NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND TWENTY-NINTH DAY
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Carson City (Wednesday), May 28, 1997
Assembly called to order at 10:44 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Lt. John Van Cleef.
Sovereign Lord, as we gather this day we are mindful of the fact that this body gathers in representation of people. As they govern life, liberty and the pursuit of happiness I pray these men and women will be mindful of their constituency and their needs, both great and small. In Jesus' name.
Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair for the purpose of hearing musical renditions by the Smith Valley High School Choir.
Motion carried.
Assembly in recess at 10:48 a.m.
ASSEMBLY IN SESSION
At 11:02 a.m.
Mr. Speaker presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 387, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Christina R. Giunchigliani,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 76, 459; Senate Bill No. 136, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 458, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bill No. 420; Senate Bill No. 128, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Labor and Management, to which was referred Assembly Bill No. 38, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Saundra Krenzer,
Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Senate Bill No. 246, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Robert E. Price,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 403, 442, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne Chowning,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 431, 434, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Close, Amodei, Cegavske, Von Tobel, de Braga, Price, Hettrick, Arberry, Marvel, Neighbors, Collins, Parks, Lambert, Mortenson, Sandoval, Gustavson, Braunlin, Humke, Ernaut, Freeman, Koivisto, Herrera, Carpenter, Nolan, Berman, Dini, Evans, Goldwater, Anderson, Bache, Hickey, Segerblom, Tiffany, Manendo, Ohrenschall, Lee and Williams:
Assembly Joint Resolution No. 14--Urging Congress to amend the National Voter Registration Act of 1993 to allow discretion in determining whether a person is a citizen of the United States before providing a voter registration application form.
Assemblyman Close moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Evans, Dini, Perkins, Ohrenschall, Giunchigliani, Arberry, Williams, Buckley, Krenzer, Price, Segerblom, Mortenson, Manendo, Freeman, Goldwater, de Braga, Ernaut, Parks, Nolan, Koivisto, Herrera, Hickey, Close, Lambert, Amodei, Tiffany, Berman, Gustavson, Collins, Von Tobel, Chowning, Sandoval, Braunlin, Humke, Carpenter, Marvel, Hettrick, Bache, Neighbors, Cegavske, Lee and Anderson:
Assembly Concurrent Resolution No. 29--Memorializing former Governor Grant Sawyer.
Whereas, The Nevada Legislature along with the entire state was profoundly grieved to note the passing of former Governor Grant Sawyer on February 19, 1996; and
Whereas, Grant Sawyer was born to Harry and Bula Sawyer on December 14, 1918, in Twin Falls, Idaho; and
Whereas, After graduating from the University of Nevada, Reno, in 1941 and attending George Washington School of Law, Grant Sawyer, as a second lieutenant in the United States Army, helped set up an administration for the new Philippines Republic immediately following World War II; and
Whereas, After exiting the military, Grant Sawyer graduated from Georgetown University, settled in Elko, and was elected Elko District Attorney in 1950; and
Whereas, In 1958, Grant Sawyer became the youngest person ever elected as Governor of Nevada, being elected to the first of his two terms by the then largest margin of victory in Nevada history; and
Whereas, Governor Sawyer's decisive support for civil rights, as exemplified in acts such as his creation of the Nevada Equal Rights Commission, transformed the State of Nevada; and
Whereas, Governor Sawyer created and maintained a policy of rigid licensing and regulation in the gaming industry, thereby fighting the influence of organized crime and preserving the industry as an essential component of the State of Nevada; and
Whereas, The reorganization of government performed under Governor Sawyer became an example to the nation; and
Whereas, After leaving office in 1967, Governor Sawyer joined with Samuel S. Lionel to found the law firm now known as Lionel Sawyer & Collins, which has grown to be the largest law firm in the State of Nevada, where he served as chairman of the firm's administrative and gaming law department for more than 25 years, a period during which he led his department to great international recognition and achievement in the field of gaming law; and
Whereas, Governor Sawyer served as President of the Elko County Bar Association, President of the State District Attorneys' Association, Chairman of the State Democratic Central Committee, a member of the Board of Regents of the University of Nevada, General Counsel and Consultant to the Education Commission of the States, General Counsel for the Heart Fund Council in Nevada, a member of the Board of Directors of the National Judicial College and Chairman of the Nevada Commission on Nuclear Projects; and
Whereas, Governor Sawyer is survived by his wife Bette Sawyer, his daughter Gail Sawyer and his brother Harry Sawyer; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature extends its heartfelt sympathy to the family of Governor Grant Sawyer; and be it further
Resolved, That the Nevada Legislature along with the entire state honors the important advances achieved for the State of Nevada by Governor Grant Sawyer, and finds solace and inspiration in his singular example of commitment and accomplishment; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Sawyer's widow, Bette Sawyer.
Assemblywoman Evans moved the adoption of the resolution.
Remarks by Assemblymen Evans, Ernaut, Close, Carpenter, Price, Ohrenschall, Segerblom, Perkins, Dini, Mortenson and Anderson.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Evans:
Thank you, Mr. Speaker. In the firmament of Nevada's chief executives, no star shines with more radiance than that of Governor Grant Sawyer.
Each Governor leaves with us his own unique legacy. Grant Sawyer will be remembered for a lot of reasons, but especially for two very significant achievements. First, many believe that his greatest contribution was in demanding forceful gaming regulation. Remember that organized crime had its tentacles in Nevada, but the tax revenue from legalized gaming made state government solvent, and many in elected office found it convenient and prudent to look the other way. Reform began under Governor Russell with the establishment of the Gaming Control Board, but it was Governor Sawyer who created the State Gaming Commission with what amounted to autonomous powers in the granting and denying of gaming licenses.
Still, the specter of mob influence hung over Nevada. When Governor Sawyer learned that a raid on Nevada casinos was being planned by the U.S. Department of Justice, he went to Washington and complained to then Attorney General Robert Kennedy. Getting no satisfaction, he took his case to the President, and the raid was never staged. Governor Sawyer believed that Nevada should take responsibility for its problems and not fall under federal authority.
At the same time, Governor Sawyer saw that gaming regulation provided a key tool in his battle against racial discrimination. We all know that there was a time when Nevada was called the "Mississippi of the West," and that the state was regularly embarrassed by hotel and casino policies that disallowed star performers like Nat King Cole and Sammy Davis, Jr. from being served or staying in the hotels where they performed. When the legislature failed to respond, Governor Sawyer jawboned major casino operators and told them that state policy opposed discrimination in public accommodation and that their operations and licenses would be examined to see if they were in compliance. It marked the beginning of the end of the old system of segregation in Nevada's leading industry.
Tough gaming regulation and new civil rights measures are but two of Governor Sawyer's many accomplishments. I know that others wish to speak about this great Nevadan whose loss we mourn and whose legacy we cherish. Today we honor and celebrate his life and leadership. He saw the future and rushed to meet it. Thank you, Grant Sawyer, for helping to make our state a place of which we can all be proud. We shall never forget you. Rest in peace. Thank you, Mr. Speaker.
Assemblyman Ernaut:
Thank you, Mr. Speaker. About five years ago, in my first term, I was playing golf at the Las Vegas Country Club, and I walked into the Men's Grill on the first floor to get a sandwich. Sitting alone at a table, very unassuming, was Governor Sawyer. I didn't notice him when I first walked in. He had on a hat and really wasn't talking with anyone. I sat at the table just a couple of feet away. The next thing I heard was, "Mr. Ernaut?" I turned, and seeing Governor Sawyer, went over to him. I was extremely flattered that he actually knew who I was.
Governor Sawyer took the time to give me a lot of advice, not just that day, but on other occasions. I had an opportunity to talk with him near the day that he passed, and I asked him why he had put his arm around me, so to speak, and he said, "You know, us Elko guys have got to stick together." He was a great man. He was one of the icons of this state. The Laxalts, the O'Callaghans, the Sawyers, the Russells--these were the people that made the really tough decisions. They fought forces that none of us have had to in our tenure.
I hope history treats Governor Sawyer with due respect because he was a giant, and he was somebody who shaped this state and should be remembered by each and every one of us and by all of our children.
Assemblyman Close:
I rise in support of ACR 29. With my 47-year history as a resident of the State of Nevada, I've had the opportunity to meet many fine individuals, and I would classify Governor Sawyer as being one of those individuals who is a true Nevadan. He had great foresight, probably greater than anyone that I knew, for looking to the future to what Nevada needed to do to become what we are today. He was committed to the state.
Governor Sawyer was very concerned about the welfare of others. He was much more concerned about them than he was for himself. He was a great and very accomplished politician. In his lifetime, he probably forgot more about politics than I even know and maybe many in this body know.
Governor Sawyer was a great campaigner. I had a great opportunity to relish that when my father was his opponent in the Democratic primary back in 1963. He killed my father's campaign, only because he was a great campaigner. Through it all, he was a gentleman. He was very concerned about the campaign. He even contacted my father during the campaign and asked him how he was doing. That was the type of man that he was. Even though my father lost, he had a great respect for Governor Sawyer, and they were friends up until the time my father passed away.
I think Governor Sawyer is a true representative of the state of Nevada, and I surely concur with the accolades which he is receiving this day. I'm sorry he's not here to see it, but I hope he's looking down upon us today to hear what we're saying about him. Thank you, Mr. Speaker.
Assemblyman Carpenter:
I, too, rise in support of ACR 29. As the resolution mentions, Governor Sawyer was born in Twin Falls, Idaho, which is just across the line from Elko, and he served as our district attorney.
The thing that I remember most about Governor Sawyer is that he never forgot his roots in rural Nevada. You could call him and ask him for advice or help, and he would always call you back.
I just want to add my support to this resolution. I know that Elko County is a better county because Grant Sawyer was our district attorney and helped us many, many times with the tough problems that we have in rural Nevada.
Assemblyman Perkins:
I, too, rise in support of ACR 29. The most difficult thing about speaking to a resolution that honors somebody such as Governor Sawyer is trying to reach down inside and feel worthy to even speak to it.
I, too, can share a story much like that of the Assistant Minority Leader. I met Governor Sawyer early in my political career and spent some time with him and received his advice and counsel. I was truly humbled by his great accomplishments and his sage advice. Governor Sawyer was a great visionary. He saw things that other people just didn't see. He was very passionate about the things he believed in and pursued them with great vigor. His mentoring can't go unstated either. I'm certain there are many people in this body that feel that they are better people and have better approaches to the public policies in our state because of their contacts with Governor Sawyer.
I have the ability to look across the valley from my home in Henderson, and every time I do, I can see Governor Sawyer in that valley. He had a great impact on Las Vegas and on Elko, and I think it's very true to say that Nevada, Elko, Las Vegas, and everywhere in between, are better places to live because of his efforts.
Assemblywoman Ohrenschall:
Thank you, Mr. Speaker. Many years ago when I was living at McCarran Ranch, I made the decision to accept a job in Las Vegas. Sister Margaret McCarran was appropriately aghast that I was planning to go to "Sin City," a young graduate fresh out of law school who obviously didn't know anything of the world. She told me there was only one thing I could do that would please her. She told me, "I want you to go and see my friend Grant Sawyer. He can look out for you and make sure you're all right."
I followed Sister Margaret's advice. Grant Sawyer gave me an interview, and through the years, he was always there when I needed advice. That's the sort of person he was. He could look at the great issues of the day and yet also at all the little people and what they needed. I urge adoption of this resolution.
Assemblywoman Segerblom:
I rise in support of ACR 29. Grant Sawyer and I were friends from college days. He spent a lot of time at the home of my neighbors, Ralph and Sarah Denton, and we had many good times laughing and joking and talking politics. He was a great friend, and he was a great supporter of the Democratic party, which, of course, I'm beholden to. We also spent time with Bob and Linda Faiss, who live in Boulder City.
Assemblyman Price:
I, too, rise in support of ACR 29. Grant had already served his term as Governor before I actually met him, but like many Nevadans in those days, I had watched his activities and his great accomplishments. Primarily through Democratic party activities over the years, I was fortunate to have an opportunity to become friends with Grant and to receive his advice.
Grant also will stand in the history books as breaking a record that no other governor has accomplished thus far in the history of our state. In 1960, he served through the only annual session that this state ever had, so during his two terms as Governor, he worked with five legislatures. He really enjoyed it.
Grant was very good at selecting the people that he worked with. I think it would be appropriate to mention his chief of staff who is with us today, Dick Ham. We've worked together on many things over the years, and I'm glad that we're doing this today.
A few years ago I was serving on one of our state committees, the State Health Coordinating Council. The council reviewed and made recommendations on the applications of hospitals to purchase materials or equipment. I don't remember the specifics, but we had an application before us that was quite controversial. On the day of the hearing, the attorney representing one side was Harry Reid and the attorney representing the other side was Grant Sawyer. As I sat there and listened to their arguments, it occurred to me that it was something of a historical thing to have such fine Nevadans on each side.
I would like to read into the record a fax that I received from the office of Nevada Senator Harry Reid.
- It is with great honor that I speak of Grant Sawyer. Upon his death last year, Nevada lost a true pioneer, but his legacy will continue to live on for years to come.
- Grant Sawyer was able to look past conventional wisdom when it came to race relations in the Silver State. During his term, he was a champion for equal rights, advocating equal opportunity for all. His victories pushed Nevada into the future and paved the way for the growth and success we can boast about today.
- Grant Sawyer was also a pioneer for the Democratic Party in Nevada. He led the party to numerous victories and his service and innovative leadership on the Democratic National Committee was admirable.
- Grant Sawyer set a standard for successful leadership in Nevada, but his visions and ideas will endure. His accomplishments truly exemplify the unique spirit of the Silver State and we are better for his service.
I also received a copy of a certificate of special congressional recognition for Grant Sawyer from the office of Congressman Jim Gibbons. The original will be mailed to his family.
Anyone who has worked and has served in Nevada certainly knows the wonderful accomplishments of Grant, and I'm fully in support of ACR 29. Thank you.
Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:
I certainly must rise in support of this resolution. Before I ever ran for public office, I served as chairman of a Chamber of Commerce committee in Yerington to repave the road from Schurz through Yerington to Fernley. We came over to Carson City about once a week and haunted Grant; he finally got the highway people to take a look at the project and they agreed to do it. This was my break into politics, and Grant and I developed a friendship that lasted many years.
Grant was always good counsel, and he knew what was going on in this state to his last days. He was a man of impeccable integrity. He worked hard to protect the state from federal intrusion into our gaming industry. I wish he was still alive today so he could help us in that effort again, because I think it's one of the most important things that can happen in the history of our state.
Grant was a man who worked hard. In 1966, before we had a constitutional prohibition against serving more than two terms as governor, Grant ran for a third term and was defeated by Governor Laxalt. That was the first election that I won. We talked about it afterward and he said, "Well, you got elected, and I got beat." And that was it.
Grant was always willing to take care of the problems in this state. He was a great man, and he'll be remembered for many years.
I have a letter to read into the record.
- Supreme Court of Nevada
- Miriam Shearing, Chief Justice
- Capitol Complex
- Carson City, Nevada 89710
- May 28, 1997
- President Lawrence E. Jacobsen
- Nevada Senate
- Carson City, NV 89710
- Speaker Joseph E. Dini, Jr.
- Nevada Assembly
- Carson City, NV 89710
- Dear President Jacobsen and Speaker Dini:
- The Supreme Court of Nevada endorses the resolution honoring former Governor Grant Sawyer, one of the greatest statesmen in the history of Nevada and a champion of the rights of all Nevadans.
Yours truly,
Miriam Shearing
Chief Justice
Supreme Court of Nevada
Assemblyman Mortenson:
I knew Grant Sawyer as a private lawyer rather than politician. In 1969, I and two others who worked at the Nevada Test Site knew that we were going to get the ax because Lyndon Johnson had cancelled our program. We "ivory tower" types decided to go out into the big, bad world of business and buy a franchise. Since we were going to buy a franchise, we needed somebody to negotiate on our behalf, so I suggested this new law firm of Lionel Sawyer and Collins. I went to the law firm as the representative of this new organization, and lo and behold, Grant Sawyer, the former Governor, was talking to me. I pled poverty and said that we had to stay here in Nevada and open a business. We were neophytes. Grant Sawyer negotiated a contract for us with the franchise, and it was amazing. He had apparently studied this thing very, very thoroughly, and he negotiated unbelievable advantages for us from the franchise seller. I guess he took the poverty part to heart, too, because with all the work he did, I think he charged us a total of $200. For years afterwards, I'd pick up the phone and call him with problems, and he never turned the clock on. He would listen to my problems, give me good advice and I'd never get a bill from him.
Assemblyman Anderson:
Although it's not part of this resolution, we have another issue here on the floor today that I think deserves recognition from this body. Mr. Faiss, who is sitting with Ms. Evans, has just been recognized nationally as among the 100 most distinguished attorneys in the United States for his expertise on gaming matters.
Resolution adopted.
Assemblywoman Evans moved that all rules be suspended and that Assembly Concurrent Resolution No. 29 be immediately transmitted to the Senate.
Motion carried unanimously.
By Assemblymen de Braga, Hickey, Ohrenschall, Tiffany, Carpenter, Segerblom, Marvel, Neighbors, Berman, Williams, Buckley, Perkins, Arberry, Giunchigliani, Herrera, Close, Humke, Amodei, Von Tobel, Goldwater, Evans, Krenzer, Manendo, Nolan, Price, Sandoval, Mortenson, Cegavske, Collins, Chowning, Ernaut, Hettrick, Gustavson, Lee, Koivisto, Parks, Braunlin, Lambert, Freeman, Bache, Anderson and Dini:
Assembly Concurrent Resolution No. 30--Memorializing the pioneer rancher and former Assemblywoman Josie Alma Woods.
Whereas, The members of the Nevada Legislature were saddened to learn of the passing of pioneer rancher and former Assemblywoman Josie Alma Woods on February 19, 1983; and
Whereas, Josie Alma Woods was born in Clyde, Texas, on December 29, 1889; and Whereas, Arriving in Nevada in the early 1900's, Josie Alma Woods spent 5 years riding a circuit between mining towns in a buckboard, assisting business partner, Dr. Mabel Young, in her dentistry practice; and
Whereas, In 1915, they purchased a 1911 Model T and, because it had a tendency to break down, they paid a mechanic $25 to take the engine apart, describe the works and show them how to repair it themselves; and
Whereas, Josie Alma Woods purchased 40 head of cattle at an estate auction and acquired a former stagecoach and Pony Express station located between Eureka and Austin, Nevada, which she named "The Willows"; and
Whereas, Josie Alma Woods, with no previous ranching experience, soon became known as an expert judge of cattle and transformed the 320-acre homestead into a successful cattle ranch, encompassing 1,200 square miles by the time it was sold in 1954; and
Whereas, In 1942, Josie Alma Woods was the first woman elected to the Nevada Legislature as a representative of Eureka County and, in 1944, she was reelected, serving two terms in the Nevada State Assembly; and
Whereas, Josie Alma Woods was the first woman appointed to serve on the Assembly Standing Committee on Taxation and the Assembly Standing Committee on Banks and Banking; and
Whereas, Josie Alma Woods was a member of the Eureka County Farm Bureau, the Eureka Business and Professional Women's Club, and the National and State Livestock Associations; and
Whereas, Josie Alma Woods embodied the true spirit of the pioneer woman, so much so that her life story was the basis for the popular movie "The Ballad of Josie," which starred Doris Day; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature extend their belated and sincere condolences to the family and friends of Josie Alma Woods; and be it further
Resolved, That the Nevada Legislature celebrates the life and legacy of a pioneer woman who personified the contributions that women have made in our state; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the nieces and nephews of Josie Alma Woods: Mary June Bell, Douglas Woods, Robert Odle, Edward Odle and Kenneth Phillips.
Assemblywoman de Braga moved the adoption of the resolution.
Remarks by Assemblywoman de Braga.
Assemblyman Perkins requested that Assemblywoman de Braga's remarks be entered in the Journal.
The fact that Josie Alma Woods was one of a very few legislators never memorialized by this body was brought to my attention by LCB Researcher Dana Bennett. She made the discovery while working on a women's history project.
Josie was bitten by the political bug in 1940, and she filed as an Independent candidate for commissioner in Eureka County. She did no advertising, very little campaigning and received only 25 percent of the vote. Undaunted and learning much from her first campaign, Josie ran for the Assembly in 1942. She received more than 60 percent of the vote and was the first woman elected to represent Eureka County. She was also the only woman elected to represent Eureka County, until I came along 50 years later. She was reelected in 1944, achieving another milestone by being, at that time, the first woman ever to win reelection to the legislature. During her short term, gaming was legalized in Nevada. She voted for it, stating, "They're doing it anyway, and life is a gamble."
Josie lost her re-election bid in 1946 to a man who had just returned from the war. She had intended to run for the Senate but was promised by Senate candidate Jack Murray that if she didn't run against him, he would get her the support necessary to be reelected to the Assembly. Her opponent, however, took out a full-page ad reminding voters that he had fought for them in the war, and he defeated her.
Another disappointment occurred when Josie, who had written her own story of her life, enlisted the aid of a professional writer to edit it. The ghostwriter sold her story to "some outfit in Hollywood" and the movie, "The Ballad of Josie," starring Doris Day, resulted. Josie never received a penny for her story. She was, however, eternally optimistic and good-natured. Of her years in the legislature she wrote, "All the members of the legislature were grand to me, and some of our smartest men would come to me and ask my opinion. I loved every minute I was in the legislature." She also stated in a letter that she had serious concerns about the high cost of putting a bill through to make it law and indicated that it was a terrible waste because "hundreds of them are never used."
Josie's indomitable spirit endured for 93 years and yet her accomplishments in ranching, community affairs and politics were never properly acknowledged. Through this resolution we will correct a great oversight that was made, and through her family, commend the remarkable Josie Alma Woods for her years of service to the State of Nevada.
Resolution adopted.
Assemblywoman de Braga moved that all rules be suspended and that Assembly Concurrent Resolution No. 30 be immediately transmitted to the Senate.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Assembly Bill No. 417.
Bill read third time.
Remarks by Assemblymen Berman and Collins.
Roll call on Assembly Bill No. 417:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 417 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 444.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 444:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 444 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 207.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Senate Bill No. 207:
Yeas -- 42.
Nays -- None.
Senate Bill No. 207 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 237.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Senate Bill No. 237:
Yeas -- 42.
Nays -- None.
Senate Bill No. 237 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Segerblom, Evans, Williams, de Braga, Ohrenschall, Neighbors, Mortenson, Parks, Buckley, Herrera, Arberry, Koivisto, Chowning, Collins, Von Tobel, Anderson, Manendo, Perkins, Hickey, Freeman, Lee, Giunchigliani, Price and Krenzer:
Assembly Bill No. 543--An Act relating to education; removing the exemption from certain disciplinary procedures that is provided for licensed educational personnel who have negotiated their employment contracts pursuant to the Local Government Employee-Management Relations Act; revising certain procedures regarding the admonishment of licensed educational personnel; providing that certain employees who have been suspended, dismissed or not reemployed are entitled to reinstatement; clarifying that educational personnel who have been suspended for certain reasons are entitled to compensation during the period of their suspension; and providing other matters properly relating thereto.
Assemblywoman Segerblom moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblyman Dini:
Assembly Bill No. 544--An Act making an appropriation to the Department of Transportation for the construction of a bridge at Hafed Crossing in Storey County; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 545--An Act relating to taxicabs; requiring the testing of certain persons who work with taxicabs for the presence of alcohol and controlled substances; imposing certain duties with regard to such testing on taxicab motor carriers and certain certificate holders for the operation of a taxicab business; providing for the confidentiality of such testing; requiring the public service commission of Nevada and the taxicab authority to adopt regulations concerning such testing; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 546--An Act relating to motor vehicles; revising the provisions governing the licensing of short-term lessors of motor vehicles; imposing additional fees on such short-term lessors; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 547--An Act relating to public works projects; requiring the adoption of criteria for the qualification of bidders on a contract for a public work; requiring a person to qualify before bidding on such a contract; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Labor and Management:
Assembly Bill No. 548--An Act relating to industrial insurance; requiring the rates for the plan for equitable apportionment among insurers of persons who are entitled to insurance but who have not been accepted by an insurer to be actuarially determined to ensure that the plan is self-sustaining; eliminating the requirement that a private carrier provide industrial insurance for the same classes of risk for which he provides industrial insurance outside this state; and providing other matters properly relating thereto.
Assemblywoman Krenzer moved that the bill be referred to the Committee on Labor and Management.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 401.
Bill read second time.
The following amendment was proposed by the Committees on Health and Human Services and Judiciary:
Amendment No. 353.
Amend sec. 9, page 4, by deleting lines 2 through 10 and inserting:
"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:
(a) 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
(b) Does not comply with the provisions of NRS 392.040 with respect to that child,
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.".
Amend sec. 16, page 4, line 38, by deleting "care" and inserting:
"care, treatment for the abuse of alcohol or drugs".
Amend sec. 17, page 5, line 13, by deleting "may" and inserting:
"may, with the participation of the head of the household,".
Amend the bill as a whole by adding a new section designated sec. 18.5, following sec. 18, to read as follows:
"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.".
Amend sec. 19, page 5, line 44, by deleting "or".
Amend sec. 19, page 5, after line 44, by inserting:
"(6) Is a person who is 60 years of age or older and is the caretaker of a child who is not a relative of that person; or".
Amend sec. 19, page 6, line 1, by deleting "(6)" and inserting "(7)".
Amend sec. 20, page 6, line 10, after "household " by inserting:
"who is not suffering from a hardship described in subsection 7 of section 23 of this act ".
Amend sec. 21, page 6, line 31, by deleting:
"is not ineligible" and inserting:
"may be determined to be eligible".
Amend sec. 22, page 7, by deleting lines 14 and 15 and inserting:
"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 ".
Amend sec. 22, page 7, by deleting lines 30 and 31 and inserting:
"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 ".
Amend sec. 22, page 8, by deleting lines 2 and 3 and inserting:
"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 ".
Amend sec. 23, page 9, line 20, by deleting "or".
Amend sec. 23, page 9, line 21, after "(f)" by inserting:
"Is a person who is 60 years of age or older and is the caretaker of a child who is not a relative of that person; or
(g)".
Amend sec. 24, page 9, by deleting line 30 and inserting "consecutive months.".
Amend sec. 26, page 10, line 4, by deleting "section 3" and inserting:
"sections 3 and 4".
Amend the bill as a whole by deleting sec. 27 and inserting:
"Sec. 27. (Deleted by amendment.)".
Amend sec. 28, page 10, by deleting line 13 and inserting:
"2. [Aid to families with dependent children;] Temporary assistance for needy families;".
Amend the bill as a whole by deleting sec. 29 and inserting:
"Sec. 29. (Deleted by amendment.)".
Amend sec. 36, page 13, line 35, by deleting ", and " and inserting:
", sections 6 to 25, inclusive, of this act and ".
Amend sec. 37, page 14, by deleting line 10 and inserting:
"(b) [Aid to families with dependent children;] Temporary assistance for needy families;".
Amend sec. 37, page 14, by deleting line 29 and inserting:
"inclusive [.] , and sections 6 to 25, inclusive, of this act.".
Amend the bill as a whole by deleting sec. 38 and inserting:
"Sec. 38. (Deleted by amendment.)".
Amend sec. 40, page 17, by deleting lines 20 through 23 and inserting:
"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.".
Amend sec. 50, page 19, line 30, by deleting "an application" and inserting "a request ".
Amend sec. 53, page 20, line 6, by deleting "A" and inserting:
"Except as otherwise provided in subsection 3, a".
Amend sec. 53, page 20, between lines 36 and 37, by inserting:
"3. A hearing officer appointed pursuant to section 51 of this act may not modify or adjust a judicial order.".
Amend sec. 55, page 21, line 11, by deleting "an application" and inserting "a request ".
Amend sec. 58, page 22, by deleting line 44.
Amend sec. 58, page 23, line 1, by deleting "(d)" and inserting "(c)".
Amend sec. 58, page 23, line 2, by deleting "(e)" and inserting "(d)".
Amend sec. 58, page 23, line 4, by deleting "(f)" and inserting "(e)".
Amend sec. 58, page 23, line 8, by deleting "(g)" and inserting "(f)".
Amend sec. 58, page 23, line 10, by deleting "(h)" and inserting "(g)".
Amend sec. 58, page 23, line 13, by deleting "(i)" and inserting "(h)".
Amend sec. 58, page 23, by deleting line 16 and inserting:
"(i) A statement that a petition for review of the order may be filed with the district ".
Amend sec. 61, page 25, line 29, by deleting "appeal " and inserting:
"petition for review".
Amend sec. 62, page 26, by deleting line 18 and inserting:
"(i) A reference to NRS 425.381 to 425.3852, inclusive, and sections 50 to 68, inclusive, of this act.".
Amend sec. 62, page 26, by deleting line 34.
Amend sec. 62, page 26, line 35, by deleting "(c)" and inserting "(b)".
Amend sec. 62, page 26, line 36, by deleting "(d)" and inserting "(c)".
Amend sec. 62, page 26, line 38, by deleting "(e)" and inserting "(d)".
Amend sec. 62, page 26, line 42, by deleting "(f)" and inserting "(e)".
Amend sec. 64, page 27, between lines 31 and 32, by inserting:
"The division shall pay the costs of any tests conducted pursuant to this section. If the hearing officer issues an order establishing the paternity of a child pursuant to sections 53 to 68, inclusive, of this act, the father shall reimburse the division for the costs of those tests.".
Amend sec. 64, page 28, line 10, by deleting "tests the" and inserting:
"tests or tests for genetic identification, the".
Amend sec. 65, page 28, line 19, by deleting "90" and inserting "20".
Amend sec. 65, page 28, line 20, by deleting "on" and inserting:
"in accordance with the provisions of section 65.5 of this act.".
Amend sec. 65, page 28, by deleting line 21.
Amend sec. 65, page 28, line 22, by deleting:
"notice of appeal " and inserting:
"petition for review".
Amend sec. 65, page 28, line 24, by deleting "notice," and inserting "petition,".
Amend sec. 65, page 28, line 28, by deleting "appeal " and inserting "review".
Amend the bill as a whole by adding a new section designated sec. 65.5, following sec. 65, to read as follows:
"Sec. 65.5. 1. Before the date set by the district court for a hearing to review the final decision of a hearing officer, an application may be made to the district court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the hearing officer, the court may order that the additional evidence be taken before the hearing officer upon conditions determined by the court. The hearing officer may modify his findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
2. The review must be conducted by the district court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the hearing officer, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.
3. The district court shall not substitute its judgment for that of the hearing officer as to the weight of the evidence on questions of fact. The court may affirm the decision of the hearing officer or remand the case for further proceedings. The court may reverse the decision and remand the case to the hearing officer for further proceedings if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions or decisions of the hearing officer:
(a) Violate constitutional, regulatory or statutory provisions;
(b) Exceed the statutory authority of the hearing officer;
(c) Are made upon unlawful procedure;
(d) Are affected by other error of law;
(e) Are clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Are arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
4. An aggrieved party may obtain review of any final judgment of the district court by appeal to the supreme court. The appeal must be taken in the manner provided for civil cases.".
Amend sec. 68, page 28, line 39, by deleting "The" and inserting:
"1. Except as otherwise provided in subsection 2, the".
Amend sec. 68, page 28, between lines 41 and 42, by inserting:
"2. To the extent they are not inconsistent with the provisions of this chapter, the provisions of NRS 126.051, 126.081, 126.121, 126.131 and 126.171 apply to a proceeding to determine paternity conducted by a hearing officer pursuant to sections 53 to 68, inclusive, of this act.".
Amend sec. 72, page 32, line 22, by deleting:
"or section 60 of this act ".
Amend sec. 72, page 32, lines 23 and 24, by deleting:
"or hearing officer".
Amend sec. 74, page 33, by deleting lines 14 and 15 and inserting "companies; and ".
Amend sec. 74, page 33, by deleting lines 18 through 20 and inserting:
"assets, liabilities and any other details of the finances of a person.".
Amend sec. 75, page 33, by deleting lines 31 through 35 and inserting:
"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".
Amend sec. 75, page 34, by deleting lines 1 through 7 and inserting:
"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.".
Amend sec. 76, page 34, line 13, by deleting "master," and inserting "master or".
Amend sec. 76, page 34, by deleting lines 15 through 17 and inserting:
"inclusive, and section 52 of this act must contain the social security numbers of the parents".
Amend sec. 82, page 35, by deleting line 9 and inserting:
"this chapter, the provisions of chapter 31A, 125B and [130] 126 of ".
Amend sec. 85, page 36, by deleting line 16 and inserting:
"NRS 425.3822 within 90 days after".
Amend sec. 85, page 36, by deleting line 27 and inserting:
"prosecuting attorney, may also [represent the recipient] collect payments of support when the amount of ".
Amend the bill as a whole by adding a new section designated sec. 85.5, following sec. 85, to read as follows:
"Sec. 85.5. 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 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 or subsection 2 of section 55 of this act 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 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.".
Amend sec. 86, page 37, line 2, by deleting:
"upon application and ".
Amend sec. 88, pages 37 and 38, by deleting lines 17 through 44 on page 37 and lines 1 through 22 on page 38, and inserting:
"425.3821. [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] a master may:
(a) [Establish, modify and terminate an amount of support for a dependent child;
(b)] 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;
(2) Require coverage for health care of a dependent child;
[(c)] (3) 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.]
(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;
(5) Order the withholding of income;
(6) Determine the amount of any arrearages and specify a method of payment;
(7) Enforce orders by civil or criminal contempt, or both;
(8) Set aside property for satisfaction of an order for the support of a dependent child;
(9) Place liens and order execution on the property of the responsible parent;
(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;
(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;
(12) Order the responsible parent to seek appropriate employment by specified methods;
(13) Upon the request of the division, require a responsible parent to:
(I) Pay any support owed in accordance with a plan approved by the division; or
(II) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the division deems appropriate;
(14) Award reasonable attorney's fees and other fees and costs; and
(15) Grant any other available remedy.".
Amend the bill as a whole by adding a new section designated sec. 88.5, following sec. 88, to read as follows:
"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, a master may:
[(a)] 1. 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)] 2. Except as otherwise provided in chapter 130 of NRS and section 47 of this act:
[(1)] (a) 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;
[(2)] (b) Require coverage for health care of a dependent child;
[(3)] (c) Establish paternity;
[(4)] (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;
[(5)] (e) Order the withholding of income;
[(6)] (f) Determine the amount of any arrearages and specify a method of payment;
[(7)] (g) Enforce orders by civil or criminal contempt, or both;
[(8)] (h) Set aside property for satisfaction of an order for the support of a dependent child;
[(9)] (i) Place liens and order execution on the property of the responsible parent;
[(10)] (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;
[(11)] (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;
[(12)] (l) Order the responsible parent to seek appropriate employment by specified methods;
[(13)] (m) Upon the request of the division, require a responsible parent to:
[(I)] (1) Pay any support owed in accordance with a plan approved by the division; or
[(II)] (2) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the division deems appropriate;
[(14)] (n) Award reasonable attorney's fees and other fees and costs; and
[(15)] (o) Grant any other available remedy.".
Amend sec. 89, page 38, by deleting lines 30 and 31 and inserting:
"[(c) The program receives an application] or
(b) Receives a request for services [for enforcement pursuant to NRS".
Amend sec. 90, page 39, line 12, by deleting "paragraph (m)" and inserting:
"subparagraph (13) of paragraph (b)".
Amend sec. 90, page 39, by deleting lines 32 and 33 and inserting:
"(j) A reference to NRS 425.382 to 425.3852, inclusive [.] , and section 52 of this act.".
Amend the bill as a whole by adding a new section designated sec. 90.5, following sec. 90, to read as follows:
"Sec. 90.5. NRS 425.3824 is hereby amended to read as follows:
425.38241. 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 [subparagraph (13) of paragraph (b)] 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.
(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] 425.381 to 425.3852, inclusive, and [section 52] sections 50 to 68, inclusive, 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.".
Amend sec. 91, page 40, line 18, by inserting an open bracket before "The".
Amend sec. 91, page 40, line 19, by inserting a closed bracket after "(d)".
Amend sec. 91, page 40, line 20, by deleting "(e)" and inserting "[(e)] (d)".
Amend sec. 91, page 40, by deleting line 22 and inserting:
"[(f)] (e) Any requirements to be imposed pursuant to subparagraph (13) of paragraph (b) of ".
Amend sec. 91, page 40, line 25, by deleting "(g)" and inserting "(f)".
Amend sec. 91, page 40, line 27, by deleting "(h)" and inserting "(g)".
Amend sec. 91, page 40, line 30, by deleting "(i)" and inserting "(h)".
Amend sec. 91, page 40, line 33, by deleting "(j)" and inserting "(i)".
Amend the bill as a whole by adding a new section designated sec. 91.5, following sec. 91, to read as follows:
"Sec. 91.5. NRS 425.3828 is hereby amended to read as follows:
425.38281. 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 [subparagraph (13) of paragraph (b)] 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.
(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.".
Amend sec. 95, page 44, line 15, by deleting "paragraph (m)" and inserting: "subparagraph (13) of paragraph (b)".
Amend sec. 95, page 45, line 3, by inserting an open bracket before "The".
Amend sec. 95, page 45, line 4, by inserting a closed bracket after "(c)".
Amend sec. 95, page 45, line 5, by deleting "(d)" and inserting "[(d)] (c)".
Amend sec. 95, page 45, by deleting line 7 and inserting:
"[(e)] (d) Any requirements to be imposed pursuant to subparagraph (13) of paragraph (b) of ".
Amend sec. 95, page 45, line 10, by deleting "(f)" and inserting "(e)".
Amend the bill as a whole by adding a new section designated sec. 95.5, following sec. 95, to read as follows:
"Sec. 95.5. NRS 425.3836 is hereby amended to read as follows:
425.38361. 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 [subparagraph (13) of paragraph (b)] 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), 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] 425.381 to 425.3852, inclusive, and [section 52] sections 50 to 58, inclusive, 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 [subparagraph (13) of paragraph (b)] 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 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.".
Amend sec. 97, page 46, between lines 13 and 14, by inserting:
"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.".
Amend sec. 100, page 48, line 15, by deleting:
"plaintiff or petitioner" and inserting:
"[plaintiff or petitioner] interests of the public".
Amend sec. 105, page 51, line 25, after "seq.)." by inserting:
"Except as otherwise required by federal law or as a condition to the receipt of federal money, any money recovered by the enforcing authority for the payment of arrearages in the support of a child must be distributed to the custodial parent to satisfy any right to those arrearages retained by the custodial parent before any of that money may be distributed in satisfaction of any right to those arrearages assigned to the division.".
Amend the bill as a whole by adding a new section designated sec. 105.5, following sec. 105, to read as follows:
"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.".
Amend sec. 151, page 69, line 3, after "license." by inserting:
"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.".
Amend sec. 163, page 73, by deleting lines 20 through 25 and inserting:
"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.".
Amend sec. 173, page 79, line 2, after "adjusted." by inserting:
"Each review conducted pursuant to this section must be in response to a separate request.".
Amend the bill as a whole by deleting sec. 174 and inserting:
"Sec. 174. (Deleted by amendment.)".
Amend sec. 183, page 83, by deleting lines 24 and 25 and inserting:
"[130.245] 425.382 to 425.3852, inclusive, and section 52 of this act, section 274 of this act or NRS 201.025.".
Amend the bill as a whole by adding a new section designated sec. 183.5, following sec. 183, to read as follows:
"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.
2. The natural father may be established under this chapter, NRS [425.382] 425.381 to 425.3852, inclusive, and [section 52] sections 50 to 68, inclusive, of this act, section 274 of this act or NRS 201.025.
3. An adoptive parent may be established by proof of adoption.".
Amend the bill as a whole by adding a new section designated sec. 188.5, following sec. 188, to read as follows:
"Sec. 188.5. NRS 126.141 is hereby amended to read as follows:
126.1411. 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. 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.".
Amend sec. 189, page 86, line 29, by deleting "tests the" and inserting:
"tests or tests for genetic identification, the".
Amend the bill as a whole by adding a new section designated sec. 190.5, following sec. 190, to read as follows:
"Sec. 190.5. NRS 126.171 is hereby amended to read as follows:
126.171The 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.".
Amend sec. 213, page 90, by deleting lines 16 and 17 and inserting:
"determining parentage with the clerk of a district court of this state.".
Amend sec. 222, page 91, by deleting lines 16 and 17 and inserting:
"a master or referee appointed pursuant to any of those sections, are the tribunals of this".
Amend sec. 245, page 98, line 41, after "change." by inserting:
"This presumption is subject to rebuttal.".
Amend sec. 280, page 110, by deleting lines 42 and 43 and inserting:
"(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".
Amend sec. 291, page 117, by deleting lines 18 through 20 and inserting:
"(b) Order of a district court, the state registrar, upon the receipt of the affidavit or court order, shall".
Amend the bill as a whole by adding a new section designated sec. 291.5, following sec. 291, to read as follows:
"Sec. 291.5. NRS 440.325 is hereby amended to read as follows:
440.3251. 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 [,] or a hearing officer appointed pursuant to section 51 of this act,
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. 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.".
Amend sec. 307, page 123, by deleting lines 32 and 33 and inserting:
"Sec. 307. 1. Each employer shall, within the time prescribed in 42 U.S.C. § 653a,".
Amend sec. 309, page 124, by deleting lines 30 through 32 and inserting:
"department of human resources [pursuant to subsection 3 of NRS 422.375] shall be deemed for the purposes of chapters 616A to 616D,".
Amend the bill as a whole by renumbering sections 310 through 314 as sections 316 through 320 and adding new sections designated sections 310 through 315, following sec. 309, to read as follows:
"Sec. 310. Section 72 of this act is hereby amended to read as follows:
- 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.
- 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 or section 60 of this act within 20 days after the chief receives the request. The master or hearing officer 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. 311. Section 75 of this act is hereby amended to read as follows:
- Sec. 75. 1. After paternity is alleged pursuant to NRS 425.3826 [,] or section 57 of this act, 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 [,] or paragraph (g) of subsection 1 of section 56 of this act, 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 and notarized 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] :
- (a) The district court approves a recommendation establishing the paternity of a child pursuant to NRS 425.3844 [,] ; or
- (b) A hearing officer issues an order establishing the paternity of a child pursuant to sections 53 to 68, inclusive, of this act,
- 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. 312. Section 76 of this act is hereby amended to read as follows:
- 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 or an order for the support of a dependent child issued by a hearing officer pursuant to sections 53 to 68, inclusive, of this act must contain the social security numbers of the parents or legal guardians of the child.
Sec. 313. Section 213 of this act is hereby amended to read as follows:
- Sec. 213. "Register" means to file a support order or judgment determining parentage with the clerk of a district court of this state [.] or a hearing officer appointed pursuant to section 51 of this act.
Sec. 314. Section 222 of this act is hereby amended to read as follows:
- 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, and sections 50 to 68, inclusive, of this act, a master , [or] referee or hearing officer appointed pursuant to any of those sections, are the tribunals of this state.
Sec. 315. 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
- 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.".
Amend sec. 310, page 125, line 1, by deleting "425.3837,".
Amend sec. 310, page 125, between lines 2 and 3, by inserting:
"3. NRS 425.3837 is hereby repealed.".
Amend the bill as a whole by renumbering sec. 315 as sec. 322 and adding a new section designated sec. 321, following sec. 314, to read as follows:
"Sec. 321. The director of the department of human resources shall notify the legislative counsel immediately upon receiving notice from the Secretary of Health and Human Services or his designated representative that the provisions of chapter 425 of NRS, as amended by sections 45 to 49, inclusive, 52, 69, 70, 72 to 85, inclusive, 86, 87, 88, 89, 90, 91, 92 to 95, inclusive, 96 to 100, inclusive, and 103 of this act do not comply with the requirements set forth in 42 U.S.C. § 666(a)(2), and that the provisions of sections 50, 51, 53 to 68, inclusive, 71, 85.5, 88.5, 90.5, 91.5, 95.5, 183.5, 291.5 and 310 to 314, inclusive, of this act are necessary to comply with those requirements.".
Amend sec. 315, page 125, by deleting line 24 and inserting:
"Sec. 322. 1. This section and sections 112 and 315 of this act become effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
2. Sections 1 to 6, inclusive, 10 to 15, inclusive, 26 to 43, inclusive, 102, 105.5, 106, 107, 113, 114, 283, 284, 308, 309, 317, 320 and 321 of this act, and subsection 1 of section 316 of this act, become effective upon passage and".
Amend sec. 315, page 125, line 26, by deleting "2." and inserting "3.".
Amend sec. 315, page 125, line 28, by deleting:
"sections 1 to 314, inclusive," and inserting:
"the remaining provisions".
Amend sec. 315, pages 125 and 126, by deleting lines 31 through 43 on page 125 and lines 1 through 7 on page 126, and inserting:
"(a) Sections 44 to 49, inclusive, 52, 69, 70, 72 to 85, inclusive, 86, 87, 88, 89, 90, 91, 92 to 95, inclusive, 96 to 100, inclusive, 104, 105, 108 to 111, inclusive, 115 to 183, inclusive, 184 to 282, inclusive, 285 to 291, inclusive, 292 to 296, inclusive, 318 and 319 of this act, and subsection 2 of section 316 of this act, become effective:
(1) On July 1, 1997, if the 69th session of the legislature adjourns sine die before that date; or
(2) On October 1, 1997, if the 69th session of the legislature adjourns sine die on or after July 1, 1997.
(b) Section 103 of this act becomes effective:
(1) At 12:01 a.m. on July 1, 1997, if the 69th session of the legislature adjourns sine die before that date; or
(2) On October 1, 1997, if the 69th session of the legislature adjourns sine die on or after July 1, 1997.
(c) Sections 298 to 307, inclusive, of this act become effective on October 1, 1997.
(d) Sections 50, 51, 53 to 68, inclusive, 71, 85.5, 88.5, 90.5, 91.5, 95.5, 101, 183.5, 291.5, 297 and 310 to 314, inclusive, of this act, and subsection 3 of section 316 of this act, become effective:
(1) At 12:01 a.m. on October 1, 1997; or
(2) On the date the director of the department of human resources is notified by the Secretary of Health and Human Services or his designated representative that the provisions of chapter 425 of NRS, as amended by sections 45 to 49, inclusive, 52, 69, 70, 72 to 85, inclusive, 86, 87, 88, 89, 90, 91, 92 to 95, inclusive, 96 to 100, inclusive, and 103 of this act do not comply with the requirements set forth in 42 U.S.C. § 666(a)(2), and that the provisions of sections 50, 51, 53 to 68, inclusive, 71, 85.5, 88.5, 90.5, 91.5, 95.5, 183.5, 291.5 and 310 to 314, inclusive, of this act are necessary to comply with those requirements,
whichever occurs later.
(e) Sections 7, 8, 9 and 16 to 25, inclusive, of this act become effective on January 1, 1998.".
Amend the title of the bill, twelfth line, after "Act;" by inserting:
"providing procedures for the protection of confidential information relating to persons who apply for or receive medical or financial assistance from counties;".
Assemblyman Anderson moved that Assembly Bill No. 401 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.
Assembly Bill No. 439.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 425.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An agency which provides protective services and the division of child and family services may request the division of parole and probation of the department of motor vehicles and public safety for information concerning a probationer or parolee that may assist the agency or the division of child and family services in carrying out the provisions of this chapter. The division of parole and probation shall provide such information upon request.
2. The agency which provides protective services or the division of child and family services may use the information obtained pursuant to subsection 1 only for the limited purpose of carrying out the provisions of this chapter.".
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding a new section designated sec. 4, following sec. 2, to read as follows:
"Sec. 4. NRS 213.1075 is hereby amended to read as follows:
213.1075Except as otherwise provided [in NRS 213.1085,] by specific statute, all information obtained in the discharge of official duty by a parole and probation officer or employee of the board is privileged and may not be disclosed directly or indirectly to anyone other than the board, the judge, district attorney or others entitled to receive such information, unless otherwise ordered by the board or judge or necessary to perform the duties of the division.".
Amend the title of the bill, first line, after "children;" by inserting:
"authorizing certain entities that protect children to obtain information concerning a person on parole or probation for certain purposes;".
Amend the summary of the bill to read as follows:
- "SUMMARY--Authorizes release of confidential data or information concerning protection of child. (BDR 38-1279)".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 471.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 454.
Amend section 1, page 1, by deleting lines 7 through 11 and inserting:
"(b) Has received a degree from an accredited dental school or college; and ".
Amend section 1, page 2, line 1, after "contract " by inserting:
"with a facility".
Amend section 1, page 2, by deleting lines 8 and 9 and inserting:
"3. A person to whom a restricted license is issued pursuant to subsection 1:
(a) May perform dental services only:
(1) Under the general supervision of a dentist licensed in this state; and
(2) In accordance with the contract required pursuant to paragraph (c) of that subsection.
(b) Shall not, for the duration of the restricted license, engage in the private practice of dentistry.".
Assemblywoman Krenzer moved the adoption of the amendment.
Remarks by Assemblywoman Krenzer.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 91.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 428.
Amend section 1, page 1, line 12, after "than a" by inserting "simple".
Assemblywoman Braunlin moved the adoption of the amendment.
Remarks by Assemblywoman Braunlin.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 227.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 11.
Resolution read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 401 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 401.
Bill read second time.
The following amendment was proposed by the Committees on Health and Human Services and Judiciary:
Amendment No. 353.
Amend sec. 9, page 4, by deleting lines 2 through 10 and inserting:
"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:
(a) 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
(b) Does not comply with the provisions of NRS 392.040 with respect to that child,
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.".
Amend sec. 16, page 4, line 38, by deleting "care" and inserting:
"care, treatment for the abuse of alcohol or drugs".
Amend sec. 17, page 5, line 13, by deleting "may" and inserting:
"may, with the participation of the head of the household,".
Amend the bill as a whole by adding a new section designated sec. 18.5, following sec. 18, to read as follows:
"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.".
Amend sec. 19, page 5, line 44, by deleting "or".
Amend sec. 19, page 5, after line 44, by inserting:
"(6) Is a person who is 60 years of age or older and is the caretaker of a child who is not a relative of that person; or".
Amend sec. 19, page 6, line 1, by deleting "(6)" and inserting "(7)".
Amend sec. 20, page 6, line 10, after "household " by inserting:
"who is not suffering from a hardship described in subsection 7 of section 23 of this act ".
Amend sec. 21, page 6, line 31, by deleting:
"is not ineligible" and inserting:
"may be determined to be eligible".
Amend sec. 22, page 7, by deleting lines 14 and 15 and inserting:
"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 ".
Amend sec. 22, page 7, by deleting lines 30 and 31 and inserting:
"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 ".
Amend sec. 22, page 8, by deleting lines 2 and 3 and inserting:
"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 ".
Amend sec. 23, page 9, line 20, by deleting "or".
Amend sec. 23, page 9, line 21, after "(f)" by inserting:
"Is a person who is 60 years of age or older and is the caretaker of a child who is not a relative of that person; or
(g)".
Amend sec. 24, page 9, by deleting line 30 and inserting "consecutive months.".
Amend sec. 26, page 10, line 4, by deleting "section 3" and inserting:
"sections 3 and 4".
Amend the bill as a whole by deleting sec. 27 and inserting:
"Sec. 27. (Deleted by amendment.)".
Amend sec. 28, page 10, by deleting line 13 and inserting:
"2. [Aid to families with dependent children;] Temporary assistance for needy families;".
Amend the bill as a whole by deleting sec. 29 and inserting:
"Sec. 29. (Deleted by amendment.)".
Amend sec. 36, page 13, line 35, by deleting ", and " and inserting:
", sections 6 to 25, inclusive, of this act and ".
Amend sec. 37, page 14, by deleting line 10 and inserting:
"(b) [Aid to families with dependent children;] Temporary assistance for needy families;".
Amend sec. 37, page 14, by deleting line 29 and inserting:
"inclusive [.] , and sections 6 to 25, inclusive, of this act.".
Amend the bill as a whole by deleting sec. 38 and inserting:
"Sec. 38. (Deleted by amendment.)".
Amend sec. 40, page 17, by deleting lines 20 through 23 and inserting:
"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.".
Amend sec. 50, page 19, line 30, by deleting "an application" and inserting "a request ".
Amend sec. 53, page 20, line 6, by deleting "A" and inserting:
"Except as otherwise provided in subsection 3, a".
Amend sec. 53, page 20, between lines 36 and 37, by inserting:
"3. A hearing officer appointed pursuant to section 51 of this act may not modify or adjust a judicial order.".
Amend sec. 55, page 21, line 11, by deleting "an application" and inserting "a request ".
Amend sec. 58, page 22, by deleting line 44.
Amend sec. 58, page 23, line 1, by deleting "(d)" and inserting "(c)".
Amend sec. 58, page 23, line 2, by deleting "(e)" and inserting "(d)".
Amend sec. 58, page 23, line 4, by deleting "(f)" and inserting "(e)".
Amend sec. 58, page 23, line 8, by deleting "(g)" and inserting "(f)".
Amend sec. 58, page 23, line 10, by deleting "(h)" and inserting "(g)".
Amend sec. 58, page 23, line 13, by deleting "(i)" and inserting "(h)".
Amend sec. 58, page 23, by deleting line 16 and inserting:
"(i) A statement that a petition for review of the order may be filed with the district ".
Amend sec. 61, page 25, line 29, by deleting "appeal " and inserting:
"petition for review".
Amend sec. 62, page 26, by deleting line 18 and inserting:
"(i) A reference to NRS 425.381 to 425.3852, inclusive, and sections 50 to 68, inclusive, of this act.".
Amend sec. 62, page 26, by deleting line 34.
Amend sec. 62, page 26, line 35, by deleting "(c)" and inserting "(b)".
Amend sec. 62, page 26, line 36, by deleting "(d)" and inserting "(c)".
Amend sec. 62, page 26, line 38, by deleting "(e)" and inserting "(d)".
Amend sec. 62, page 26, line 42, by deleting "(f)" and inserting "(e)".
Amend sec. 64, page 27, between lines 31 and 32, by inserting:
"The division shall pay the costs of any tests conducted pursuant to this section. If the hearing officer issues an order establishing the paternity of a child pursuant to sections 53 to 68, inclusive, of this act, the father shall reimburse the division for the costs of those tests.".
Amend sec. 64, page 28, line 10, by deleting "tests the" and inserting:
"tests or tests for genetic identification, the".
Amend sec. 65, page 28, line 19, by deleting "90" and inserting "20".
Amend sec. 65, page 28, line 20, by deleting "on" and inserting:
"in accordance with the provisions of section 65.5 of this act.".
Amend sec. 65, page 28, by deleting line 21.
Amend sec. 65, page 28, line 22, by deleting:
"notice of appeal " and inserting:
"petition for review".
Amend sec. 65, page 28, line 24, by deleting "notice," and inserting "petition,".
Amend sec. 65, page 28, line 28, by deleting "appeal " and inserting "review".
Amend the bill as a whole by adding a new section designated sec. 65.5, following sec. 65, to read as follows:
"Sec. 65.5. 1. Before the date set by the district court for a hearing to review the final decision of a hearing officer, an application may be made to the district court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the hearing officer, the court may order that the additional evidence be taken before the hearing officer upon conditions determined by the court. The hearing officer may modify his findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
2. The review must be conducted by the district court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the hearing officer, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.
3. The district court shall not substitute its judgment for that of the hearing officer as to the weight of the evidence on questions of fact. The court may affirm the decision of the hearing officer or remand the case for further proceedings. The court may reverse the decision and remand the case to the hearing officer for further proceedings if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions or decisions of the hearing officer:
(a) Violate constitutional, regulatory or statutory provisions;
(b) Exceed the statutory authority of the hearing officer;
(c) Are made upon unlawful procedure;
(d) Are affected by other error of law;
(e) Are clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Are arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
4. An aggrieved party may obtain review of any final judgment of the district court by appeal to the supreme court. The appeal must be taken in the manner provided for civil cases.".
Amend sec. 68, page 28, line 39, by deleting "The" and inserting:
"1. Except as otherwise provided in subsection 2, the".
Amend sec. 68, page 28, between lines 41 and 42, by inserting:
"2. To the extent they are not inconsistent with the provisions of this chapter, the provisions of NRS 126.051, 126.081, 126.121, 126.131 and 126.171 apply to a proceeding to determine paternity conducted by a hearing officer pursuant to sections 53 to 68, inclusive, of this act.".
Amend sec. 72, page 32, line 22, by deleting:
"or section 60 of this act ".
Amend sec. 72, page 32, lines 23 and 24, by deleting:
"or hearing officer".
Amend sec. 74, page 33, by deleting lines 14 and 15 and inserting "companies; and ".
Amend sec. 74, page 33, by deleting lines 18 through 20 and inserting:
"assets, liabilities and any other details of the finances of a person.".
Amend sec. 75, page 33, by deleting lines 31 through 35 and inserting:
"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".
Amend sec. 75, page 34, by deleting lines 1 through 7 and inserting:
"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.".
Amend sec. 76, page 34, line 13, by deleting "master," and inserting "master or".
Amend sec. 76, page 34, by deleting lines 15 through 17 and inserting:
"inclusive, and section 52 of this act must contain the social security numbers of the parents".
Amend sec. 82, page 35, by deleting line 9 and inserting:
"this chapter, the provisions of chapter 31A, 125B and [130] 126 of ".
Amend sec. 85, page 36, by deleting line 16 and inserting:
"NRS 425.3822 within 90 days after".
Amend sec. 85, page 36, by deleting line 27 and inserting:
"prosecuting attorney, may also [represent the recipient] collect payments of support when the amount of ".
Amend the bill as a whole by adding a new section designated sec. 85.5, following sec. 85, to read as follows:
"Sec. 85.5. 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 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 or subsection 2 of section 55 of this act 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 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.".
Amend sec. 86, page 37, line 2, by deleting:
"upon application and ".
Amend sec. 88, pages 37 and 38, by deleting lines 17 through 44 on page 37 and lines 1 through 22 on page 38, and inserting:
"425.3821. [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] a master may:
(a) [Establish, modify and terminate an amount of support for a dependent child;
(b)] 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;
(2) Require coverage for health care of a dependent child;
[(c)] (3) 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.]
(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;
(5) Order the withholding of income;
(6) Determine the amount of any arrearages and specify a method of payment;
(7) Enforce orders by civil or criminal contempt, or both;
(8) Set aside property for satisfaction of an order for the support of a dependent child;
(9) Place liens and order execution on the property of the responsible parent;
(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;
(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;
(12) Order the responsible parent to seek appropriate employment by specified methods;
(13) Upon the request of the division, require a responsible parent to:
(I) Pay any support owed in accordance with a plan approved by the division; or
(II) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the division deems appropriate;
(14) Award reasonable attorney's fees and other fees and costs; and
(15) Grant any other available remedy.".
Amend the bill as a whole by adding a new section designated sec. 88.5, following sec. 88, to read as follows:
"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, a master may:
[(a)] 1. 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)] 2. Except as otherwise provided in chapter 130 of NRS and section 47 of this act:
[(1)] (a) 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;
[(2)] (b) Require coverage for health care of a dependent child;
[(3)] (c) Establish paternity;
[(4)] (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;
[(5)] (e) Order the withholding of income;
[(6)] (f) Determine the amount of any arrearages and specify a method of payment;
[(7)] (g) Enforce orders by civil or criminal contempt, or both;
[(8)] (h) Set aside property for satisfaction of an order for the support of a dependent child;
[(9)] (i) Place liens and order execution on the property of the responsible parent;
[(10)] (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;
[(11)] (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;
[(12)] (l) Order the responsible parent to seek appropriate employment by specified methods;
[(13)] (m) Upon the request of the division, require a responsible parent to:
[(I)] (1) Pay any support owed in accordance with a plan approved by the division; or
[(II)] (2) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the division deems appropriate;
[(14)] (n) Award reasonable attorney's fees and other fees and costs; and
[(15)] (o) Grant any other available remedy.".
Amend sec. 89, page 38, by deleting lines 30 and 31 and inserting:
"[(c) The program receives an application] or
(b) Receives a request for services [for enforcement pursuant to NRS".
Amend sec. 90, page 39, line 12, by deleting "paragraph (m)" and inserting:
"subparagraph (13) of paragraph (b)".
Amend sec. 90, page 39, by deleting lines 32 and 33 and inserting:
"(j) A reference to NRS 425.382 to 425.3852, inclusive [.] , and section 52 of this act.".
Amend the bill as a whole by adding a new section designated sec. 90.5, following sec. 90, to read as follows:
"Sec. 90.5. NRS 425.3824 is hereby amended to read as follows:
425.38241. 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 [subparagraph (13) of paragraph (b)] 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.
(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] 425.381 to 425.3852, inclusive, and [section 52] sections 50 to 68, inclusive, 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.".
Amend sec. 91, page 40, line 18, by inserting an open bracket before "The".
Amend sec. 91, page 40, line 19, by inserting a closed bracket after "(d)".
Amend sec. 91, page 40, line 20, by deleting "(e)" and inserting "[(e)] (d)".
Amend sec. 91, page 40, by deleting line 22 and inserting:
"[(f)] (e) Any requirements to be imposed pursuant to subparagraph (13) of paragraph (b) of ".
Amend sec. 91, page 40, line 25, by deleting "(g)" and inserting "(f)".
Amend sec. 91, page 40, line 27, by deleting "(h)" and inserting "(g)".
Amend sec. 91, page 40, line 30, by deleting "(i)" and inserting "(h)".
Amend sec. 91, page 40, line 33, by deleting "(j)" and inserting "(i)".
Amend the bill as a whole by adding a new section designated sec. 91.5, following sec. 91, to read as follows:
"Sec. 91.5. NRS 425.3828 is hereby amended to read as follows:
425.38281. 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 [subparagraph (13) of paragraph (b)] 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.
(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.".
Amend sec. 95, page 44, line 15, by deleting "paragraph (m)" and inserting: "subparagraph (13) of paragraph (b)".
Amend sec. 95, page 45, line 3, by inserting an open bracket before "The".
Amend sec. 95, page 45, line 4, by inserting a closed bracket after "(c)".
Amend sec. 95, page 45, line 5, by deleting "(d)" and inserting "[(d)] (c)".
Amend sec. 95, page 45, by deleting line 7 and inserting:
"[(e)] (d) Any requirements to be imposed pursuant to subparagraph (13) of paragraph (b) of ".
Amend sec. 95, page 45, line 10, by deleting "(f)" and inserting "(e)".
Amend the bill as a whole by adding a new section designated sec. 95.5, following sec. 95, to read as follows:
"Sec. 95.5. NRS 425.3836 is hereby amended to read as follows:
425.38361. 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 [subparagraph (13) of paragraph (b)] 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), 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] 425.381 to 425.3852, inclusive, and [section 52] sections 50 to 58, inclusive, 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 [subparagraph (13) of paragraph (b)] 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 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.".
Amend sec. 97, page 46, between lines 13 and 14, by inserting:
"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.".
Amend sec. 100, page 48, line 15, by deleting:
"plaintiff or petitioner" and inserting:
"[plaintiff or petitioner] interests of the public".
Amend sec. 105, page 51, line 25, after "seq.)." by inserting:
"Except as otherwise required by federal law or as a condition to the receipt of federal money, any money recovered by the enforcing authority for the payment of arrearages in the support of a child must be distributed to the custodial parent to satisfy any right to those arrearages retained by the custodial parent before any of that money may be distributed in satisfaction of any right to those arrearages assigned to the division.".
Amend the bill as a whole by adding a new section designated sec. 105.5, following sec. 105, to read as follows:
"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.".
Amend sec. 151, page 69, line 3, after "license." by inserting:
"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.".
Amend sec. 163, page 73, by deleting lines 20 through 25 and inserting:
"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.".
Amend sec. 173, page 79, line 2, after "adjusted." by inserting:
"Each review conducted pursuant to this section must be in response to a separate request.".
Amend the bill as a whole by deleting sec. 174 and inserting:
"Sec. 174. (Deleted by amendment.)".
Amend sec. 183, page 83, by deleting lines 24 and 25 and inserting:
"[130.245] 425.382 to 425.3852, inclusive, and section 52 of this act, section 274 of this act or NRS 201.025.".
Amend the bill as a whole by adding a new section designated sec. 183.5, following sec. 183, to read as follows:
"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.
2. The natural father may be established under this chapter, NRS [425.382] 425.381 to 425.3852, inclusive, and [section 52] sections 50 to 68, inclusive, of this act, section 274 of this act or NRS 201.025.
3. An adoptive parent may be established by proof of adoption.".
Amend the bill as a whole by adding a new section designated sec. 188.5, following sec. 188, to read as follows:
"Sec. 188.5. NRS 126.141 is hereby amended to read as follows:
126.1411. 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. 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.".
Amend sec. 189, page 86, line 29, by deleting "tests the" and inserting:
"tests or tests for genetic identification, the".
Amend the bill as a whole by adding a new section designated sec. 190.5, following sec. 190, to read as follows:
"Sec. 190.5. NRS 126.171 is hereby amended to read as follows:
126.171The 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.".
Amend sec. 213, page 90, by deleting lines 16 and 17 and inserting:
"determining parentage with the clerk of a district court of this state.".
Amend sec. 222, page 91, by deleting lines 16 and 17 and inserting:
"a master or referee appointed pursuant to any of those sections, are the tribunals of this".
Amend sec. 245, page 98, line 41, after "change." by inserting:
"This presumption is subject to rebuttal.".
Amend sec. 280, page 110, by deleting lines 42 and 43 and inserting:
"(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".
Amend sec. 291, page 117, by deleting lines 18 through 20 and inserting:
"(b) Order of a district court, the state registrar, upon the receipt of the affidavit or court order, shall".
Amend the bill as a whole by adding a new section designated sec. 291.5, following sec. 291, to read as follows:
"Sec. 291.5. NRS 440.325 is hereby amended to read as follows:
440.3251. 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 [,] or a hearing officer appointed pursuant to section 51 of this act,
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. 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.".
Amend sec. 307, page 123, by deleting lines 32 and 33 and inserting:
"Sec. 307. 1. Each employer shall, within the time prescribed in 42 U.S.C. § 653a,".
Amend sec. 309, page 124, by deleting lines 30 through 32 and inserting:
"department of human resources [pursuant to subsection 3 of NRS 422.375] shall be deemed for the purposes of chapters 616A to 616D,".
Amend the bill as a whole by renumbering sections 310 through 314 as sections 316 through 320 and adding new sections designated sections 310 through 315, following sec. 309, to read as follows:
"Sec. 310. Section 72 of this act is hereby amended to read as follows:
- 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.
- 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 or section 60 of this act within 20 days after the chief receives the request. The master or hearing officer 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. 311. Section 75 of this act is hereby amended to read as follows:
- Sec. 75. 1. After paternity is alleged pursuant to NRS 425.3826 [,] or section 57 of this act, 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 [,] or paragraph (g) of subsection 1 of section 56 of this act, 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 and notarized 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] :
- (a) The district court approves a recommendation establishing the paternity of a child pursuant to NRS 425.3844 [,] ; or
- (b) A hearing officer issues an order establishing the paternity of a child pursuant to sections 53 to 68, inclusive, of this act,
- 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. 312. Section 76 of this act is hereby amended to read as follows:
- 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 or an order for the support of a dependent child issued by a hearing officer pursuant to sections 53 to 68, inclusive, of this act must contain the social security numbers of the parents or legal guardians of the child.
Sec. 313. Section 213 of this act is hereby amended to read as follows:
- Sec. 213. "Register" means to file a support order or judgment determining parentage with the clerk of a district court of this state [.] or a hearing officer appointed pursuant to section 51 of this act.
Sec. 314. Section 222 of this act is hereby amended to read as follows:
- 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, and sections 50 to 68, inclusive, of this act, a master , [or] referee or hearing officer appointed pursuant to any of those sections, are the tribunals of this state.
Sec. 315. 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
- 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.".
Amend sec. 310, page 125, line 1, by deleting "425.3837,".
Amend sec. 310, page 125, between lines 2 and 3, by inserting:
"3. NRS 425.3837 is hereby repealed.".
Amend the bill as a whole by renumbering sec. 315 as sec. 322 and adding a new section designated sec. 321, following sec. 314, to read as follows:
"Sec. 321. The director of the department of human resources shall notify the legislative counsel immediately upon receiving notice from the Secretary of Health and Human Services or his designated representative that the provisions of chapter 425 of NRS, as amended by sections 45 to 49, inclusive, 52, 69, 70, 72 to 85, inclusive, 86, 87, 88, 89, 90, 91, 92 to 95, inclusive, 96 to 100, inclusive, and 103 of this act do not comply with the requirements set forth in 42 U.S.C. § 666(a)(2), and that the provisions of sections 50, 51, 53 to 68, inclusive, 71, 85.5, 88.5, 90.5, 91.5, 95.5, 183.5, 291.5 and 310 to 314, inclusive, of this act are necessary to comply with those requirements.".
Amend sec. 315, page 125, by deleting line 24 and inserting:
"Sec. 322. 1. This section and sections 112 and 315 of this act become effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
2. Sections 1 to 6, inclusive, 10 to 15, inclusive, 26 to 43, inclusive, 102, 105.5, 106, 107, 113, 114, 283, 284, 308, 309, 317, 320 and 321 of this act, and subsection 1 of section 316 of this act, become effective upon passage and".
Amend sec. 315, page 125, line 26, by deleting "2." and inserting "3.".
Amend sec. 315, page 125, line 28, by deleting:
"sections 1 to 314, inclusive," and inserting:
"the remaining provisions".
Amend sec. 315, pages 125 and 126, by deleting lines 31 through 43 on page 125 and lines 1 through 7 on page 126, and inserting:
"(a) Sections 44 to 49, inclusive, 52, 69, 70, 72 to 85, inclusive, 86, 87, 88, 89, 90, 91, 92 to 95, inclusive, 96 to 100, inclusive, 104, 105, 108 to 111, inclusive, 115 to 183, inclusive, 184 to 282, inclusive, 285 to 291, inclusive, 292 to 296, inclusive, 318 and 319 of this act, and subsection 2 of section 316 of this act, become effective:
(1) On July 1, 1997, if the 69th session of the legislature adjourns sine die before that date; or
(2) On October 1, 1997, if the 69th session of the legislature adjourns sine die on or after July 1, 1997.
(b) Section 103 of this act becomes effective:
(1) At 12:01 a.m. on July 1, 1997, if the 69th session of the legislature adjourns sine die before that date; or
(2) On October 1, 1997, if the 69th session of the legislature adjourns sine die on or after July 1, 1997.
(c) Sections 298 to 307, inclusive, of this act become effective on October 1, 1997.
(d) Sections 50, 51, 53 to 68, inclusive, 71, 85.5, 88.5, 90.5, 91.5, 95.5, 101, 183.5, 291.5, 297 and 310 to 314, inclusive, of this act, and subsection 3 of section 316 of this act, become effective:
(1) At 12:01 a.m. on October 1, 1997; or
(2) On the date the director of the department of human resources is notified by the Secretary of Health and Human Services or his designated representative that the provisions of chapter 425 of NRS, as amended by sections 45 to 49, inclusive, 52, 69, 70, 72 to 85, inclusive, 86, 87, 88, 89, 90, 91, 92 to 95, inclusive, 96 to 100, inclusive, and 103 of this act do not comply with the requirements set forth in 42 U.S.C. § 666(a)(2), and that the provisions of sections 50, 51, 53 to 68, inclusive, 71, 85.5, 88.5, 90.5, 91.5, 95.5, 183.5, 291.5 and 310 to 314, inclusive, of this act are necessary to comply with those requirements,
whichever occurs later.
(e) Sections 7, 8, 9 and 16 to 25, inclusive, of this act become effective on January 1, 1998.".
Amend the title of the bill, twelfth line, after "Act;" by inserting:
"providing procedures for the protection of confidential information relating to persons who apply for or receive medical or financial assistance from counties;".
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblymen Freeman and Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Becky Allen, Donald Allen, Jr., Bruce Arigoni, Danny Arrighi, Steven Banta, Heidi Breeding, Gary Brown, Jr., Matt Chism, Matt Christensen, Stephani Compston, Todd Compston, Joe Cutler, Sherrick Davis, Maria De La Torre, Shaun DeWitt, Josh Dini, Jessica Drake, Carrick Dunn, Trent Edmunds, Ryan Everard, Ty Frade, Cheryl Giomi, Jennelle Hanson, Scott Henderson, Shea Hurt, Ben Johnson, Willie Keady, Megan May, Jill McIntire, Robert Meacham, Jenny Mowrer, Christie Park, Heather Patterson, Randy Peacher, Aidee Peres, Amber Richardson, Albert Roberts, Jr., Vic Sam, Jr., Ivy Sanford, Sami Sceirine, Sherese Shaw, William Stanley, Mark Thompson, Becky Tibbals, William Tibbals, Nathan Toigo, Tawnya Varain, Wayne Walsh, Joe Webb, Alanna Williss, Christina Voorhees, Ron Ruetten, Frances De Giacomo, Virginia Warner and Tammy Owens.
On request of Assemblyman Ernaut, the privilege of the floor of the Assembly Chamber for this day was extended to Paul Mathews.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Bob Faiss and Kevin Doty.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Lisa Young.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Judy Jansen, Jamie Baughn, Stacy Belshaw, Meghan Burke, Amber Cornelius, Tyler Dahl, Seth Gardner, Jennifer Hedgecock, Brandon Huff, Jenny Haggard, Kendall Larkin, Nicholas Lonnegren, Nicole Mauzey, Kenneth McGriff, Justin Proffer, Jackie Starble, Staci Sullivan, Steven Vadenais, Chance MacDonald, Mrs. Jaggard, Mrs. McGriff, Mrs. Gardner and Mrs. Lonnegren.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Kenneth Champagne.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Ingrid Mortenson.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, May 29, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:19 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly