receives benefits for 24 months, regardless of whether those months are consecutive or cumulative, is prohibited from receiving additional benefits for 12 consecutive months, unless the head of the household is suffering from a hardship.

      2.  The household may receive additional benefits for not more than 6 additional months, regardless of whether those months are consecutive or cumulative, if the administrator determines that providing benefits to the household will significantly increase the likelihood that the head of the household will become self-sufficient and will not need to apply for benefits in the future. A household that receives any additional benefits pursuant to this subsection is prohibited from receiving benefits for 12 consecutive months after the additional benefits cease to be provided, unless the head of the household is suffering from a hardship.

      3.  The division shall not provide benefits to a household if an adult member of that household has received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative, unless the head of the household is suffering from a hardship.

      4.  Except as otherwise provided in subsections 5 and 6, a household that is receiving benefits beyond the period prescribed in subsection 1, 2 or 3 because the head of the household is suffering from a hardship may continue to receive benefits for as long as the head of the household suffers from the hardship. Once the head of the household no longer suffers from the hardship, the household is not eligible to receive benefits:

      (a) For 12 consecutive months if the household has not received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative; or

      (b) During the lifetime of the head of the household if the household has received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative, unless the head of the household again suffers from a hardship.


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ê1997 Statutes of Nevada, Page 2231 (Chapter 489, AB 401)ê

 

whether those months are consecutive or cumulative, unless the head of the household again suffers from a hardship.

      5.  A household that is receiving benefits pursuant to this section because the head of the household is suffering from a hardship described in paragraph (c) of subsection 7 may not receive benefits pursuant to this section solely because of that hardship for more than 12 months during the lifetime of the head of the household.

      6.  Notwithstanding any other provision of this section, if the administrator determines that the denial or suspension of benefits provided to a household solely because the head of the household is deemed to be suffering from a hardship is necessary to ensure that this state does not exceed the limitation set forth in 42 U.S.C. § 608(a)(7)(C), the administrator may deny or suspend such benefits. The administrator shall send written notice to a household whose benefits will be denied or suspended pursuant to this subsection.

      7.  For the purposes of this section, the head of a household shall be deemed to be suffering from a hardship if the welfare division determines that he:

      (a) Is ill or physically or mentally incapacitated;

      (b) Must care for an ill or incapacitated member of his household;

      (c) Is a single custodial parent of a child who is less than 1 year of age;

      (d) Is not a recipient of benefits but receives benefits on behalf of a member of his household who is a dependent;

      (e) Is an unmarried parent who:

             (1) Is less than 18 years of age; and

             (2) Complies with the requirements set forth in 42 U.S.C. §§ 608(a)(4) and 608(a)(5);

      (f) Is a person who is:

             (1) Sixty years of age or older;

             (2) The caretaker of a child; and

             (3) A relative, other than a parent, of that child; or

      (g) Is suffering from any other condition or circumstance that the administrator deems to be a hardship.

      Sec. 24.  1.  If the plan for personal responsibility signed by the head of a household pursuant to section 17 of this act includes a provision providing for the payment of transitional assistance to the head of the household, the welfare division may provide transitional assistance to the head of the household if the household becomes ineligible for benefits for one or more of the reasons described in 42 U.S.C. § 608(a)(11). The welfare division shall not provide transitional assistance pursuant to this section for more than 12consecutive months.

      2.  As used in this section, “transitional assistance” means:

      (a) Assistance provided by the welfare division to low-income families to pay for the costs of child care; or

      (b) Assistance to the medically indigent provided pursuant to the plan administered by the welfare division pursuant to NRS 422.237.

      Sec. 24.2.  1.  The welfare division may, within the limitations of available funding, provide for the payment by the welfare division of certain expenses on behalf of an applicant for benefits if the welfare division determines that the applicant is not in need of long-term benefits.


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ê1997 Statutes of Nevada, Page 2232 (Chapter 489, AB 401)ê

 

expenses on behalf of an applicant for benefits if the welfare division determines that the applicant is not in need of long-term benefits.

      2.  If the welfare division provides for the payment of expenses pursuant to subsection 1, the welfare division shall specify the expenses for which payment may be made.

      Sec. 24.4.  1.  The welfare division shall, within the limitations of available funding, establish a program which promotes the self-sufficiency of a natural father whose paternity is presumed pursuant to NRS 126.051, or a noncustodial parent of a child for whom benefits are being received by a household.

      2.  If a natural father whose paternity is presumed pursuant to NRS 126.051, or a noncustodial parent of a child for whom benefits are being received by a household chooses to participate in the program established pursuant to subsection 1, the welfare division may, within the limitations of available funding, increase the amount of benefits provided to the head of the household on behalf of the child.

      Sec. 24.6.  The welfare division shall, through its regional offices, encourage public and private entities to provide employment opportunities for members of households that are receiving benefits.

      Sec. 24.8.  1.  The chief of the program for the enforcement of child support of the welfare division or his designee may enforce a court order for the support of a child against the parents of a noncustodial parent of a child if:

      (a) The custodial parent and noncustodial parent of the child are both less than 18 years of age; and

      (b) The custodial parent of the child is a member of a household that is receiving benefits pursuant to the program to provide temporary assistance for needy families.

      2.  If the chief or his designee enforces a court order against the parents of a noncustodial parent pursuant to subsection 1, the parents of the noncustodial parent are jointly and severally liable for the payments required pursuant to the order.

      Sec. 25.  Notwithstanding any other provision of this chapter, if the welfare division determines that:

      1.  The head of a household is a victim of domestic violence pursuant to section 7 of this act; and

      2.  Requiring the head of the household to comply with the requirements of this chapter or the regulations adopted pursuant thereto may endanger or threaten the physical safety of the head of the household,

the welfare division may waive those requirements for such a period as it deems appropriate.

      Sec. 26.  NRS 422.001 is hereby amended to read as follows:

      422.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422.005 to 422.055, inclusive, [and] section 2 of [this act,] Assembly Bill No. 13 of this session, and sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 27.  (Deleted by amendment.)


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ê1997 Statutes of Nevada, Page 2233 (Chapter 489, AB 401)ê

 

      Sec. 28.  NRS 422.050 is hereby amended to read as follows:

      422.050  “Public assistance” includes:

      1.  State supplementary assistance;

      2.  [Aid to families with dependent children;] Temporary assistance for needy families;

      3.  Medicaid;

      4.  Food stamp assistance;

      5.  Low-income home energy assistance;

      6.  Low-income weatherization assistance; [and]

      7.  The program for child care and development; and

      8.  Benefits provided pursuant to any other public welfare program administered by the welfare division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.

      Sec. 29.  (Deleted by amendment.)

      Sec. 30.  NRS 422.110 is hereby amended to read as follows:

      422.110  1.  The members of the board [may meet at such times and] shall meet twice each calendar year to consider any issues related to public assistance and other programs for which the welfare division is responsible that may be of importance to members of the general public, the governor or the welfare division, at such places as the board, the chairman of the board, the administrator or the director deems [necessary and a meeting of the board may be held at least once each year.] appropriate.

      2.  Four members of the board constitute a quorum, and a quorum may exercise all the power and authority conferred on the board.

      3.  The board shall [keep] :

      (a) At least 45 days before the date it holds a meeting, provide public notice of the date, time and location of the meeting, in addition to the notice required pursuant to NRS 241.020.

      (b) Keep minutes of [the transactions of each board session, regular or special, which are public records and must be filed] all meetings of the board, which must include records of testimony and written comments presented to the board, and file the minutes with the welfare division. The minutes must be maintained as public records.

      Sec. 31.  NRS 422.140 is hereby amended to read as follows:

      422.140  1.  The board has only those powers and duties authorized by law.

      2.  The board [:

      (a) Shall adopt] shall:

      (a) Adopt regulations for its own management and government.

      (b) [May adopt regulations for]Not later than 90 days after the date it holds a meeting, advise the legislature, if it is in regular session, the governor, the director and the welfare division, based upon any testimony, written comments and other matters considered at the meeting, of any recommendations of the board for legislation or other action relating to the administration of public assistance and other programs for which the welfare division is responsible. [A regulation of the board:

             (1) Must be so formulated or conditioned that it does not require for its operation throughout a fiscal year the expenditure of any money beyond the amounts appropriated or authorized by the legislature for the fiscal year to which it applies.


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ê1997 Statutes of Nevada, Page 2234 (Chapter 489, AB 401)ê

 

the amounts appropriated or authorized by the legislature for the fiscal year to which it applies.

             (2) Must not be inconsistent with any plan, policy or regulation adopted by the administrator:

                   (I) Pursuant to NRS 422.238, without the approval of the board; or

                   (II) Pursuant to NRS 422.180, 422.237, 422.265, 422.373 or 422.377.

             (3) Becomes effective upon adoption or such other date as the board specifies in the regulation.

      (c) Shall advise and make recommendations to the director or the legislature relative to the public welfare policy of the state.

      3.  The administrator shall execute and enforce the regulations of the board.]

      Sec. 32.  NRS 422.141 is hereby amended to read as follows:

      422.141  1.  Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the welfare division is responsible, the [board] administrator shall give at least 30 days’ notice of [its] his intended action.

      2.  The notice of intent to act upon a regulation must:

      (a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.

      (b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.

      (c) State each address at which the text of the proposed regulation may be inspected and copied.

      (d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the [board] administrator for that purpose.

      3.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. The [board] administrator shall consider fully all oral and written submissions relating to the proposed regulation.

      4.  The [board] administrator shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to this section in the manner provided in subsections 1 and 2 of NRS 241.035.

      5.  The [board] administrator may record each public hearing held pursuant to this section and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035.

      6.  No objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date.

      Sec. 33.  NRS 422.180 is hereby amended to read as follows:

      422.180  The administrator:

      1.  Shall serve as the executive officer of the welfare division.


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ê1997 Statutes of Nevada, Page 2235 (Chapter 489, AB 401)ê

 

      2.  Shall establish policies for the administration of the programs of the welfare division [,] and shall administer all activities and services of the welfare division in accordance with those policies and any regulations of the administrator , [or the board,] subject to administrative supervision by the director.

      3.  Is responsible for the management of the welfare division.

      Sec. 34.  NRS 422.236 is hereby amended to read as follows:

      422.236  1.  As part of the health and welfare programs of this state, the welfare division may provide prenatal care to pregnant women who are indigent, or may contract for the provision of that care, at public or nonprofit hospitals in this state.

      2.  The welfare division shall provide to each person licensed to engage in social work pursuant to chapter 641B of NRS, each applicant for Medicaid and any other interested person, information concerning the prenatal care available pursuant to this section.

      3.  The welfare division shall adopt regulations setting forth criteria of eligibility and rates of payment for prenatal care provided pursuant to the provisions of this section, and such other provisions relating to the development and administration of the program for prenatal care as the administrator [and the board deem] deems necessary.

      Sec. 35.  NRS 422.237 is hereby amended to read as follows:

      422.237  1.  The administrator shall adopt each state plan required by the Federal Government, either directly or as a condition to the receipt of federal money, for the administration of any public assistance or other program for which the welfare division is responsible. Such a plan must set forth, regarding the particular program to which the plan applies:

      (a) The requirements for eligibility;

      (b) The nature and amounts of grants and other assistance which may be provided;

      (c) The conditions imposed; and

      (d) Such other provisions relating to the development and administration of the program as the administrator deems necessary.

Such a plan becomes effective upon adoption or such other date as the administrator specifies in the plan.

      2.  In developing and revising such a plan, the administrator shall consider, among other things:

      (a) The amount of money available from the Federal Government;

      (b) The conditions attached to the acceptance of that money; and

      (c) The limitations of legislative appropriations and authorizations,

for the particular program to which the plan applies.

      3.  The welfare division shall [comply] :

      (a) Make available to members of the general public a summary of the state plan for temporary assistance for needy families established pursuant to this section; and

      (b) Comply with each state plan adopted pursuant to this section.

      Sec. 36.  NRS 422.238 is hereby amended to read as follows:

      422.238  1.  The administrator [:

      (a) Shall propose] may adopt such regulations as are necessary for the administration of NRS 422.070 to 422.410, inclusive [; and


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ê1997 Statutes of Nevada, Page 2236 (Chapter 489, AB 401)ê

 

      (b) May propose regulations to administer] , sections 6 to 25, inclusive, of this act and any program of the welfare division.

      2.  [The administrator may adopt any regulation proposed pursuant to this section which:

      (a) Is approved by the board;

      (b) Is required by the Federal Government, either directly or as a condition to the receipt of federal money, for the administration of any program of the welfare division; or

      (c) The director of the department of administration and the administrator determine is necessary to avoid the expenditure of any money beyond the amounts appropriated or authorized by the legislature for the fiscal year to which the regulation applies.

      3.]  A regulation adopted by the administrator becomes effective upon adoption or such other date as the administrator specifies in the regulation.

      Sec. 36.5.  NRS 422.240 is hereby amended to read as follows:

      422.240  1.  Money to carry out the provisions of NRS 422.070 to 422.410, inclusive, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide temporary assistance for needy families and the program for child care and development, must be provided by appropriation by the legislature from the state general fund.

      2.  Disbursements for the purposes of NRS 422.070 to 422.410, inclusive, must be made upon claims duly filed, audited and allowed in the same manner as other money in the state treasury is disbursed.

      Sec. 37.  NRS 422.270 is hereby amended to read as follows:

      422.270  The department , through the welfare division , shall:

      1.  Except as otherwise provided in NRS 432.010 to 432.085, inclusive, administer all public welfare programs of this state, including:

      (a) State supplementary assistance;

      (b) [Aid to families with dependent children;] Temporary assistance for needy families;

      (c) Medicaid;

      (d) Food stamp assistance;

      (e) Low-income home energy assistance;

      (f) Low-income weatherization assistance;

      (g) The program for child care and development;

      (h) The program for the enforcement of child support; and

      [(h)](i) Other welfare activities and services provided for by the laws of this state.

      2.  Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any of the services and activities set forth in subsection 1.

      3.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the welfare division in carrying out the provisions of NRS


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ê1997 Statutes of Nevada, Page 2237 (Chapter 489, AB 401)ê

 

422.070 to 422.410, inclusive [.] , and sections 6 to 25, inclusive, of this act.

      4.  Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.

      5.  Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the administrator.

      6.  Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.

      Sec. 38.  (Deleted by amendment.)

      Sec. 39.  NRS 422.2935 is hereby amended to read as follows:

      422.2935  1.  Except as otherwise provided in this section, the welfare division shall, to the extent it is not prohibited by federal law and when circumstances allow:

      (a) Recover benefits correctly paid for Medicaid from:

             (1) The undivided estate of the person who received those benefits; and

             (2) Any recipient of money or property from the undivided estate of the person who received those benefits.

      (b) Recover from the recipient of Medicaid or the person who signed the application for Medicaid on behalf of the recipient an amount not to exceed the benefits incorrectly paid to the recipient if the person who signed the application:

             (1) Failed to report any required information to the welfare division which he knew at the time he signed the application; or

             (2) Failed within the period allowed by the welfare division to report any required information to the welfare division which he obtained after he filed the application.

      2.  The welfare division shall not recover benefits pursuant to paragraph (a) of subsection 1, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.

      3.  Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of Medicaid is made for less than fair market value, the welfare division may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.

      4.  The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age or is blind or permanently and totally disabled.

      5.  The administrator may elect not to file a claim against the estate of a recipient of Medicaid or his spouse if he determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient.


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ê1997 Statutes of Nevada, Page 2238 (Chapter 489, AB 401)ê

 

recipient. The [board] administrator shall adopt regulations defining the circumstances that constitute an undue hardship.

      6.  Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.

      7.  An action to recover money owed to the department of human resources as a result of the payment of benefits for Medicaid must be commenced within 6 months after the cause of action accrues. A cause of action accrues after all of the following events have occurred:

      (a) The death of the recipient of Medicaid;

      (b) The death of the surviving spouse of the recipient of Medicaid;

      (c) The death of all children of the recipient of Medicaid who are blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; and

      (d) The arrival of all other children of the recipient of Medicaid at the age of 21 years.

      Sec. 40.  NRS 422.294 is hereby amended to read as follows:

      422.294  1.  Subject to the provisions of subsection 2, if an application for public assistance is not acted upon by the welfare division within a reasonable time after the filing of the application, or is denied in whole or in part, or if any grant of public assistance is [modified or canceled, or if an applicant for or recipient of public assistance believes that any other action or failure to act on the part of the welfare division is erroneous with respect to his case,] reduced, suspended or terminated, the applicant for or recipient of public assistance may appeal to the welfare division and may be represented in the appeal by counsel or other representative of his choice.

      2.  Upon the initial decision to deny, [modify or cancel] reduce, suspend or terminate public assistance, the welfare division shall notify that applicant or recipient of its decision, the regulations involved and his right to request a hearing within a certain period. If a request for a hearing is received within that period, the welfare division shall notify that person of the time, place and nature of the hearing. The welfare division shall provide an opportunity for a [fair] hearing of that appeal and shall review his case regarding all matters alleged in that appeal.

      3.  The welfare division is not required to grant a hearing pursuant to this section if the request for the hearing is based solely upon the provisions of a federal law or a law of this state that requires an automatic adjustment to the amount of public assistance that may be received by an applicant or recipient.

      Sec. 41.  NRS 422.298 is hereby amended to read as follows:

      422.298  1.  A decision or order [adverse to an applicant for or recipient of public assistance] issued by a hearing officer must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory or regulatory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the decision or order must be delivered by certified mail [forthwith] to each party and to his attorney or other representative.


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ê1997 Statutes of Nevada, Page 2239 (Chapter 489, AB 401)ê

 

decision or order must be delivered by certified mail [forthwith] to each party and to his attorney or other representative.

      2.  [A person aggrieved by the final decision of the welfare division with respect to] The welfare division or an applicant for or recipient of public assistance may, at any time within 90 days after the date on which the written notice of the decision is mailed, petition the district court of the judicial district in which [he] the applicant for or recipient of public assistance resides to review the decision. The district court shall review the decision on the record of the case before the [welfare division, a copy of which] hearing officer. The decision and record must be certified as correct and filed with the clerk of the court by the administrator . [and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review.]

      Sec. 42.  NRS 422.377 is hereby amended to read as follows:

      422.377  The administrator:

      1.  Shall adopt regulations for [:

      (a) The] the administration of the [plan; and

      (b) The determination of eligibility of a recipient to participate in any part of the plan;] program;

      2.  Shall report to the interim finance committee quarterly concerning the regulations adopted by the welfare division for the administration of the program;

      3.  May contract with any state or private agency to provide any of the services of the [plan;] program; and

      [3.]4.  May receive a grant of money from the Federal Government or any other source to defray the costs of the [plan.] program.

      Sec. 43.  NRS 422.410 is hereby amended to read as follows:

      422.410  1.  Unless a different penalty is provided pursuant to NRS 422.361 to 422.369, inclusive, or 422.450 to 422.580, inclusive, a person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance having a value of $100 or more, whether by one act or a series of acts, with the intent to cheat, defraud or defeat the purposes of this chapter is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  For the purposes of subsection 1, whenever a recipient of [aid to families with dependent children under] temporary assistance for needy families pursuant to the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.

      3.  For the purposes of subsection 1, “public assistance” includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.


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ê1997 Statutes of Nevada, Page 2240 (Chapter 489, AB 401)ê

 

      Sec. 44.  Chapter 425 of NRS is hereby amended by adding thereto the provisions set forth as sections 45 to 76, inclusive, of this act.

      Sec. 45.  “Enforcing authority” means the division, its designated representative or the prosecuting attorney.

      Sec. 46.  “State” has the meaning ascribed to it in NRS 130.0432.

      Sec. 47.  1.  To the extent that any provision of this chapter is inconsistent with the provisions of 28 U.S.C. § 1738B regarding the effect, enforcement or modification of an order relating to the support of a child issued by a court other than a court of this state, the provision of this chapter does not apply to the order. The enforcement and any modification of such an order must comply with the provisions of 28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.

      2.  For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.

      Sec. 48.  1.  The administrator shall adopt such regulations as are required pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.), either directly or as a condition to the receipt of federal money, to:

      (a) Protect the privacy of persons involved in any action or proceeding for the establishment of paternity or the establishment or enforcement of an obligation for the support of a child; and

      (b) Place appropriate restrictions on the custody, preservation, use and disclosure of any confidential information obtained by the enforcing authority in the course of such an action or proceeding or otherwise pursuant to this chapter.

      2.  The regulations adopted pursuant to this section must include, without limitation:

      (a) Safeguards against the unauthorized use or disclosure of information relating to such an action or proceeding.

      (b) Prohibitions against the release of information regarding the location of a party to such an action or proceeding to another party:

             (1) Against whom a protective order with respect to the former party has been entered; or

             (2) If the enforcing authority has reason to believe that the release of the information may result in physical or emotional harm to the former party.

      3.  Each enforcing authority shall comply with and enforce the regulations adopted pursuant to this section.

      Sec. 49.  The administrator may adopt such regulations and take such actions as are necessary to carry out the provisions of this chapter.

      Secs. 50 and 51.  (Deleted by amendment.)

      Sec. 52.  Upon the motion of a party in a proceeding to establish paternity, the master shall issue a recommendation for the temporary support of the dependent child pending the resolution of the proceedings if the master determines that there is clear and convincing evidence that the person to whom the recommendation is issued is the father of the child.


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ê1997 Statutes of Nevada, Page 2241 (Chapter 489, AB 401)ê

 

      Secs. 53-68.  (Deleted by amendment.)

      Sec. 69.  1.  The division shall adopt regulations establishing a formula for:

      (a) The adjustment of court orders for the support of children based upon changes in the cost of living; and

      (b) The times at which such an adjustment is appropriate.

      2.  If a request for the review of a court order for the support of a child has not been filed pursuant to NRS 125B.145 for such a time as the division establishes pursuant to subsection 1, the chief may, as provided in this section, order the responsible parent to pay monthly the amount he is required to pay pursuant to the court order plus an additional amount to compensate for changes in the cost of living.

      3.  Upon request by the responsible parent, the person to whom support is owed or the enforcing authority, the chief shall:

      (a) Determine, in accordance with the formula established pursuant to subsection 1, the amount of the additional payments; and

      (b) Notify the responsible parent, by first-class mail to his last known address, of the amount of the additional payments and that the additional payments must be made within 30 days after the mailing of the notice to the parent unless a request for a review of the court order is filed pursuant to NRS 125B.145 within that time.

      4.  If a request for a review of the court order:

      (a) Is filed pursuant to NRS 125B.145 within those 30 days, the court shall proceed pursuant to that section and the chief shall not enter an order pursuant to this section.

      (b) Is not filed pursuant to NRS 125B.145 within those 30 days, the chief shall order the responsible parent to pay the additional amount.

      5.  An order entered by the chief pursuant to this section expires upon modification or adjustment, pursuant to NRS 125B.145, of the court order upon which the order entered by the chief is based.

      6.  The provisions of NRS 125B.080 do not apply to the entry of an order by the chief pursuant to this section.

      7.  As used in this section, “court order” means an order that a court of this state has jurisdiction to modify pursuant to 28 U.S.C. § 1738B.

      Sec. 70.  1.  The administrator shall enter into agreements with financial institutions doing business in this state to coordinate the development and operation of a system for matching data, using automated exchanges of data to the maximum extent feasible.

      2.  A financial institution doing business in this state shall:

      (a) Cooperate with the administrator in carrying out subsection 1.

      (b) Use the system to provide to the division for each calendar quarter the name, address of record, social security number or other number assigned for taxpayer identification, and other identifying information for each responsible parent who maintains an account at the financial institution, as identified by the division by name and social security number or other number assigned for taxpayer identification.

      (c) In response to the receipt from the division of:

             (1) Notification of a lien against a responsible parent which:

                   (I) Arises pursuant to section 166 of this act; or


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ê1997 Statutes of Nevada, Page 2242 (Chapter 489, AB 401)ê

 

                   (II) Is entitled to full faith and credit pursuant to section 167 of this act,

encumber such assets held by the financial institution on behalf of the responsible parent as may be required by the chief.

             (2) A notice of attachment pursuant to subsection 2 of section 72 of this act, surrender to the chief such assets held by the financial institution on behalf of the responsible parent as may be required by the chief.

      (d) Except as otherwise provided in paragraph (c), in response to the receipt of notice of a lien which is entitled to full faith and credit pursuant to section 167 of this act or notice of a levy on such a lien, encumber or surrender, as the case may be, such assets held by the financial institution on behalf of the responsible parent as may be required to enforce the lien.

A financial institution doing business in this state which receives from the division a notice of lien, notice of attachment or notice of levy on a lien is not required to encumber or surrender any assets received by the financial institution on behalf of the responsible parent after the financial institution received the notice of lien, notice of attachment or notice of levy on a lien.

      3.  A financial institution may not be held liable in any civil or criminal action for:

      (a) Any disclosure of information to the division pursuant to this section.

      (b) Encumbering or surrendering any assets held by the financial institution pursuant to this section.

      (c) Any other action taken in good faith to comply with the requirements of this section.

      4.  If a court issues an order to return to a responsible parent any assets surrendered by a financial institution pursuant to subsection 2, the division is not liable to the responsible parent for any of those assets that have been provided to another person or agency in accordance with the order for the payment of support.

      Sec. 71.  (Deleted by amendment.)

      Sec. 72.  1.  The chief shall send a notice by first-class mail to each responsible parent who is in arrears in any payment for the support of one or more children required pursuant to an order enforced by a court in this state. The notice must include a statement of the amount of the arrearage and the information prescribed in subsection 2.

      2.  If the responsible parent does not satisfy the arrearage within 20 days after he receives the notice required by subsection 1, the chief may, to collect the arrearage owed:

      (a) Require the responsible parent to pay monthly the amount he is required to pay pursuant to the order for support plus an additional amount to satisfy the arrearage; or

      (b) Issue a notice of attachment to the financial institutions in which the assets of the responsible parent are held and attach and seize such assets as are necessary to satisfy the arrearage.

      3.  If the chief proceeds to collect an arrearage pursuant to subsection 2, he shall notify the responsible parent of that fact in writing. The notice must be sent by first-class mail.


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ê1997 Statutes of Nevada, Page 2243 (Chapter 489, AB 401)ê

 

      4.  The chief shall determine the amount of any additional payment required pursuant to paragraph (a) of subsection 2 based upon the amount of the arrearage owed by the responsible parent and his ability to pay.

      5.  A responsible parent against whom the division proceeds pursuant to subsection 2 may, within 20 days after he receives the notice required pursuant to subsection 3, submit to the chief a request for a hearing.

      6.  If a hearing is requested within the period prescribed in subsection 5, the hearing must be held pursuant to NRS 425.3832 within 20 days after the chief receives the request. The master shall notify the responsible parent of his recommendation or decision at the conclusion of the hearing or as soon thereafter as is practicable.

      7.  For the purposes of this section, a person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at his last known address.

      Sec. 73.  1.  If the division determines that a responsible parent has made a fraudulent transfer of property for which an action for relief may be brought pursuant to chapter 112 of NRS, the division shall:

      (a) Seek to avoid the transfer pursuant to NRS 112.210 or 112.220; or

      (b) Obtain any other relief available pursuant to NRS 112.210 that is in the best interests of the child for whom the support is owed.

      2.  The division shall adopt regulations establishing the procedures necessary to carry out the provisions of this section.

      Sec. 74.  1.  The chief may request the following information to carry out the provisions of this chapter:

      (a) The records of the following public officers and state, county and local agencies:

             (1) The state registrar of vital statistics;

             (2) Agencies responsible for maintaining records relating to state and local taxes and revenue;

             (3) Agencies responsible for keeping records concerning real property and personal property for which a title must be obtained;

             (4) All boards, commissions and agencies that issue occupational or professional licenses, certificates or permits;

             (5) The secretary of state;

             (6) The employment security division of the department;

             (7) Agencies that administer public assistance;

             (8) The department of motor vehicles and public safety;

             (9) The department of prisons; and

             (10) Law enforcement agencies and any other agencies that maintain records of criminal history.

      (b) The names and addresses of:

             (1) The customers of public utilities and community antenna television companies; and

             (2) The employers of the customers described in subparagraph (1).

      (c) Information in the possession of financial institutions relating to the assets, liabilities and any other details of the finances of a person.

      (d) Information in the possession of a public or private employer relating to the employment, compensation and benefits of a person employed by the employer as an employee or independent contractor.


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ê1997 Statutes of Nevada, Page 2244 (Chapter 489, AB 401)ê

 

      2.  If a person or other entity fails to supply the information requested pursuant to subsection 1, the administrator may issue a subpoena to compel the person or entity to provide that information. A person or entity who fails to comply with a request made pursuant to subsection 1 is subject to a civil penalty not to exceed $500 for each failure to comply.

      3.  A disclosure made in good faith pursuant to subsection 1 does not give rise to any action for damages for the disclosure.

      Sec. 75.  1.  After paternity is alleged pursuant to NRS 425.3826, and a written response denying paternity and requesting a hearing is received by the chief pursuant to paragraph (g) of subsection 1 of NRS 425.3824, the chief shall order blood tests or tests for the genetic identification of the child, mother and alleged father if the child, mother or alleged father submits to the chief a written statement signed under oath which:

      (a) Alleges paternity and sets forth facts establishing a reasonable possibility that the mother and the alleged father had sexual intercourse at or about the probable time of conception; or

      (b) Denies paternity and sets forth facts establishing a reasonable possibility that the mother and the alleged father did not have sexual intercourse at or about the probable time of conception.

      2.  Except as otherwise provided in subsection 3, the division shall pay the costs of any tests conducted pursuant to this section. If the district court approves a recommendation establishing the paternity of a child pursuant to NRS 425.3844, the father shall reimburse the division for the costs of those tests.

      3.  If the child, mother or alleged father contests the results of a test conducted pursuant to this section, the division shall order the parties to submit to additional testing upon the payment of the costs of the additional tests by the contesting party.

      Sec. 76.  An order entered by a district court approving a recommendation for the support of a dependent child made by a master or an order entered by a district court pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act must contain the social security numbers of the parents or legal guardians of the child.

      Sec. 77.  NRS 425.260 is hereby amended to read as follows:

      425.260  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 425.270 to 425.330, inclusive, and sections 45 and 46 of this act, have the meanings ascribed to them in those sections.

      Sec. 78.  NRS 425.289 is hereby amended to read as follows:

      425.289  “Court” means the district court or any judicial or administrative procedure established in this or any other state [or territory or the District of Columbia] to facilitate the collection of an obligation for the support of a child.

      Sec. 79.  NRS 425.295 is hereby amended to read as follows:

      425.295  “Debt” means the amount of money owed as support for a dependent child pursuant to [an] :

      1.  An order of a court of competent jurisdiction of this or any other state ; or [a]


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ê1997 Statutes of Nevada, Page 2245 (Chapter 489, AB 401)ê

 

      2.  A recommendation entered by the master pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act, and approved by the district court.

      Sec. 80.  NRS 425.318 is hereby amended to read as follows:

      425.318  “Program” means the program [for the enforcement of child support of the division.] established to locate absent parents, establish paternity and obtain child support pursuant to Part D of Title IV of the Social Security Act (42 U.S.C. §§ 651 et seq.) and other provisions of that act relating to the enforcement of child support.

      Sec. 81.  NRS 425.340 is hereby amended to read as follows:

      425.340  It is the purpose of [NRS 425.260 to 425.440, inclusive,] this chapter that children be promptly maintained insofar as possible from the resources of responsible parents. The remedies provided in [NRS 425.260 to 425.440, inclusive,] this chapter are cumulative and in addition to any other remedy provided by law.

      Sec. 82.  NRS 425.345 is hereby amended to read as follows:

      425.345  To the extent they are not inconsistent with the provisions of this chapter, the provisions of chapter 31A, 125B , 126 and 130 of NRS apply to a hearing held pursuant to the provisions of this chapter.

      Sec. 82.5.  NRS 425.345 is hereby amended to read as follows:

      425.345  To the extent they are not inconsistent with the provisions of this chapter, the provisions of chapters 31A, 125B [, 126 and 130] and 126 of NRS apply to a hearing held pursuant to the provisions of this chapter.

      Sec. 83.  NRS 425.347 is hereby amended to read as follows:

      425.347  1.  A governmental entity which issues a license to do business in this state shall, upon request of the division, submit to the division information regarding the name , [and] address and social security number of each natural person who holds such a license and any pertinent changes in that information.

      2.  A board or commission which issues occupational or professional licenses , certificates or permits pursuant to Title 54 of NRS shall, upon request of the division, submit to the division information regarding the name , [and] address and social security number of each person who holds such a license , certificate or permit and any pertinent changes in that information.

      3.  The division shall periodically provide the information obtained pursuant to this section to the district attorneys and other public agencies in this state collecting support for children.

      Sec. 84.  NRS 425.348 is hereby amended to read as follows:

      425.348  1.  Each district attorney or other public agency in this state collecting support for children shall compare the information received pursuant to NRS 425.347 against its cases to identify any person who is in arrears and holds such a license , certificate or permit.

      2.  The district attorney or other public agency shall notify each person so identified, by first-class mail, to give him an opportunity to satisfy the claim before notice is given to the issuer of the license , certificate or permit of the arrearage.

      3.  If the person does not satisfy the arrearage, the district attorney or other public agency shall report the fact of the arrearage to the issuer of the license , certificate or permit.


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ê1997 Statutes of Nevada, Page 2246 (Chapter 489, AB 401)ê

 

license , certificate or permit. The division shall similarly notify the issuer of the license , certificate or permit when the person thereafter pays the arrearage or otherwise satisfies the claim.

      Sec. 85.  NRS 425.350 is hereby amended to read as follows:

      425.350  1.  A parent has duties to support his children which include any duty arising by law or under a court order.

      2.  If a court order specifically provides that no support for a child is due, the order applies only to those facts upon which the decision was based.

      3.  By accepting assistance in his own behalf or in behalf of any other person, the applicant or recipient shall be deemed to have made an assignment to the division of all rights to support from any other person which the applicant or recipient may have in his own behalf or in behalf of any other member of the family for whom the applicant or recipient is applying for or receiving assistance. [Rights] Except as otherwise required by federal law or as a condition to the receipt of federal money, rights to support include, but are not limited to, accrued but unpaid payments for support and payments for support to accrue during the period for which assistance is provided. The amount of the assigned rights to support must not exceed the amount of public assistance provided or to be provided. If a court order exists for the support of a child on whose behalf public assistance is received, the division shall attempt to notify a located responsible parent as soon as possible after assistance begins that the child is receiving public assistance. If there is no court order for support, the division shall with service of process serve notice on the responsible parent in the manner prescribed in subsection 2 of NRS 425.3822 within 90 days after the date on which the responsible parent is located.

      4.  The recipient shall be deemed, without the necessity of signing any document, to have appointed the administrator as his attorney in fact with power of substitution to act in his name and to endorse all drafts, checks, money orders or other negotiable instruments representing payments for support which are received as reimbursement for the public assistance previously paid to or on behalf of each recipient.

      5.  The rights of support assigned under subsection 3 constitute a debt for support owed to the division by the responsible parent. The debt for support is enforceable by any remedy provided by law. The division, through the prosecuting attorney, may also [represent the recipient] collect payments of support when the amount of the rights of support exceeds the amount of the debt for support.

      6.  The assignment provided for in subsection 3 is binding upon the responsible parent upon service of notice of the assignment. After notification, payments by the responsible parent to anyone other than the division must not be credited toward the satisfaction of the debt for support. Service of notice is complete upon:

      (a) The mailing, by first-class mail, of the notice to the responsible parent at his last known address;

      (b) Service of the notice in the manner provided for service of civil process; or

      (c) Actual notice.


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ê1997 Statutes of Nevada, Page 2247 (Chapter 489, AB 401)ê

 

      Sec. 85.5.  NRS 425.360 is hereby amended to read as follows:

      425.360  1.  Any payment of public assistance pursuant to this chapter creates a debt for support to the division by the responsible parent, whether or not the parent received prior notice that his child was receiving public assistance.

      2.  The division is entitled to the amount to which a dependent child or a person having the care, custody and control of a dependent child would have been entitled for support , to the extent of the assignment of those rights to support pursuant to NRS 425.350, and may prosecute or maintain any action for support or execute any administrative remedy existing under the laws of this state to obtain reimbursement of money expended for public assistance from any liable third party, including an insurer, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.A. § 1167(1)), service benefit plan, or health maintenance organization. If a court enters judgment for an amount of support to be paid by a responsible parent, the division is entitled to the amount of the debt created by that judgment to the extent of [public assistance paid,] the assignment of rights to support pursuant to NRS 425.350, and the judgment awarded shall be deemed to be in favor of the division [.] to that extent. This entitlement applies to, but is not limited to , a temporary order for spousal support, a family maintenance order or an alimony order, whether or not allocated to the benefit of the child on the basis of providing necessaries for the caretaker of the child, up to the amount paid by the division in public assistance to or for the benefit of a dependent child. The division may petition the appropriate court for modification of its order on the same grounds as a party to the action.

      3.  If there is no court order for support, or if the order provides that no support is due but the facts on which the order was based have changed, the amount due is the amount computed pursuant to NRS 125B.070 and 125B.080, using the Nevada average wage, determined by the employment security division of the department of employment, training and rehabilitation, if the gross income of the responsible parent cannot be otherwise ascertained.

      4.  Debts for support may not be incurred by a parent or any other person who is the recipient of public assistance for the benefit of a dependent child for the period when the parent or other person is a recipient.

      Sec. 86.  NRS 425.370 is hereby amended to read as follows:

      425.370  1.  Whenever the division provides public assistance on behalf of a child, the division and the prosecuting attorney shall take appropriate action to [establish paternity and to enforce the responsible parent’s duty to pay for the care, support and maintenance of the dependent] carry out the program with regard to that child.

      2.  As to any other child , [under the age of 18 years,] the division and the prosecuting attorney [, if] shall, when such action is required by the Social Security Act (42 U.S.C. §§ 301 et seq.), [upon application therefor, may] take appropriate action to [establish paternity and to enforce the responsible parent’s duty of support.] carry out the program.


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ê1997 Statutes of Nevada, Page 2248 (Chapter 489, AB 401)ê

 

      Sec. 87.  NRS 425.380 is hereby amended to read as follows:

      425.380  1.  The district attorney is responsible for establishing paternity and securing support pursuant to [NRS 425.260 to 425.440, inclusive,] this chapter in cases referred by the division.

      2.  The attorney general may assist any district attorney upon request.

      3.  If a district attorney fails or refuses to perform this duty in a particular case in which assistance is granted, or in which the establishment of paternity or enforcement of support is required, the attorney general may undertake to perform this duty and may exercise in connection therewith all powers of the district attorney provided by law.

      Sec. 88.  NRS 425.382 is hereby amended to read as follows:

      425.382  1.  [The] Except as otherwise provided in section 47 of this act, the chief may proceed pursuant to NRS [425.382] 425.3822 to 425.3852, inclusive, and section 52 of this act after:

      (a) Payment of public assistance by the division [.] ; or

      (b) Receipt of [an application] a request for services [for enforcement pursuant to NRS 125B.150 by a person who is not receiving public assistance.

      (c) Receipt of a written request for enforcement of an obligation for support of a dependent child from an agency of another state responsible for administering the Federal Child Support Enforcement Program Act (42 U.S.C. §§ 651 et seq.).] to carry out the program.

      2.  Subject to approval by the district court [, the] and except as otherwise provided in 28 U.S.C. § 1738B and section 47 of this act, a master may:

      (a) [Establish, modify and terminate an amount of support for a dependent child;] Issue and enforce an order for the support of a dependent child, and modify or adjust such an order in accordance with NRS 125B.145;

      (b)Require coverage for health care of a dependent child;

      (c) Establish paternity; [and

      (d) Collect support for a dependent child.

      3.  The administrator may, pursuant to NRS 422.238, adopt such regulations and take such actions as necessary to carry out the provisions of NRS 425.382 to 425.3852, inclusive.]

      (d) Order a responsible parent to comply with an order for the support of a dependent child, specifying the amount and the manner of compliance;

      (e) Order the withholding of income;

      (f) Determine the amount of any arrearages and specify a method of payment;

      (g) Enforce orders by civil or criminal contempt, or both;

      (h) Set aside property for satisfaction of an order for the support of a dependent child;

      (i) Place liens and order execution on the property of the responsible parent;

      (j) Order a responsible parent to keep the master informed of his current residential address, telephone number, employer, address of employment and telephone number at the place of employment;


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ê1997 Statutes of Nevada, Page 2249 (Chapter 489, AB 401)ê

 

      (k) Issue a bench warrant for a responsible parent who has failed after proper notice to appear at a hearing ordered by the master and enter the bench warrant in any local and state computer system for criminal warrants;

      (l) Order the responsible parent to seek appropriate employment by specified methods;

      (m) Upon the request of the division, require a responsible parent to:

             (1) Pay any support owed in accordance with a plan approved by the division; or

             (2) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the division deems appropriate;

      (n) Award reasonable attorney’s fees and other fees and costs; and

      (o) Grant any other available remedy.

      Sec. 88.5.  NRS 425.382 is hereby amended to read as follows:

      425.382  1.  Except as otherwise provided in section 47 of this act, the chief may proceed pursuant to NRS 425.3822 to 425.3852, inclusive, and section 52 of this act after:

      (a) Payment of public assistance by the division; or

      (b) Receipt of a request for services to carry out the program.

      2.  Subject to approval by the district court , [and except as otherwise provided in 28 U.S.C. § 1738B and section 47 of this act,] a master may:

      (a) Take any action authorized pursuant to chapter 130 of NRS, including any of the actions described in subsection 2 of section 237 of this act.

      (b) Except as otherwise provided in chapter 130 of NRS and section 47 of this act:

             (1) Issue and enforce an order for the support of a dependent child, and modify or adjust such an order in accordance with NRS 125B.145;

      [(b)](2) Require coverage for health care of a dependent child;

      [(c)](3) Establish paternity;

      [(d)](4) Order a responsible parent to comply with an order for the support of a dependent child, specifying the amount and the manner of compliance;

      [(e)](5) Order the withholding of income;

      [(f)](6) Determine the amount of any arrearages and specify a method of payment;

      [(g)](7) Enforce orders by civil or criminal contempt, or both;

      [(h)](8) Set aside property for satisfaction of an order for the support of a dependent child;

      [(i)](9) Place liens and order execution on the property of the responsible parent;

      [(j)](10) Order a responsible parent to keep the master informed of his current residential address, telephone number, employer, address of employment and telephone number at the place of employment;

      [(k)](11) Issue a bench warrant for a responsible parent who has failed after proper notice to appear at a hearing ordered by the master and enter the bench warrant in any local and state computer system for criminal warrants;


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ê1997 Statutes of Nevada, Page 2250 (Chapter 489, AB 401)ê

 

      [(l)](12) Order the responsible parent to seek appropriate employment by specified methods;

      [(m)](13) Upon the request of the division, require a responsible parent to:

             [(1)](I) Pay any support owed in accordance with a plan approved by the division; or

            [(2)](II) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the division deems appropriate;

      [(n)](14) Award reasonable attorney’s fees and other fees and costs; and

      [(o)](15) Grant any other available remedy.

      Sec. 89.  NRS 425.3822 is hereby amended to read as follows:

      425.3822  1.  If there is no court order concerning the support of a child entered against the parent from whom support is sought, the chief may issue a notice and finding of financial responsibility after [:

      (a) The division is assigned the right to support;

      (b) The division makes] the division:

      (a) Makes a payment of public assistance;

      [(c) The program receives an application] or

      (b) Receives a request for services [for enforcement pursuant to NRS 125B.150 from a person who is not a recipient of public assistance; or

      (d) The program receives a written request for enforcement of an obligation for support from an agency of another state that is responsible for administering the Federal Child Support Enforcement Act (42 U.S.C. §§ 651 et seq.).] to carry out the program.

      2.  The notice must be served upon the parent in the manner prescribed for service of summons in a civil action or by certified mail, restricted delivery [. A notice that involves the establishment of paternity must be served pursuant to Rule 4 of the Nevada Rules of Civil Procedure or by certified mail, restricted delivery.] , with return receipt requested.

      Sec. 90.  NRS 425.3824 is hereby amended to read as follows:

      425.3824  1.  The notice and finding of financial responsibility [sent] issued pursuant to NRS 425.3822 must include:

      (a) The name of the person who has physical custody of the dependent child and the name of the child for whom support is to be paid.

      (b) A statement of the monthly support for which the parent is responsible.

      (c) [A statement of the debt to a public agency accrued, if public assistance is being paid.

      (d)] A statement of the amount of arrearages sought, if any.

      [(e)](d) A statement that the parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.

      (e)A statement of any requirements the division will request pursuant to paragraph (m) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

      (f)A statement that if the parent desires to discuss the amount of support or coverage for health care that the parent should be required to pay or provide, the parent may contact the office that sent the notice within 20 days after the date of receipt of service and request a conference for negotiation.


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ê1997 Statutes of Nevada, Page 2251 (Chapter 489, AB 401)ê

 

provide, the parent may contact the office that sent the notice within 20 days after the date of receipt of service and request a conference for negotiation.

      (g)A statement that if the parent objects to any part of the notice and finding of financial responsibility, the parent must send to the office that issued the notice a written response within 20 days after the date of receipt of service that sets forth any objections and requests a hearing.

      (h) A statement that if a response is received within the specified period, the parent is entitled to a hearing and that if a written response is not received within the specified period, the master may enter a recommendation for support of a dependent child in accordance with the notice and finding of financial responsibility.

      (i) A statement that as soon as the recommendation is entered and approved by the court, the property of the parent is subject to an [action] attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      (j) A reference to NRS 425.382 to 425.3852, inclusive [.] , and section 52 of this act.

      (k) A statement that the parent is responsible for notifying the office of any change of address or employment.

      (l) A statement that if the parent has any questions, the parent [should telephone or visit] may contact the office or consult an attorney.

      (m) Such other information as the chief finds appropriate.

      2.  The statement of the monthly support required pursuant to paragraph (b) of subsection 1 must be computed in accordance with NRS 125B.070.

      3.  After a conference for negotiation is held pursuant to paragraph (f) of subsection 1, if an agreement is not reached on the monthly support to be paid or the coverage to be provided, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail at his last known address or to the last known address of his attorney.

      Sec. 90.5.  NRS 425.3824 is hereby amended to read as follows:

      425.3824  1.  The notice and finding of financial responsibility issued pursuant to NRS 425.3822 must include:

      (a) The name of the person who has physical custody of the dependent child and the name of the child for whom support is to be paid.

      (b) A statement of the monthly support for which the parent is responsible.

      (c) A statement of the amount of arrearages sought, if any.

      (d) A statement that the parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.

      (e) A statement of any requirements the division will request pursuant to [paragraph (m)] subparagraph (13) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

      (f)A statement that if the parent desires to discuss the amount of support or coverage for health care that the parent should be required to pay or provide, the parent may contact the office that sent the notice within 20 days after the date of receipt of service and request a conference for negotiation.


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ê1997 Statutes of Nevada, Page 2252 (Chapter 489, AB 401)ê

 

days after the date of receipt of service and request a conference for negotiation.

      (g) A statement that if the parent objects to any part of the notice and finding of financial responsibility, the parent must send to the office that issued the notice a written response within 20 days after the date of receipt of service that sets forth any objections and requests a hearing.

      (h) A statement that if a response is received within the specified period, the parent is entitled to a hearing and that if a written response is not received within the specified period, the master may enter a recommendation for support of a dependent child in accordance with the notice and finding of financial responsibility.

      (i) A statement that as soon as the recommendation is entered and approved by the court, the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      (j) A reference to NRS 425.382 to 425.3852, inclusive, and section 52 of this act.

      (k) A statement that the parent is responsible for notifying the office of any change of address or employment.

      (l) A statement that if the parent has any questions, the parent may contact the office or consult an attorney.

      (m) Such other information as the chief finds appropriate.

      2.  The statement of the monthly support required pursuant to paragraph (b) of subsection 1 must be computed in accordance with NRS 125B.070.

      3.  After a conference for negotiation is held pursuant to paragraph (f) of subsection 1, if an agreement is not reached on the monthly support to be paid or the coverage to be provided, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail at his last known address or to the last known address of his attorney.

      Sec. 91.  NRS 425.3828 is hereby amended to read as follows:

      425.3828  1.  If a written response setting forth objections and requesting a hearing is received by the office issuing the notice and finding of financial responsibility within the specified period, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail.

      2.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall include in that recommendation:

      (a) If the paternity of the dependent child is established by the recommendation, a declaration of that fact.

      (b) The amount of monthly support to be paid, including directions concerning the manner of payment.

      (c) [The debt owed to a public agency, if any.

      (d)] The amount of arrearages owed.

      [(e)](d) Whether coverage for health care must be provided for the dependent child.


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ê1997 Statutes of Nevada, Page 2253 (Chapter 489, AB 401)ê

 

      [(f)](e)Any requirements to be imposed pursuant to paragraph (m) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

      (f) The names and social security numbers of the parents or legal guardians of the child.

      (g) The name and social security number of the person to whom, and the name and date of birth of the dependent child for whom support is to be paid.

      [(g)](h) A statement that the property of the parent is subject to [actions] an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      [(h)](i) A statement that objections to the recommendation may be filed with the district court and served upon the other party within 10 days after receipt of the recommendation.

      3.  The parent must be sent a copy of the recommendation for the support of a dependent child by regular mail addressed to the last known address of the parent, or if applicable, the last known address of the attorney for the parent.

      4.  The recommendation for the support of a dependent child is final upon approval by the district court pursuant to NRS 425.3844. The chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.

      5.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, and the master enters a recommendation for the support of a dependent child, the court may grant relief from the recommendation on the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of Civil Procedure.

      Sec. 91.5.  NRS 425.3828 is hereby amended to read as follows:

      425.3828  1.  If a written response setting forth objections and requesting a hearing is received by the office issuing the notice and finding of financial responsibility within the specified period, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail.

      2.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall include in that recommendation:

      (a) If the paternity of the dependent child is established by the recommendation, a declaration of that fact.

      (b) The amount of monthly support to be paid, including directions concerning the manner of payment.

      (c) The amount of arrearages owed.

      (d) Whether coverage for health care must be provided for the dependent child.

      (e) Any requirements to be imposed pursuant to [paragraph (m)] subparagraph (13) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.


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ê1997 Statutes of Nevada, Page 2254 (Chapter 489, AB 401)ê

 

regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

      (f) The names and social security numbers of the parents or legal guardians of the child.

      (g) The name and social security number of the person to whom, and the name and date of birth of the dependent child for whom support is to be paid.

      (h) A statement that the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      (i) A statement that objections to the recommendation may be filed with the district court and served upon the other party within 10 days after receipt of the recommendation.

      3.  The parent must be sent a copy of the recommendation for the support of a dependent child by regular mail addressed to the last known address of the parent, or if applicable, the last known address of the attorney for the parent.

      4.  The recommendation for the support of a dependent child is final upon approval by the district court pursuant to NRS 425.3844. The chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.

      5.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, and the master enters a recommendation for the support of a dependent child, the court may grant relief from the recommendation on the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of Civil Procedure.

      Sec. 92.  NRS 425.383 is hereby amended to read as follows:

      425.383  1.  [At any time after] After the entry of a recommendation for the support of a dependent child by the master that has been approved by the district court, or after entry of an order for the support of a dependent child by a district court regarding which the chief is authorized to proceed pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act, the responsible parent , [or] the person entitled to support or the enforcing authority may move for the amount of the child support being enforced to be modified [.] or adjusted in accordance with NRS 125B.145.

      2.  The motion must:

      (a) Be in writing.

      (b) Set out the reasons for the modification [.] or adjustment.

      (c) State the address of the moving party.

      (d) Be served by the moving party [in the manner prescribed for the service of summons in a civil action] upon the responsible parent or the person entitled to support, as appropriate [.] , by first-class mail to the last known address of that person.

      3.  [If the right to support is assigned to the State of Nevada, the moving party shall:


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ê1997 Statutes of Nevada, Page 2255 (Chapter 489, AB 401)ê

 

      (a) Mail a copy of the motion to the parent or person who has physical custody of the dependent child at the last known address of that person by certified mail; and

      (b) Mail] The moving party shall mail or deliver a copy of the motion and the original return of service to the chief.

      4.  The chief shall set the matter for a hearing within 30 days after the date of receipt of the motion unless a stipulated agreement between the parties is reached. The chief shall send to the parties and person with physical custody of the dependent child a notice of the hearing by [regular mail.] first-class mail to the last known address of those persons.

      5.  A motion for modification or adjustment requested pursuant to this section does not prohibit the chief from enforcing and collecting upon the existing order for support of a dependent child unless so ordered by the district court.

      6.  The only support payments that may be modified or adjusted pursuant to this section are monthly support payments that [accrue after notice of the motion is served.] :

      (a) A court of this state has jurisdiction to modify pursuant to 28 U.S.C. § 1738B; and

      (b) Accrue after the moving party serves notice that a motion has been filed for modification or adjustment.

      7.  The party requesting the modification or adjustment has the burden of showing a change of circumstances and good cause for the modification or adjustment, unless [additional reviews are required pursuant to chapter 125B of NRS.] the request is filed in accordance with subsection 1 of NRS 125B.145.

      Sec. 92.5.  NRS 425.383 is hereby amended to read as follows:

      425.383  1.  After the entry of a recommendation for the support of a dependent child by the master that has been approved by the district court, or after entry of an order for the support of a dependent child by a district court regarding which the chief is authorized to proceed pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act, the responsible parent, the person entitled to support or the enforcing authority may move for the amount of the child support being enforced to be modified or adjusted in accordance with NRS 125B.145.

      2.  The motion must:

      (a) Be in writing.

      (b) Set out the reasons for the modification or adjustment.

      (c) State the address of the moving party.

      (d) Be served by the moving party upon the responsible parent or the person entitled to support, as appropriate, by first-class mail to the last known address of that person.

      3.  The moving party shall mail or deliver a copy of the motion and the original return of service to the chief.

      4.  The chief shall set the matter for a hearing within 30 days after the date of receipt of the motion unless a stipulated agreement between the parties is reached. The chief shall send to the parties and person with physical custody of the dependent child a notice of the hearing by first-class mail to the last known address of those persons.


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ê1997 Statutes of Nevada, Page 2256 (Chapter 489, AB 401)ê

 

      5.  A motion for modification or adjustment requested pursuant to this section does not prohibit the chief from enforcing and collecting upon the existing order for support of a dependent child unless so ordered by the district court.

      6.  The only support payments that may be modified or adjusted pursuant to this section are monthly support payments that:

      (a) A court of this state has jurisdiction to modify pursuant to [28 U.S.C. § 1738B;] chapter 130 of NRS; and

      (b) Accrue after the moving party serves notice that a motion has been filed for modification or adjustment.

      7.  The party requesting the modification or adjustment has the burden of showing a change of circumstances and good cause for the modification or adjustment, unless the request is filed in accordance with subsection 1 of NRS 125B.145.

      Sec. 93.  NRS 425.3832 is hereby amended to read as follows:

      425.3832  1.  Except as otherwise provided in this chapter, a hearing conducted pursuant to NRS [425.3838, hearings] 425.382 to 425.3852, inclusive, and section 52 of this act, must be conducted [:

      (a) Pursuant to the rules of procedure adopted by the district judges of the judicial district in which the hearings are conducted; and

      (b) By a] in accordance with the provisions of this section by a qualified master appointed pursuant to NRS 425.381.

      2.  Subpoenas may be issued by:

      (a) The master.

      (b) The attorney of record for the office.

Obedience to the subpoena may be compelled in the same manner as provided in chapter 22 of NRS.

      [3.]  A witness appearing pursuant to a subpoena, other than a party or an officer or employee of the chief, is entitled to receive the fees and payment for mileage prescribed for a witness in a civil action.

      3.  Except as otherwise provided in this section, the master need not observe strict rules of evidence, but shall apply those rules of evidence prescribed in NRS 233B.123.

      4.  The affidavit of any party who resides outside of the judicial district is admissible as evidence regarding the duty of support, any arrearages and the establishment of paternity. The master may continue the hearing to allow procedures for discovery regarding any matter set forth in the affidavit.

      5.  The physical presence of a person seeking the establishment, enforcement, modification or adjustment of an order for the support of a dependent child or the establishment of paternity is not required.

      6.  A verified petition, an affidavit, a document substantially complying with federally mandated forms and a document incorporated by reference in any of them, not excluded under NRS 51.065 if given in person, is admissible in evidence if given under oath by a party or witness residing outside of the judicial district.

      7.  A copy of the record of payments for the support of a dependent child, certified as a true copy of the original by the custodian of the record, may be forwarded to the master.


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ê1997 Statutes of Nevada, Page 2257 (Chapter 489, AB 401)ê

 

may be forwarded to the master. The copy is evidence of facts asserted therein and is admissible to show whether payments were made.

      8.  Copies of bills for testing for paternity, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 20 days before the hearing, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.

      9.  Documentary evidence transmitted from outside of the judicial district by telephone, telecopier or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.

      10.  The master may permit a party or witness residing outside of the judicial district to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location outside of the judicial district. The master shall cooperate with courts outside of the judicial district in designating an appropriate location for the deposition or testimony.

      11.  If a party called to testify at a hearing refuses to answer a question on the ground that the testimony may be self-incriminating, the master may draw an adverse inference from the refusal.

      12.  A privilege against the disclosure of communications between husband and wife does not apply.

      13.  The defense of immunity based on the relationship of husband and wife or parent and child does not apply.

      Sec. 94.  NRS 425.3834 is hereby amended to read as follows:

      425.3834  1.  Upon issuance by a district court of an order approving a recommendation [for support of a dependent child,] entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act, the chief shall enforce and collect upon the order, including arrearages.

      2.  A recommendation [for support of a dependent child issued by the master] entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act, is final upon approval by the district court pursuant to NRS 425.3844. Upon such approval, the recommendation is in full force and effect while any judicial review is pending unless the recommendation is stayed by the district court.

      3.  The district court may review , [a recommendation for support of a dependent child issued by a master] pursuant to the rules adopted therefor by the district judges of the judicial district in which the court is located [.] , a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act.

      Sec. 95.  NRS 425.3836 is hereby amended to read as follows:

      425.3836  1.  After the issuance of an order for the support of a dependent child by a court, the chief may issue a notice of intent to enforce the order. The notice must be served upon the responsible parent in the manner prescribed for service of summons in a civil action or mailed to the responsible parent [at the last known address of the parent] by certified mail, restricted delivery, with return receipt requested.

      2.  The notice must include:


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ê1997 Statutes of Nevada, Page 2258 (Chapter 489, AB 401)ê

 

      (a) The names of the person to whom support is to be paid and the dependent child for whom support is to be paid.

      (b) The amount of monthly support the responsible parent is required to pay by the order for support.

      (c) A statement of the arrearages owed pursuant to the order for support.

      (d) [A statement of the debt to a public agency accrued, if any.

      (e)] A demand that the responsible parent make full payment to the [office of the district attorney or the clerk of the court, whichever is appropriate,] enforcing authority within 14 days after the receipt or service of the notice.

      [(f)](e) A statement that the responsible parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.

      (f)A statement of any requirements the division will request pursuant to paragraph (m) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the responsible parent or the participation of the responsible parent in work activities.

      (g) A statement that if the responsible parent objects to any part of the notice of intent to enforce the order, he must send to the office that issued the notice a written response within 14 days after the date of receipt of service that sets forth any objections and includes a request for a hearing.

      (h) A statement that if full payment is not received within 14 days or a hearing has not been requested in the manner provided in paragraph (g) , [of subsection 1 of NRS 425.3824,] the chief is entitled to enforce the order and that the property of the responsible parent is subject to [actions] an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      [(h)](i) A reference to NRS 425.382 to 425.3852, inclusive [.

      (i)] , and section 52 of this act.

      (j) A statement that the responsible parent is responsible for notifying the office of any change of address or employment.

      [(j)](k) A statement that if the responsible parent has any questions, [the parent should telephone or visit] he may contact the appropriate office or consult an attorney.

      [(k)](l) Such other information as the chief finds appropriate.

      3.  If a written response setting forth objections and requesting a hearing is received within the specified period by the office issuing the notice of intent to enforce the order, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the responsible parent by regular mail. If a written response and request for hearing is not received within the specified period by the office issuing the notice , [and finding of financial responsibility within the specified period,] the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall include in that recommendation:

      (a) The amount of monthly support to be enforced, including directions concerning the manner of payment.

      (b) [The debt owed to a public agency, if any, and the manner of payment.

      (c)] The amount of arrearages owed and the manner of payment.


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ê1997 Statutes of Nevada, Page 2259 (Chapter 489, AB 401)ê

 

      [(d)](c) Whether coverage for health care must be provided for the dependent child.

      [(e)](d)Any requirements to be imposed pursuant to paragraph (m) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

      (e) A statement that the property of the parent is subject to [actions] an attachment or other procedure for collection, including, but not limited to, the withholding of wages, garnishment, liens and execution on liens.

      4.  After the district court approves the recommendation for the support of a dependent child, the recommendation is final. The chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.

      5.  This section does not prevent the chief from using other available remedies for the enforcement of an obligation for the support of a dependent child at any time.

      6.  The master may hold a hearing to enforce a recommendation for the support of a dependent child after the recommendation has been entered and approved by the district court. The master may enter a finding that the parent has not complied with the order of the court and may recommend to the district court that the parent be held in contempt of court. The finding and recommendation is effective upon review and approval of the district court.

      Sec. 95.5.  NRS 425.3836 is hereby amended to read as follows:

      425.3836  1.  After the issuance of an order for the support of a dependent child by a court, the chief may issue a notice of intent to enforce the order. The notice must be served upon the responsible parent in the manner prescribed for service of summons in a civil action or mailed to the responsible parent by certified mail, restricted delivery, with return receipt requested.

      2.  The notice must include:

      (a) The names of the person to whom support is to be paid and the dependent child for whom support is to be paid.

      (b) The amount of monthly support the responsible parent is required to pay by the order for support.

      (c) A statement of the arrearages owed pursuant to the order for support.

      (d) A demand that the responsible parent make full payment to the enforcing authority within 14 days after the receipt or service of the notice.

      (e) A statement that the responsible parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.

      (f) A statement of any requirements the division will request pursuant to [paragraph (m)] subparagraph (13) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the responsible parent or the participation of the responsible parent in work activities.

      (g) A statement that if the responsible parent objects to any part of the notice of intent to enforce the order, he must send to the office that issued the notice a written response within 14 days after the date of receipt of service that sets forth any objections and includes a request for a hearing.


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ê1997 Statutes of Nevada, Page 2260 (Chapter 489, AB 401)ê

 

the notice a written response within 14 days after the date of receipt of service that sets forth any objections and includes a request for a hearing.

      (h) A statement that if full payment is not received within 14 days or a hearing has not been requested in the manner provided in paragraph (g), the chief is entitled to enforce the order and that the property of the responsible parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      (i) A reference to NRS 425.382 to 425.3852, inclusive, and section 52 of this act.

      (j) A statement that the responsible parent is responsible for notifying the office of any change of address or employment.

      (k) A statement that if the responsible parent has any questions, he may contact the appropriate office or consult an attorney.

      (l)Such other information as the chief finds appropriate.

      3.  If a written response setting forth objections and requesting a hearing is received within the specified period by the office issuing the notice of intent to enforce the order, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the responsible parent by regular mail. If a written response and request for hearing is not received within the specified period by the office issuing the notice, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall include in that recommendation:

      (a) The amount of monthly support to be enforced, including directions concerning the manner of payment.

      (b) The amount of arrearages owed and the manner of payment.

      (c) Whether coverage for health care must be provided for the dependent child.

      (d) Any requirements to be imposed pursuant to [paragraph (m)] subparagraph (13) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

      (e) A statement that the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, the withholding of wages, garnishment, liens and execution on liens.

      4.  After the district court approves the recommendation for the support of a dependent child, the recommendation is final. The chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.

      5.  This section does not prevent the chief from using other available remedies for the enforcement of an obligation for the support of a dependent child at any time.

      6.  The master may hold a hearing to enforce a recommendation for the support of a dependent child after the recommendation has been entered and approved by the district court. The master may enter a finding that the parent has not complied with the order of the court and may recommend to the district court that the parent be held in contempt of court. The finding and recommendation is effective upon review and approval of the district court.


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ê1997 Statutes of Nevada, Page 2261 (Chapter 489, AB 401)ê

 

and recommendation is effective upon review and approval of the district court.

      Sec. 96.  NRS 425.3838 is hereby amended to read as follows:

      425.3838  1.  The master may enter a recommendation establishing the paternity of a child during a proceeding concerning the support of a dependent child pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act, if both parents sign affidavits or other sworn statements that paternity has not been legally established and that the male parent is the father of the child.

      2.  If there is only one alleged father and he does not file a response that denies paternity and requests a hearing within the period allowed in paragraph (g) of subsection 1 of NRS 425.3824, the master, without further notice to the alleged father, may enter a recommendation in accordance with NRS 425.3828 that declares and establishes the alleged father as the legal father of the child.

      3.  Any recommendation entered pursuant to subsection 1 or 2 and approved by the district court establishes legal paternity of the dependent child for all purposes.

      Sec. 97.  NRS 425.384 is hereby amended to read as follows:

      425.384  1.  The master shall order blood tests or tests for the genetic identification of the child, mother and alleged father if [:] such tests are not ordered pursuant to section 75 of this act and:

      (a) Paternity is alleged pursuant to NRS 425.3826 and a written response denying paternity and requesting a hearing is received by the chief within the period allowed in paragraph (g) of subsection 1 of NRS 425.3824; [or

      (b) He]

      (b) Any person alleges that more than one person may be the father of the child and none of the persons alleged to be the father acknowledges paternity of the child; or

      (c) The master determines that there is a valid issue concerning the paternity of the child.

The division shall pay the costs of any tests conducted pursuant to this section. If the district court approves a recommendation establishing the paternity of a child pursuant to NRS 425.3844, the father shall reimburse the division for the costs of those tests.

      2.  If settlement is not made after the master examines the results of the blood tests or tests for genetic identification [, the master shall certify the matter to the district court for a determination based upon:

      (a) The contents of the file concerning the dependent child; and

      (b) Any evidence produced at trial.

      3.  Unless otherwise specifically provided by statute, the proceedings must be conducted pursuant to the Nevada Rules of Civil Procedure.] conducted pursuant to this section or section 75 of this act, the master shall make a determination of paternity based upon the evidence presented to him.


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ê1997 Statutes of Nevada, Page 2262 (Chapter 489, AB 401)ê

 

      Sec. 98.  NRS 425.3844 is hereby amended to read as follows:

      425.3844  1.  [The recommendation for support of a dependent child issued by the master,] A recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act, including a recommendation establishing paternity, must be furnished to each party or his attorney at the conclusion of the proceedings or as soon thereafter as possible.

      2.  Within 10 days after receipt of the recommendation, [either] any party may file with the district court and serve upon the other [party written objections] parties a notice of objection to the recommendation. The notice must include:

      (a) A copy of the master’s recommendation;

      (b) The results of any blood tests or tests for genetic identification examined by the master;

      (c) A concise statement setting forth the reasons that the party disagrees with the master’s recommendation, including any affirmative defenses that must be pleaded pursuant to the Nevada Rules of Civil Procedure;

      (d) A statement of the relief requested;

      (e) The notice and finding of financial responsibility if the chief issued such a notice and finding; and

      (f) Any other relevant documents.

      3.  The district court shall:

      (a) If [no] a notice of objection is not filed, accept the recommendation [for support of a dependent child,] entered by the master, including a recommendation establishing paternity, unless clearly erroneous, and judgment may be entered thereon; or

      (b) If [an] a notice of objection is filed within the 10-day period, review the matter pursuant to NRS 425.3834 . [upon receipt of a notice and motion.

      3.]4.  A party who receives a notice of objection pursuant to subsection 2 is not required to file an answer to that notice. The district court shall review each objection contained in the notice.

      5.  If a notice of objection includes an objection to a recommendation establishing paternity, the enforcement of any obligation for the support of the child recommended by the master must, upon the filing and service of the notice, be stayed until the district court rules upon the determination of paternity. The obligation for the support of the child continues to accrue during the consideration of the determination of paternity and must be collected as arrears after the completion of the trial if the court approves the recommendation of the master.

      6.  If a recommendation [for support of a dependent child issued by the master,] entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act, including a recommendation establishing paternity, modifies or adjusts a previous order for support issued by any district court in this state, that district court shall review the recommendation and approve or reject the recommendation issued by the master.

      [4.]7.  Upon approval by the district court of a recommendation [for support of a dependent child,] entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act, including a recommendation establishing paternity, a copy of the recommendation , [entered by the master pursuant to the provisions of NRS 425.382 to 425.3852, inclusive,] with the approval of the court endorsed thereon, must be filed:

 


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ê1997 Statutes of Nevada, Page 2263 (Chapter 489, AB 401)ê

 

425.382 to 425.3852, inclusive, and section 52 of this act, including a recommendation establishing paternity, a copy of the recommendation , [entered by the master pursuant to the provisions of NRS 425.382 to 425.3852, inclusive,] with the approval of the court endorsed thereon, must be filed:

      (a) In the office of the clerk of the district court;

      (b) If the order of the district court approving the recommendation of the master modifies or adjusts a previous order issued by any district court in this state, with the original order in the office of the clerk of that district court; and

      (c) With any [district] court that conducts a proceeding related thereto pursuant to the provisions of chapter 130 of NRS.

      [5.]8.  If a recommendation that is approved by a district court pursuant to this section does not contain the social security numbers of the parents or legal guardians of the child, the court shall include those numbers on the recommendation before it is filed pursuant to subsection 7.

      9.  Upon the approval and filing of the recommendation as provided in subsection [4,] 7, the recommendation has the force, effect and attributes of an order or decree of the district court, including, but not limited to, enforcement by supplementary proceedings, contempt of court proceedings, writs of execution, liens and writs of garnishment.

      Sec. 99.  NRS 425.385 is hereby amended to read as follows:

      425.385  Notwithstanding any other provision of this chapter, the master may certify a proceeding to establish an order for support of a dependent child or arrearages to the district court if the issues are complex or beyond the competence of the master. The master shall enter a temporary recommendation for support in such cases. The temporary support must be paid to the [district court] enforcing authority and held until final resolution of the case.

      Sec. 100.  NRS 425.3852 is hereby amended to read as follows:

      425.3852  1.  In a proceeding certified to the district court pursuant to the provisions of NRS [425.384, 425.3842,] 425.3848 or 425.385, the [plaintiff or petitioner] interests of the public must be represented by the district attorney of the county in which the district court sits.

      2.  Except as otherwise provided in subsection 1, the case may be presented by an employee of the program or the office of the district attorney.

      Sec. 101.  (Deleted by amendment.)

      Sec. 102.  NRS 425.400 is hereby amended to read as follows:

      425.400  1.  The division may establish a central unit to serve as a registry for the receipt of information, for answering interstate inquiries concerning responsible parents, to coordinate and supervise departmental activities in relation to responsible parents and to [assure] ensure effective cooperation with law enforcement agencies.

      2.  To effectuate the purposes of this section, the administrator or a prosecuting attorney may request all information and assistance as authorized by NRS 425.260 to 425.440, inclusive, from the following persons and entities:

      (a) State, county and local agencies;


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ê1997 Statutes of Nevada, Page 2264 (Chapter 489, AB 401)ê

 

      (b) Employers, public and private;

      (c) Employee organizations and trusts of every kind;

      (d) Financial institutions and entities which are in the business of providing credit reports; and

      (e) Public utilities.

All of these persons and entities, their officers and employees, shall cooperate in the location of a responsible parent who has abandoned or deserted, or is failing to support his child and shall on request supply the division and the prosecuting attorney with all information on hand relative to the location, income and property of such a parent. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

      3.  Any record established pursuant to the provisions of this section is available only to:

      (a) The attorney general;

      (b) A district attorney;

      (c) A court having jurisdiction in a paternity, support or abandonment proceeding or action;

      (d) The resident parent, legal guardian, attorney or agent of a child who is not receiving [aid to families with dependent children] temporary assistance for needy families pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.); or

      (e) An agency in other states engaged in the establishment of paternity or in the enforcement of support of minor children as authorized by regulations of the division and by the provisions of the Social Security Act.

      Sec. 103.  NRS 425.400 is hereby amended to read as follows:

      425.400  1.  The division may establish a central unit to serve as a registry for the receipt of information, for answering [interstate] inquiries concerning responsible parents, to coordinate and supervise departmental activities in relation to responsible parents and to ensure effective cooperation with law enforcement agencies.

      2.  To effectuate the purposes of this section, the administrator or a prosecuting attorney may , in addition to the information the chief is authorized to request pursuant to section 74 of this act, request all information and assistance as authorized by [NRS 425.260 to 425.440, inclusive,] this chapter from the following persons and entities:

      (a) State, county and local agencies;

      (b) [Employers, public] Public and private [;] employers;

      (c) Employee organizations and trusts of every kind;

      (d) Financial institutions and entities which are in the business of providing credit reports; and

      (e) Public utilities.

[All of these]

      3.  The persons and entities [,] described in subsection 2 and their officers and employees [, shall cooperate] shall:

      (a) Cooperate in the location of a responsible parent who has abandoned or deserted, or is failing to support his child ; and [shall on request supply]


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ê1997 Statutes of Nevada, Page 2265 (Chapter 489, AB 401)ê

 

      (b) Upon the request of the division [and] or the prosecuting attorney [with] , provide all information on hand relative to the location, income and property of such a parent.

      4.  A disclosure made in good faith pursuant to [this] subsection 3 does not give rise to any action for damages for the disclosure.

      [3.]5.  If a person or other entity fails to supply the information requested pursuant to subsection 2, the administrator or prosecuting attorney may issue a subpoena to compel the person or entity to provide that information. A person or entity that fails to comply with a request made pursuant to subsection 2 is subject to a civil penalty not to exceed $500 for each failure to comply.

      6.  Any record established pursuant to the provisions of this section is available only to:

      (a) The attorney general;

      (b) A district attorney;

      (c) A court having jurisdiction in a paternity, support or abandonment proceeding or action;

      (d) The resident parent, legal guardian, attorney or agent of a child who is not receiving temporary assistance for needy families pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.); or

      (e) An agency [in other states engaged in the establishment of paternity or in the enforcement of support of minor children] of the Federal Government or of this or any other state as authorized by regulations of the division [and by] adopted in accordance with the provisions of the Social Security Act.

      Sec. 104.  NRS 425.410 is hereby amended to read as follows:

      425.410  1.  Whenever, as a result of any assignment or action, [support] money for the support of a dependent child is paid , [by the responsible parent,] such payment [shall be made through the division] must be paid to the enforcing authority upon written notice by the [division] enforcing authority to the responsible parent [, or to the clerk of the court or district attorney if appropriate,] and the person who cares for and has custody and control of the dependent child for whom a support obligation exists that the child [for whom a support obligation exists] is receiving public assistance, or that the [division] enforcing authority has undertaken to secure support for the child for whom a support obligation exists.

      2.  If a responsible parent makes, utters, draws or delivers to the enforcing authority a check, draft or extension of credit for the payment of support money that is drawn upon any financial institution or other person when the responsible parent has no account with the drawee of the check or draft or the issuer of the credit or has insufficient money, property or credit with the drawee or issuer to pay the amount of the check, draft or extension of credit, the enforcing authority shall mail to the responsible parent, by certified mail, a demand for cash payment in the amount of the check, draft or extension of credit. If the responsible parent does not pay the amount demanded by the enforcing authority within 30 days after the demand is mailed by the enforcing authority, the enforcing authority may initiate an action to collect damages from the responsible parent pursuant to NRS 41.620.


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ê1997 Statutes of Nevada, Page 2266 (Chapter 489, AB 401)ê

 

      3.  Any damages collected pursuant to subsection 2 that exceed the amount of the check, draft or extension of credit that was the subject of the action must be used to offset the costs of operating the program.

      Sec. 105.  NRS 425.430 is hereby amended to read as follows:

      425.430  [Any] Except as otherwise provided in subsection 3 of NRS 425.410, any money recovered by the [division under NRS 425.260 to 425.440, inclusive, shall] enforcing authority under this chapter must be distributed pursuant to regulations adopted by the division which [shall] must not disqualify this state for federal grants under Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.).

      Sec. 105.5.  Chapter 428 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To restrict the use or disclosure of any information concerning applicants for or recipients of public assistance to those purposes directly related to the administration of this chapter, and to provide safeguards therefor, the board of county commissioners of each county shall establish and enforce ordinances governing the custody, use and preservation of the records, files and communications related to those persons that are filed with the board.

      2.  If, under the provisions of law or the ordinances of a board of county commissioners adopted pursuant to subsection 1, the names and addresses of, or information concerning, applicants for or recipients of public assistance are furnished to or held by any other agency or department of government, the agency or department shall comply with the ordinances of the board of county commissioners prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of this chapter.

      3.  Except for purposes directly related to the administration of this chapter, no person may publish, disclose or use, or permit or cause to be published, disclosed or used, any confidential information relating to an applicant for or a recipient of public assistance under the provisions of this chapter.

      4.  As used in this section, “public assistance” means medical or financial assistance provided by a county pursuant to this chapter.

      Sec. 106.  Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of NRS 432.010 to 432.085, inclusive, do not apply to the program for child care and development administered by the welfare division of the department of human resources pursuant to chapter 422 of NRS.

      Sec. 107.  Chapter 432A of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of this chapter do not apply to the program for child care and development administered by the welfare division of the department of human resources pursuant to chapter 422 of NRS.


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ê1997 Statutes of Nevada, Page 2267 (Chapter 489, AB 401)ê

 

      Sec. 108.  NRS 432B.560 is hereby amended to read as follows:

      432B.560  1.  The court may also order:

      (a) The child, a parent or the guardian to undergo such medical, psychiatric, psychologic or other care or treatment as the court considers to be in the best interests of the child.

      (b) A parent or guardian to refrain from:

             (1) Any harmful or offensive conduct toward the child, the other parent, the custodian of the child or the person given physical custody of the child; and

             (2) Visiting the child if the court determines that the visitation is not in the best interest of the child.

      (c) A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of his parents.

      2.  The court shall order a parent or guardian to pay to the custodian an amount sufficient to support the child while the child is in the care of the custodian pursuant to an order of the court. Payments for the obligation of support must be determined in accordance with NRS 125B.070 and 125B.080, but must not exceed the reasonable cost of the child’s care, including food, shelter, clothing, medical care and education. An order for support made pursuant to this subsection must:

      (a) Contain the social security number of the parent or guardian who is the subject of the order;

      (b) Require that payments be made to the [clerk of the court or another] appropriate agency or office;

      [(b)](c) Provide that the custodian is entitled to a lien on the obligor’s property in the event of nonpayment of support; and

      [(c)](d) Provide for the immediate withholding of [wages and commissions in the event of nonpayment of support] income for the payment of support unless:

             (1) All parties enter into an alternative written agreement; or

             (2) One party demonstrates and the court finds good cause to postpone the withholding.

      Sec. 109.  NRS 3.223 is hereby amended to read as follows:

      3.223  1.  Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), in each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:

      (a) Brought pursuant to chapter 31A, 62, 123, 125, 125A, 125B, 126, 127, 128, 129, 130, 159, 425 or 432B of [NRS.

      (b) Brought pursuant to chapter 31A of] NRS, except to the extent that [NRS 31A.010] a specific statute authorizes the use of any other judicial or administrative procedure to facilitate the collection of an obligation for support.

      [(c)](b) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an order authorizing an abortion.

      [(d)](c) For judicial approval of the marriage of a minor.

      [(e)](d) Otherwise within the jurisdiction of the juvenile court.

      [(f)](e) To establish the date of birth, place of birth or parentage of a minor.


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      [(g)](f) To change the name of a minor.

      [(h)](g) For a judicial declaration of the sanity of a minor.

      [(i)](h) To approve the withholding or withdrawal of life-sustaining procedures from a person as authorized by law.

      [(j)](i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.

      2.  The family court, where established, and the justices’ court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.

      Sec. 110.  NRS 3.405 is hereby amended to read as follows:

      3.405  1.  In an action to establish paternity , the court may appoint a master to take testimony and recommend orders.

      2.  The court may appoint a master to hear all cases in a county to establish or enforce an obligation for the support of a child [.] , or to modify or adjust an order for the support of a child pursuant to NRS 125B.145.

      3.  The master must be an attorney licensed to practice in this state. The master:

      (a) Shall take testimony and establish a record;

      (b) In complex cases shall issue temporary orders for support pending resolution of the case;

      (c) Shall make findings of fact, conclusions of law and recommendations for the establishment and enforcement of an order;

      (d) May accept voluntary acknowledgments of paternity or liability for support and stipulated agreements setting the amount of support;

      (e) May, subject to confirmation by the district court, enter default orders against a responsible parent who does not respond to a notice or service within the required time; and

      (f) Has any other power or duty contained in the order of reference issued by the court.

If [the] a temporary order for support is issued [in an action to establish paternity,] pursuant to paragraph (b), the master shall order that the support be paid to the [clerk of the court] welfare division of the department of human resources, its designated representative or the district attorney, if the welfare division or district attorney is involved in the case, or otherwise to an appropriate party to the action, pending resolution of the case.

      4.  The findings of fact, conclusions of law and recommendations of the master must be furnished to each party or his attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 10 days after receipt of the findings of fact, conclusions of law and recommendations, either party may file with the court and serve upon the other party written objections to the report. If no objection is filed, the court shall accept the findings of fact, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 10-day period, the court shall review the matter upon notice and motion.

      Sec. 111.  NRS 17.340 is hereby amended to read as follows:

      17.340  [In] As used in NRS 17.330 to 17.400, inclusive, unless the context otherwise requires, “foreign judgment” means any judgment of a court of the United States or of any other court which is entitled to full faith and credit in this state [.]


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and credit in this state [.] , except a judgment to which chapter 130 of NRS applies.

      Sec. 112.  NRS 19.013 is hereby amended to read as follows:

      19.013  1.  [Each] Except as otherwise provided by specific statute, each county clerk shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer.................................................................         $56

On an appeal to the district court of any case from a justice’s court or a municipal court, or on the transfer of any case from a justice’s court or a municipal court              42

On the filing of a petition for letters testamentary, letters of administration, setting aside an estate without administration, or a guardianship, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:

Where the stated value of the estate is more than $1,000.........................           72

Where the stated value of the estate is $1,000 or less, no fee may be charged or collected.

On the filing of a petition to contest any will or codicil, to be paid by the petitioner        44

On the filing of an objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter...........................................           44

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them                    44

For filing a notice of appeal............................................................................           24

For issuing a transcript of judgment and certifying thereto......................             3

For preparing any copy of any record, proceeding or paper, for each page                 1

For each certificate of the clerk, under the seal of the court.....................             3

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate...............................................             5

For filing all papers not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity      ........................................................................................................... 15

For issuing any certificate under seal, not otherwise provided for..........             6

For searching records or files in his office, for each year..........................             1

For filing and recording a bond of a notary public, per name...................           15

For entering the name of a firm or corporation in the register of the county clerk             15

 


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      2.  [All] Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 are payment in full for all services rendered by the county clerk in the case for which the fees are paid, including the preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  No fee may be charged any attorney at law admitted to practice in [the State of Nevada] this state for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  Each county clerk shall, on or before the [5th] fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 113.  NRS 19.030 is hereby amended to read as follows:

      19.030  1.  [On] Except as otherwise provided by specific statute, on the commencement of any civil action or proceeding in the district court, other than the commencement of a proceeding for an adoption, the county clerk of each county, in addition to any other fees [now] provided by law, shall charge and collect $32 from the party commencing the action or proceeding.

      2.  On or before the [1st] first Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to $32 per civil case commenced as provided in subsection 1, for the preceding calendar month, and the county treasurer shall place [the same] that money to the credit of the state fund. The county treasurer shall remit quarterly all such fees turned over to him by the county clerk to the state treasurer, to be placed by the state treasurer in the state general fund.

      Sec. 114.  NRS 19.060 is hereby amended to read as follows:

      19.060  [All] Except as otherwise provided by specific statute, all fees prescribed in this chapter [shall be payable] must be paid in advance, if demanded. If any county clerk [shall not have] has not received any or all of his fees [,] which may be due him for services rendered by him in any suit or proceeding, he may have execution therefor in his own name against the party or parties from whom they are due, to be issued from the court where the action is pending, upon the order of the judge or court upon affidavit filed.

      Sec. 115.  Chapter 31A of NRS is hereby amended by adding thereto the provisions set forth as sections 116 to 123.5, inclusive, of this act.

      Sec. 116.  “Court” means:

      1.  The district court; or

      2.  When the context requires, any judicial or administrative procedure established in this or any other state to facilitate the collection of an obligation for the support of a child.

      Sec. 117.  “Enforcing authority” means the welfare division, its designated representative or the district attorney.

      Sec. 118.  “Income” includes, but is not limited to:

      1.  Wages, salaries, bonuses and commissions;


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ê1997 Statutes of Nevada, Page 2271 (Chapter 489, AB 401)ê

 

      2.  Any money from which support may be withheld pursuant to NRS 31A.150 or 31A.330;

      3.  Any other money due as a pension, unemployment compensation, a benefit because of disability or retirement, or as a return of contributions and interest; and

      4.  Any compensation of an independent contractor.

      Sec. 119.  “Notice to withhold income” means a notice issued pursuant to NRS 31A.070.

      Sec. 120.  “Obligor” means a person who is liable or alleged to be liable for the support of a child.

      Sec. 121.  “State” has the meaning ascribed to it in NRS 130.0432.

      Sec. 122.  “Welfare division” means the welfare division of the department of human resources.

      Sec. 123.  1.  To the extent that any provision of this chapter is inconsistent with the provisions of 28 U.S.C. § 1738B regarding the effect, enforcement or modification of an order relating to the support of a child issued by a court other than a court of this state, the provision of this chapter does not apply to the order. The enforcement and any modification of such an order must comply with the provisions of 28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.

      2.  For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.

      Sec. 123.5.  1.  If an employer receives an order issued by a court of another state to withhold the income of an obligor, the employer shall withhold income as directed in the order, except that the employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:

      (a) The employer’s fee for processing the order;

      (b) The maximum amount permitted to be withheld from the obligor’s income;

      (c) The times within which the employer must carry out the order and forward the child-support payment;

      (d) The priorities for withholding and allocating income withheld for multiple child-support obligees; and

      (e) Any terms or conditions of withholding not specified in the order.

      2.  An employer who complies with the provisions of subsection 1 regarding an order that is regular on its face is not subject to civil liability to any natural person or agency for conduct that complies with subsection 1.

      Sec. 124.  NRS 31A.010 is hereby amended to read as follows:

      31A.010  As used in this chapter, unless the context otherwise requires [:

      1.  “Court” means the district court or any judicial or administrative procedure established in this or any other state or territory or the District of Columbia to facilitate the collection of an obligation for the support of a child.


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ê1997 Statutes of Nevada, Page 2272 (Chapter 489, AB 401)ê

 

Columbia to facilitate the collection of an obligation for the support of a child.

      2.  “Enforcing authority” means the welfare division or the district attorney.

      3.  “Income” includes, but is not limited to, wages, salaries, bonuses, commissions and compensation as an independent contractor.

      4.  “Welfare division” means the welfare division of the department of human resources.] , the words and terms defined in sections 116 to 122, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 125.  NRS 31A.025 is hereby amended to read as follows:

      31A.025  1.  Except as otherwise provided in subsection 2, whenever [an] a court order requiring [a parent] an obligor to make payments for the support of a child includes an order directing the withholding of [wages and commissions] income for the payment of the support, the procedure provided by this chapter for the withholding of income must be [initiated] carried out immediately unless:

      (a) All parties agree in writing that there should be no immediate withholding; or

      (b) The court finds good cause for the postponement of withholding. Except as otherwise provided in this paragraph, a finding of good cause must be based on a written finding by the court that the immediate withholding of income would not be in the best interests of the child. In an action for modification or adjustment of a previous order for the support of a child, a finding of good cause may be based on evidence of [timely] payment in a timely manner by the [parent] obligor under the previous order for support.

      2.  In the case of any court order requiring [a parent] an obligor to make payments for the support of a child:

      (a) That does not include an order directing the withholding of [wages and commissions] income for the payment of the support; or

      (b) In connection with which:

             (1) Good cause has been found by [a] the court for the postponement of withholding; or

             (2) All parties have agreed in writing that there should be no immediate withholding,

the procedure for the withholding of income must be [initiated at the time the responsible parent] carried out when the obligor becomes delinquent in paying the support of a child . [in an amount equal to the amount he has been ordered to pay for a 30-day period.] The person entitled to the payment of support or his legal representative shall notify the enforcing authority when the procedure for the withholding of income must be carried out pursuant to this subsection.

      Sec. 126.  NRS 31A.030 is hereby amended to read as follows:

      31A.030  Except as otherwise provided in section 123 of this act:

      1.  The amount of income to be withheld pursuant to NRS 31A.025 to 31A.230, inclusive, must be calculated in accordance with NRS 31.295 and must include:

      (a) The amount of the current support due plus:


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             (1) An amount equal to 10 percent of the amount of the current periodic or other payment ordered for support, to be applied to satisfy arrearages, if any; or

             (2) If the court has previously ordered the payment of arrearages in a specified manner, the amount so ordered;

      (b) If the obligor is subject to a court order for the payment of current support which is not being collected pursuant to this chapter and the enforcing authority is entitled to collect any arrearages, an amount equal to 25 percent of the amount of the payment ordered for current support, to be applied to satisfy the arrearages; or

      [(b)](c) If the child is emancipated, arrearages as provided in NRS 125B.100, until the arrearages are paid in full.

      2.  If [there is more than one notice for withholding] two or more court orders for the withholding of income are being enforced against the same [responsible parent, the enforcing authority shall allocate] obligor, the amount available from withholding must be allocated among those persons entitled to it pursuant to [the notices for withholding:] those orders:

      (a) Giving priority to an obligation for current support; and

      (b) Except as otherwise provided in paragraph (a), in the proportion that the amount owed any one person bears to the total amount owed to all persons entitled to withholding [.] pursuant to those orders.

      Sec. 126.5.  NRS 31A.030 is hereby amended to read as follows:

      31A.030  Except as otherwise provided in section 123 of this act:

      1.  The amount of income to be withheld pursuant to NRS 31A.025 to [31A.230,] 31A.190, inclusive, must be calculated in accordance with NRS 31.295 and must include:

      (a) The amount of the current support due plus:

             (1) An amount equal to 10 percent of the amount of the current periodic or other payment ordered for support, to be applied to satisfy arrearages, if any; or

             (2) If the court has previously ordered the payment of arrearages in a specified manner, the amount so ordered;

      (b) If the obligor is subject to a court order for the payment of current support which is not being collected pursuant to this chapter and the enforcing authority is entitled to collect any arrearages, an amount equal to 25 percent of the amount of the payment ordered for current support, to be applied to satisfy the arrearages; or

      (c) If the child is emancipated, arrearages as provided in NRS 125B.100, until the arrearages are paid in full.

      2.  If two or more court orders for the withholding of income are being enforced against the same obligor, the amount available from withholding must be allocated among those persons entitled to it pursuant to those orders:

      (a) Giving priority to an obligation for current support; and

      (b) Except as otherwise provided in paragraph (a), in the proportion that the amount owed any one person bears to the total amount owed to all persons entitled to withholding pursuant to those orders.


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ê1997 Statutes of Nevada, Page 2274 (Chapter 489, AB 401)ê

 

      Sec. 127.  NRS 31A.040 is hereby amended to read as follows:

      31A.040  1.  The enforcing authority shall notify [a responsible parent] an obligor who is subject to the withholding of income by [certified] first-class mail to his last known address : [, return receipt requested:]

      (a) That his income is [to be] being withheld;

      (b) Of the amount of any arrearages;

      (c) Of the amount [to be] being withheld from his [wages or commissions] income to pay current support and the amount [to be] being withheld to pay any arrearages;

      (d) That [the notice of withholding] a notice to withhold income applies to any current or subsequent employer;

      (e) That a notice to withhold [from his wages and commissions will be] income of the obligor has been mailed to his employer ; [15 days after the date of the mailing to him of the notice of withholding, unless he contests it;]

      (f) Of the information provided to his employer pursuant to NRS 31A.070;

      (g) That he may contest the withholding; and

      [(g)](h) Of the grounds and procedures for contesting [it.] the withholding.

      2.  The provisions of this section are applicable only to [a responsible parent] an obligor against whom there is entered an order of a kind described in subsection 2 of NRS 31A.025.

      Sec. 128.  NRS 31A.050 is hereby amended to read as follows:

      31A.050  1.  Except as otherwise provided in subsection 2:

      (a) If [the responsible parent,] an obligor, within 15 days after [the] a notice of withholding is mailed to him [,] pursuant to NRS 31A.040, requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court . [, unless the authority determines that withholding is not required.

      2.  The responsible parent]

      (b) The obligor may contest the withholding on the following grounds:

      [(a) That the]

             (1) The court which issued the order for support lacked personal jurisdiction over him;

      [(b) That there]

             (2) There is a mistake of fact as to:

             [(1)](I) Whether the [responsible parent] obligor has been delinquent in [an amount equal to the amount he has been ordered to pay as support for a 30-day period;

             (2)]the payment of support;

                   (II) The amount of the arrearages or support; or

            [(3)](III) The custody of the child; or

      [(c) That the]

             (3) The order of support was obtained by fraud.

No other issues or defenses may be presented to or determined by the court.

      [3.]2.  The provisions of [this section are] subsection 1:


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ê1997 Statutes of Nevada, Page 2275 (Chapter 489, AB 401)ê

 

      (a) Are applicable only to [a responsible parent] an obligor against whom there is entered an order of a kind described in subsection 2 of NRS 31A.025.

      (b) Do not apply to an obligor who requests a hearing pursuant to NRS 130.370 to contest the enforcement, through the withholding of income, of an order for support that is registered pursuant to NRS 130.330 to 130.370, inclusive.

      Sec. 128.5.  NRS 31A.050 is hereby amended to read as follows:

      31A.050  1.  Except as otherwise provided in subsection 2:

      (a) If an obligor, within 15 days after a notice of withholding is mailed to him pursuant to NRS 31A.040, requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court.

      (b) The obligor may contest the withholding on the following grounds:

             (1) The court which issued the order for support lacked personal jurisdiction over him;

             (2) There is a mistake of fact as to:

                   (I) Whether the obligor has been delinquent in the payment of support;

                   (II) The amount of the arrearages or support; or

                   (III) The custody of the child; or

             (3) The order of support was obtained by fraud.

No other issues or defenses may be presented to or determined by the court.

      2.  The provisions of subsection 1:

      (a) Are applicable only to an obligor against whom there is entered an order of a kind described in subsection 2 of NRS 31A.025.

      (b) Do not apply to an obligor who requests a hearing pursuant to [NRS 130.370] section 265 of this act to contest the enforcement, through the withholding of income, of an order for support that is registered pursuant to [NRS 130.330 to 130.370, inclusive.] chapter 130 of NRS.

      Sec. 129.  NRS 31A.060 is hereby amended to read as follows:

      31A.060  1.  If the court , after conducting a hearing requested pursuant to NRS 31A.050, determines that:

      (a) The court that issued the order of support lacked jurisdiction or the order was obtained by fraud or a mistake of fact, it shall issue an order to [prevent] stay the withholding.

      (b) [An] The order of support is valid and there is no fraud or mistake of fact, it shall [order the enforcing authority to proceed with the withholding and order, if appropriate, a specific amount to be withheld and applied to arrearages pursuant to NRS 31A.030.] issue an order confirming the withholding without modification.

      2.  The court shall make its decision within 45 days after the notice of the withholding is mailed to the [responsible parent.] obligor pursuant to NRS 31A.040.

      3.  If the court [orders the enforcing authority to proceed with] issues an order confirming the withholding, it may assess costs and attorney’s fees against the [responsible parent.] obligor.


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ê1997 Statutes of Nevada, Page 2276 (Chapter 489, AB 401)ê

 

      4.  The enforcing authority shall give written notice to the [responsible parent. The notice must contain:

      (a) The] obligor of the decision of the court . [;

      (b) The beginning date of any withholding ordered by the court; and

      (c) A summary of the information given to the employer in the notice required by NRS 31A.070.]

      5.  The provisions of this section are applicable only to [a responsible parent] an obligor against whom there is entered an order of a kind described in subsection 2 of NRS 31A.025.

      Sec. 130.  NRS 31A.070 is hereby amended to read as follows:

      31A.070  1.  The enforcing authority shall mail, by certified mail, return receipt requested, a notice to withhold [wages and commissions to the responsible parent’s] income to an obligor’s employer:

      (a) [Fifteen days after notice of the withholding is mailed to the responsible parent or, if the responsible parent contests the notice, at the order of the court;] If the provisions of subsection 2 of NRS 31A.025 apply, immediately upon determining that the obligor is delinquent in the payment of support; or

      (b) If the provisions of [NRS 31A.040, 31A.050 and 31A.060] subsection 2 of NRS 31A.025 do not apply, immediately upon the entry of the order of support.

      2.  The notice [of withholding] to withhold income may be issued electronically and must:

      (a) Contain the social security number of the obligor;

      (b) Specify the amount to be withheld from the [wages and commissions of the responsible parent;

      (b)]income of the obligor;

      (c) Specify the amount of the fee authorized in NRS 31A.090 for the employer;

      [(c)](d) Describe the limitation for withholding [of wages and commissions] income prescribed in NRS 31.295;

      [(d)](e) Describe the prohibition against terminating the employment of [a responsible parent] an obligor because of withholding and the penalties for wrongfully refusing to withhold pursuant to the notice [of withholding;

      (e)]to withhold income;

      (f) Specify that, pursuant to NRS 31A.160, the withholding of [wages and commissions] income to enforce an order of a court for child support has priority over other proceedings against the same money; and

      [(f)](g) Explain the duties of an employer upon the receipt of the notice to withhold [.] income.

      Sec. 131.  NRS 31A.080 is hereby amended to read as follows:

      31A.080  An employer who receives a notice to withhold [wages and commissions] income shall:

      1.  Withhold the amount stated in the notice from the [wages and commissions] income due the [responsible parent] obligor beginning with the first pay period that occurs within 14 days after the date the notice was mailed to the employer and continuing until the enforcing authority notifies him to discontinue the withholding;


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ê1997 Statutes of Nevada, Page 2277 (Chapter 489, AB 401)ê

 

      2.  Deliver the money withheld to the enforcing authority [or the county clerk, if appropriate, within 10] within 7 days after the date of each payment of the regularly scheduled payroll of the employer; and

      3.  Notify the enforcing authority when the [responsible parent] obligor subject to withholding terminates his employment, and provide the [responsible parent’s] last known address of the obligor and the name of any new employer of [that parent,] the obligor, if known.

      Sec. 132.  NRS 31A.090 is hereby amended to read as follows:

      31A.090  1.  A notice to withhold [wages and commissions] income is binding upon any employer of [the responsible parent] an obligor to whom it is mailed. To reimburse [him] the employer for his costs in making the withholding, [the employer] he may deduct $3 from the amount paid the [responsible parent] obligor each time he makes a withholding.

      2.  If an employer [withholds wages and commissions of] receives notices to withhold income for more than one employee, he may pay the enforcing authority the amounts withheld with one check, but he shall attach to the check a statement identifying each [responsible parent] obligor for whom payment is made and the amount transmitted for that [parent.

      3.  The] obligor.

      3.  An employer shall cooperate with and provide relevant information to [the] an enforcing authority as necessary to enable it to enforce [the] an obligation of support. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages resulting from the disclosure.

      Sec. 133.  NRS 31A.095 is hereby amended to read as follows:

      31A.095  1.  If an employer wrongfully refuses to [honor a notice to withhold wages and commissions] withhold income as required pursuant to NRS 31A.025 to 31A.230, inclusive, or section 123.5 of this act, or knowingly misrepresents the income of an employee, the [district attorney] enforcing authority may apply for and the court may issue an order directing the employer to appear and show cause why he should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.

      2.  At the hearing on the order to show cause , the court, upon a finding that the employer wrongfully refused to [honor the notice to] withhold income as required or knowingly misrepresented an employee’s income:

      (a) May order the employer to comply with the [notice to withhold wages and commissions;] requirements of NRS 31A.025 to 31A.230, inclusive, or section 123.5 of this act;

      (b) May order the employer to provide accurate information concerning the employee’s income;

      (c) May fine the employer pursuant to subsection 2 of NRS 31A.120; and

      (d) Shall require the employer to pay the amount the employer failed or refused to withhold from the [responsible parent’s salary.] obligor’s income.

      Sec. 133.5.  NRS 31A.095 is hereby amended to read as follows:

      31A.095  1.  If an employer wrongfully refuses to withhold income as required pursuant to NRS 31A.025 to [31A.230, inclusive, or section 123.5 of this act,] 31A.190, inclusive, or knowingly misrepresents the income of an employee, the enforcing authority may apply for and the court may issue an order directing the employer to appear and show cause why he should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.


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ê1997 Statutes of Nevada, Page 2278 (Chapter 489, AB 401)ê

 

an employee, the enforcing authority may apply for and the court may issue an order directing the employer to appear and show cause why he should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.

      2.  At the hearing on the order to show cause , the court, upon a finding that the employer wrongfully refused to withhold income as required or knowingly misrepresented an employee’s income:

      (a) May order the employer to comply with the requirements of NRS 31A.025 to [31A.230, inclusive, or section 123.5 of this act;] 31A.190, inclusive;

      (b) May order the employer to provide accurate information concerning the employee’s income;

      (c) May fine the employer pursuant to subsection 2 of NRS 31A.120; and

      (d) Shall require the employer to pay the amount the employer failed or refused to withhold from the obligor’s income.

      Sec. 134.  NRS 31A.100 is hereby amended to read as follows:

      31A.100  1.  An employer who complies with a notice to withhold income that is regular on its face may not be held liable in any civil action for any conduct taken in compliance with the notice.

      2.  Compliance by an employer with a notice to withhold income is a discharge of the employer’s liability to the [responsible parent] obligor as to that portion of the [wages and commissions] income affected.

      3.  If a court issues an order to stay a withholding of income, the enforcing authority may not be held liable in any civil action to the obligor for any money withheld before the stay becomes effective.

      Sec. 135.  NRS 31A.110 is hereby amended to read as follows:

      31A.110  The enforcing authority may, pursuant to NRS 31A.025 to [31A.240,] 31A.230, inclusive, collect, by withholding, an obligation for the support of a spouse or a former spouse under a valid order of a court, if the enforcing authority is also collecting support for a child of that spouse or former spouse from the same [responsible parent] obligor and the child resides with the spouse or former spouse for whom the obligation of support is being collected.

      Sec. 135.5.  NRS 31A.110 is hereby amended to read as follows:

      31A.110  The enforcing authority may, pursuant to NRS 31A.025 to [31A.230,] 31A.190, inclusive, collect, by withholding, an obligation for the support of a spouse or a former spouse under a valid order of a court, if the enforcing authority is also collecting support for a child of that spouse or former spouse from the same obligor and the child resides with the spouse or former spouse for whom the obligation of support is being collected.

      Sec. 136.  NRS 31A.120 is hereby amended to read as follows:

      31A.120  1.  It is unlawful for an employer to use the withholding of [wages and commissions] income to collect an obligation of support as a basis for refusing to hire a potential employee, discharging the employee or [for] taking disciplinary action against him. Any employer who violates this section shall hire or reinstate the employee with no loss of pay or benefits, is liable for any payments of support not withheld, and shall be fined $1,000. If an employee prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the employee’s costs and attorney’s fees incurred in that action.


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ê1997 Statutes of Nevada, Page 2279 (Chapter 489, AB 401)ê

 

employer is liable, in an amount not less than $2,500, for payment of the employee’s costs and attorney’s fees incurred in that action.

      2.  If an employer wrongfully refuses to withhold from the [wages and commissions of a responsible parent] income of an obligor as required [in the notice of withholding from the enforcing authority] pursuant to NRS 31A.025 to 31A.230, inclusive, or section 123.5 of this act, or knowingly misrepresents the income of the employee, he shall pay the amount he refused to withhold to the enforcing authority and may be ordered to pay punitive damages to the person to whom support is owed in an amount not to exceed $1,000 for each pay period he failed to [honor the order of withholding] withhold income as required or knowingly misrepresented the income of the employee.

      Sec. 136.5.  NRS 31A.120 is hereby amended to read as follows:

      31A.120  1.  It is unlawful for an employer to use the withholding of income to collect an obligation of support as a basis for refusing to hire a potential employee, discharging the employee or taking disciplinary action against him. Any employer who violates this section shall hire or reinstate the employee with no loss of pay or benefits, is liable for any payments of support not withheld, and shall be fined $1,000. If an employee prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the employee’s costs and attorney’s fees incurred in that action.

      2.  If an employer wrongfully refuses to withhold from the income of an obligor as required pursuant to NRS 31A.025 to [31A.230, inclusive, or section 123.5 of this act,] 31A.190, inclusive, or knowingly misrepresents the income of the employee, he shall pay the amount he refused to withhold to the enforcing authority and may be ordered to pay punitive damages to the person to whom support is owed in an amount not to exceed $1,000 for each pay period he failed to withhold income as required or knowingly misrepresented the income of the employee.

      Sec. 137.  NRS 31A.140 is hereby amended to read as follows:

      31A.140  1.  A [parent] person or other entity for whom support is being collected [by withholding] pursuant to NRS 31A.025 to 31A.230, inclusive, shall notify the enforcing authority of a change of address within a reasonable time after the change. The notice must be in writing and sent by certified mail, return receipt requested.

      2.  If payments are not deliverable for 3 consecutive months because of the failure of a person or other entity for whom payment of support has been withheld to notify the enforcing authority of a change of address, no further payments may be made and all payments not delivered must be returned to the [responsible parent.] obligor. The enforcing authority shall notify the employer to discontinue withholding.

      Sec. 137.5.  NRS 31A.140 is hereby amended to read as follows:

      31A.140  1.  A person or other entity for whom support is being collected pursuant to NRS 31A.025 to [31A.230,] 31A.190, inclusive, shall notify the enforcing authority of a change of address within a reasonable time after the change. The notice must be in writing and sent by certified mail, return receipt requested.


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ê1997 Statutes of Nevada, Page 2280 (Chapter 489, AB 401)ê

 

      2.  If payments are not deliverable for 3 consecutive months because of the failure of a person or other entity for whom payment of support has been withheld to notify the enforcing authority of a change of address, no further payments may be made and all payments not delivered must be returned to the obligor. The enforcing authority shall notify the employer to discontinue withholding.

      Sec. 138.  NRS 31A.150 is hereby amended to read as follows:

      31A.150  1.  Money may be withheld for the support of a child pursuant to NRS 31A.025 to [31A.240,] 31A.230, inclusive, from any money [due the responsible parent] :

      (a) Due to:

             (1) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or any other benefit;

             (2) The obligor as a return of contributions and interest [, or due to some] ; or

             (3) Some other person because of [his death,] the death of the obligor,

from the state, a political subdivision of the state or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by any person or a statute of this or any other state, whether the money is payable periodically or in a lump sum [.] ; or

      (b) Due to the obligor as a judgment, a settlement or the prize from any contest or lottery, from any person or other entity, whether the money is payable periodically or in a lump sum.

      2.  When a certified copy of [the] a notice to withhold income is delivered by certified mail, return receipt requested, to a [public] person or other entity described in subsection 1, [it shall] the person or other entity must comply with the request and pay to the enforcing authority the amounts withheld as required in the notice to [the enforcing authority.] withhold income.

      Sec. 138.5.  NRS 31A.150 is hereby amended to read as follows:

      31A.150  1.  Money may be withheld for the support of a child pursuant to NRS 31A.025 to [31A.230,] 31A.190, inclusive, from any money:

      (a) Due to:

             (1) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or any other benefit;

             (2) The obligor as a return of contributions and interest; or

             (3) Some other person because of the death of the obligor,

from the state, a political subdivision of the state or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by any person or a statute of this or any other state, whether the money is payable periodically or in a lump sum; or

      (b) Due to the obligor as a judgment, a settlement or the prize from any contest or lottery, from any person or other entity, whether the money is payable periodically or in a lump sum.

      2.  When a certified copy of a notice to withhold income is delivered by certified mail, return receipt requested, to a person or other entity described in subsection 1, the person or other entity must comply with the request and pay to the enforcing authority the amounts withheld as required in the notice to withhold income.


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ê1997 Statutes of Nevada, Page 2281 (Chapter 489, AB 401)ê

 

described in subsection 1, the person or other entity must comply with the request and pay to the enforcing authority the amounts withheld as required in the notice to withhold income.

      Sec. 139.  NRS 31A.160 is hereby amended to read as follows:

      31A.160  [1.  Withholding] The withholding of income [to] :

      1.  To enforce an order of a court for the support of a child has priority over any other proceeding against the same money.

      2. [The withholding of income is] To enforce an order of a court regarding an obligation for the current support of a child has priority over any other orders for the support of a child.

      3.  Is in addition to, and not a substitution for, any other remedy for the collection of an obligation for the support of a child.

      Sec. 140.  NRS 31A.180 is hereby amended to read as follows:

      31A.180  If an order for support on which a notice [of withholding] to withhold income is based is amended or modified, the enforcing authority shall, upon receipt of a certified copy of the amendment or modification, notify the employer of the [responsible parent] obligor to modify the amount to be withheld accordingly.

      Sec. 141.  NRS 31A.190 is hereby amended to read as follows:

      31A.190  [A responsible parent] An obligor may voluntarily have the payment for support withheld from his [wages and commissions] income by filing his request and a certified copy of the order for support with the enforcing authority. The enforcing authority shall send a notice [of withholding] to withhold income to his employer and the employer shall withhold and pay the amount as required in the notice.

      Sec. 141.3.  NRS 31A.210 is hereby amended to read as follows:

      31A.210  On behalf of any client for whom an enforcing authority is providing services, or on application of a resident of this state, a [parent] person to whom support of a child has been ordered to be paid or any agency to whom that [parent] person has assigned his right to support, the enforcing authority [shall] may request the agency of another jurisdiction in which the [responsible parent derives wages or commissions to enter] obligor derives income to enforce an order to withhold payments of support from his [wages and commissions. The] income. If the enforcing authority makes such a request, the enforcing authority shall send to the agency of the other jurisdiction [all] :

      1.  All documentation required by that jurisdiction to [enter] enforce such an order. [The enforcing authority also shall send to the agency of the other jurisdiction a]

      2.  A certified copy of any modifications of the order for support.

If the enforcing authority receives notice that the [responsible parent] obligor is contesting the withholding of his income in the other jurisdiction, the enforcing authority shall immediately notify the [parent] person to whom the support is ordered to be paid of the date, time and place of the hearing and of his right to attend.


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ê1997 Statutes of Nevada, Page 2282 (Chapter 489, AB 401)ê

 

      Sec. 141.5.  NRS 31A.220 is hereby amended to read as follows:

      31A.220  1.  The enforcing authority shall [issue a notice of withholding and] proceed to collect an obligation for the support of a child by withholding pursuant to NRS 31A.025 to [31A.240,] 31A.230, inclusive, upon the request of an agency responsible for the enforcement of orders for support of a child in another [county or] jurisdiction.

      2.  The request must include:

      (a) A certified copy of the order for support with any modifications;

      (b) A certified copy of an order to withhold [wages and commissions,] income, if any, still in effect;

      (c) [A copy of the portion of the statute of that jurisdiction authorizing the withholding of wages and commissions, stating the requirements for withholding wages and commissions;

      (d)] A sworn statement of the [parent] person to whom payments of support are ordered or a certified statement of the agency of the amount of support due and any assignment of the [parent’s] person’s right to support; and

      [(e)](d) A statement of:

             (1) The name, address and social security number of the [responsible parent,] obligor, if known;

             (2) The name and address of the employer of the [responsible parent] obligor or of any source of [wages, commissions or other] income derived in this state against which withholding is sought; and

             (3) The name and address of the agency to whom payments of support collected by withholding must be transmitted.

      3.  If the documentation received by the enforcing authority does not conform to the requirements of subsection 2, it shall remedy the defect, if possible, without the assistance of the requesting agency. If the enforcing authority is unable to remedy the deficiencies, it shall immediately notify the requesting agency of the necessary additions or corrections. It shall not return the documentation. The enforcing authority shall accept the documentation even if it is not in the usual form, if it contains the required information.

      4.  [Upon receipt of a request from an agency in another county or jurisdiction, notice must be sent to the responsible parent pursuant to NRS 31A.040. If he] If the obligor requests a hearing [,] in this state to contest the withholding of his income, the enforcing authority shall notify the requesting agency of the date, time and place of the hearing and of the [agency’s or custodial parent’s] right of the agency or of the person to whom support is ordered to attend.

      Sec. 141.7.  NRS 31A.230 is hereby amended to read as follows:

      31A.230  If the enforcing authority has issued a notice to withhold [wages or commissions] income to an employer of [a responsible parent] an obligor and receives information that the [responsible parent] obligor has obtained employment or has a new or additional source of income in another state, the enforcing authority shall notify the agency who requested the withholding of income of those changes within 10 working days after receiving the information. It shall forward to the requesting agency all information it has or can obtain with respect to the [responsible parent’s] obligor’s new address and the name and address of his new employer or other sources of income.


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ê1997 Statutes of Nevada, Page 2283 (Chapter 489, AB 401)ê

 

obligor’s new address and the name and address of his new employer or other sources of income. The enforcing authority shall include with the notice a certified copy of the notice to withhold [wages and commissions] income in effect in this state.

      Sec. 142.  NRS 31A.250 is hereby amended to read as follows:

      31A.250  In any proceeding in which the court orders [a parent] an obligor to pay any amount for the support of a child, the court may also order the [parent] obligor to assign to the person entitled to the payment of support, or that person’s legal representative, that portion of the [wages or commissions] income of the [parent which are] obligor which is due or to become due and [are] is sufficient to pay the amount ordered by the court for the support.

      Sec. 143.  NRS 31A.280 is hereby amended to read as follows:

      31A.280  1.  An order for an assignment issued pursuant to NRS 31A.250 to 31A.340, inclusive, operates as an assignment and is binding upon any existing or future employer of [the responsible parent] an obligor upon whom a copy of the order is served by certified mail, return receipt requested. The order may be modified or revoked at any time by the court.

      2.  [For the purpose of enforcing] To enforce the obligation for support, the employer shall cooperate with and provide relevant information concerning the [responsible parent’s] obligor’s employment to the person entitled to the support or that person’s legal representative. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

      3.  If the order for support is amended or modified, the person entitled to the payment of support or that person’s legal representative shall notify the employer of the [responsible parent] obligor to modify the amount to be withheld accordingly.

      4.  To reimburse [him] the employer for his costs in making the payment pursuant to the assignment, [the employer] he may deduct $3 from the amount paid to the [responsible parent] obligor each time he makes a payment.

      5.  If an employer wrongfully refuses to honor an assignment or knowingly misrepresents the income of an employee, the court, upon request of the person entitled to the support or that person’s legal representative, may enforce the [order of] assignment in the manner provided in NRS 31A.095 for the enforcement of [a notice to withhold in NRS 31A.095.] the withholding of income.

      6.  Compliance by an employer with an order of assignment operates as a discharge of the employer’s liability to the employee as to that portion of the employee’s [wages or commissions] income affected.

      Sec. 144.  NRS 31A.290 is hereby amended to read as follows:

      31A.290  An employer may not use assignments of [wages and commissions] income for payments to collect an obligation of support as a basis for the discharge of an employee or for disciplinary action against the employee. An employer who discharges or disciplines an employee in violation of this section shall reinstate the employee with no loss of pay or benefits, is liable for any payments of support not paid and shall be fined $1,000. If an employee prevails in an action for reinstatement based on this section, the employer is liable, in an amount of not less than $2,500, for payment of the employee’s costs and attorney’s fees incurred in that action.


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ê1997 Statutes of Nevada, Page 2284 (Chapter 489, AB 401)ê

 

section, the employer is liable, in an amount of not less than $2,500, for payment of the employee’s costs and attorney’s fees incurred in that action.

      Sec. 145.  NRS 31A.300 is hereby amended to read as follows:

      31A.300  In any proceeding where a court makes or has made an order of assignment of [wages or commissions] income for the payment of the support of a child to a [parent] person receiving welfare payments for the maintenance of minor children, the court shall direct that payments made pursuant to the assignment be made to the welfare division [.] or its designated representative. The district attorney may appear in any proceeding to enforce that order.

      Sec. 146.  NRS 31A.310 is hereby amended to read as follows:

      31A.310  1.  The [parent] person or other entity to whom support is ordered to be paid by assignment of [wages or commissions] income shall notify the court and the employer of the [responsible parent] obligor by any form of mail requiring a return receipt, of any change of address within a reasonable time after that change.

      2.  If the employer or the legal representative of the person entitled to the payment for support is unable to deliver payments as required pursuant to NRS 31A.250 to 31A.340, inclusive, within 3 months because of the failure of the person entitled to the support to notify the employer or his legal representative of a change of address, the employer or legal representative shall not make any further payments pursuant to the assignment and shall return all undeliverable payments to the employee.

      Sec. 147.  NRS 31A.320 is hereby amended to read as follows:

      31A.320  [The responsible parent] An obligor may petition the court to terminate an order of assignment of [wages or commissions] income if:

      1.  The required payments have been withheld and paid for 18 consecutive months to the person entitled to the support; and

      2.  All arrearages have been paid.

      Sec. 148.  NRS 31A.330 is hereby amended to read as follows:

      31A.330  1.  Money may be withheld for the support of a child pursuant to NRS 31A.250 to 31A.340, inclusive, from any money due [the responsible parent] to:

      (a) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause [or] ;

      (b) The obligor as a return of contributions and interest [, or due to some] ; or

      (c) Some other person because of [his death,] the death of the obligor,

from the state, a political subdivision of the state or an agency of either, a public trust, [corporations] corporation or board or a system for retirement, disability or annuity established by a statute of this state.

      2.  When a certified copy of any order of assignment is served by certified mail, return receipt requested, on any [public] entity described in subsection 1, other than the Federal Government, it [shall] must comply with any request for a return of employee contributions by an employee named in the order by paying the contributions to the person entitled to the payment of support or that person’s legal representative unless the entity has received a certified copy of an order terminating the order of assignment. A court may not directly or indirectly condition the issuance, modification or termination of, or condition the terms or conditions of, any order for the support of a child upon the issuance of such a request by an employee.


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ê1997 Statutes of Nevada, Page 2285 (Chapter 489, AB 401)ê

 

modification or termination of, or condition the terms or conditions of, any order for the support of a child upon the issuance of such a request by an employee.

      Sec. 149.  NRS 31A.350 is hereby amended to read as follows:

      31A.350  1.  If a court orders a parent to obtain health insurance for his child and the parent fails to comply with the order, the enforcing authority shall mail to the parent’s employer or labor organization by certified mail, a notice requiring the employer or organization to enroll the child in the plan of health insurance provided for his employees or its members. The notice must include:

      (a) The parent’s name and social security number;

      (b) A statement that the parent has been required by an order of the court to obtain and maintain health insurance for his child;

      (c) The name, date of birth and social security number for the child; and

      (d) A statement that any assistance needed to complete the enrollment of the child in a plan of health insurance may be obtained from the parents of the child and the enforcing authority.

      2.  [No]Except as otherwise provided in subsection 6, no enforcing authority may mail or cause to be mailed a notice to enroll pursuant to subsection 1 unless:

      (a) The enforcing authority first notifies the parent by certified mail at his last known address of [its] :

             (1) Its intent to seek enrollment of the child; and

             (2) The provisions of subsection 6; and

      (b) The parent fails, within 15 days after the notice is mailed, to provide written proof to the enforcing authority that:

             (1) The parent has enrolled the child in a plan of health insurance required by the order of the court; or

             (2) The coverage required by the order of the court was not available at a reasonable cost for more than 30 days before the date on which the notice was mailed.

      3.  Except as otherwise provided in this subsection, upon receipt of a notice to enroll, mailed pursuant to subsection 1, the employer or labor organization shall enroll the child named in the notice in the plan of health insurance provided for his employees or its members. The child must be enrolled without regard to any restrictions upon periods for enrollment. If more than one plan is offered by the employer or labor organization, and each plan may be extended to cover the child, the child must be enrolled in the parent’s plan. If the parent’s plan cannot be extended to cover the child, the child must be enrolled in the plan with the least expensive option for providing coverage for a dependent that is otherwise available to the parent, subject to the eligibility requirements of that plan. An employer, labor organization, health maintenance organization or other insurer is not required to enroll the child in a plan of health insurance if the child is not otherwise eligible to be enrolled in that plan. If the child is not eligible to be enrolled in the parent’s plan of health insurance, the employer or labor organization shall notify the enforcing authority.

      4.  After the child is enrolled in a plan of health insurance, the premiums required to be paid by the parent for the child’s coverage may be deducted from the parent’s wages.


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ê1997 Statutes of Nevada, Page 2286 (Chapter 489, AB 401)ê

 

deducted from the parent’s wages. If the parent’s wages are not sufficient to pay for those premiums, the employer or labor organization shall notify the enforcing authority.

      5.  A notice to enroll sent pursuant to subsection 1 has the same effect as an enrollment application signed by the parent. No employer or labor organization may refuse to enroll a child because a parent has not signed an enrollment application.

      6.  If the enforcing authority:

      (a) Has complied with the requirements of subsection 2 [have been complied with,] regarding a parent; and

      (b) Subsequently determines that the parent:

             (1) Has another employer or belongs to another labor organization; and

             (2) Does not have the child enrolled in a plan of health insurance as required by the order of the court,

the enforcing authority shall, without again complying with the requirements of subsection 2, mail pursuant to subsection 1 a subsequent notice to enroll [shall be sent to future employers of the parent or to other labor organizations to which the parent belongs.] to the other employer or labor organization. Any employer or labor organization receiving such a notice shall notify the parent immediately of the receipt of that notice and comply with the provisions of this section [.] unless, within 20 days after the notice was mailed to the employer or labor organization, the enforcing authority notifies the employer or labor organization that the parent has provided the enforcing authority with written proof that the parent has enrolled the child in a plan of health insurance required by the order of the court.

      7.  An employer or labor organization shall, without liability to the parent, provide to the enforcing authority, upon request, information about the name of the insurer and the number of the parent’s policy of health insurance.

      8.  The enforcing authority may withhold wages or other income and require withholding of state tax refunds whenever the responsible parent has received payment from the third party and not used the payment to reimburse the other parent or provider to the extent necessary to reimburse the Medicaid agency.

      9.  The remedy provided by this section is in addition to, and is not a substitute for, any other remedy available for the enforcement of such an order.

      Sec. 150.  NRS 47.020 is hereby amended to read as follows:

      47.020  1.  This Title governs proceedings in the courts of [the State of Nevada] this state and before magistrates, except:

      (a) To the extent to which its provisions are relaxed by a statute or procedural rule applicable to the specific situation; and

      (b) As otherwise provided in subsection 3.

      2.  [The] Except as otherwise provided in subsection 1, the provisions of chapter 49 of NRS with respect to privileges apply at all stages of all proceedings.

      3.  The other provisions of this Title do not apply to:


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ê1997 Statutes of Nevada, Page 2287 (Chapter 489, AB 401)ê

 

      (a) Issuance of warrants for arrest, criminal summonses and search warrants.

      (b) Proceedings with respect to release on bail.

      (c) Sentencing, granting or revoking probation.

      (d) Proceedings for extradition.

      Sec. 151.  NRS 122.040 is hereby amended to read as follows:

      122.040  1.  Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the state. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.

      2.  Before issuing a marriage license, the county clerk may require evidence that the applicant for the license is of age. The county clerk shall accept a statement under oath by the applicant and the applicant’s parent, if available, that the applicant is of age.

      3.  The county clerk issuing the license shall require the applicant to answer under oath each of the questions contained in the form of license, and, if the applicant cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license. The county clerk shall require the applicant to include his social security number and the social security number of the other person named in the license on the affidavit of application for the marriage license. If either person does not have a social security number, the person responding to the question must state that fact. The county clerk shall not require any evidence to verify a social security number. If any of the information required is unknown to the person responding to the question, he must state that the answer is unknown.

      4.  If any of the persons intending to marry [is] are under age and [has] have not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:

      (a) Personally given before the clerk;

      (b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge it; or

      (c) In writing, subscribed to and acknowledged before a person authorized by law to administer oaths. A facsimile of the acknowledged writing must be accepted if the original is not available.

      5.  If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to him in writing.

      6.  All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.

      7.  A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.


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ê1997 Statutes of Nevada, Page 2288 (Chapter 489, AB 401)ê

 

      Sec. 152.  NRS 122.160 is hereby amended to read as follows:

      122.160  1.  Marriages between Indians performed in accordance with tribal customs within closed Indian reservations and Indian colonies [shall be of] have the same validity as marriages performed in any other manner provided for by the laws of this state, [provided] if there is filed in the county in which the marriage takes place, within 30 days after the performance of the tribal marriage, a certificate declaring the marriage to have been performed.

      2.  The certificate of declaration required to be filed by subsection 1 [shall give] must include the names of the persons married, their ages, social security numbers, tribe, and place and date of marriage. The certificate [shall] must be signed by [some] an official of the tribe, reservation or colony.

      3.  The certificate [shall] must be filed with the recorder of the county in which the marriage was performed and recorded by him without charge.

      Sec. 153.  NRS 125.130 is hereby amended to read as follows:

      125.130  1.  The judgment or decree of divorce granted [under] pursuant to the provisions of this chapter [shall be] is a final decree.

      2.  Whenever a decree of divorce from the bonds of matrimony is granted in this state by a court of competent authority, the decree [shall] fully and completely [dissolve] dissolves the marriage contract as to both parties.

      3.  A decree of divorce granted pursuant to the provisions of this section must include the social security numbers of both parties.

      4.  In all suits for divorce, if a divorce [be] is granted, the court may, for just and reasonable cause and by an appropriate order embodied in its decree, change the name of the wife to any former name which she has legally borne.

      Sec. 154.  NRS 125.210 is hereby amended to read as follows:

      125.210  1.  Except as otherwise provided in subsection 2, in any action brought pursuant to NRS 125.190, the court may:

      (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse;

      (b) Order or decree the payment of a fixed sum of money for the support of the other spouse and their children;

      (c) Provide that the payment of [the same] that money be secured upon real estate [,] or other security , or make any other suitable provision; and

      (d) Determine the time and manner in which the payments must be made.

      2.  The court may not:

      (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse; or

      (b) Order or decree the payment of a fixed sum of money for the support of the other spouse,

if it is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.

      3.  [The] Except as otherwise provided in 28 U.S.C. § 1738B, the court may change, modify or revoke its orders and decrees from time to time.


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ê1997 Statutes of Nevada, Page 2289 (Chapter 489, AB 401)ê

 

      4.  No order or decree is effective beyond the joint lives of the husband and wife.

      Sec. 154.5.  NRS 125.210 is hereby amended to read as follows:

      125.210  1.  Except as otherwise provided in subsection 2, in any action brought pursuant to NRS 125.190, the court may:

      (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse;

      (b) Order or decree the payment of a fixed sum of money for the support of the other spouse and their children;

      (c) Provide that the payment of that money be secured upon real estate or other security, or make any other suitable provision; and

      (d) Determine the time and manner in which the payments must be made.

      2.  The court may not:

      (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse; or

      (b) Order or decree the payment of a fixed sum of money for the support of the other spouse,

if it is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.

      3.  Except as otherwise provided in [28 U.S.C. § 1738B,] chapter 130 of NRS, the court may change, modify or revoke its orders and decrees from time to time.

      4.  No order or decree is effective beyond the joint lives of the husband and wife.

      Sec. 155.  NRS 125.230 is hereby amended to read as follows:

      125.230  1.  The court in such actions may make such preliminary and final orders as it may deem proper for the custody, control and support of any minor child or children of the parties.

      2.  An order made pursuant to subsection 1 for the support of any minor child or children must include the social security numbers of the parties.

      Sec. 156.  NRS 125.450 is hereby amended to read as follows:

      125.450  1.  No court may grant a divorce, separate maintenance or annulment pursuant to this chapter, if there are one or more minor children residing in this state who are the issue of the relationship, without first providing for the medical and other care, support, education and maintenance of those children as required by chapter 125B of NRS.

      2.  Every order for the support of a child issued or modified after January 1, 1990, must include an order directing the withholding or assignment of [wages and commissions] income for the payment of the support unless one of the parties demonstrates and the court finds good cause for the postponement of the withholding or assignment or all parties otherwise agree in writing. Such an order for withholding or assignment must be carried out in the manner provided in chapter 31A of NRS for the withholding or assignment of [wages and commissions.] income.

      Sec. 157.  NRS 125.510 is hereby amended to read as follows:

      125.510  1.  In determining the custody of a minor child in an action brought [under] pursuant to this chapter, the court may [:] , except as otherwise provided in this section and 28 U.S.C. § 1738B:


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ê1997 Statutes of Nevada, Page 2290 (Chapter 489, AB 401)ê

 

      (a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and

      (b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.

The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

      2.  Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

      3.  Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

      4.  A party may proceed pursuant to this section without counsel.

      5.  Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, “sufficient particularity” means a statement of the rights in absolute terms and not by the use of the term “reasonable” or other similar term which is susceptible to different interpretations by the parties.

      6.  All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and must contain the following language:

 

      PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

 

      7.  In addition to the language required pursuant to subsection 6, all orders authorized by this section must specify that the terms of the Hague Convention of October 25, 1980, adopted by the 14th Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country.


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ê1997 Statutes of Nevada, Page 2291 (Chapter 489, AB 401)ê

 

Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country.

      8.  If a parent of the child lives in a foreign country or has significant commitments in a foreign country:

      (a) The parties may agree, and the court shall include in the order for custody of the child, that the United States is the country of habitual residence of the child for the purposes of applying the terms of the Hague Convention as set forth in subsection 7.

      (b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence. The bond must be in an amount determined by the court and may be used only to pay for the cost of locating the child and returning him to his habitual residence if the child is wrongfully removed from or concealed outside the country of habitual residence. The fact that a parent has significant commitments in a foreign country does not create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.

      9.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:

      (a) Upon the death of the person to whom the order was directed; or

      (b) When the child reaches 18 years of age if he is no longer enrolled in high school, otherwise, when he reaches 19 years of age.

      10.  As used in this section, a parent has “significant commitments in a foreign country” if he:

      (a) Is a citizen of a foreign country;

      (b) Possesses a passport in his name from a foreign country;

      (c) Became a citizen of the United States after marrying the other parent of the child; or

      (d) Frequently travels to a foreign country.

      Sec. 157.5.  NRS 125.510 is hereby amended to read as follows:

      125.510  1.  In determining the custody of a minor child in an action brought pursuant to this chapter, the court may, except as otherwise provided in this section and [28 U.S.C. § 1738B:] chapter 130 of NRS:

      (a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and

      (b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.

The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

      2.  Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination.


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ê1997 Statutes of Nevada, Page 2292 (Chapter 489, AB 401)ê

 

if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

      3.  Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

      4.  A party may proceed pursuant to this section without counsel.

      5.  Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, “sufficient particularity” means a statement of the rights in absolute terms and not by the use of the term “reasonable” or other similar term which is susceptible to different interpretations by the parties.

      6.  All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and must contain the following language:

 

      PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

 

      7.  In addition to the language required pursuant to subsection 6, all orders authorized by this section must specify that the terms of the Hague Convention of October 25, 1980, adopted by the 14th Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country.

      8.  If a parent of the child lives in a foreign country or has significant commitments in a foreign country:

      (a) The parties may agree, and the court shall include in the order for custody of the child, that the United States is the country of habitual residence of the child for the purposes of applying the terms of the Hague Convention as set forth in subsection 7.

      (b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence. The bond must be in an amount determined by the court and may be used only to pay for the cost of locating the child and returning him to his habitual residence if the child is wrongfully removed from or concealed outside the country of habitual residence.


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ê1997 Statutes of Nevada, Page 2293 (Chapter 489, AB 401)ê

 

concealed outside the country of habitual residence. The fact that a parent has significant commitments in a foreign country does not create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.

      9.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:

      (a) Upon the death of the person to whom the order was directed; or

      (b) When the child reaches 18 years of age if he is no longer enrolled in high school, otherwise, when he reaches 19 years of age.

      10.  As used in this section, a parent has “significant commitments in a foreign country” if he:

      (a) Is a citizen of a foreign country;

      (b) Possesses a passport in his name from a foreign country;

      (c) Became a citizen of the United States after marrying the other parent of the child; or

      (d) Frequently travels to a foreign country.

      Sec. 158.  Chapter 125B of NRS is hereby amended by adding thereto the provisions set forth as sections 159 to 167, inclusive, of this act.

      Sec. 159.  As used in NRS 125B.010 to 125B.180, inclusive, and sections 159 to 167, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 160 and 161 of this act have the meanings ascribed to them in those sections.

      Sec. 160.  “Court” means the district court or any judicial or administrative procedure established in this or any other state to facilitate the collection of an obligation for the support of a child.

      Sec. 161.  “State” has the meaning ascribed to it in NRS 130.0432.

      Sec. 162.  1.  To the extent that any provision of this chapter is inconsistent with the provisions of 28 U.S.C. § 1738B regarding the effect, enforcement or modification of an order relating to the support of a child issued by a court other than a court of this state, the provision of this chapter does not apply to the order. The enforcement and any modification of such an order must comply with the provisions of 28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.

      2.  For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.

      Sec. 163.  1.  Each district court has jurisdiction of an action brought under this chapter.

      2.  In addition to any other method authorized by law for obtaining jurisdiction over a person inside or outside of this state, personal jurisdiction may be acquired anywhere within the territorial limits of this state by service of process in any manner prescribed by the Nevada Rules of Civil Procedure.


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ê1997 Statutes of Nevada, Page 2294 (Chapter 489, AB 401)ê

 

      3.  If an action to establish or enforce an obligation for the support of a child is transferred from one judicial district in this state to another judicial district in this state, the district court to which the action is transferred shall not require the petitioner to file additional documents with the court or provide additional service of process upon the respondent to maintain jurisdiction over the parties.

      Sec. 163.5.  Except as otherwise provided in section 162 of this act, every court order for the support of a child issued or modified in this state on or after the effective date of this section must include a provision specifying whether the parent required to pay support is required to provide coverage for the health care of the child and, if so, any details relating to that requirement.

      Sec. 164.  1.  Every court order for the support of a child issued or modified in this state on or after October 1, 1998, must include:

      (a) The names, dates of birth, social security numbers and driver’s license numbers of the parents of the child;

      (b) The name and social security number of the child;

      (c) The case identification number assigned by the court; and

      (d) Such other information as the welfare division of the department of human resources determines is necessary to carry out the provisions of 42 U.S.C. § 654a.

      2.  A court that, on or after October 1, 1998, issues or modifies an order in this state for the support of a child shall provide to the welfare division such information regarding the order as the welfare division determines is necessary to carry out the provisions of 42 U.S.C. § 654a.

      3.  Within 10 days after a court of this state issues an order for the support of a child, each party to the cause of action shall file with the court that issued the order and the welfare division:

      (a) His social security number;

      (b) His residential and mailing addresses;

      (c) His telephone number;

      (d) His driver’s license number; and

      (e) The name, address and telephone number of his employer.

Each party shall update the information filed with the court and the welfare division pursuant to this subsection within 10 days after that information becomes inaccurate.

      4.  The welfare division shall adopt regulations specifying the particular information required to be provided pursuant to subsections 1 and 2 to carry out the provisions of 42 U.S.C. § 654a.

      Sec. 165.  If, after a court issues an order for the support of a child, a subsequent cause of action between the parties concerning the support of the child is initiated, the requirements for notice and service of process shall be deemed to have been met with respect to a party to the proceeding who cannot be found if:

      1.  The party initiating the proceeding shows proof that diligent effort has been made to ascertain the location of the missing party; and

      2.  Written notice of the initiation of the proceeding has been mailed to the mailing address of the missing party or the address of the missing party’s employer as those addresses appear in the information required to be filed pursuant to subsection 3 of section 164 of this act.


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ê1997 Statutes of Nevada, Page 2295 (Chapter 489, AB 401)ê

 

party’s employer as those addresses appear in the information required to be filed pursuant to subsection 3 of section 164 of this act.

      Sec. 166.  1.  If a responsible parent is in arrears in the payment for the support of a child pursuant to an order of a court of this state, the order may be recorded in the manner prescribed in NRS 17.150 for the recording of a judgment lien in the office of the county recorder of any county.

      2.  From the time of its recordation, the order becomes a lien upon all real and personal property owned by the responsible parent in the county in which the order is recorded at the time the order is recorded, or which he acquires in that county after the order is recorded, until the lien expires.

      3.  Except as otherwise provided in subsection 4, a person who wishes to enforce a lien created pursuant to subsection 1 must, within 20 days after he records the order as a lien, send a notice by certified mail, return receipt requested, to the responsible parent:

      (a) Specifying the name of the court that issued the order and the date of its issuance;

      (b) Specifying the amount of arrearages under the order;

      (c) Stating that the order will be enforced as a judgment lien; and

      (d) Explaining that the responsible parent may, within 20 days after the notice is sent, request a hearing before the court concerning the amount of the arrearages.

      4.  A person who seeks to enforce a lien pursuant to this section is not required to send the notice required pursuant to subsection 3 if the amount of arrearages has been determined by a court of this state.

      5.  If the responsible parent does not request a hearing, or a court of this state has determined the amount of the arrearages owed by the responsible parent, the lien must be given the effect and priority of a judgment lien.

      6.  A lien established pursuant to this section continues until the arrearages are satisfied.

      Sec. 167.  1.  A lien against the real or personal property of a responsible parent arising in another state to enforce an order that is entitled to recognition in this state must be afforded full faith and credit in this state if the order and forms prescribed by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 652(a)(11)(B) are recorded in the manner prescribed in section 166 of this act for a lien that arises in this state.

      2.  Notwithstanding the provisions of NRS 21.075, a person who wishes to enforce in this state a lien recorded pursuant to subsection 1 is not required to provide notice to the responsible parent and the responsible parent is not entitled to a hearing before the lien is enforced in this state.

      Sec. 168.  NRS 125B.080 is hereby amended to read as follows:

      125B.080  Except as otherwise provided in section 69 of this act:

      1.  A court of this state shall apply the appropriate formula set forth in paragraph (b) of subsection 1 of NRS 125B.070 to:

      (a) Determine the required support in any case involving the support of children.

      (b) Any request filed after July 1, 1987, to change the amount of the required support of children.


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ê1997 Statutes of Nevada, Page 2296 (Chapter 489, AB 401)ê

 

      2.  If the parties agree as to the amount of support required, the parties shall certify that the amount of support is consistent with the appropriate formula set forth in paragraph (b) of subsection 1 of NRS 125B.070. If the amount of support deviates from the formula, the parties must stipulate sufficient facts in accordance with subsection 9 which justify the deviation to the court, and the court shall make a written finding thereon. Any inaccuracy or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify or adjust the award.

      3.  If the parties disagree as to the amount of the gross monthly income of either party, the court shall determine the amount and may direct either party to furnish financial information or other records, including income tax returns for the preceding 3 years. Once a court has established an obligation for support by reference to a formula set forth in paragraph (b) of subsection 1 of NRS 125B.070, any subsequent modification or adjustment of that support , except for any modification or adjustment made pursuant to section 69 of this act or as a result of a review conducted pursuant to subsection 1 of NRS 125B.145, must be based upon changed circumstances . [or as a result of a review conducted pursuant to NRS 125B.145.]

      4.  Notwithstanding the formulas set forth in paragraph (b) of subsection 1 of NRS 125B.070, the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.

      5.  It is presumed that the basic needs of a child are met by the formulas set forth in paragraph (b) of subsection 1 of NRS 125B.070. This presumption may be rebutted by evidence proving that the needs of a particular child are not met by the applicable formula.

      6.  If the amount of the awarded support for a child is greater or less than the amount which would be established under the applicable formula, the court shall:

      (a) Set forth findings of fact as to the basis for the deviation from the formula; and

      (b) Provide in the findings of fact the amount of support that would have been established under the applicable formula.

      7.  Expenses for health care which are not reimbursed, including expenses for medical, surgical, dental, orthodontic and optical expenses, must be borne equally by both parents in the absence of extraordinary circumstances.

      8.  If a parent who has an obligation for support is willfully underemployed or unemployed [,] to avoid an obligation for support of a child, that obligation must be based upon the parent’s true potential earning capacity.

      9.  The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:

      (a) The cost of health insurance;

      (b) The cost of child care;


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ê1997 Statutes of Nevada, Page 2297 (Chapter 489, AB 401)ê

 

      (c) Any special educational needs of the child;

      (d) The age of the child;

      (e) The responsibility of the parents for the support of others;

      (f) The value of services contributed by either parent;

      (g) Any public assistance paid to support the child;

      (h) Any expenses reasonably related to the mother’s pregnancy and confinement;

      (i) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;

      (j) The amount of time the child spends with each parent;

      (k) Any other necessary expenses for the benefit of the child; and

      (l) The relative income of both parents.

      Sec. 169.  NRS 125B.090 is hereby amended to read as follows:

      125B.090  A judgment or order of a court of this state for the support of a child ordinarily must be for periodic payments which may vary in amount. In the best interest of the child, a lump sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support.

      Sec. 170.  NRS 125B.095 is hereby amended to read as follows:

      125B.095  1.  [If] Except as otherwise provided in section 162 of this act, if an installment of an obligation to pay support for a child [, whether the obligation] which arises from the judgment of a court [of this or another state or from expedited process,] becomes delinquent in the amount owed for 1 month’s support, a penalty must be added by operation of this section to the amount of the installment. This penalty must be included in a computation of arrearages by a court of this state and may be so included in a judicial or administrative proceeding of another state.

      2.  The amount of the penalty is 10 percent per annum, or portion thereof, that the installment remains unpaid. Each district attorney or other public agency in this state undertaking to enforce an obligation to pay support for a child shall enforce the provisions of this section.

      [3.  As used in this section, “expedited process” has the meaning ascribed to it in NRS 125B.140.]

      Sec. 171.  NRS 125B.120 is hereby amended to read as follows:

      125B.120  1.  The obligation of a parent other than that under the laws providing for the support of poor relatives is discharged by complying with a [judicial decree] court order for support or with the terms of a judicially approved settlement.

      2.  The legal adoption of the child into another family discharges the obligation of his natural parents for the period subsequent to the adoption.

      Sec. 172.  NRS 125B.140 is hereby amended to read as follows:

      125B.140  1.  Except as otherwise provided in 28 U.S.C. § 1738B and section 162 of this act:

      (a) If an order issued by a court [of this or any other state, or pursuant to an expedited process,] provides for payment for the support of a child, that order is a judgment by operation of law on or after the date a payment is due. Such a judgment may not be retroactively modified or adjusted and may be enforced in the same manner as other judgments of this state.


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ê1997 Statutes of Nevada, Page 2298 (Chapter 489, AB 401)ê

 

      [2.](b) Payments for the support of a child pursuant to an order of a court [or an order issued pursuant to an expedited process] which have not accrued at the time either party gives notice that he has filed a motion for modification or adjustment may be modified or adjusted by the court upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction of the modification or adjustment.

      [3.]2.  Except as otherwise provided in subsection [6, before] 3 and sections 162, 166 and 167 of this act:

      (a) Before execution for the enforcement of a judgment for the support of a child, the person seeking to enforce the judgment must send a notice by certified mail, restricted delivery, with return receipt requested, to the responsible parent:

      [(a)](1) Specifying the name of the court that issued the order for support and the date of its issuance;

      [(b)](2) Specifying the amount of arrearages accrued under the order;

      [(c)](3) Stating that the arrearages will be enforced as a judgment; and

      [(d)](4) Explaining that the responsible parent may, within [10] 20 days after the notice is sent, ask for a hearing before [the] a court of this state concerning the amount of the arrearages.

      [4.](b) The matters to be adjudicated at such a hearing are limited to a determination of the amount of the arrearages and the jurisdiction of the court [or the governmental entity] issuing the order . [pursuant to an expedited process.] At the hearing, the court shall take evidence and determine the amount of the judgment and issue its order for that amount.

      [5.](c) The court shall determine and include in its order:

      [(a)](1) Interest upon the arrearages at a rate established pursuant to NRS 99.040, from the time each amount became due; and

      [(b)](2) A reasonable attorney’s fee for the proceeding,

unless the court finds that the responsible parent would experience an undue hardship if required to pay such amounts. Interest continues to accrue on the amount ordered until it is paid, and additional attorney’s fees must be allowed if required for collection.

      (d) The court shall include in its order the social security number of the responsible parent.

      [6.  If]

      3.  Subsection 2 does not apply to the enforcement of a judgment for arrearages if the amount of the judgment [for arrearages] has been determined by [a court of this or any other state or pursuant to an expedited process, no further notice to the responsible parent is necessary for execution for enforcement of that judgment.

      7.  As used in this section, “expedited process” means a judicial or administrative procedure established by any state or territory or the District of Columbia to facilitate the collection of an obligation for the support of a child.] any court.

      Sec. 172.5.  NRS 125B.140 is hereby amended to read as follows:

      125B.140  1.  Except as otherwise provided in [28 U.S.C. § 1738B] chapter 130 of NRS and section 162 of this act:

      (a) If an order issued by a court provides for payment for the support of a child, that order is a judgment by operation of law on or after the date a payment is due.


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ê1997 Statutes of Nevada, Page 2299 (Chapter 489, AB 401)ê

 

payment is due. Such a judgment may not be retroactively modified or adjusted and may be enforced in the same manner as other judgments of this state.

      (b) Payments for the support of a child pursuant to an order of a court which have not accrued at the time either party gives notice that he has filed a motion for modification or adjustment may be modified or adjusted by the court upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction of the modification or adjustment.

      2.  Except as otherwise provided in subsection 3 and sections 162, 166 and 167 of this act:

      (a) Before execution for the enforcement of a judgment for the support of a child, the person seeking to enforce the judgment must send a notice by certified mail, restricted delivery, with return receipt requested, to the responsible parent:

             (1) Specifying the name of the court that issued the order for support and the date of its issuance;

             (2) Specifying the amount of arrearages accrued under the order;

             (3) Stating that the arrearages will be enforced as a judgment; and

             (4) Explaining that the responsible parent may, within 20 days after the notice is sent, ask for a hearing before a court of this state concerning the amount of the arrearages.

      (b) The matters to be adjudicated at such a hearing are limited to a determination of the amount of the arrearages and the jurisdiction of the court issuing the order. At the hearing, the court shall take evidence and determine the amount of the judgment and issue its order for that amount.

      (c) The court shall determine and include in its order:

             (1) Interest upon the arrearages at a rate established pursuant to NRS 99.040, from the time each amount became due; and

             (2) A reasonable attorney’s fee for the proceeding,

unless the court finds that the responsible parent would experience an undue hardship if required to pay such amounts. Interest continues to accrue on the amount ordered until it is paid, and additional attorney’s fees must be allowed if required for collection.

      (d) The court shall include in its order the social security number of the responsible parent.

      3.  Subsection 2 does not apply to the enforcement of a judgment for arrearages if the amount of the judgment has been determined by any court.

      Sec. 173.  NRS 125B.145 is hereby amended to read as follows:

      125B.145  1.  An order [issued by any court or expedited process] for the support of a child [that is being enforced in this state] must , upon the filing of a request for review by:

      (a) The welfare division of the department of human resources, its designated representative or the district attorney, if the welfare division or the district attorney has jurisdiction in the case; or

      (b) A parent or legal guardian of the child,

be reviewed by the court at least every 3 years pursuant to this section to determine whether the order should be modified or adjusted. Each review conducted pursuant to this section must be in response to a separate request.


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ê1997 Statutes of Nevada, Page 2300 (Chapter 489, AB 401)ê

 

      2.  If the court :

      (a) Does not have jurisdiction to modify the order, the court may forward the request to any court with appropriate jurisdiction.

      (b) Has jurisdiction to modify the order and, taking into account the best interests of the child, determines that modification or adjustment of the order is appropriate, the court shall enter an order modifying or adjusting the previous order for support [. Any review of an order for the support of a child must utilize the formula required by] in accordance with the requirements of NRS 125B.070 [. The review must be conducted by the court upon the filing of a request for review by:

      (a) The welfare division of the department of human resources or the district attorney, if the welfare division or the district attorney has jurisdiction in the case; or

      (b) A parent or legal guardian of the child.

      2.]and 125B.080.

      3.  The court shall ensure that:

      (a) Each person who is subject to an order for the support of a child is notified, not less than once every 3 years, that he may request a review of the order pursuant to this section; or

      (b) An order for the support of a child includes notification that each person who is subject to the order may request a review of the order pursuant to this section.

      4.  An order for the support of a child may be reviewed at any time on the basis of changed circumstances.

      [3.]5.  As used in this section, [“expedited process” has the meaning ascribed to it in NRS 125B.140.] “order for the support of a child” means such an order that was issued or is being enforced by a court of this state.

      Sec. 174.  (Deleted by amendment.)

      Sec. 175.  NRS 125B.160 is hereby amended to read as follows:

      125B.160  1.  Each district attorney, [clerk of the court or county clerk] and a designated representative of the welfare division of the department of human resources who collects [and] or disburses payments for the support of a child , shall report to the welfare division [of the department of human resources] any information required by the welfare division regarding support for children, including information concerning the collection and disbursements of support and the establishment of paternity.

      2.  The state welfare administrator shall adopt regulations prescribing the forms for, and the arrangement of, the material to be submitted and the schedule for the reporting of the required information.

      Sec. 176.  NRS 125B.170 is hereby amended to read as follows:

      125B.170  1.  The enforcing authority [may] shall release information concerning a responsible parent’s obligation or failure to pay support for a child to an agency of the kind defined in 15 U.S.C. § 1681a(f), except that the information may not be given to the agency [only after notice] until:

      (a) Notice of the proposed disclosure has been sent to the responsible parent and he has had 20 days to correct the information [.


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ê1997 Statutes of Nevada, Page 2301 (Chapter 489, AB 401)ê

 

      2.  The enforcing authority may collect from an agency that requests such information a fee not to exceed the actual cost of providing the information.

      3.] ; and

      (b) The agency has furnished evidence satisfactory to the enforcing authority that the agency is of the kind defined in 15 U.S.C. § 1681a(f).

      2.  The welfare division of the department of human resources shall adopt regulations concerning the disclosure of information pursuant to this section, prescribing the content of the notice of the proposed disclosure and establishing procedures for the responsible parent to correct any of the information to be disclosed.

      [4.]3.  As used in this section, “enforcing authority” means the welfare division of the department of human resources , its designated representative or the district attorney.

      Sec. 177.  NRS 125B.240 is hereby amended to read as follows:

      125B.240  The court shall not issue an order pursuant to NRS 125B.210, unless it finds the existence of one or more of the following conditions:

      1.  The obligor-parent is not receiving [salary or commissions] income which may be subject to an assignment or withholding pursuant to chapter 31A of NRS, and there is reason to believe that he has income from some source which may be subject to an assignment.

      2.  An assignment or withholding of [a portion of salary or commissions] income pursuant to chapter 31A of NRS would not be sufficient to meet the obligation of the support of a child for reasons other than a change of circumstances which would qualify for a reduction in the amount of the support ordered.

      3.  The history of employment of the obligor-parent makes an assignment or withholding of [a portion of salary or commissions] income pursuant to chapter 31A of NRS difficult to enforce or not a practical means for securing the payment of the obligation of support. Such a history may be evidenced by such conditions as multiple, concurrent or consecutive employers.

      Sec. 178.  Chapter 126 of NRS is hereby amended by adding thereto the provisions set forth as sections 179 to 181.7, inclusive, of this act.

      Sec. 179.  After an action is set for trial pursuant to NRS 126.141, the judge, master or referee shall, upon the motion of a party, issue an order providing for the temporary support of the child pending the resolution of the trial if the judge, master or referee determines that there is clear and convincing evidence that the party against whom the order is issued is the father of the child.

      Sec. 180.  1.  After the expiration of the period described in subsection 2, an affidavit for the voluntary acknowledgment of paternity developed by the state board of health pursuant to section 286 of this act shall be deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child if the affidavit is signed in this or any other state by the mother and father of the child. An affidavit for the voluntary acknowledgment of paternity that is signed pursuant to this subsection is not required to be ratified by a court of this state before the affidavit is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.


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ê1997 Statutes of Nevada, Page 2302 (Chapter 489, AB 401)ê

 

affidavit is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.

      2.  A person who signs an acknowledgment of paternity in this state may rescind the acknowledgment:

      (a) Within 60 days after the acknowledgment is signed by both persons; or

      (b) Before the date on which an administrative or judicial proceeding relating to the child begins if that person is a party to the proceeding,

whichever occurs earlier.

      3.  After the expiration of the period during which an acknowledgment may be rescinded pursuant to subsection 2, the acknowledgment may not be challenged except upon the grounds of fraud, duress or material mistake of fact. The burden of proof is on the person challenging the acknowledgment to establish that the acknowledgment was signed because of fraud, duress or material mistake of fact.

      4.  Except upon a showing of good cause, a person’s obligation for the support of a child must not be suspended during a hearing to challenge a voluntary acknowledgment of paternity.

      Sec. 181.  If a man who is alleged to be the father of a child in an action brought pursuant to this chapter fails to plead or otherwise defend against the action as provided in the Nevada Rules of Civil Procedure, the clerk of the court shall enter his default upon a showing of proof of service of process and any other showing required pursuant to the Nevada Rules of Civil Procedure.

      Sec. 181.3.  1.  Every court order establishing the paternity of a child that is issued in this state on or after October 1, 1998, must include:

      (a) The names, dates of birth, social security numbers and drivers’ license numbers of the parents of the child;

      (b) The name and social security number of the child;

      (c) The case identification number assigned by the court; and

      (d) Such other information as the welfare division of the department of human resources determines is necessary to carry out the provisions of 42 U.S.C. § 654a.

      2.  A court that, on or after October 1, 1998, issues an order in this state establishing the paternity of a child shall provide to the welfare division such information regarding the order as the welfare division determines is necessary to carry out the provisions of 42 U.S.C. § 654a.

      3.  Within 10 days after a court of this state issues an order establishing the paternity of a child, each party to the cause of action shall file with the court that issued the order and the welfare division:

      (a) His social security number;

      (b) His residential and mailing addresses;

      (c) His telephone number;

      (d) His driver’s license number; and

      (e) The name, address and telephone number of his employer.

Each party shall update the information filed with the court and the welfare division pursuant to this subsection within 10 days after that information becomes inaccurate.


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ê1997 Statutes of Nevada, Page 2303 (Chapter 489, AB 401)ê

 

      4.  The welfare division shall adopt regulations specifying the particular information required to be provided pursuant to subsections 1 and 2 to carry out the provisions of 42 U.S.C. § 654a.

      Sec. 181.7.  If, after a court issues an order establishing the paternity of a child, a subsequent cause of action between the parties concerning the support of the child is initiated, the requirements for notice and service of process shall be deemed to have been met with respect to a party to the proceeding who cannot be found if:

      1.  The party initiating the proceeding shows proof that diligent effort has been made to ascertain the location of the missing party; and

      2.  Written notice of the initiation of the proceeding has been mailed to the mailing address of the missing party or the address of the missing party’s employer as those addresses appear in the information required to be filed pursuant to subsection 3 of section 181.3 of this act.

      Sec. 182.  NRS 126.031 is hereby amended to read as follows:

      126.031  1.  The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.

      2.  Except as otherwise provided in a court order for the custody of a child:

      (a) Except as otherwise provided in paragraph (b), the mother of a child born out of wedlock has primary physical custody of the child if:

             (1) The mother has not married the father of the child; and

             (2) [No court order has been entered which establishes] A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child [.] has not been entered.

      (b) The father of a child born out of wedlock has primary physical custody of the child if:

             (1) The mother has abandoned the child to the custody of the father; and

             (2) The father has provided sole care and custody of the child in her absence.

      3.  For the purposes of this section, “abandoned” means failed, for a continuous period of not less than 6 weeks, to provide substantial personal and economic support.

      4.  As used in this section, “expedited process” has the meaning ascribed to it in NRS 126.161.

      Sec. 183.  NRS 126.041 is hereby amended to read as follows:

      126.041  The parent and child relationship between a child and:

      1.  The natural mother may be established by proof of her having given birth to the child, or under this chapter or NRS 201.025.

      2.  The natural father may be established under this chapter, NRS 130.245 , [or] NRS 201.025 [.] or 425.382 to 425.3852, inclusive, and section 52 of this act.

      3.  An adoptive parent may be established by proof of adoption.

      Sec. 183.5.  NRS 126.041 is hereby amended to read as follows:

      126.041  The parent and child relationship between a child and:

      1.  The natural mother may be established by proof of her having given birth to the child, or under this chapter , section 274 of this act or NRS 201.025.


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ê1997 Statutes of Nevada, Page 2304 (Chapter 489, AB 401)ê

 

      2.  The natural father may be established under this chapter, [NRS 130.245,] section 274 of this act, NRS 201.025 or NRS 425.382 to 425.3852, inclusive, and section 52 of this act.

      3.  An adoptive parent may be established by proof of adoption.

      Sec. 184.  NRS 126.051 is hereby amended to read as follows:

      126.051  1.  A man is presumed to be the natural father of a child if:

      (a) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered by a court.

      (b) He and the child’s natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception.

      (c) Before the child’s birth, he and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid, and:

             (1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 285 days after its termination by death, annulment, declaration of invalidity or divorce; or

            (2) If the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation.

      (d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child.

      (e) Blood tests or tests for genetic identification made pursuant to NRS 126.121 show a probability of 99 percent or more that he is the father.

      [(f) At any time he acknowledges or admits his paternity of the child in a writing filed with the state registrar of vital statistics.

      2.  The state registrar of vital statistics shall promptly inform the natural mother of the filing of an acknowledgment, and the presumption is nullified if she disputes the acknowledgment in a writing filed with the registrar within 60 days after this notice is given. Each acknowledgment filed must be maintained by the registrar in a sealed confidential file until it is consented to by the mother and any other presumed father. This does not preclude access by an appropriate state official incident to his official responsibility concerning the parentage of the child. The acknowledgment must not be made public unless the mother affirmatively consents to the acknowledgment or a court adjudicates parentage. Each acknowledgment must be signed by the person filing it, and contain:

      (a) The name and address of the person filing the acknowledgment;

      (b) The name and last known address of the mother of the child; and

      (c) The date of birth of the child, or, if the child is unborn, the month and year in which the child is expected to be born.

If another man is presumed under this section to be the child’s father, acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption has been rebutted by a court decree. Acknowledgment by both parents as to the parentage of a child makes the child legitimate from birth, and the birth must be documented as provided in chapter 440 of NRS.


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ê1997 Statutes of Nevada, Page 2305 (Chapter 489, AB 401)ê

 

child makes the child legitimate from birth, and the birth must be documented as provided in chapter 440 of NRS.

      3.]2.  A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

      [4.  The department of human resources shall develop a form for acknowledging paternity. The department shall distribute the form to each office of the division of child and family services of the department, each child-placing agency licensed pursuant to chapter 127 of NRS and each hospital in this state.]

      Sec. 185.  NRS 126.091 is hereby amended to read as follows:

      126.091  1.  Each district court has jurisdiction of an action brought under this chapter. The action may be joined with an action for divorce, annulment, separate maintenance or support.

      2.  A person who has sexual intercourse in this state thereby submits to the jurisdiction of the courts of this state as to an action brought under this chapter with respect to a child who may have been conceived by that act of intercourse. In addition to any other method provided by law, personal jurisdiction may be acquired by personal service of summons outside this state or by [registered mail with proof of actual receipt.] certified mail, restricted delivery, with return receipt requested.

      3.  The action may be brought in the county in which the child, the mother or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of his estate have been or could be commenced. The court has jurisdiction whether or not the plaintiff resides in this state.

      4.  If an action to establish paternity is transferred from one judicial district in this state to another judicial district in this state, the district court to which the action is transferred shall not require the petitioner to file additional documents with the court or provide additional service of process upon the respondent to maintain jurisdiction over the parties.

      Sec. 186.  NRS 126.101 is hereby amended to read as follows:

      126.101  1.  The child must be made a party to the action. If he is a minor, he must be represented by his general guardian or a guardian ad litem appointed by the court. The child’s mother or father may not represent the child as guardian or otherwise. If a district attorney brings an action pursuant to NRS 125B.150, the district attorney shall act as guardian ad litem for the child without the need for court appointment, if the interests of the child are adequately represented by the appointment of the district attorney. If the interests of the child are not adequately represented by the appointment, the welfare division of the department of human resources must be appointed as guardian ad litem in the case.

      2.  The natural mother and a man presumed to be the father under NRS 126.051 must be made parties, but if more than one man is presumed to be the natural father, only a man presumed pursuant to subsection [3] 2 of NRS 126.051 is an indispensable party.


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ê1997 Statutes of Nevada, Page 2306 (Chapter 489, AB 401)ê

 

NRS 126.051 is an indispensable party. Any other presumed or alleged father may be made a party.

      3.  The court may align the parties.

      Sec. 187.  NRS 126.105 is hereby amended to read as follows:

      126.105  Whenever service of process is required in an action brought under this chapter to determine the existence or nonexistence of the paternal relationship, it may be made pursuant to Rule 4 of N.R.C.P. or by certified mail, restricted delivery, with [proof of actual receipt.] return receipt requested.

      Sec. 188.  NRS 126.131 is hereby amended to read as follows:

      126.131  1.  Evidence relating to paternity may include:

      [1.](a) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.

      [2.](b) An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy.

      [3.](c)The results of any test for the typing of blood or taking of specimens for genetic identification that is:

             (1) Of a type acknowledged as reliable by an organization approved by the Secretary of Health and Human Services; and

             (2) Performed by a laboratory which is accredited by such an organization.

      (d) An expert’s opinion concerning the results of a blood test [results] or test for genetic identification, weighted in accordance with evidence, if available, of the statistical probability of the alleged father’s paternity.

      [4.](e) Medical or anthropological evidence relating to the alleged father’s paternity of the child based on tests performed by experts.

      [5.](f) All other evidence relevant to the issue of paternity of the child.

      2.  Bills or receipts for the costs of:

      (a) Medical care received during the pregnancy;

      (b) The birth of the child; or

      (c) Tests for the typing of blood or taking of specimens for genetic identification to determine the paternity of the child,

are prima facie evidence of the amounts incurred for those services and are admissible as evidence without the foundational testimony of a third party.

      Sec. 188.5.  NRS 126.141 is hereby amended to read as follows:

      126.141  1.  On the basis of the information produced at the pretrial hearing, the judge, master or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement must be made to the parties, which may include any of the following:

      (a) That the action be dismissed with or without prejudice.

      (b) That the matter be compromised by an agreement among the alleged father, the mother and the child, in which the father and child relationship is not determined but in which a defined economic obligation, fully secured by payment or otherwise, is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge, master or referee conducting the hearing.


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ê1997 Statutes of Nevada, Page 2307 (Chapter 489, AB 401)ê

 

judge, master or referee conducting the hearing. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge, master or referee conducting the hearing shall consider the best interest of the child, discounted by the improbability, as it appears to him, of establishing the alleged father’s paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged father’s identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on him.

      (c) That the alleged father voluntarily acknowledge his paternity of the child.

      2.  If the parties accept a recommendation made in accordance with subsection 1, judgment may be entered accordingly.

      3.  If a party refuses to accept a recommendation made under subsection 1 and blood tests or tests for genetic identification have not been taken, the court shall require the parties to submit to blood tests [,] or tests for genetic identification, if practicable. Thereafter the judge, master or referee shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action must be set for trial.

      4.  The guardian ad litem may accept or refuse to accept a recommendation under this section.

      5.  The pretrial hearing may be terminated and the action set for trial if the judge, master or referee conducting the hearing finds unlikely that all parties would accept a recommendation he might make under subsection 1 or 3.

      Sec. 189.  NRS 126.151 is hereby amended to read as follows:

      126.151  1.  An action under this chapter is a civil action governed by the Nevada Rules of Civil Procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Subsections 3 and 4 of NRS 126.111 and NRS 126.121 and 126.131 apply.

      2.  In an action against an alleged father, evidence offered by him with respect to a man who is not subject to the jurisdiction of the court concerning that man’s sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if the alleged father has undergone and made available to the court blood tests or tests for genetic identification, the results of which show a probability less than 99 percent that he is the father of the child.

      3.  The trial must be by the court without a jury . [, unless any party demands a jury trial within 20 days following the filing of a pretrial recommendation.]

      Sec. 190.  NRS 126.161 is hereby amended to read as follows:

      126.161  1.  A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes.

      2.  If [the] such a judgment or order of this state is at variance with the child’s birth certificate, the judgment or order must direct that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.


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ê1997 Statutes of Nevada, Page 2308 (Chapter 489, AB 401)ê

 

      3.  If the child is a minor, [the] such a judgment or order of this state must provide for his support as required by chapter 125B of NRS and must include an order directing the withholding or assignment of [wages and commissions] income for the payment of the support unless:

      (a) One of the parties demonstrates and good cause is found by the court or pursuant to [an] the expedited process , for the postponement of the withholding or assignment; or

      (b) All parties otherwise agree in writing.

      4.  [The] Such a judgment or order of this state may [contain] :

      (a) Contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.

      [5.  The judgment or order may direct]

      (b) Direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement. The court may limit the father’s liability for past support of the child to the proportion of the expenses already incurred which the court deems just.

      5.  Such a judgment or order of this state must include the social security numbers of the mother and father.

      6.  As used in this section, “expedited process” means a voluntary acknowledgment of paternity, judicial procedure or an administrative procedure established by this or another state , as that term is defined in NRS 130.0432, to facilitate the collection of an obligation for the support of a child.

      Sec. 190.3.  NRS 126.161 is hereby amended to read as follows:

      126.161  1.  A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes.

      2.  If such a judgment or order of this state is at variance with the child’s birth certificate, the judgment or order must direct that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.

      3.  If the child is a minor, such a judgment or order of this state must provide for his support as required by chapter 125B of NRS and must include an order directing the withholding or assignment of income for the payment of the support unless:

      (a) One of the parties demonstrates and good cause is found by the court or pursuant to the expedited process, for the postponement of the withholding or assignment; or

      (b) All parties otherwise agree in writing.

      4.  Such a judgment or order of this state may:

      (a) Contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.


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ê1997 Statutes of Nevada, Page 2309 (Chapter 489, AB 401)ê

 

      (b) Direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement. The court may limit the father’s liability for past support of the child to the proportion of the expenses already incurred which the court deems just.

      5.  Such a judgment or order of this state must include the social security numbers of the mother and father.

      6.  As used in this section, “expedited process” means a voluntary acknowledgment of paternity, judicial procedure or an administrative procedure established by this or another state, as that term is defined in [NRS 130.0432,] section 218 of this act, to facilitate the collection of an obligation for the support of a child.

      Sec. 190.5.  NRS 126.171 is hereby amended to read as follows:

      126.171  The court may order reasonable fees of counsel, experts and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including blood tests [,] or tests for genetic identification, to be paid by the parties in proportions and at times determined by the court. The court may order the proportion of any indigent party to be paid by the county. In no event may the state be assessed any costs when it is a party to an action to determine parentage.

      Sec. 191.  NRS 126.181 is hereby amended to read as follows:

      126.181  1.  If the parent and child relationship has been established, the obligation of a parent may be enforced in the same or independent proceedings by the other parent, the child, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support or funeral, or by any other person, including a private agency, to the extent he has furnished or is furnishing these expenses.

      2.  The court may order support payments to be made to the custodial parent [, the clerk of the court,] or a person [, corporation] or public agency designated to administer them for the benefit of the child under the supervision of the court.

      3.  Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments apply.

      Sec. 192.  NRS 126.191 is hereby amended to read as follows:

      126.191  Except as otherwise provided in NRS 125B.140 [,] and 28 U.S.C. § 1738B, the court has continuing jurisdiction to modify the judgment or order as to custody, visitation or support.

      Sec. 192.5.  NRS 126.191 is hereby amended to read as follows:

      126.191  Except as otherwise provided in NRS 125B.140 and [28 U.S.C. § 1738B,] chapter 130 of NRS, the court has continuing jurisdiction to modify the judgment or order as to custody, visitation or support.

      Sec. 193.  NRS 126.291 is hereby amended to read as follows:

      126.291  1.  Proceedings to compel support by a nonsupporting parent may be brought in accordance with this chapter. They are not exclusive of other proceedings. The court may assess the usual filing fees, charges or court costs against the nonsupporting parent and shall enforce their collection with the other provisions of the judgment.


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ê1997 Statutes of Nevada, Page 2310 (Chapter 489, AB 401)ê

 

      2.  [When] Except as otherwise provided in this subsection, when the district attorney is requested to bring an action to compel support or an action to determine paternity, he may charge the requester a fee of not more than $20 for an application. [A] This fee may not be assessed against [the] :

      (a) The State of Nevada when acting as a party to an action brought pursuant to this chapter.

      (b) Any person or agency in violation of a requirement of federal law or condition to the receipt of federal money.

      3.  If the court finds that a parent and child relationship exists, it may assess against the nonsupporting parent, in addition to any support obligation ordered a reasonable collection fee. If the court finds that the nonsupporting parent would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.

      4.  All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county’s program for the enforcement of support obligations.

      Sec. 193.5.  NRS 126.291 is hereby amended to read as follows:

      126.291  1.  Proceedings to compel support by a nonsupporting parent may be brought in accordance with this chapter. They are not exclusive of other proceedings. The court may assess the usual filing fees, charges or court costs against the nonsupporting parent and shall enforce their collection with the other provisions of the judgment.

      2.  Except as otherwise provided in this subsection, when the district attorney is requested to bring an action to compel support or an action to determine paternity, he may charge the requester a fee of not more than $20 for an application. This fee may not be assessed against:

      (a) The State of Nevada when acting as a party to an action brought pursuant to this chapter.

      (b) Any person or agency [in violation of a requirement of federal law or condition to the receipt of federal money.] requesting services pursuant to chapter 130 of NRS.

      3.  If the court finds that a parent and child relationship exists, it may assess against the nonsupporting parent, in addition to any support obligation ordered a reasonable collection fee. If the court finds that the nonsupporting parent would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.

      4.  All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county’s program for the enforcement of support obligations.

      Sec. 194.  NRS 126.331 is hereby amended to read as follows:

      126.331  1.  The court may require the payments to be made to the custodial parent, a public agency or [to some person or corporation to be] a person designated by the court as trustee.


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ê1997 Statutes of Nevada, Page 2311 (Chapter 489, AB 401)ê

 

      2.  If the welfare division of the department of human resources has provided money for the support of the child, the court shall direct that payment be made to the division as provided for in NRS 425.360.

      3.  [The] Except as otherwise provided in subsection 1 of NRS 425.410, the payments must be made to a trustee if the custodial parent does not reside within the jurisdiction of the court or has assigned his right to receive support to a public agency in another state.

      4.  The trustee shall report to the court annually, or more often, as directed by the court, the amounts received and paid over.

      Sec. 195.  Chapter 130 of NRS is hereby amended by adding thereto the provisions set forth as sections 196 to 277.1, inclusive, of this act.

      Sec. 196.  Sections 196 to 276, inclusive, of this act may be cited as the Uniform Interstate Family Support Act.

      Sec. 197.  The Uniform Interstate Family Support Act must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of that act among states enacting it.

      Sec. 198.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 199 to 221, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 199.  “Child” means a natural person, whether over or under the age of majority, who is or is alleged to be owed a duty of support by his parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

      Sec. 200.  “Child-support order” means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.

      Sec. 201.  “Duty of support” means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.

      Sec. 202.  “Employer” includes, but is not limited to, any person or other entity required to withhold income pursuant to NRS 31A.010 to 31A.190, inclusive.

      Sec. 203.  “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately preceding the time of filing a petition or comparable pleading for support and, if a child is less than 6 months old, the state in which the child lived from birth with a parent or a person acting as a parent. A period of temporary absence of any of those persons is counted as part of the 6-month or other period.

      Sec. 204.  “Income” includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

      Sec. 205.  “Income-withholding order” means an order or other legal process directed to an employer of an obligor to withhold support from the income of the obligor.

      Sec. 206.  “Initiating state” means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under the Uniform Interstate Family Support Act or a law or procedure substantially similar to that act, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.


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ê1997 Statutes of Nevada, Page 2312 (Chapter 489, AB 401)ê

 

Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

      Sec. 207.  “Initiating tribunal” means an authorized tribunal in an initiating state.

      Sec. 208.  “Issuing state” means a state in which a tribunal issues a support order or renders a judgment determining parentage.

      Sec. 209.  “Issuing tribunal” means a tribunal that issues a support order or renders a judgment determining parentage.

      Sec. 210.  “Law” includes decisional and statutory law and rules and regulations having the force of law.

      Sec. 211.  “Obligee” means:

      1.  A natural person to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

      2.  A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

      3.  A natural person seeking a judgment determining parentage of his child.

      Sec. 212.  “Obligor” means a natural person, or the estate of a decedent, who:

      1.  Owes or is alleged to owe a duty of support;

      2.  Is alleged but has not been adjudicated to be a parent of a child; or

      3.  Is liable under a support order.

      Sec. 213.  “Register” means to file a support order or judgment determining parentage with the clerk of a district court of this state.

      Sec. 214.  “Registering tribunal” means a tribunal in which a support order is registered.

      Sec. 215.  “Responding state” means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under the Uniform Interstate Family Support Act or a law or procedure substantially similar to that act, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

      Sec. 216.  “Responding tribunal” means an authorized tribunal in a responding state.

      Sec. 217.  “Spousal-support order” means a support order for a spouse or former spouse of an obligor.

      Sec. 218.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes:

      1.  An Indian tribe; and

      2.  A foreign jurisdiction that:

      (a) Has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures established under the Uniform Interstate Family Support Act, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act;


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ê1997 Statutes of Nevada, Page 2313 (Chapter 489, AB 401)ê

 

      (b) Is declared to be a foreign reciprocating country pursuant to 42 U.S.C. § 659a; or

      (c) Is declared to be a state pursuant to NRS 130.315.

      Sec. 219.  “Support-enforcement agency” means a public official or agency authorized to:

      1.  Seek the enforcement of support orders or laws relating to the duty of support;

      2.  Seek the establishment or modification of child support;

      3.  Seek a determination of parentage; or

      4.  Locate obligors or their assets.

      Sec. 220.  “Support order” means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, spouse or former spouse, which provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest, the withholding of income, attorney’s fees and other relief.

      Sec. 221.  “Tribunal” means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage.

      Sec. 222.  The district court and, within the limitations of authority granted pursuant to NRS 3.405, 125.005 or 425.381 to 425.3852, inclusive, a master or referee appointed pursuant to any of those sections, are the tribunals of this state.

      Sec. 223.  Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law.

      Sec. 224.  In a proceeding to establish, enforce or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident if:

      1.  He is personally served with a summons or other notice of the proceeding within this state;

      2.  He submits to the jurisdiction of this state by consent, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

      3.  He resided with the child in this state;

      4.  He resided in this state and provided prenatal expenses or support for the child;

      5.  The child resides in this state as a result of the acts or directives of the nonresident;

      6.  He engaged in sexual intercourse in this state, and the child may have been conceived by that act of intercourse; or

      7.  There is any other basis consistent with the constitution of this state and the Constitution of the United States for the exercise of personal jurisdiction.

      Sec. 225.  A tribunal of this state exercising personal jurisdiction over a nonresident under section 224 of this act may apply section 248 of this act to receive evidence from another state and section 250 of this act to obtain discovery through a tribunal of another state. In all other respects, sections 233 to 274, inclusive, of this act do not apply and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by this chapter.


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ê1997 Statutes of Nevada, Page 2314 (Chapter 489, AB 401)ê

 

the procedural and substantive law of this state, including the rules on choice of law other than those established by this chapter.

      Sec. 226.  Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state.

      Sec. 227.  1.  A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if:

      (a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;

      (b) The contesting party challenges the exercise of jurisdiction in the other state in a timely manner; and

      (c) If relevant, this state is the home state of the child.

      2.  A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if:

      (a) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

      (b) The contesting party challenges the exercise of jurisdiction in this state in a timely manner; and

      (c) If relevant, the other state is the home state of the child.

      Sec. 228.  1.  A tribunal of this state issuing a support order consistent with the law of this state has continuing and exclusive jurisdiction over a child-support order:

      (a) As long as this state remains the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or

      (b) Until all of the parties who are natural persons have filed written consents with the tribunal of this state for a tribunal of another state to modify the order and assume continuing and exclusive jurisdiction.

      2.  A tribunal of this state issuing a child-support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act.

      3.  If a child-support order of this state is modified by a tribunal of another state pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act, a tribunal of this state loses its continuing and exclusive jurisdiction with regard to prospective enforcement of the order issued in this state and may only:

      (a) Enforce the order that was modified as to amounts accruing before the modification;

      (b) Enforce aspects of that order that may not be modified; and

      (c) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

      4.  A tribunal of this state shall recognize the continuing and exclusive jurisdiction of a tribunal of another state that has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act.


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ê1997 Statutes of Nevada, Page 2315 (Chapter 489, AB 401)ê

 

order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act.

      5.  A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing and exclusive jurisdiction in the issuing tribunal.

      6.  A tribunal of this state issuing a support order consistent with the law of this state has continuing and exclusive jurisdiction over a spousal-support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal-support order issued by a tribunal of another state having continuing and exclusive jurisdiction over that order under the law of that state.

      Sec. 229.  1.  A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.

      2.  A tribunal of this state having continuing and exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing and exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply section 248 of this act to receive evidence from another state and section 250 of this act to obtain discovery through a tribunal of another state.

      3.  A tribunal of this state which lacks continuing and exclusive jurisdiction over a spousal-support order may not serve as a responding tribunal to modify a spousal-support order of another state.

      Sec. 230.  1.  If a proceeding is brought under this chapter and only one tribunal has issued a child-support order, the order of that tribunal controls and must be so recognized.

      2.  If a proceeding is brought under this chapter and two or more child-support orders have been issued by tribunals of this state or another state with regard to the same obligor and child, a tribunal of this state shall apply the following rules in determining which order to recognize for purposes of continuing and exclusive jurisdiction:

      (a) If only one of the tribunals would have continuing and exclusive jurisdiction under this chapter, the order of that tribunal controls and must be so recognized.

      (b) If more than one of the tribunals would have continuing and exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized.

      (c) If none of the tribunals would have continuing and exclusive jurisdiction under this chapter, the tribunal of this state having jurisdiction over the parties shall issue a child-support order which controls and must be so recognized.

      3.  If two or more child-support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which order controls and must be so recognized under subsection 2. The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.


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ê1997 Statutes of Nevada, Page 2316 (Chapter 489, AB 401)ê

 

requesting party shall give notice of the request to each party whose rights may be affected by the determination.

      4.  The tribunal that issued the controlling order under subsection 1, 2 or 3 is the tribunal that has continuing and exclusive jurisdiction under section 228 of this act.

      5.  A tribunal of this state which determines by order the identity of the controlling order under paragraph (a) or (b) of subsection 2 or which issues a new controlling order under paragraph (c) of subsection 2 shall state in that order the basis upon which the tribunal made its determination.

      6.  Within 90 days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

      Sec. 231.  In responding to multiple registrations or petitions for the enforcement of two or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this state.

      Sec. 232.  Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by a tribunal of this state.

      Sec. 233.  1.  Except as otherwise provided in this chapter, sections 233 to 251, inclusive, of this act apply to all proceedings under the Uniform Interstate Family Support Act.

      2.  The Uniform Interstate Family Support Act provides for the following proceedings:

      (a) The establishment of an order for spousal support or child support pursuant to section 252 of this act;

      (b) The enforcement of a support order and income-withholding order of another state without registration pursuant to sections 253 to 259, inclusive, of this act;

      (c) The registration of an order for spousal support or child support of another state for enforcement pursuant to sections 260 to 273, inclusive, of this act;

      (d) The modification of an order for child support or spousal support issued by a tribunal of this state pursuant to sections 226 to 229, inclusive, of this act;

      (e) The registration of an order for child support of another state for modification pursuant to sections 260 to 273, inclusive, of this act;

      (f) The determination of parentage pursuant to section 274 of this act; and

      (g) The assertion of jurisdiction over nonresidents pursuant to sections 224 and 225 of this act.


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ê1997 Statutes of Nevada, Page 2317 (Chapter 489, AB 401)ê

 

      3.  An individual petitioner or a support-enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent.

      Sec. 234.  A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child.

      Sec. 235.  Except as otherwise provided in this chapter, a responding tribunal of this state:

      1.  Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

      2.  Shall determine the duty of support and the amount payable in accordance with the law of this state.

      Sec. 236.  1.  Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents:

      (a) To the responding tribunal or appropriate support-enforcement agency in the responding state; or

      (b) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

      2.  If a responding state has not enacted the Uniform Interstate Family Support Act or a law or procedure substantially similar to that act, a tribunal of this state may issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.

      Sec. 237.  1.  When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection 3 of section 233 of this act, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

      2.  A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:

      (a) Issue or enforce a support order, modify a child-support order or render a judgment to determine parentage;

      (b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;

      (c) Order the withholding of income;

      (d) Determine the amount of any arrearages and specify a method of payment;

      (e) Enforce orders by civil or criminal contempt, or both;

      (f) Set aside property for satisfaction of the support order;

      (g) Place liens and order execution on the obligor’s property;


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ê1997 Statutes of Nevada, Page 2318 (Chapter 489, AB 401)ê

 

      (h) Order an obligor to keep the tribunal informed of his current residential address, telephone number, employer, address of employment and telephone number at the place of employment;

      (i) Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

      (j) Order the obligor to seek appropriate employment by specified methods;

      (k) Award reasonable attorney’s fees and other fees and costs; and

      (l) Grant any other available remedy.

      3.  A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

      4.  A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.

      5.  If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

      Sec. 238.  If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.

      Sec. 239.  1.  A support-enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.

      2.  A support-enforcement agency that is providing services to the petitioner as appropriate shall:

      (a) Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent;

      (b) Request an appropriate tribunal to set a date, time and place for a hearing;

      (c) Make a reasonable effort to obtain all relevant information, including information as to the income and property of the parties;

      (d) Within 5 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;

      (e) Within 5 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication from the respondent or his attorney, send a copy of the communication to the petitioner; and

      (f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.

      3.  This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support-enforcement agency or the attorney for the agency and the natural person being assisted by the agency.

      Sec. 240.  If the attorney general determines that the support-enforcement agency is neglecting or refusing to provide services to a natural person, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the person.


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ê1997 Statutes of Nevada, Page 2319 (Chapter 489, AB 401)ê

 

duties under this chapter or may provide those services directly to the person.

      Sec. 241.  A natural person may employ private counsel to represent him in proceedings authorized by this chapter.

      Sec. 242.  1.  The central unit established pursuant to NRS 425.400 is the state information agency under this chapter.

      2.  The state information agency shall:

      (a) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support-enforcement agencies in this state and transmit a copy to the state information agency of every other state;

      (b) Maintain a register of tribunals and support-enforcement agencies received from other states;

      (c) Forward to the appropriate tribunal in the place in this state in which an individual obligee or obligor resides, or in which an obligor’s property is believed to be located, all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state; and

      (d) Obtain information concerning the location of an obligor and the obligor’s property within this state that is not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor’s address from employers and examination of governmental records, including, to the extent not prohibited by other law, records relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver’s licenses and social security.

      Sec. 243.  1.  A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter must verify the petition. Unless otherwise ordered pursuant to section 244 of this act, the petition or accompanying documents must provide, so far as known, the name, residential address and social security number of the obligor and the obligee, and the name, sex, residential address, social security number and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent.

      2.  The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support-enforcement agency.

      Sec. 244.  Upon a finding, which may be made ex parte, that the health, safety or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this chapter.

      Sec. 245.  1.  Except as otherwise required pursuant to section 16 of article 6 of the Nevada constitution, a petitioner must not be required to pay a filing fee or other costs.


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ê1997 Statutes of Nevada, Page 2320 (Chapter 489, AB 401)ê

 

      2.  If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney’s fees and other costs, expenses for necessary travel and other reasonable expenses incurred by the obligee and the witnesses of the obligee. The tribunal may not assess fees, costs or expenses against the obligee or the support-enforcement agency of either the initiating or the responding state, except as otherwise provided by other law. Attorney’s fees may be taxed as costs and may be ordered to be paid directly to the attorney, who may enforce the order in his own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

      3.  The tribunal shall order the payment of costs and reasonable attorney’s fees if it determines that a hearing was requested primarily for delay. In a proceeding pursuant to sections 260 to 273, inclusive, of this act, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. This presumption is subject to rebuttal.

      4.  All attorney’s fees and other costs and expenses awarded to and collected by a district attorney pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county’s program for the enforcement of support obligations.

      Sec. 246.  1.  Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney or through services provided by the support-enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

      2.  A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.

      3.  The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this state to participate in the proceeding.

      Sec. 247.  A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.

      Sec. 248.  1.  The physical presence of a petitioner in a responding tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage.

      2.  A verified petition, an affidavit, a document substantially complying with federally mandated forms and a document incorporated by reference in any of them, not excluded under NRS 51.065 if given in person, is admissible in evidence if given under oath by a party or witness residing in another state.

      3.  A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted therein and is admissible to show whether payments were made.


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ê1997 Statutes of Nevada, Page 2321 (Chapter 489, AB 401)ê

 

      4.  Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 20 days before trial are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.

      5.  Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.

      6.  In a proceeding under this chapter, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.

      7.  In a civil proceeding under this chapter, if a party called to testify refuses to answer a question on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

      8.  A privilege against the disclosure of communications between husband and wife does not apply in a proceeding under this chapter.

      9.  The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

      Sec. 249.  A tribunal of this state may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree or order of that tribunal, and the status of a proceeding in the other state. A tribunal of this state may furnish similar information by similar means to a tribunal of another state.

      Sec. 250.  A tribunal of this state may:

      1.  Request a tribunal of another state to assist in obtaining discovery; and

      2.  Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.

      Sec. 251.  A support-enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.

      Sec. 252.  1.  If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if:

      (a) The natural person seeking the order resides in another state; or

      (b) The support-enforcement agency seeking the order is located in another state.

      2.  The tribunal may issue a temporary child-support order if:

      (a) The respondent has signed a verified statement acknowledging parentage;


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ê1997 Statutes of Nevada, Page 2322 (Chapter 489, AB 401)ê

 

      (b) The respondent has been determined by or pursuant to law to be the parent; or

      (c) There is other clear and convincing evidence that the respondent is the parent of the child.

      3.  Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 237 of this act.

      Sec. 253.  An income-withholding order issued in another state may be sent to an employer of an obligor in this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state.

      Sec. 254.  1.  Upon receipt of an income-withholding order, an employer of an obligor shall immediately provide a copy of the order to the obligor.

      2.  The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.

      3.  Except as otherwise provided in subsection 4 and section 255 of this act, the employer shall withhold and distribute the money as directed in the withholding order by complying with terms of the order which specify:

      (a) The duration and amount of periodic payments of current child support, stated as a sum certain;

      (b) The person or agency designated to receive payments and the address to which the payments are to be forwarded;

      (c) Requirements for medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment;

      (d) The amount of periodic payments of fees and costs for a support-enforcement agency, the issuing tribunal and the obligee’s attorney, stated as sums certain; and

      (e) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

      4.  An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:

      (a) The employer’s fee for processing an income-withholding order;

      (b) The maximum amount permitted to be withheld from the obligor’s income;

      (c) The times within which the employer must implement the withholding order and forward the child-support payment; and

      (d) Any terms or conditions of withholding not specified in the withholding order.

      Sec. 255.  If an employer of an obligor receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child-support obligees.


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ê1997 Statutes of Nevada, Page 2323 (Chapter 489, AB 401)ê

 

      Sec. 256.  An employer who complies with an income-withholding order issued in another state in accordance with sections 253 to 259, inclusive, of this act is not subject to civil liability to a natural person or agency with regard to the withholding of child support by the employer from the income of the obligor.

      Sec. 257.  An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

      Sec. 258.  1.  An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by requesting, within 15 days after he receives a copy of the order pursuant to section 254 of this act, a tribunal of this state to conduct a hearing for that purpose.

      2.  The obligor shall give notice of the contest to:

      (a) A support-enforcement agency providing services to the obligee;

      (b) Each employer that has directly received an income-withholding order; and

      (c) The person or agency designated to receive payments in the income-withholding order, or if no person or agency is designated, to the obligee.

      3.  The obligor has the burden of proving one or more of the following defenses:

      (a) The tribunal that issued the order lacked personal jurisdiction over the obligor;

      (b) The order was obtained by fraud;

      (c) The order has been vacated, suspended, stayed or modified by a later order; or

      (d) There is a mistake of fact as to the amount of the order or the identity of the obligor.

      4.  The provisions of section 263 of this act apply to the contest. If the tribunal determines:

      (a) Any of the defenses presented pursuant to subsection 3 in favor of the obligor, it shall issue an order to stay the withholding.

      (b) None of the defenses presented pursuant to subsection 3 in favor of the obligor, it shall order the employer to proceed with the withholding, and may assess costs and attorney’s fees against the obligor.

      5.  The tribunal shall provide the parties and employer with notice of its decision within 45 days after the obligor received a copy of the order pursuant to section 254 of this act.

      Sec. 259.  1.  A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support-enforcement agency of this state.

      2.  Upon receipt of the documents, the support-enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support-enforcement agency shall register the order pursuant to this chapter.


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ê1997 Statutes of Nevada, Page 2324 (Chapter 489, AB 401)ê

 

enforcement of the order, the support-enforcement agency shall register the order pursuant to this chapter.

      Sec. 260.  A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.

      Sec. 261.  1.  A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the state information agency in this state:

      (a) A letter of transmittal requesting registration and enforcement;

      (b) Two copies, including one certified copy, of all orders to be registered, including any modification of an order;

      (c) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

      (d) The name of the obligor and, if known:

             (1) The address and social security number of the obligor;

             (2) The name and address of the employer of the obligor and any other source of income of the obligor; and

             (3) A description and the location of property of the obligor in this state that is not exempt from execution; and

      (e) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

      2.  On receipt of a request for registration, the state information agency shall cause the order to be filed with the registering tribunal as a foreign judgment, together with one copy of the documents and information, regardless of their form.

      3.  A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

      Sec. 262.  1.  A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.

      2.  A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

      3.  Except as otherwise provided in sections 260 to 273, inclusive, of this act, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.

      Sec. 263.  1.  The law of the issuing state governs the nature, extent, amount and duration of current payments and other obligations of support and the payment of arrearages under the order.

      2.  In a proceeding for arrearages, the statute of limitation under the law of this state or of the issuing state, whichever is longer, applies.

      Sec. 264.  1.  When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party and a support-enforcement agency of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

      2.  The notice must inform the nonregistering party:


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ê1997 Statutes of Nevada, Page 2325 (Chapter 489, AB 401)ê

 

      (a) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

      (b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the notice;

      (c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

      (d) Of the amount of any alleged arrearages.

      3.  Upon registration of an income-withholding order for enforcement, the registering tribunal shall cause appropriate notice of the order to be provided to the employer of the obligor in accordance with chapter 31A of NRS.

      Sec. 265.  1.  A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within 20 days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 266 of this act.

      2.  If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.

      3.  If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.

      Sec. 266.  1.  A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

      (a) The issuing tribunal lacked personal jurisdiction over the contesting party;

      (b) The order was obtained by fraud;

      (c) The order has been vacated, suspended or modified by a later order;

      (d) The issuing tribunal has stayed the order pending appeal;

      (e) There is a defense under the law of this state to the remedy sought;

      (f) Full or partial payment has been made; or

      (g) The statute of limitation applicable pursuant to section 263 of this act precludes enforcement of some or all of the arrearages.

      2.  If a party presents evidence establishing a full or partial defense under subsection 1, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.

      3.  If the contesting party does not establish a defense under subsection 1 to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.


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ê1997 Statutes of Nevada, Page 2326 (Chapter 489, AB 401)ê

 

      Sec. 267.  Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

      Sec. 268.  A party or support-enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this state in the same manner provided in sections 260 to 263, inclusive, of this act if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or later. The pleading must specify the grounds for modification.

      Sec. 269.  A tribunal of this state may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of section 270 of this act have been met.

      Sec. 270.  1.  After a child-support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if section 272 of this act does not apply and after notice and hearing it finds that:

      (a) The following requirements are met:

             (1) The child, the individual obligee and the obligor do not reside in the issuing state;

             (2) A petitioner who is a nonresident of this state seeks modification; and

             (3) The respondent is subject to the personal jurisdiction of the tribunal of this state; or

      (b) The child, or a party who is a natural person, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are natural persons have filed written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing and exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures established by the Uniform Interstate Family Support Act, the consent otherwise required of a natural person residing in this state is not required for the tribunal to assume jurisdiction to modify the child-support order.

      2.  Modification of a registered child-support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.

      3.  A tribunal of this state may not modify any aspect of a child-support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child-support orders for the same obligor and child, the order that controls and must be so recognized under section 230 of this act establishes the aspects of the support order which may not be modified.

      4.  On issuance of an order modifying a child-support order issued in another state, a tribunal of this state becomes the tribunal having continuing and exclusive jurisdiction.


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ê1997 Statutes of Nevada, Page 2327 (Chapter 489, AB 401)ê

 

      Sec. 271.  A tribunal of this state shall recognize a modification of its earlier child-support order by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act and, upon request, except as otherwise provided in this chapter, shall:

      1.  Enforce the order that was modified only as to amounts accruing before the modification;

      2.  Enforce only aspects of that order that may not be modified;

      3.  Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and

      4.  Recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

      Sec. 272.  1.  If all of the parties who are natural persons reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the child-support order of the issuing state in a proceeding to register that order.

      2.  A tribunal of this state exercising jurisdiction under this section shall apply the provisions of sections 196 to 232, inclusive, and 260 to 273, inclusive, of this act, and the procedural and substantive law of this state to the proceeding for enforcement or modification. The provisions of sections 233 to 259, inclusive, 274, 275 and 276 of this act do not apply.

      Sec. 273.  Within 90 days after the issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing and exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing and exclusive jurisdiction.

      Sec. 274.  1.  A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under the Uniform Interstate Family Support Act or a law or procedure substantially similar to that act, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

      2.  In a proceeding to determine parentage, a responding tribunal of this state shall apply the procedural and substantive law of this state and the rules of this state on choice of law.

      Sec. 275.  1.  For the purposes of this section and section 276 of this act, “governor” includes a natural person performing the functions of governor or the executive authority of a state covered by this chapter.

      2.  The governor of this state may:

      (a) Demand that the governor of another state surrender a natural person found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or


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ê1997 Statutes of Nevada, Page 2328 (Chapter 489, AB 401)ê

 

      (b) On the demand of the governor of another state, surrender a natural person found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

      3.  A provision for extradition of natural persons that is not inconsistent with this chapter applies to the demand even if the natural person whose surrender is demanded was not in the state making the demand when the crime was allegedly committed and has not fled therefrom.

      Sec. 276.  1.  Before making a demand that the governor of another state surrender a natural person charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

      2.  If, under the Uniform Interstate Family Support Act or a law substantially similar to that act, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the governor of this state surrender a natural person charged criminally in that state with having failed to provide for the support of a child or other natural person to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

      3.  If a proceeding for support has been initiated and the natural person whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the natural person whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the person is complying with the support order.

      Sec. 277.  1.  If a support-enforcement agency of this state receives a request from a support-enforcement agency of another state to enforce a support order, the support-enforcement agency of this state shall respond to the request as required by 42 U.S.C. § 666. The request shall be deemed to constitute a certification by the support-enforcement agency of the other state:

      (a) Of the amount of support under the order for which payment is in arrears; and

      (b) That the agency has complied with all requirements for procedural due process applicable to the case.

      2.  A support-enforcement agency of this state may, by electronic or other means, transmit to the appropriate agency of another state a request for assistance in a case involving the enforcement of a support order. The request must include:

      (a) Such information as will enable the agency to which the request is transmitted to compare information about the case to information maintained in that state; and

      (b) A certification by the support-enforcement agency of this state:


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ê1997 Statutes of Nevada, Page 2329 (Chapter 489, AB 401)ê

 

             (1) Of the amount of support under the order for which payment is in arrears; and

             (2) That the agency has complied with all requirements for procedural due process applicable to the case.

      3.  If a support-enforcement agency of this state provides assistance to a support-enforcement agency of another state pursuant to subsection 1, no support-enforcement agency of this state may, for the purposes of Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.), consider the case to be transferred to the caseload of this state.

      4.  A support-enforcement agency of this state shall maintain records of:

      (a) The number of requests received from a support-enforcement agency of another state pursuant to subsection 1;

      (b) The number of cases for which the support-enforcement agency of this state collected support in response to such a request; and

      (c) The amount of support collected in response to such a request.

      5.  As used in this section, “support-enforcement agency” means a public official or agency authorized to:

      (a) Seek the enforcement of support orders or laws relating to the duty of support;

      (b) Seek the establishment or modification of child support;

      (c) Seek a determination of parentage; or

      (d) Locate obligors or their assets.

      Sec. 277.1.  Notwithstanding any other provision of this chapter:

      1.  To the extent that any provision of this chapter is inconsistent with the provisions of 28 U.S.C. § 1738B regarding the establishment, effect, enforcement or modification of a support order, the provision of this chapter does not apply to the order. The establishment, effect, enforcement and modification of a support order must comply with the provisions of 28 U.S.C. § 1738B.

      2.  For the purposes of this chapter, a support order issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.

      Sec. 277.3.  NRS 130.0432 is hereby amended to read as follows:

      130.0432  “State” includes [a] :

      1.  A state, territory or possession of the United States, the District of Columbia [,] and the Commonwealth of Puerto Rico [and any] ;

      2.  An Indian tribe; and

      3.  A foreign jurisdiction [in] :

      (a) In which this or a substantially similar reciprocal law is in effect [.] ;

      (b) Which is declared to be a foreign reciprocating country pursuant to 42 U.S.C. § 659a; or

      (c) Which is declared to be a state pursuant to NRS 130.315.

      Sec. 277.5.  NRS 130.120 is hereby amended to read as follows:

      130.120  1.  The complaint [shall] must be verified and [shall] state the name and, so far as known to the obligee, the address and circumstances of the obligor and the persons for whom support is sought , the social security number of the obligor and all other pertinent information. The obligee may include in or attach to the complaint any information which may help in locating or identifying the obligor, including a photograph of the obligor, a description of any distinguishing marks of his person, other names and aliases by which he has been or is known, the name of his employer [,] and his fingerprints .


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ê1997 Statutes of Nevada, Page 2330 (Chapter 489, AB 401)ê

 

locating or identifying the obligor, including a photograph of the obligor, a description of any distinguishing marks of his person, other names and aliases by which he has been or is known, the name of his employer [,] and his fingerprints . [, and his social security number.]

      2.  The complaint may be filed in the appropriate court of any state in which the obligee resides. The court shall not decline or refuse to accept or forward the complaint on the ground that it should be filed with some other court of this or any other state where there is pending another action for divorce, separation, annulment, dissolution, habeas corpus, adoption or custody between the same parties or where another court has already issued a support order in some other proceeding and has retained jurisdiction for its enforcement.

      Sec. 277.7.  NRS 130.160 is hereby amended to read as follows:

      130.160  1.  [When] Except as otherwise provided in this subsection, when the district attorney is requested to initiate an action in accordance with this chapter, he may assess against the requester a fee of not more than $20 for an initial action or adjustment or modification of an order of support. He may request that the responding court collect the fee from the obligor. A fee may not be assessed against [the] :

      (a) The State of Nevada when acting as a party to an action brought pursuant to this chapter.

      (b) Any person or agency in violation of a requirement of federal law or condition to the receipt of federal money.

      2.  When the district attorney is requested to respond in an action in accordance with this chapter, the court may assess against an obligor, in addition to any support obligation ordered, a reasonable fee for collection and distribution. If the court finds that the obligor would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.

      3.  All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county’s program for the enforcement of support obligations.

      4.  A responding court shall not require the posting of any bond, written undertaking, or security by the requester, including bonds for the seizure or attachment of property or require payment of a filing fee or other costs from the requester, but it may direct that all fees and costs requested by the initiating court and such fees and costs as are incurred in this state when acting as a responding state, including fees for filing of pleadings, service of process, seizure of property, stenographic or duplication service or other service supplied to the obligor, be paid in whole or in part by the obligor. Such fees and costs may not be assessed against the state or any political subdivision thereof. These costs or fees do not have priority over amounts due to the requester.

      Sec. 278.  NRS 130.170 is hereby amended to read as follows:

      130.170  1.  If [the court] a tribunal of this state believes that [the] an obligor may flee, it may:


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      (a) As an initiating [court, request in its certificate] tribunal, request that the responding [court] tribunal obtain the body of the obligor by appropriate process; or

      (b) As a responding [court,] tribunal, obtain the body of the obligor by appropriate process.

      2.  Thereafter, the [court] tribunal of this state may , by appropriate process, release the obligor upon his own recognizance or upon his giving a bond in an amount set [by the court to assure] to ensure his appearance at the hearing.

      Sec. 278.1.  NRS 130.220 is hereby amended to read as follows:

      130.220  1.  If the responding court finds a duty of support on the basis of a prior decree or other obligation at law, it shall order the obligor to furnish support or reimbursement therefor as required by chapter 125B of NRS and subject the property of the obligor to that order. The amount of support the obligor is directed to pay must be determined in accordance with NRS 125B.070 and 125B.080. Support orders made pursuant to this chapter may impose a greater or lesser amount of support than any previous order of another court obligating the same person for support of the same child. An order issued by a court of another state may be modified only if the order is registered pursuant to NRS 130.330 to 130.370, inclusive. Support orders made pursuant to this chapter must:

      (a) Except as otherwise provided in subsection 2, include an order directing the withholding of [wages and commissions] income for the payment of the support unless:

             (1) One of the parties demonstrates and good cause is found by the court for the postponement of withholding; or

             (2) All parties otherwise agree in writing; and

      (b) Require that payments be made to the [clerk of the court of the responding state or other] appropriate agency or office.

      2.  If the complaint is based upon an order of a court for support of a child that is delinquent , [in an amount equal to the amount the responsible parent has been ordered to pay as support for a 30-day period,] the exceptions provided in paragraph (a) of subsection 1 are not applicable and the court shall issue an order for the withholding of [wages and commissions.] income.

      3.  The court and prosecuting attorney of any county in which the obligor is present or has property have the same powers and duties to enforce the order as have those of the county in which it was first issued. If enforcement is impossible or cannot be completed in the county in which the order was issued, the prosecuting attorney shall send a certified copy of the order to the prosecuting attorney of any county in which it appears that proceedings to enforce the order would be effective. The prosecuting attorney to whom the certified copy of the order is forwarded shall proceed with enforcement and report the results of the proceedings to the court first issuing the order.

      Sec. 278.3.  NRS 130.240 is hereby amended to read as follows:

      130.240  In addition to the foregoing powers, a responding court may subject the obligor to any terms and conditions proper to [assure] ensure compliance with its orders and in particular:


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      1.  Require the obligor to furnish a cash deposit or bond of a character and amount to [assure] ensure payment of any amount due.

      2.  Require the obligor to report personally and to make payments at specified intervals to the [clerk of the court.] appropriate agency or office.

      3.  Punish, under the power of contempt, the obligor who violates any order of the court.

      4.  Enter judgment for arrearages which have accrued, and to direct that the obligor retire such arrearages in addition to his regular support payments.

      Sec. 278.5.  NRS 130.250 is hereby amended to read as follows:

      130.250  A responding court has the following duties which may be carried out through the [clerk of the court:] appropriate agency or office:

      1.  To transmit to the initiating court any payment made by the obligor pursuant to any order of the court or otherwise.

      2.  To furnish to the initiating court upon request a certified statement of all payments made by the obligor.

      Sec. 278.7.  NRS 130.260 is hereby amended to read as follows:

      130.260  An initiating court shall , through the appropriate agency or office, receive and disburse forthwith all payments made by the obligor or sent by the responding court. [This duty may be carried out through the clerk of the court or other appropriate agency or office.]

      Sec. 279.  NRS 130.315 is hereby amended to read as follows:

      130.315  1.  When the attorney general is satisfied that reciprocal provisions will be made by any foreign jurisdiction for the enforcement therein of support orders made within this state, the attorney general may declare the foreign jurisdiction to be [an initiating] a state for the purpose of this chapter. Any such declaration may be revoked by the attorney general . [and may be reviewed by the court in an action brought pursuant to this chapter.]

      2.  As used in this section, “foreign jurisdiction” means a foreign sovereign nation or a political subdivision thereof.

      Sec. 279.5.  NRS 130.360 is hereby amended to read as follows:

      130.360  1.  An obligee seeking to register a foreign support order in a court of this state shall transmit to the clerk of the court:

      (a) Three certified copies of the order with all modifications thereof;

      (b) [One copy of the reciprocal enforcement of support act of the state in which the order was made;] The social security number of the obligor, if known;

      (c) A statement verified and signed by the obligee, showing:

             (1) The post office address of the obligee;

             (2) The last known place of residence and post office address of the obligor;

             (3) The amount of support remaining unpaid;

             (4) A description and the location of any property of the obligor available upon execution; and

             (5) A list of the states in which the order is registered.

      2.  Upon receipt of these documents the clerk of the court, without payment of a filing fee or other cost to the obligee, shall file them in the registry of foreign support orders.


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registry of foreign support orders. The filing constitutes registration under this chapter.

      3.  Promptly upon registration, the clerk of the court shall send, by certified or registered mail, to the obligor at the address given a notice of the registration with a copy of the registered support order and the post office address of the obligee. He shall also docket the case and notify the prosecuting attorney of his action. The prosecuting attorney shall proceed diligently to enforce the order.

      Sec. 280.  NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the central repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

      4.  The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.

      5.  Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The state gaming control board.

      (d) The state board of nursing.

      (e) The private investigator’s licensing board to investigate an applicant for a license.

      (f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.


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      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.

      (p) The welfare division of the department of human resources or its designated representative.

      (q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Title IV of the Social Security Act (42 U.S.C. §§ 651 et seq.).

      6.  Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      Sec. 281.  NRS 239A.070 is hereby amended to read as follows:

      239A.070  This chapter does not apply to any subpoena issued pursuant to Title 14 or chapters 616A to 616D, inclusive, of NRS or prohibit:

      1.  Dissemination of any financial information which is not identified with or identifiable as being derived from the financial records of a particular customer.

      2.  The attorney general, district attorney, department of taxation, public administrator, sheriff or a police department from requesting of a financial institution, and the institution from responding to the request, as to whether a person has an account or accounts with that financial institution and, if so, any identifying numbers of the account or accounts.


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      3.  A financial institution, in its discretion, from initiating contact with and thereafter communicating with and disclosing the financial records of a customer to appropriate governmental agencies concerning a suspected violation of any law.

      4.  Disclosure of the financial records of a customer incidental to a transaction in the normal course of business of the financial institution if the director, officer, employee or agent of the financial institution who makes or authorized the disclosure has no reasonable cause to believe that such records will be used by a governmental agency in connection with an investigation of the customer.

      5.  A financial institution from notifying a customer of the receipt of a subpoena or a search warrant to obtain his financial records, except when ordered by a court to withhold such notification.

      6.  The examination by or disclosure to any governmental regulatory agency of financial records which relate solely to the exercise of its regulatory function if the agency is specifically authorized by law to examine, audit or require reports of financial records of financial institutions.

      7.  The disclosure to any governmental agency of any financial information or records whose disclosure to that particular agency is required by the tax laws of this state.

      8.  The disclosure of any information pursuant to NRS 425.400 or section 70 or 74 of this act.

      9.  A governmental agency from obtaining a credit report or consumer credit report from anyone other than a financial institution.

      Sec. 282.  NRS 245.125 is hereby amended to read as follows:

      245.125  1.  Except as otherwise provided in subsection 2:

      (a) Each county officer or employee who, in his official capacity, receives any money belonging to a person [, partnership, corporation, association] or other entity, other than the county or himself, shall immediately deposit it with the county treasurer and obtain a receipt for it.

      (b) Money deposited in accordance with this subsection is not part of the public money of the county.

      (c) Money deposited with the county treasurer in accordance with this subsection must be paid to the owner upon the presentation of a certificate from the officer or employee who deposited the money, attesting that payment of the money is authorized by law and that the person or other entity requesting payment is the owner of the money and entitled to possession of it.

      2.  The provisions of subsection 1 do not apply:

      (a) In counties where ordinances establishing central receiving and disbursing systems have been enacted pursuant to NRS 244.207.

      (b) To money collected by a county assessor as agent for the department of motor vehicles and public safety which must be remitted to the state at least weekly.

      (c) To money directed by court order to be deposited with the clerk of the court.


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      (d) To amounts paid [to the clerk of the court] pursuant to [support orders made pursuant to chapter 130 of NRS.] a judicial or administrative order for the support of a child or of a spouse and child.

      Sec. 283.  NRS 274.270 is hereby amended to read as follows:

      274.270  1.  The governing body shall investigate the proposal made by a business pursuant to NRS 274.260, and if it finds that the business is qualified by financial responsibility and business experience to create and preserve employment opportunities in the specially benefited zone and improve the economic climate of the municipality and finds further that the business did not relocate from a depressed area in this state or reduce employment elsewhere in Nevada in order to expand in the specially benefited zone, the governing body may, on behalf of the municipality, enter into an agreement with the business, for a period of not more than 20 years, under which the business agrees in return for one or more of the benefits authorized in this chapter and NRS 374.643 for qualified businesses, as specified in the agreement, to establish, expand, renovate or occupy a place of business within the specially benefited zone and hire new employees at least 35 percent of whom at the time they are employed are at least one of the following:

      (a) Unemployed persons who have resided at least 6 months in the municipality.

      (b) Persons eligible for employment or job training under any federal program for employment and training who have resided at least 6 months in the municipality.

      (c) Recipients of benefits under any state or county program of public assistance, including [aid to families with dependent children,] temporary assistance for needy families, aid to the medically indigent and unemployment compensation who have resided at least 6 months in the municipality.

      (d) Persons with a physical or mental handicap who have resided at least 6 months in the state.

      (e) Residents for at least 1 year of the area comprising the specially benefited zone.

      2.  To determine whether a business is in compliance with an agreement, the governing body:

      (a) Shall each year require the business to file proof satisfactory to the governing body of its compliance with the agreement.

      (b) May conduct any necessary investigation into the affairs of the business and may inspect at any reasonable hour its place of business within the specially benefited zone.

If the governing body determines that the business is in compliance with the agreement, it shall issue a certificate to that effect to the business. The certificate expires 1 year after the date of its issuance.

      3.  The governing body shall file with the administrator, the department of taxation and the employment security division of the department of employment, training and rehabilitation a copy of each agreement, the information submitted under paragraph (a) of subsection 2 and the current certificate issued to the business under that subsection. The governing body shall immediately notify the administrator, the department of taxation and the employment security division of the department of employment, training and rehabilitation whenever the business is no longer certified.


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the employment security division of the department of employment, training and rehabilitation whenever the business is no longer certified.

      Sec. 284.  NRS 281.150 is hereby amended to read as follows:

      281.150  1.  Pursuant to the provisions of NRS 284.343, any department, board, commission or agency of [the State of Nevada] this state may authorize the expenditure of public money or expend public money for the payment of educational leave stipends to any officer or employee of [the State of Nevada.] this state.

      2.  Notwithstanding the provisions of NRS 284.343, the welfare division of the department of human resources may, where part of the cost of educational leave stipends may be paid from funds made available by the Federal Government or another source to assist in increasing the effectiveness and efficiency of administration of public welfare programs by increasing the number of adequately trained personnel available for work in public welfare programs, grant educational leave stipends. No person may be granted educational leave stipends under the provisions of this subsection until the person has entered into a contract with the welfare division whereby the person agrees to pursue only courses required for social work degrees and to return to the employ of the division on the basis of 1 year for each 9 months’ educational leave taken or to refund the amount of such stipends. Performance of the employment contract may be waived by the [state welfare board] administrator of the welfare division in cases of extreme hardship or other valid excuse.

      3.  The provisions of NRS 284.343 do not apply to employees of the rehabilitation division of the department of employment, training and rehabilitation where the educational expenses are paid from money made available by the Federal Government or another source to assist the recipient to remain current in techniques and procedures relating to his employment. No person may be granted assistance under this subsection without the prior approval of the director of the department of employment, training and rehabilitation as to educational subject matter.

      Sec. 285.  Chapter 440 of NRS is hereby amended by adding thereto the provisions set forth as sections 286 and 287 of this act.

      Sec. 286.  1.  The board shall:

      (a) Develop an affidavit for the voluntary acknowledgment of paternity in this state that complies with the requirements prescribed by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 652(a); and

      (b) Distribute the affidavits to:

             (1) Each hospital or obstetric center in this state; and

             (2) Any other entity authorized to provide services relating to the voluntary acknowledgment of paternity pursuant to the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C).

      2.  Subject to the provisions of subsection 3, the state registrar of vital statistics and the entities described in paragraph (b) of subsection 1 shall offer to provide services relating to the voluntary acknowledgment of paternity in the manner prescribed in the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C).


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      3.  Before providing an affidavit for the acknowledgment of paternity to the mother of a child or a person who wishes to acknowledge the paternity of the child, the agencies described in paragraph (b) of subsection 1 shall ensure that the mother and the person who wishes to acknowledge paternity are given notice, orally and in writing, of the rights, responsibilities and legal consequences of, and the alternatives to, signing the affidavit for the acknowledgment of paternity.

      Sec. 287.  1.  If a mother or a person who has signed an affidavit for the voluntary acknowledgment of paternity with the mother rescinds the acknowledgment pursuant to subsection 2 of section 180 of this act, the state registrar shall not issue a new certificate of birth to remove the name of the person who originally acknowledged paternity unless a court issues an order establishing that the person who acknowledged paternity is not the father of the child.

      2.  As used in this section, “court” has the meaning ascribed to it in section 160 of this act.

      Sec. 288.  NRS 440.135 is hereby amended to read as follows:

      440.135  1.  The board shall prescribe, and the state registrar shall furnish in sufficient numbers to each county clerk for distribution, a form for the reporting of divorces and annulments of marriage.

      2.  The information required by such form [shall] must be limited to:

      (a) The names and social security numbers of the parties;

      (b) The court and county in which the decree is granted; and

      (c) The date of the decree.

      Sec. 289.  NRS 440.250 is hereby amended to read as follows:

      440.250  1.  Not later than the [5th] fifth day of each month, deputy county health officers shall file with the county health officer all original birth and death certificates executed by them.

      2.  Within 5 days after receipt of the original death certificates, the county health officer shall file with the public administrator a written list of the names and social security numbers of all deceased persons and the names of their next of kin [appearing] as those names appear on the certificates.

      Sec. 290.  NRS 440.280 is hereby amended to read as follows:

      440.280  1.  If a birth occurs in a hospital or the mother and child are immediately transported to a hospital, the person in charge of the hospital or his designated representative shall obtain the necessary information, prepare a birth certificate, secure the signatures required by the certificate and file it within 10 days with the health officer of the registration district where the birth occurred. The physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within 72 hours after the birth. If the physician does not certify to the fact of birth within the required 72 hours, the person in charge of the hospital or his designated representative shall complete and sign the certification.

      2.  If a birth occurs outside a hospital and the mother and child are not immediately transported to a hospital, the birth certificate must be prepared and filed by one of the following persons in the following order of priority:

      (a) The physician in attendance at or immediately after the birth.


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ê1997 Statutes of Nevada, Page 2339 (Chapter 489, AB 401)ê

 

      (b) Any other person in attendance at or immediately after the birth.

      (c) The father, mother or, if the father is absent and the mother is incapacitated, the person in charge of the premises where the birth occurred.

      3.  If a birth occurs in a moving conveyance, the place of birth is the place where the child is removed from the conveyance.

      4.  In cities, the certificate of birth must be filed [at a less interval] sooner than 10 days after the birth if so required by municipal ordinance or regulation.

      5.  [Unless paternity has been determined otherwise by a court of competent jurisdiction, if] If the mother was:

      (a) Married at the time of birth, the name of her husband must be entered on the certificate as the father of the child [.

      (b) Unmarried or widowed] unless:

             (1) A court has issued an order establishing that a person other than the mother’s husband is the father of the child; or

             (2)The mother and a person other than the mother’s husband have signed an affidavit for the voluntary acknowledgment of paternity developed by the board pursuant to section 286 of this act.

      (b) Widowed at the time of birth but married at the time of conception, the name of her husband at the time of conception must be entered on the certificate as the father of the child [.] unless:

             (1) A court has issued an order establishing that a person other than the mother’s husband at the time of conception is the father of the child; or

             (2) The mother and a person other than the mother’s husband at the time of conception have signed an affidavit for the voluntary acknowledgment of paternity developed by the board pursuant to section 286 of this act.

      6.  If the mother was unmarried at the time of birth , [and conception,] the name of the father [must] may be entered on the original certificate of birth only if [the father executes] :

      (a) The provisions of paragraph (b) of subsection 5 are applicable;

      (b) A court has issued an order establishing that the person is the father of the child; or

      (c) The mother and father of the child have signed an affidavit [acknowledging paternity of the child and the mother consents thereto. If both the mother and father execute an affidavit acknowledging paternity, the presumption of paternity is conclusive if the acknowledgment is not revoked or rescinded within 6 months after the filing with the state registrar or after the attainment of the age of majority of the person seeking revocation or rescission, whichever is later.] for the voluntary acknowledgment of paternity developed by the board pursuant to section 286 of this act. If both the father and mother execute an affidavit [acknowledging paternity of the child and] consenting to the use of the surname of the father as the surname of the child, the name of the father must be entered on the original certificate of birth and the surname of the father must be entered thereon as the surname of the child. [Affidavits]

      7.  An order entered or an affidavit executed pursuant to [this] subsection 6 must be submitted to the local health officer, his authorized representative, or the attending physician or midwife [prior to the time] before a proper certificate of birth is forwarded to the state registrar.


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ê1997 Statutes of Nevada, Page 2340 (Chapter 489, AB 401)ê

 

representative, or the attending physician or midwife [prior to the time] before a proper certificate of birth is forwarded to the state registrar. The [affidavits executed pursuant to this subsection] order or affidavit must then be delivered to the state registrar for filing. The state registrar’s file of orders and affidavits must be sealed and [affidavits in] the contents of the file may be examined only upon order of a court of competent jurisdiction or at the request of [either] the father or mother [executing the affidavit.] or the welfare division of the department of human resources as necessary to carry out the provisions of 42 U.S.C. § 654a. The local health officer shall complete the original certificate of birth in accordance with [this] subsection 6 and other provisions of this chapter. [The name of the father may not otherwise appear on the original certificate of birth unless paternity has been determined by a court of competent jurisdiction.

      7.  If a determination of paternity has been made by a court of competent jurisdiction, the name of the father as determined by the court must be entered on the certificate.]

      8.  As used in this section, “court” has the meaning ascribed to it in section 160 of this act.

      Sec. 291.  NRS 440.325 is hereby amended to read as follows:

      440.325  1.  In the case of the paternity of a child being established by the:

      (a) Mother and father acknowledging paternity of a child by signing an affidavit [;] for the voluntary acknowledgment of paternity developed by the board pursuant to section 286 of this act; or

      (b) Order of a district court,

the state registrar, upon the receipt of the affidavit or court order, shall prepare a new certificate of birth in the name of the child as shown in the affidavit or order with no reference to the fact of legitimation.

      2.  The new certificate must be identical with the certificate registered for the birth of a child born in wedlock.

      3.  [The] Except as otherwise provided in subsection 4, the evidence upon which the new certificate was made and the original certificate must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.

      4.  The state registrar shall, upon the request of the welfare division of the department of human resources, open a file that has been sealed pursuant to subsection 3 to allow the division to compare the information contained in the affidavit or order upon which the new certificate was made with the information maintained pursuant to 42 U.S.C. § 654a.

      Sec. 291.5.  (Deleted by amendment.)

      Sec. 292.  NRS 440.380 is hereby amended to read as follows:

      440.380  1.  The medical certificate of the death must be signed by the physician, if any, last in attendance on the deceased, or pursuant to regulations adopted by the board, it may be signed by the attending physician’s associate physician, the chief medical officer of a hospital or institution in which death occurred, or the pathologist who performed an autopsy upon the deceased. The person who signs the medical certificate of death shall specify:

      (a) The social security number of the deceased.


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ê1997 Statutes of Nevada, Page 2341 (Chapter 489, AB 401)ê

 

      (b) The hour and day on which death occurred.

      [(b)](c) The cause of death, so as to show the cause of disease or sequence of causes resulting in death, giving first primary cause of death or the name of the disease causing death , [(primary cause),] and the contributory [(secondary)] or secondary cause, if any, and the duration of each.

      2.  In deaths in hospitals or institutions, or of nonresidents, the physician shall furnish the information required under this section, and may state where, in his opinion, the disease was contracted.

      Sec. 293.  NRS 440.495 is hereby amended to read as follows:

      440.495  Upon presentation of a completed certificate of death, the county health officer shall send a certified copy of the certificate of death or a certified list of any person who, at the time of death was 17 years of age or older, to the county clerk or registrar of voters of the county where the deceased person resided. Each certified list must contain the social security numbers of the persons whose names are included on the list.

      Sec. 294.  NRS 440.510 is hereby amended to read as follows:

      440.510  If the interment or other disposition of the body is to be made within the state, the wording of the burial permit may be limited to a statement by the local health officer and over his signature that a satisfactory certificate of death having been filed with him as required by law permission is granted to inter, remove or otherwise dispose of the body of the deceased. The permit [shall state] must include the name, age, sex, social security number and cause of death [,] of the decedent, the name of the place where the human remains will be interred, inurned or buried, and any other [necessary] details required on the form prescribed by the board.

      Sec. 295.  NRS 449.246 is hereby amended to read as follows:

      449.246  1.  Before discharging an unmarried woman who has borne a child, a hospital or obstetric center shall provide [:

      1.  To] to the child’s mother and father [, the] :

      (a) The opportunity to [complete,] sign, in the hospital, an affidavit [acknowledging paternity.

      2.  To the mother and, if available, the father:

      (a)]for the voluntary acknowledgment of paternity developed pursuant to section 286 of this act;

      (b) Written materials about establishing paternity;

      [(b)](c) The forms necessary to acknowledge paternity voluntarily;

      [(c)](d) A written description of the rights and responsibilities of acknowledging paternity; and

      [(d)](e) The opportunity to speak by telephone with personnel of the program for enforcement of child support who are trained to clarify information and answer questions about the establishment of paternity.

      2.  The state welfare administrator shall adopt the regulations necessary to ensure that the services provided by a hospital or obstetric center pursuant to this section are in compliance with the regulations adopted by the Secretary of Health and Human Resources pursuant to 42 U.S.C. § 666(a)(5)(C).


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ê1997 Statutes of Nevada, Page 2342 (Chapter 489, AB 401)ê

 

      Sec. 296.  NRS 481.063 is hereby amended to read as follows:

      481.063  1.  The director may charge and collect reasonable fees for official publications of the department and from persons making use of files and records of the department or its various divisions for a private purpose. All money so collected must be deposited in the state treasury for credit to the motor vehicle fund.

      2.  The director may release personal information from a file or record relating to the driver’s license, identification card or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated [no] not more than 90 days before the date of the request. The written release must be in a form required by the director.

      3.  Except as otherwise provided in subsection 2, the director shall not release to any person who is not a representative of the welfare division of the department of human resources or an officer, employee or agent of a law enforcement agency or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415, 253.044 or 253.220, or who is not authorized to transact insurance pursuant to chapter 680A of NRS:

      (a) A list which includes license plate numbers combined with any other information in the records or files of the department;

      (b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

      (c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

      4.  Except as otherwise provided in subsections 2 and 5, the director shall not release any personal information from a file or record relating to a driver’s license, identification card or title or registration of a vehicle.

      5.  Except as otherwise provided in subsection 6, if a person or governmental entity appears in person or by its representative, provides a description of the information requested and its proposed use and signs an affidavit to that effect, the director may release any personal information from a file or record relating to a driver’s license, identification card or title or registration of a vehicle for use:

      (a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. In addition, the director may, by regulation, establish a procedure whereby a governmental entity may retrieve such information electronically or by written request in lieu of appearing personally and complying with the other requirements of this subsection.


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electronically or by written request in lieu of appearing personally and complying with the other requirements of this subsection.

      (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

      (c) In connection with matters relating to:

             (1) The safety of drivers of motor vehicles;

             (2) Safety and thefts of motor vehicles;

             (3) Emissions from motor vehicles;

             (4) Alterations of products related to motor vehicles;

             (5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

             (6) Monitoring the performance of motor vehicles;

             (7) Parts or accessories of motor vehicles;

             (8) Dealers of motor vehicles; or

             (9) Removal of nonowner records from the original records of motor vehicle manufacturers.

      (d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

      (e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

      (f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

      (g) By a private investigator, private patrolman or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

      (h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated federally licensed radio or television station for a journalistic purpose. The department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

      (i) In connection with an investigation conducted pursuant to NRS 253.0415, 253.044 or 253.220.

      (j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

      (k) In the bulk distribution of surveys, marketing material or solicitations, if the director has adopted policies and procedures to ensure that:

             (1) The information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations;


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             (2) Each person about whom the information is requested has clearly been provided with an opportunity to prohibit such a use; and

             (3) If the person about whom the information is requested prohibits in a timely manner such a use, the bulk distribution will not be directed toward that person.

      6.  Except as otherwise provided in paragraph (j) of subsection 5, a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 5. Such a person shall keep and maintain for 5 years a record of:

      (a) Each person to whom the information is provided; and

      (b) The purpose for which that person will use the information.

The record must be made available for examination by the department at all reasonable times upon request.

      7.  Except as otherwise provided in subsection 2, the director may deny any use of the files and records if he reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

      8.  Except as otherwise provided in NRS 485.316, the director shall not allow any person to make use of information retrieved from the data base created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that data base.

      9.  The director shall adopt such regulations as he deems necessary to carry out the purposes of this section. In addition, the director shall, by regulation, establish a procedure whereby a person who is requesting personal information and has personally appeared before an employee of the department at least once may establish an account with the department to facilitate his ability to request information electronically or by written request if he has submitted to the department proof of his employment or licensure, as applicable, and a signed and notarized affidavit acknowledging:

      (a) That he has read and fully understands the current laws and regulations regarding the manner in which information from the department’s files and records may be obtained and the limited uses which are permitted;

      (b) That he understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

      (c) That he understands that a record will be maintained by the department of any information he requests; and

      (d) That he understands that a violation of the provisions of this section is a criminal offense.

      10.  It is unlawful for any person to:

      (a) Make a false representation to obtain any information from the files or records of the department.

      (b) Knowingly obtain or disclose any information from the files or records of the department for any use not permitted by the provisions of this chapter.

      11.  As used in this section, “personal information” means information that reveals the identity of a person, including his photograph, social security number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability.


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ê1997 Statutes of Nevada, Page 2345 (Chapter 489, AB 401)ê

 

name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.

      Sec. 297.  (Deleted by amendment.)

      Sec. 298.  Title 53 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 299 to 307, inclusive, of this act.

      Sec. 299.  As used in chapter, unless the context otherwise requires, the words defined in sections 300 to 304, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 300.  “Business day” has the meaning ascribed to it in 42 U.S.C. § 653a(g)(3).

      Sec. 301.  “Department” means the department of employment, training and rehabilitation.

      Sec. 302.  “Division” means the employment security division of the department.

      Sec. 303.  “Employee” has the meaning ascribed to it in 42 U.S.C. § 653a(a)(2)(A).

      Sec. 304.  “Employer” has the meaning ascribed to it in 42 U.S.C. § 653a(a)(2)(B).

      Sec. 305.  1.  The division shall establish and maintain a directory of the newly hired employees in this state that complies with the requirements set forth in 42 U.S.C. § 653a.

      2.  Within 3 business days after the date information regarding a newly hired employee is entered into the directory established pursuant to subsection 1, the welfare division of the department of human resources shall provide the information to the National Directory of New Hires established pursuant to 42 U.S.C. § 653(i).

      3.  Each calendar quarter, the department shall submit to the Secretary of Health and Human Services the information required by the Secretary pursuant to 42 U.S.C. § 653a(g)(2)(B).

      4.  Upon request, the department shall provide the information included in the directory established pursuant to subsection 1 to the agencies described in 42 U.S.C. § 653a(h).

      Sec. 306.  1.  The department shall, not less than once each business day, provide to the chief of the program for the enforcement of child support of the welfare division of the department of human resources the information included in the directory established pursuant to section 305 of this act. The department shall provide the information by electronic or magnetic transmission.

      2.  The chief shall, pursuant to the provisions of 42 U.S.C. § 653a(f), compare the information received pursuant to subsection 1 with the information contained in the state case registry established by the welfare division of the department of human resources pursuant to 42 U.S.C. § 654a.

      Sec. 307.  1.  Each employer shall, within the time prescribed in 42 U.S.C. § 653a, provide to the division a report that contains the information required pursuant to 42 U.S.C.


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ê1997 Statutes of Nevada, Page 2346 (Chapter 489, AB 401)ê

 

information required pursuant to 42 U.S.C. § 653a concerning an employee.

      2.  The division shall include in the directory of newly hired employees the information received pursuant to this section within 5 business days after the receipt of the information.

      3.  In addition to any other penalty provided by law, the division may adopt by regulation a civil penalty of less than $25 for an employer who fails to comply with the provisions of 42 U.S.C. § 653a. Any such penalty must be imposed by the division after notice and an opportunity for a hearing.

      Sec. 308.  NRS 612.448 is hereby amended to read as follows:

      612.448  1.  [Benefits] In addition to any restrictions imposed pursuant to section 5 of this act, benefits are not payable on the basis of services performed by an alien unless, at the time the services were performed, he was:

      (a) Lawfully admitted for permanent residence in the United States;

      (b) Lawfully present in the United States for the purpose of performing the services; or

      (c) Otherwise permanently residing in the United States under color of law, including an alien who was lawfully present in the United States pursuant to section 207, 208 or 212(d)(5) of the Immigration and Nationality Act.

      2.  Any data or information required of persons applying for benefits to determine whether benefits are not payable to them because of their alien status must be uniformly required from all applicants for benefits.

      3.  In the case of any person whose application for benefits would otherwise be approved, a determination that benefits to that person are not payable because of his alien status may not be made except upon a preponderance of the evidence.

      4.  Any modification of any condition or any effective date for the denial of benefits based on services performed by an alien under the provisions of 26 U.S.C. § 3304(a)(14) which must be made by this state as a condition for full tax credit against the tax imposed by the Unemployment Compensation Amendments of 1976 (P.L. 94-566) must be adopted by regulation of the administrator.

      Sec. 308.5.  Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:

      The labor commissioner shall adopt regulations to establish the procedures required pursuant to 42 U.S.C. § 607(f).

      Sec. 309.  NRS 616A.120 is hereby amended to read as follows:

      616A.120  [Any] Except as otherwise provided in NRS 616A.125, any person who participates in a program [to obtain education and experience for employment] of job training administered by the welfare division of the department of human resources [pursuant to subsection 3 of NRS 422.375] shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of the welfare division at the wage of $150 per month and is entitled to the benefits of those chapters.


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ê1997 Statutes of Nevada, Page 2347 (Chapter 489, AB 401)ê

 

      Sec. 310.  Section 46 of this act is hereby amended to read as follows:

       Sec. 46.  “State” has the meaning ascribed to it in [NRS 130.0432.] section 218 of this act.

      Sec. 311.  Sec. 47 of this act is hereby amended to read as follows:

       Sec. 47.  [1.]  To the extent that any provision of this chapter is inconsistent with the provisions of [28 U.S.C. § 1738B] chapter 130 of NRS regarding the effect, enforcement or modification of an order relating to the support of a child issued by a court other than a court of this state, the provision of this chapter does not apply to the order. The enforcement and any modification of such an order must comply with the provisions of [28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.

       2.  For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.] chapter 130 of NRS.

      Sec. 312.  Section 69 of this act is hereby amended to read as follows:

       Sec. 69.  1.  The division shall adopt regulations establishing a formula for:

       (a) The adjustment of court orders for the support of children based upon changes in the cost of living; and

       (b) The times at which such an adjustment is appropriate.

       2.  If a request for the review of a court order for the support of a child has not been filed pursuant to NRS 125B.145 for such a time as the division establishes pursuant to subsection 1, the chief may, as provided in this section, order the responsible parent to pay monthly the amount he is required to pay pursuant to the court order plus an additional amount to compensate for changes in the cost of living.

       3.  Upon request by the responsible parent, the person to whom support is owed or the enforcing authority, the chief shall:

       (a) Determine, in accordance with the formula established pursuant to subsection 1, the amount of the additional payments; and

       (b) Notify the responsible parent, by first-class mail to his last known address, of the amount of the additional payments and that the additional payments must be made within 30 days after the mailing of the notice to the parent unless a request for a review of the court order is filed pursuant to NRS 125B.145 within that time.

       4.  If a request for a review of the court order:

       (a) Is filed pursuant to NRS 125B.145 within those 30 days, the court shall proceed pursuant to that section and the chief shall not enter an order pursuant to this section.

       (b) Is not filed pursuant to NRS 125B.145 within those 30 days, the chief shall order the responsible parent to pay the additional amount.

       5.  An order entered by the chief pursuant to this section expires upon modification or adjustment, pursuant to NRS 125B.145, of the court order upon which the order entered by the chief is based.


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ê1997 Statutes of Nevada, Page 2348 (Chapter 489, AB 401)ê

 

       6.  The provisions of NRS 125B.080 do not apply to the entry of an order by the chief pursuant to this section.

       7.  As used in this section, “court order” means an order that a court of this state has jurisdiction to modify pursuant to [28 U.S.C. § 1738B.] chapter 130 of NRS.

      Sec. 313.  Section 121 of this act is hereby amended to read as follows:

       Sec. 121.  “State” has the meaning ascribed to it in [NRS 130.0432.] section 218 of this act.

      Sec. 314.  Section 123 of this act is hereby amended to read as follows:

       Sec. 123.  [1.]  To the extent that any provision of this chapter is inconsistent with the provisions of [28 U.S.C. § 1738B] chapter 130 of NRS regarding the effect, enforcement or modification of an order relating to the support of a child issued by a court other than a court of this state, the provision of this chapter does not apply to the order. The enforcement and any modification of such an order must comply with the provisions of [28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.

       2.  For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.] chapter 130 of NRS.

      Sec. 315.  Section 161 of this act is hereby amended to read as follows:

       Sec. 161.  “State” has the meaning ascribed to it in [NRS 130.0432.] section 218 of this act.

      Sec. 316.  Section 162 of this act is hereby amended to read as follows:

       Sec. 162.  [1.]  To the extent that any provision of this chapter is inconsistent with the provisions of [28 U.S.C. § 1738B] chapter 130 of NRS regarding the effect, enforcement or modification of an order relating to the support of a child issued by a court other than a court of this state, the provision of this chapter does not apply to the order. The enforcement and any modification of such an order must comply with the provisions of [28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.

       2.  For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.] chapter 130 of NRS.


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ê1997 Statutes of Nevada, Page 2349 (Chapter 489, AB 401)ê

 

      Sec. 317.  Section 167 of this act is hereby amended to read as follows:

       Sec. 167.  1.  A lien against the real or personal property of a responsible parent arising in another state to enforce an order that is entitled to recognition [in this state] pursuant to chapter 130 of NRS must be afforded full faith and credit in this state if the order and forms prescribed by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 652(a)(11)(B) are recorded in the manner prescribed in section 166 of this act for a lien that arises in this state.

       2.  Notwithstanding the provisions of NRS 21.075, a person who wishes to enforce in this state a lien recorded pursuant to subsection 1 is not required to provide notice to the responsible parent and the responsible parent is not entitled to a hearing before the lien is enforced in this state.

      Sec. 318.  Section 277 of this act is hereby amended to read as follows:

       Sec. 277.  1.  If a support-enforcement agency of this state receives a request from a support-enforcement agency of another state to enforce a support order, the support-enforcement agency of this state shall respond to the request as required by 42 U.S.C. § 666. The request shall be deemed to constitute a certification by the support-enforcement agency of the other state:

       (a) Of the amount of support under the order for which payment is in arrears; and

       (b) That the agency has complied with all requirements for procedural due process applicable to the case.

       2.  A support-enforcement agency of this state may, by electronic or other means, transmit to the appropriate agency of another state a request for assistance in a case involving the enforcement of a support order. The request must include:

       (a) Such information as will enable the agency to which the request is transmitted to compare information about the case to information maintained in that state; and

       (b) A certification by the support-enforcement agency of this state:

             (1) Of the amount of support under the order for which payment is in arrears; and

             (2) That the agency has complied with all requirements for procedural due process applicable to the case.

       3.  If a support-enforcement agency of this state provides assistance to a support-enforcement agency of another state pursuant to subsection 1, no support-enforcement agency of this state may, for the purposes of Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.), consider the case to be transferred to the caseload of this state.

       4.  A support-enforcement agency of this state shall maintain records of:

       (a) The number of requests received from a support-enforcement agency of another state pursuant to subsection 1;

       (b) The number of cases for which the support-enforcement agency of this state collected support in response to such a request; and


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ê1997 Statutes of Nevada, Page 2350 (Chapter 489, AB 401)ê

 

       (c) The amount of support collected in response to such a request.

       [5.  As used in this section, “support-enforcement agency” means a public official or agency authorized to:

       (a) Seek the enforcement of support orders or laws relating to the duty of support;

       (b) Seek the establishment or modification of child support;

       (c) Seek a determination of parentage; or

       (d) Locate obligors or their assets.]

      Sec. 319.  Section 1 of Assembly Bill No. 34 of this session is hereby amended to read as follows:

       Section 1.  NRS 19.013 is hereby amended to read as follows:

       19.013  1.  Except as otherwise provided by specific statute, each county clerk shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer...........................           $56

On an appeal to the district court of any case from a justice’s court or a municipal court, or on the transfer of any case from a justice’s court or a municipal court      ................................................................................................... 42

On the filing of a petition for letters testamentary, letters of administration, setting aside an estate without administration, or a guardianship, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:

Where the stated value of the estate is more than [$1,000] $2,500                   72

Where the stated value of the estate is [$1,000] $2,500 or less, no fee may be charged or collected.

On the filing of a petition to contest any will or codicil, to be paid by the petitioner      ................................................................................................... 44

On the filing of an objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter..................................             44

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them      ................................................................................................... 44

For filing a notice of appeal...................................................................             24

For issuing a transcript of judgment and certifying thereto.............               3

For preparing any copy of any record, proceeding or paper, for each page           1

For each certificate of the clerk, under the seal of the court............. 3 For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate.................................................................           5

 


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ê1997 Statutes of Nevada, Page 2351 (Chapter 489, AB 401)ê

 

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate.................................               5

For filing all papers not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity..............................................................................................             15

For issuing any certificate under seal, not otherwise provided for.               6

For searching records or files in his office, for each year.................               1

For filing and recording a bond of a notary public, per name..........             15

For entering the name of a firm or corporation in the register of the county clerk       15

 

       2.  Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by the county clerk.

       3.  The fees set forth in subsection 1 are payment in full for all services rendered by the county clerk in the case for which the fees are paid, including the preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.

       4.  No fee may be charged any attorney at law admitted to practice in this state for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

       5.  Each county clerk shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 320.  1.  NRS 422.007, 422.370, 422.373 and 422.375 are hereby repealed.

      2.  NRS 31A.240, 31A.260, 425.3815, 425.3842 and 440.320 are hereby repealed.

      3.  NRS 31A.210, 31A.220, 31A.230, 130.010, 130.020, 130.030, 130.040, 130.041, 130.0411, 130.0412, 130.0413, 130.0414, 130.0415, 130.042, 130.0421, 130.0422, 130.0423, 130.0424, 130.0425, 130.043, 130.0431, 130.0432, 130.0433, 130.0434, 130.050, 130.060, 130.070, 130.080, 130.090, 130.100, 130.110, 130.115, 130.120, 130.130, 130.140, 130.150, 130.160, 130.180, 130.190, 130.200, 130.205, 130.207, 130.209, 130.210, 130.220, 130.230, 130.240, 130.245, 130.250, 130.260, 130.265, 130.280, 130.290, 130.305, 130.310, 130.320, 130.330, 130.340, 130.350, 130.360 and 130.370 are hereby repealed.

      Sec. 321.  1.  Except as otherwise provided in subsection 2, a regulation adopted by the state welfare board before the effective date of this section remains in effect as a regulation of the administrator of the welfare division of the department of human resources until amended or repealed by the administrator.


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ê1997 Statutes of Nevada, Page 2352 (Chapter 489, AB 401)ê

 

      2.  This act does not affect any regulation adopted by the state welfare board for its own management and government.

      Sec. 322.  The amendatory provisions of section 170 of this act do not affect any penalties accruing pursuant to NRS 125B.095 before the effective date of section 170 of this act.

      Sec. 323.  1.  Except as otherwise provided in subsection 2, the amendatory provisions of this act do not affect a presumption arising pursuant to paragraph (f) of subsection 1 of NRS 126.051 before the effective date of section 184 of this act.

      2.  A presumption that arises pursuant to paragraph (f) of subsection 1 of NRS 126.051 before the effective date of section 184 of this act is nullified if the mother and father of the child sign an affidavit for the voluntary acknowledgment of paternity pursuant to section 180 of this act.

      Sec. 323.3.  1.  The welfare division of the department of human resources shall conduct a study of the feasibility of organizing the program to provide temporary assistance for needy families in such a manner that:

      (a) After a household has received benefits pursuant to the program for 24 months, regardless of whether those months are consecutive or cumulative, the household is prohibited from receiving additional benefits for 12 consecutive months;

      (b) If a household has not received benefits for 12 consecutive months, the household is eligible to receive benefits for an additional 12 months, regardless of whether those months are consecutive or cumulative; and

      (c) A household that has received additional benefits in the manner described in paragraph (b) is prohibited from receiving additional benefits for 12 consecutive months, but may thereafter receive benefits for 12 additional months in the manner described in paragraph (b) until the household becomes ineligible for benefits pursuant to 42 U.S.C. § 608(a)(7).

      2.  The welfare division shall report the results of the study conducted pursuant to this section and any recommendations for legislation to the director of the legislative counsel bureau on or before January 1, 1999, for transmittal to the 70th session of the Nevada legislature.

      Sec. 323.7.  1.  The welfare division of the department of human resources shall prepare a report on the number of children born into households that are receiving benefits pursuant to the program to provide temporary assistance for needy families. The report must include:

      (a) The number of households which are receiving benefits pursuant to the program and which include a child who was born not less than 10 months after the head of the household applied for those benefits; and

      (b) The amount by which the benefits provided to those households were increased to reflect the birth of the child.

      2.  The welfare division shall provide a copy of the report to the director of the legislative counsel bureau on or before January 1, 1999, for transmittal to the 70th session of the Nevada legislature.

      Sec. 324.  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.

 

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