Carson City (Thursday), June 5, 1997

Assembly called to order at 11:59 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Amodei and Nolan, who were excused.
Prayer by the Chaplain, The Reverend Lisa Schilbe.
Gracious God, we thank You that You will never leave us nor forsake us. You have not only gone before us, but You walk along side of us. May we find comfort and courage in this knowledge as we face the struggles and joys of each new day. We thank You for the freedom of choice that You give us as we walk with You. May we govern diligently and choose wisely to follow Your will for the people of the State of Nevada. We pray this in Your comforting 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.

Wendell P. Williams,

Chairman

Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Joint Resolution No. 16, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 11, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vivian L. Freeman,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 484, 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 Concurrent Committee on Judiciary, to which was referred Senate Bill No. 155, 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 Taxation, to which was referred Assembly Bill No. 388, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Robert E. Price,

Chairman

Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 529, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Vonne Chowning,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 233, 235, 447, 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

Senate Chamber, Carson City, June 4, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 156.
Also, I have the honor to inform your honorable body that the Senate on this day amended and passed, as amended, Assembly Bills Nos. 100, 215, 243 and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 34, 35.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 72, 113, 168.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendment to Senate Bill No. 91.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly amendment to Senate Bill No. 38.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assembly Concurrent Resolution No. 23.
Resolution read.
Assemblywoman Ohrenschall moved the adoption of the resolution.
Remarks by Assemblywoman Ohrenschall.
Resolution adopted.

Assembly Concurrent Resolution No. 28.
Resolution read.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 527.
Amend the resolution, page 1, line 21, by deleting "nursing" and inserting "health".
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the Resolution File.

Assemblyman Williams moved that Assembly Bill No. 366 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Assemblywoman Buckley moved that Assembly Bill No. 322 be taken from the Chief Clerk's desk and re-referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.

Assemblywoman Giunchigliani moved that Standing Rule 92 be suspended for the purpose of committee consideration of Assembly Joint Resolution No. 16 by the Committee on Elections, Procedures, and Ethics.
Remarks by Assemblywoman Giunchigliani.
Motion carried.

Assemblyman Anderson moved that Assembly Bill No. 452 be taken from the Chief Clerk's desk and placed on the General File immediately following Assembly Bill No. 533.
Motion carried.

Assemblywoman Giunchigliani moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 12:24 p.m.

At 12:29 p.m.
Mr. Speaker presiding.
Quorum present.

By the Committee on Government Affairs:
Assembly Bill No. 563--An Act relating to the local government employee-management relations board; authorizing the board to issue subpoenas for purposes relating to discovery; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By Assemblymen Arberry, Chowning, Herrera, Giunchigliani, Williams, Perkins, Price, Berman, Evans, Anderson, de Braga, Bache and Freeman:
Assembly Bill No. 564--An Act relating to public highways; requiring the department of transportation to establish a system of emergency telephones along the most frequently traveled public highways; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Transportation.
Motion carried.

By Assemblymen Arberry, Williams, Herrera, Giunchigliani, Perkins, Price, Anderson, Berman, de Braga, Evans, Freeman and Chowning:
Assembly Bill No. 565--An Act relating to telephones; prohibiting a public utility that furnishes telephone service from terminating access to the 911 emergency telephone number or other emergency telephone service after the service is terminated for nonpayment; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Infrastructure:
Assembly Bill No. 566--An Act relating to local improvement districts; allowing a municipality to assess certain leasehold interests; expanding the purposes for which a municipality may assess property in connection with a transportation, underpass or overpass project; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Infrastructure.
Motion carried.

Senate Bill No. 72.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 113.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.

Senate Bill No. 168.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.

Assemblyman Bache moved that Assembly Bill No. 562 be referred to the Committee on Infrastructure.
Motion carried.

Assemblywoman Giunchigliani moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Joint Resolution No. 16 declared an emergency measure under the Constitution and placed at the top of General File.
Motion carried.

"AN ACT making appropriations to the Division of Child and Family Services of the Department of Human Resources; and providing other matters properly relating thereto.".

"SUMMARY--Makes appropriations to Division of Child and Family Services of Department of Human Resources. (BDR S-1605)".

Assembly Bill No. 448.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 465.
Amend sec. 2, page 1, line 11, after "subsection 1" by inserting:
"and the money appropriated by subsection 1 of section 1 of chapter 276 of Statutes of Nevada 1995, at page 458,".
Amend sec. 2, page 2, by deleting lines 1 through 4 and inserting:
"(a) Legally binding commitments of at least $5,000,000, including any legally binding commitments made pursuant to the conditions set forth in subsection 2 of section 1 of chapter 276 of Statutes of Nevada 1995, at page 458, have been made by private sources of funding to capitalize the fund or pool of funds.".
Amend sec. 2, page 2, line 8, by deleting "2" and inserting "3".
Assemblywoman Evans moved the adoption of the amendment.
Remarks by Assemblymen Evans and Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 131.
Bill read second time and ordered to third reading.

Senate Bill No. 180.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 552.
Amend section 1, page 1, by deleting lines 3 through 9 and inserting:
"1. No cause of action, including, without limitation, any civil action or action for declaratory or injunctive relief, may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the state or any of its agencies or political subdivisions on the basis that a computer or other information system that is owned or operated by any of those persons produced, calculated or generated an incorrect date, regardless of the cause of the error.
2. Any contract entered into by or on behalf of and in the capacity of the State of Nevada, an immune contractor or an officer or employee of the state or any of its agencies or political subdivisions must include a provision that provides immunity to those persons for any breach of contract that is caused by an incorrect date being produced, calculated or generated by a computer or other information system that is owned or operated by any of those persons, regardless of the cause of the error.
3. Any contract subject to the provisions of this section that is entered into on or after June 30, 1997, has the legal effect of including the immunity required by this section, and any provision of the contract which is in conflict with this section is void.".
Amend sec. 5, page 2, line 32, by deleting the period and inserting:
", and expires by limitation on December 30, 2005.".
Amend the title of the bill to read as follows:
"AN ACT relating to information systems; providing immunity to the state and its immune contractors, officers, employees and political subdivisions from any civil action based on or action for a breach of contract that is caused by a computer that produced, calculated or generated an incorrect date, regardless of the cause of the error; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Provides immunity to state and local governments from any civil action based on or action for breach of contract that is caused by computer that produces, calculates or generates incorrect date, regardless of cause of error. (BDR 3-1442)".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 264.
Bill read second time and ordered to third reading.

Assembly Bill No. 401.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 478.
Amend sec. 46, page 18, by deleting lines 18 and 19 and inserting:
"Sec. 46. "State" has the meaning ascribed to it in NRS 130.0432.".
Amend sec. 47, page 18, line 20, by deleting "To" and inserting "1. To".
Amend sec. 47, page 18, line 21, by deleting:
"chapter 130 of NRS " and inserting:
"28 U.S.C. § 1738B".
Amend sec. 47, page 18, line 25, by deleting:
"chapter 130 of NRS." and inserting:
"28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.
2. For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.".
Amend the bill as a whole by deleting sections 50 and 51 and inserting:
"Secs. 50 and 51. (Deleted by amendment.)".
Amend the bill as a whole by deleting sections 53 through 68 and inserting:
"Secs. 53-68. (Deleted by amendment.)".
Amend sec. 69, page 30, by deleting lines 14 through 16 and inserting:
"7. As used in this section, "court order" means an order that a court of this state has jurisdiction to modify pursuant to 28 U.S.C. § 1738B.".
Amend the bill as a whole by deleting sec. 71 and inserting:
"Sec. 71. (Deleted by amendment.)".
Amend sec. 82, page 35, by deleting line 28 and inserting:
"this chapter, the provisions of chapters 31A, 125B , 126 and 130 of NRS".
Amend the bill as a whole by adding a new section designated sec. 82.5, following sec. 82, to read as follows:
"Sec. 82.5. NRS 425.345 is hereby amended to read as follows:
425.345To the extent they are not inconsistent with the provisions of this chapter, the provisions of chapters 31A, 125B [, 126 and 130] and 126 of NRS apply to a hearing held pursuant to the provisions of this chapter.".
Amend the bill as a whole by deleting sec. 85.5 and inserting:
"Sec. 85.5. (Deleted by amendment.)".
Amend sec. 88, page 39, line 8, by deleting "court, [the]" and inserting:
"court [, the] and except as otherwise provided in 28 U.S.C. § 1738B and section 47 of this act,".
Amend sec. 88, page 39, by deleting lines 10 through 16 and inserting:
"dependent child;] Issue and enforce an order for the support of a dependent child,".
Amend sec. 88, page 39, line 18, by deleting "(2)" and inserting "(b)".
Amend sec. 88, page 39, line 19, by deleting "[(c)] (3)" and inserting "(c)".
Amend sec. 88, page 39, line 24, by deleting "(4)" and inserting "(d)".
Amend sec. 88, page 39, line 26, by deleting "(5)" and inserting "(e)".
Amend sec. 88, page 39, line 27, by deleting "(6)" and inserting "(f)".
Amend sec. 88, page 39, line 29, by deleting "(7)" and inserting "(g)".
Amend sec. 88, page 39, line 30, by deleting "(8)" and inserting "(h)".
Amend sec. 88, page 39, line 32, by deleting "(9)" and inserting "(i)".
Amend sec. 88, page 39, line 34, by deleting "(10)" and inserting "(j)".
Amend sec. 88, page 39, line 37, by deleting "(11)" and inserting "(k)".
Amend sec. 88, page 39, line 41, by deleting "(12)" and inserting "(l)".
Amend sec. 88, page 39, line 43, by deleting "(13)" and inserting "(m)".
Amend sec. 88, page 40, line 1, by deleting "(I)" and inserting "(1)".
Amend sec. 88, page 40, line 3, by deleting "(II)" and inserting "(2)".
Amend sec. 88, page 40, line 5, by deleting "(14)" and inserting "(n)".
Amend sec. 88, page 40, line 6, by deleting "(15)" and inserting "(o)".
Amend sec. 88.5, pages 40 and 41, by deleting lines 8 through 43 on page 40 and lines 1 through 9 on page 41 and inserting:
"425.3821. Except as otherwise provided in section 47 of this act, the chief may proceed pursuant to NRS 425.3822 to 425.3852, inclusive, and section 52 of this act after:
(a) Payment of public assistance by the division; or
(b) Receipt of a request for services to carry out the program.
2. Subject to approval by the district court , [and except as otherwise provided in 28 U.S.C. § 1738B and section 47 of this act,] a master may:
(a) Take any action authorized pursuant to chapter 130 of NRS, including any of the actions described in subsection 2 of section 237 of this act.
(b) Except as otherwise provided in chapter 130 of NRS and section 47 of this act:
(1) Issue and enforce an order for the support of a dependent child, and modify or adjust such an order in accordance with NRS 125B.145;
[(b)] (2) Require coverage for health care of a dependent child;
[(c)] (3) Establish paternity;
[(d)] (4) Order a responsible parent to comply with an order for the support of a dependent child, specifying the amount and the manner of compliance;
[(e)] (5) Order the withholding of income;
[(f)] (6) Determine the amount of any arrearages and specify a method of payment;
[(g)] (7) Enforce orders by civil or criminal contempt, or both;
[(h)] (8) Set aside property for satisfaction of an order for the support of a dependent child;
[(i)] (9) Place liens and order execution on the property of the responsible parent;
[(j)] (10) Order a responsible parent to keep the master informed of his current residential address, telephone number, employer, address of employment and telephone number at the place of employment;
[(k)] (11) Issue a bench warrant for a responsible parent who has failed after proper notice to appear at a hearing ordered by the master and enter the bench warrant in any local and state computer system for criminal warrants;
[(l)] (12) Order the responsible parent to seek appropriate employment by specified methods;
[(m)] (13) Upon the request of the division, require a responsible parent to:
[(1)] (I) Pay any support owed in accordance with a plan approved by the division; or
[(2)] (II) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the division deems appropriate;
[(n)] (14) Award reasonable attorney's fees and other fees and costs; and
[(o)] (15) Grant any other available remedy."
Amend sec. 90, page 41, by deleting line 43 and inserting:
"paragraph (m) of subsection 2 of NRS 425.382,".
Amend sec. 90.5, page 43, by deleting line 2 and inserting:
"[paragraph (m)] subparagraph (13) of paragraph (b) of subsection 2 of NRS".
Amend sec. 90.5, page 43, by deleting lines 23 and 24 and inserting:
"(j) A reference to NRS 425.382 to 425.3852, inclusive, and section 52 of this act.".
Amend sec. 91, page 44, lines 14 and 15, by deleting:
"subparagraph 13 of paragraph (b)" and inserting "paragraph (m)".
Amend sec. 91.5, page 45, by deleting lines 19 and 20 and inserting:
"(e) Any requirements to be imposed pursuant to [paragraph (m)] subparagraph (13) of paragraph (b) of subsection 2 of NRS 425.382, regarding a".
Amend sec. 92, page 46, by deleting lines 41 and 42 and inserting:
"(a) A court of this state has jurisdiction to modify pursuant to 28 U.S.C. § 1738B; and ".
Amend the bill as a whole by adding a new section designated sec. 92.5, following sec. 92, to read as follows:
"Sec. 92.5. NRS 425.383 is hereby amended to read as follows:
425.3831. After the entry of a recommendation for the support of a dependent child by the master that has been approved by the district court, or after entry of an order for the support of a dependent child by a district court regarding which the chief is authorized to proceed pursuant to NRS 425.382 to 425.3852, inclusive, and section 52 of this act, the responsible parent, the person entitled to support or the enforcing authority may move for the amount of the child support being enforced to be modified or adjusted in accordance with NRS 125B.145.
2. The motion must:
(a) Be in writing.
(b) Set out the reasons for the modification or adjustment.
(c) State the address of the moving party.
(d) Be served by the moving party upon the responsible parent or the person entitled to support, as appropriate, by first-class mail to the last known address of that person.
3. The moving party shall mail or deliver a copy of the motion and the original return of service to the chief.
4. The chief shall set the matter for a hearing within 30 days after the date of receipt of the motion unless a stipulated agreement between the parties is reached. The chief shall send to the parties and person with physical custody of the dependent child a notice of the hearing by first-class mail to the last known address of those persons.
5. A motion for modification or adjustment requested pursuant to this section does not prohibit the chief from enforcing and collecting upon the existing order for support of a dependent child unless so ordered by the district court.
6. The only support payments that may be modified or adjusted pursuant to this section are monthly support payments that:
(a) A court of this state has jurisdiction to modify pursuant to [28 U.S.C. § 1738B;] chapter 130 of NRS; and
(b) Accrue after the moving party serves notice that a motion has been filed for modification or adjustment.
7. The party requesting the modification or adjustment has the burden of showing a change of circumstances and good cause for the modification or adjustment, unless the request is filed in accordance with subsection 1 of NRS 125B.145.".
Amend sec. 95, page 49, by deleting line 15 and inserting:
"paragraph (m) of subsection 2 of NRS 425.382,".
Amend sec. 95, page 50, lines 8 and 9, by deleting:
"subparagraph (13) of paragraph (b)" and inserting "paragraph (m)".
Amend sec. 95.5, page 51, by deleting line 5 and inserting:
"[paragraph (m)] subparagraph (13) of paragraph (b) of subsection 2 of NRS".
Amend sec. 95.5, page 51, by deleting lines 18 and 19 and inserting:
"(i) A reference to NRS 425.382 to 425.3852, inclusive, and section 52 of this act.".
Amend sec. 95.5, page 51, lines 38 and 39, by deleting:
"[subparagraph (13) of paragraph (b)] paragraph (m)" and inserting:
"[paragraph (m)] subparagraph (13) of paragraph (b)".
Amend the bill as a whole by deleting sec. 101 and inserting:
"Sec. 101. (Deleted by amendment.)".
Amend sec. 111, page 61, by deleting lines 22 and 23 and inserting:
"and credit in this state [.] , except a judgment to which chapter 130 of NRS applies.".
Amend sec. 115, page 63, line 24, by deleting "123," and inserting "123.5,".
Amend sec. 121, page 64, by deleting lines 1 and 2 and inserting:
"Sec. 121. "State" has the meaning ascribed to it in NRS 130.0432.".
Amend sec. 123, page 64, line 5, by deleting "To" and inserting "1. To".
Amend sec. 123, page 64, line 6, by deleting:
"chapter 130 of NRS " and inserting:
"28 U.S.C. § 1738B".
Amend sec. 123, page 64, line 10, by deleting:
"chapter 130 of NRS." and inserting:
"28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.
2. For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.".
Amend the bill as a whole by adding a new section designated sec. 123.5, following sec. 123, to read as follows:
"Sec. 123.5. 1. If an employer receives an order issued by a court of another state to withhold the income of an obligor, the employer shall withhold income as directed in the order, except that the employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(a) The employer's fee for processing the order;
(b) The maximum amount permitted to be withheld from the obligor's income;
(c) The times within which the employer must carry out the order and forward the child-support payment;
(d) The priorities for withholding and allocating income withheld for multiple child-support obligees; and
(e) Any terms or conditions of withholding not specified in the order.
2. An employer who complies with the provisions of subsection 1 regarding an order that is regular on its face is not subject to civil liability to any natural person or agency for conduct that complies with subsection 1.".
Amend sec. 126, page 65, line 16, by deleting "31A.190," and inserting "31A.230,".
Amend the bill as a whole by adding a new section designated sec. 126.5, following sec. 126, to read as follows:
"Sec. 126.5. NRS 31A.030 is hereby amended to read as follows:
31A.030Except as otherwise provided in section 123 of this act:
1. The amount of income to be withheld pursuant to NRS 31A.025 to [31A.230,] 31A.190, inclusive, must be calculated in accordance with NRS 31.295 and must include:
(a) The amount of the current support due plus:
(1) An amount equal to 10 percent of the amount of the current periodic or other payment ordered for support, to be applied to satisfy arrearages, if any; or
(2) If the court has previously ordered the payment of arrearages in a specified manner, the amount so ordered;
(b) If the obligor is subject to a court order for the payment of current support which is not being collected pursuant to this chapter and the enforcing authority is entitled to collect any arrearages, an amount equal to 25 percent of the amount of the payment ordered for current support, to be applied to satisfy the arrearages; or
(c) If the child is emancipated, arrearages as provided in NRS 125B.100, until the arrearages are paid in full.
2. If two or more court orders for the withholding of income are being enforced against the same obligor, the amount available from withholding must be allocated among those persons entitled to it pursuant to those orders:
(a) Giving priority to an obligation for current support; and
(b) Except as otherwise provided in paragraph (a), in the proportion that the amount owed any one person bears to the total amount owed to all persons entitled to withholding pursuant to those orders.".
Amend sec. 128, page 67, lines 1 and 2, by deleting:
"section 265 of this act" and inserting "NRS 130.370".
Amend sec. 128, page 67, lines 3 and 4, by deleting:
"chapter 130 of NRS." and inserting:
"NRS 130.330 to 130.370, inclusive.".
Amend the bill as a whole by adding a new section designated sec. 128.5, following sec. 128, to read as follows:
"Sec. 128.5. NRS 31A.050 is hereby amended to read as follows:
31A.0501. Except as otherwise provided in subsection 2:
(a) If an obligor, within 15 days after a notice of withholding is mailed to him pursuant to NRS 31A.040, requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court.
(b) The obligor may contest the withholding on the following grounds:
(1) The court which issued the order for support lacked personal jurisdiction over him;
(2) There is a mistake of fact as to:
(I) Whether the obligor has been delinquent in the payment of support;
(II) The amount of the arrearages or support; or
(III) The custody of the child; or
(3) The order of support was obtained by fraud.
No other issues or defenses may be presented to or determined by the court.
2. The provisions of subsection 1:
(a) Are applicable only to an obligor against whom there is entered an order of a kind described in subsection 2 of NRS 31A.025.
(b) Do not apply to an obligor who requests a hearing pursuant to [NRS 130.370] section 265 of this act to contest the enforcement, through the withholding of income, of an order for support that is registered pursuant to [NRS 130.330 to 130.370, inclusive.] chapter 130 of NRS.".
Amend sec. 133, page 69, line 9, by deleting "31A.190, inclusive," and inserting:
"31A.230, inclusive, or section 123.5 of this act,".
Amend sec. 133, page 69, line 18, by deleting "31A.190, inclusive;" and inserting:
"31A.230, inclusive, or section 123.5 of this act;".
Amend the bill as a whole by adding a new section designated sec. 133.5, following sec. 133, to read as follows:
"Sec. 133.5. NRS 31A.095 is hereby amended to read as follows:
31A.0951. If an employer wrongfully refuses to withhold income as required pursuant to NRS 31A.025 to [31A.230, inclusive, or section 123.5 of this act,] 31A.190, inclusive, or knowingly misrepresents the income of an employee, the enforcing authority may apply for and the court may issue an order directing the employer to appear and show cause why he should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.
2. At the hearing on the order to show cause , the court, upon a finding that the employer wrongfully refused to withhold income as required or knowingly misrepresented an employee's income:
(a) May order the employer to comply with the requirements of NRS 31A.025 to [31A.230, inclusive, or section 123.5 of this act;] 31A.190, inclusive;
(b) May order the employer to provide accurate information concerning the employee's income;
(c) May fine the employer pursuant to subsection 2 of NRS 31A.120; and
(d) Shall require the employer to pay the amount the employer failed or refused to withhold from the obligor's income.".
Amend sec. 135, page 69, line 36, by deleting "31A.190," and inserting "31A.230,".
Amend the bill as a whole by adding a new section designated sec. 135.5, following sec. 135, to read as follows:
"Sec. 135.5. NRS 31A.110 is hereby amended to read as follows:
31A.110The enforcing authority may, pursuant to NRS 31A.025 to [31A.230,] 31A.190, inclusive, collect, by withholding, an obligation for the support of a spouse or a former spouse under a valid order of a court, if the enforcing authority is also collecting support for a child of that spouse or former spouse from the same obligor and the child resides with the spouse or former spouse for whom the obligation of support is being collected.".
Amend sec. 136, page 70, line 11, by deleting "31A.190, inclusive," and inserting:
"31A.230, inclusive, or section 123.5 of this act,".
Amend the bill as a whole by adding a new section designated sec. 136.5, following sec. 136, to read as follows:
"Sec. 136.5. NRS 31A.120 is hereby amended to read as follows:
31A.1201. It is unlawful for an employer to use the withholding of income to collect an obligation of support as a basis for refusing to hire a potential employee, discharging the employee or taking disciplinary action against him. Any employer who violates this section shall hire or reinstate the employee with no loss of pay or benefits, is liable for any payments of support not withheld, and shall be fined $1,000. If an employee prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the employee's costs and attorney's fees incurred in that action.
2. If an employer wrongfully refuses to withhold from the income of an obligor as required pursuant to NRS 31A.025 to [31A.230, inclusive, or section 123.5 of this act,] 31A.190, inclusive, or knowingly misrepresents the income of the employee, he shall pay the amount he refused to withhold to the enforcing authority and may be ordered to pay punitive damages to the person to whom support is owed in an amount not to exceed $1,000 for each pay period he failed to withhold income as required or knowingly misrepresented the income of the employee.".
Amend sec. 137, page 70, line 19, by deleting "31A.190," and inserting "31A.230,".
Amend the bill as a whole by adding a new section designated sec. 137.5, following sec. 137, to read as follows:
"Sec. 137.5. NRS 31A.140 is hereby amended to read as follows:
31A.1401. A person or other entity for whom support is being collected pursuant to NRS 31A.025 to [31A.230,] 31A.190, inclusive, shall notify the enforcing authority of a change of address within a reasonable time after the change. The notice must be in writing and sent by certified mail, return receipt requested.
2. If payments are not deliverable for 3 consecutive months because of the failure of a person or other entity for whom payment of support has been withheld to notify the enforcing authority of a change of address, no further payments may be made and all payments not delivered must be returned to the obligor. The enforcing authority shall notify the employer to discontinue withholding.".
Amend sec. 138, page 70, line 31, by deleting "31A.190," and inserting "31A.230,".
Amend the bill as a whole by adding a new section designated sec. 138.5, following sec. 138, to read as follows:
"Sec. 138.5. NRS 31A.150 is hereby amended to read as follows:
31A.1501. Money may be withheld for the support of a child pursuant to NRS 31A.025 to [31A.230,] 31A.190, inclusive, from any money:
(a) Due to:
(1) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or any other benefit;
(2) The obligor as a return of contributions and interest; or
(3) Some other person because of the death of the obligor,
from the state, a political subdivision of the state or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by any person or a statute of this or any other state, whether the money is payable periodically or in a lump sum; or
(b) Due to the obligor as a judgment, a settlement or the prize from any contest or lottery, from any person or other entity, whether the money is payable periodically or in a lump sum.
2. When a certified copy of a notice to withhold income is delivered by certified mail, return receipt requested, to a person or other entity described in subsection 1, the person or other entity must comply with the request and pay to the enforcing authority the amounts withheld as required in the notice to withhold income.".
Amend the bill as a whole by adding new sections designated sections 141.3 through 141.7, following sec. 141, to read as follows:
"Sec. 141.3. NRS 31A.210 is hereby amended to read as follows:
31A.210On behalf of any client for whom an enforcing authority is providing services, or on application of a resident of this state, a [parent] person to whom support of a child has been ordered to be paid or any agency to whom that [parent] person has assigned his right to support, the enforcing authority [shall] may request the agency of another jurisdiction in which the [responsible parent derives wages or commissions to enter] obligor derives income to enforce an order to withhold payments of support from his [wages and commissions. The] income. If the enforcing authority makes such a request, the enforcing authority shall send to the agency of the other jurisdiction [all] :
1. All documentation required by that jurisdiction to [enter] enforce such an order. [The enforcing authority also shall send to the agency of the other jurisdiction a]
2. A certified copy of any modifications of the order for support.
If the enforcing authority receives notice that the [responsible parent] obligor is contesting the withholding of his income in the other jurisdiction, the enforcing authority shall immediately notify the [parent] person to whom the support is ordered to be paid of the date, time and place of the hearing and of his right to attend.
Sec. 141.5. NRS 31A.220 is hereby amended to read as follows:
31A.2201. The enforcing authority shall [issue a notice of withholding and] proceed to collect an obligation for the support of a child by withholding pursuant to NRS 31A.025 to [31A.240,] 31A.230, inclusive, upon the request of an agency responsible for the enforcement of orders for support of a child in another [county or] jurisdiction.
2. The request must include:
(a) A certified copy of the order for support with any modifications;
(b) A certified copy of an order to withhold [wages and commissions,] income, if any, still in effect;
(c) [A copy of the portion of the statute of that jurisdiction authorizing the withholding of wages and commissions, stating the requirements for withholding wages and commissions;
(d)] A sworn statement of the [parent] person to whom payments of support are ordered or a certified statement of the agency of the amount of support due and any assignment of the [parent's] person's right to support; and
[(e)] (d) A statement of:
(1) The name, address and social security number of the [responsible parent,] obligor, if known;
(2) The name and address of the employer of the [responsible parent] obligor or of any source of [wages, commissions or other] income derived in this state against which withholding is sought; and
(3) The name and address of the agency to whom payments of support collected by withholding must be transmitted.
3. If the documentation received by the enforcing authority does not conform to the requirements of subsection 2, it shall remedy the defect, if possible, without the assistance of the requesting agency. If the enforcing authority is unable to remedy the deficiencies, it shall immediately notify the requesting agency of the necessary additions or corrections. It shall not return the documentation. The enforcing authority shall accept the documentation even if it is not in the usual form, if it contains the required information.
4. [Upon receipt of a request from an agency in another county or jurisdiction, notice must be sent to the responsible parent pursuant to NRS 31A.040. If he] If the obligor requests a hearing [,] in this state to contest the withholding of his income, the enforcing authority shall notify the requesting agency of the date, time and place of the hearing and of the [agency's or custodial parent's] right of the agency or of the person to whom support is ordered to attend.
Sec. 141.7. NRS 31A.230 is hereby amended to read as follows:
31A.230If the enforcing authority has issued a notice to withhold [wages or commissions] income to an employer of [a responsible parent] an obligor and receives information that the [responsible parent] obligor has obtained employment or has a new or additional source of income in another state, the enforcing authority shall notify the agency who requested the withholding of income of those changes within 10 working days after receiving the information. It shall forward to the requesting agency all information it has or can obtain with respect to the [responsible parent's] obligor's new address and the name and address of his new employer or other sources of income. The enforcing authority shall include with the notice a certified copy of the notice to withhold [wages and commissions] income in effect in this state.".
Amend sec. 154, page 78, line 7, by deleting:
"chapter 130 of NRS," and inserting:
"28 U.S.C. § 1738B,".
Amend the bill as a whole by adding a new section designated sec. 154.5, following sec. 154, to read as follows:
"Sec. 154.5. NRS 125.210 is hereby amended to read as follows:
125.2101. Except as otherwise provided in subsection 2, in any action brought pursuant to NRS 125.190, the court may:
(a) Assign and decree to either spouse the possession of any real or personal property of the other spouse;
(b) Order or decree the payment of a fixed sum of money for the support of the other spouse and their children;
(c) Provide that the payment of that money be secured upon real estate or other security, or make any other suitable provision; and
(d) Determine the time and manner in which the payments must be made.
2. The court may not:
(a) Assign and decree to either spouse the possession of any real or personal property of the other spouse; or
(b) Order or decree the payment of a fixed sum of money for the support of the other spouse,
if it is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.
3. Except as otherwise provided in [28 U.S.C. § 1738B,] chapter 130 of NRS, the court may change, modify or revoke its orders and decrees from time to time.
4. No order or decree is effective beyond the joint lives of the husband and wife.".
Amend sec. 157, page 78, line 34, by deleting:
"chapter 130 of NRS:" and inserting:
"28 U.S.C. § 1738B:".
Amend the bill as a whole by adding a new section designated sec. 157.5, following sec. 157, to read as follows:
"Sec. 157.5. NRS 125.510 is hereby amended to read as follows:
125.5101. In determining the custody of a minor child in an action brought pursuant to this chapter, the court may, except as otherwise provided in this section and [28 U.S.C. § 1738B:] chapter 130 of NRS:
(a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and
(b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.
The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.
2. Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court's own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.
3. Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.
4. A party may proceed pursuant to this section without counsel.
5. Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, "sufficient particularity" means a statement of the rights in absolute terms and not by the use of the term "reasonable" or other similar term which is susceptible to different interpretations by the parties.
6. All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and must contain the following language:

PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

7. In addition to the language required pursuant to subsection 6, all orders authorized by this section must specify that the terms of the Hague Convention of October 25, 1980, adopted by the 14th Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country.
8. If a parent of the child lives in a foreign country or has significant commitments in a foreign country:
(a) The parties may agree, and the court shall include in the order for custody of the child, that the United States is the country of habitual residence of the child for the purposes of applying the terms of the Hague Convention as set forth in subsection 7.
(b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence. The bond must be in an amount determined by the court and may be used only to pay for the cost of locating the child and returning him to his habitual residence if the child is wrongfully removed from or concealed outside the country of habitual residence. The fact that a parent has significant commitments in a foreign country does not create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.
9. Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:
(a) Upon the death of the person to whom the order was directed; or
(b) When the child reaches 18 years of age if he is no longer enrolled in high school, otherwise, when he reaches 19 years of age.
10. As used in this section, a parent has "significant commitments in a foreign country" if he:
(a) Is a citizen of a foreign country;
(b) Possesses a passport in his name from a foreign country;
(c) Became a citizen of the United States after marrying the other parent of the child; or
(d) Frequently travels to a foreign country.".
Amend sec. 161, page 80, by deleting lines 36 and 37 and inserting:
"Sec. 161. "State" has the meaning ascribed to it in NRS 130.0432.".
Amend sec. 162, page 80, line 38, by deleting "To" and inserting "1. To".
Amend sec. 162, page 80, line 39, by deleting:
"chapter 130 of NRS " and inserting:
"28 U.S.C. § 1738B".
Amend sec. 162, page 80, line 43, by deleting:
"chapter 130 of NRS." and inserting:
"28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.
2. For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.".
Amend sec. 167, page 82, by deleting line 37 and inserting:
"to recognition in this state must be afforded full faith and ".
Amend sec. 172, page 85, line 13, by deleting:
"chapter 130 of NRS " and inserting:
"28 U.S.C. § 1738B".
Amend the bill as a whole by adding a new section designated sec. 172.5, following sec. 172, to read as follows:
"Sec. 172.5. NRS 125B.140 is hereby amended to read as follows:
125B.1401. Except as otherwise provided in [28 U.S.C. § 1738B] chapter 130 of NRS and section 162 of this act:
(a) If an order issued by a court provides for payment for the support of a child, that order is a judgment by operation of law on or after the date a payment is due. Such a judgment may not be retroactively modified or adjusted and may be enforced in the same manner as other judgments of this state.
(b) Payments for the support of a child pursuant to an order of a court which have not accrued at the time either party gives notice that he has filed a motion for modification or adjustment may be modified or adjusted by the court upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction of the modification or adjustment.
2. Except as otherwise provided in subsection 3 and sections 162, 166 and 167 of this act:
(a) Before execution for the enforcement of a judgment for the support of a child, the person seeking to enforce the judgment must send a notice by certified mail, restricted delivery, with return receipt requested, to the responsible parent:
(1) Specifying the name of the court that issued the order for support and the date of its issuance;
(2) Specifying the amount of arrearages accrued under the order;
(3) Stating that the arrearages will be enforced as a judgment; and
(4) Explaining that the responsible parent may, within 20 days after the notice is sent, ask for a hearing before a court of this state concerning the amount of the arrearages.
(b) The matters to be adjudicated at such a hearing are limited to a determination of the amount of the arrearages and the jurisdiction of the court issuing the order. At the hearing, the court shall take evidence and determine the amount of the judgment and issue its order for that amount.
(c) The court shall determine and include in its order:
(1) Interest upon the arrearages at a rate established pursuant to NRS 99.040, from the time each amount became due; and
(2) A reasonable attorney's fee for the proceeding,
unless the court finds that the responsible parent would experience an undue hardship if required to pay such amounts. Interest continues to accrue on the amount ordered until it is paid, and additional attorney's fees must be allowed if required for collection.
(d) The court shall include in its order the social security number of the responsible parent.
3. Subsection 2 does not apply to the enforcement of a judgment for arrearages if the amount of the judgment has been determined by any court.".
Amend sec. 183, page 89, line 35, by deleting:
", section 274 of this act".
Amend sec. 183, page 89, by deleting lines 38 and 39 and inserting:
"130.245 , [or] NRS 201.025 [.] or NRS 425.382 to 425.3852, inclusive, and section 52 of this act.".
Amend sec. 183.5, page 90, by deleting line 2 and inserting:
"birth to the child, or under this chapter , section 274 of this act or NRS".
Amend sec. 183.5, page 90, line 4, by inserting an open bracket before "NRS".
Amend sec. 183.5, page 90, by deleting lines 5 and 6 and inserting:
"130.245,] section 274 of this act, NRS 201.025 or NRS 425.382 to 425.3852, inclusive, and section 52 of this act.".
Amend sec. 190, page 95, line 1, by deleting:
"section 218 of this act," and inserting "NRS 130.0432,".
Amend the bill as a whole by adding a new section designated sec. 190.3, following sec. 190, to read as follows:
"Sec. 190.3. NRS 126.161 is hereby amended to read as follows:
126.161 1. A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes.
2. If such a judgment or order of this state is at variance with the child's birth certificate, the judgment or order must direct that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.
3. If the child is a minor, such a judgment or order of this state must provide for his support as required by chapter 125B of NRS and must include an order directing the withholding or assignment of income for the payment of the support unless:
(a) One of the parties demonstrates and good cause is found by the court or pursuant to the expedited process, for the postponement of the withholding or assignment; or
(b) All parties otherwise agree in writing.
4. Such a judgment or order of this state may:
(a) Contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.
(b) Direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The court may limit the father's liability for past support of the child to the proportion of the expenses already incurred which the court deems just.
5. Such a judgment or order of this state must include the social security numbers of the mother and father.
6. As used in this section, "expedited process" means a voluntary acknowledgment of paternity, judicial procedure or an administrative procedure established by this or another state, as that term is defined in [NRS 130.0432,] section 218 of this act, to facilitate the collection of an obligation for the support of a child.".
Amend sec. 192, page 95, lines 26 and 27, by deleting:
"chapter 130 of NRS," and inserting:
"28 U.S.C. § 1738B,".
Amend the bill as a whole by adding a new section designated as sec. 192.5, following sec. 192, to read as follows:
"Sec. 192.5. NRS 126.191 is hereby amended to read as follows:
126.191 Except as otherwise provided in NRS 125B.140 and [28 U.S.C. § 1738B,] chapter 130 of NRS, the court has continuing jurisdiction to modify the judgment or order as to custody, visitation or support.".
Amend sec. 193, page 95, by deleting lines 41 and 42 and inserting:
"(b) Any person or agency in violation of a requirement of federal law or condition to the receipt of federal money.".
Amend the bill as a whole by adding a new section designated sec. 193.5, following sec. 193, to read as follows:
"Sec. 193.5. NRS 126.291 is hereby amended to read as follows:
126.2911. Proceedings to compel support by a nonsupporting parent may be brought in accordance with this chapter. They are not exclusive of other proceedings. The court may assess the usual filing fees, charges or court costs against the nonsupporting parent and shall enforce their collection with the other provisions of the judgment.
2. Except as otherwise provided in this subsection, when the district attorney is requested to bring an action to compel support or an action to determine paternity, he may charge the requester a fee of not more than $20 for an application. This fee may not be assessed against:
(a) The State of Nevada when acting as a party to an action brought pursuant to this chapter.
(b) Any person or agency [in violation of a requirement of federal law or condition to the receipt of federal money.] requesting services pursuant to chapter 130 of NRS.
3. If the court finds that a parent and child relationship exists, it may assess against the nonsupporting parent, in addition to any support obligation ordered a reasonable collection fee. If the court finds that the nonsupporting parent would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.
4. All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county's program for the enforcement of support obligations.".
Amend sec. 195, page 96, line 22, by deleting "277," and inserting "277.1,".
Amend sec. 277, page 116, between lines 19 and 20, by inserting:
"5. As used in this section, "support-enforcement agency" means a public official or agency authorized to:
(a) Seek the enforcement of support orders or laws relating to the duty of support;
(b) Seek the establishment or modification of child support;
(c) Seek a determination of parentage; or
(d) Locate obligors or their assets.".
Amend the bill as a whole by adding new sections designated sections 277.1 through 277.7, following sec. 277, to read as follows:
"Sec. 277.1. Notwithstanding any other provision of this chapter:
1. To the extent that any provision of this chapter is inconsistent with the provisions of 28 U.S.C. § 1738B regarding the establishment, effect, enforcement or modification of a support order, the provision of this chapter does not apply to the order. The establishment, effect, enforcement and modification of a support order must comply with the provisions of 28 U.S.C. § 1738B.
2. For the purposes of this chapter, a support order issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.
Sec. 277.3. NRS 130.0432 is hereby amended to read as follows:
130.0432"State" includes [a] :
1. A state, territory or possession of the United States, the District of Columbia [,] and the Commonwealth of Puerto Rico [and any] ;
2. An Indian tribe; and
3. A foreign jurisdiction [in] :
(a) In which this or a substantially similar reciprocal law is in effect [.] ;
(b) Which is declared to be a foreign reciprocating country pursuant to 42 U.S.C. § 659a; or
(c) Which is declared to be a state pursuant to NRS 130.315.
Sec. 277.5. NRS 130.120 is hereby amended to read as follows:
130.1201. The complaint [shall] must be verified and [shall] state the name and, so far as known to the obligee, the address and circumstances of the obligor and the persons for whom support is sought , the social security number of the obligor and all other pertinent information. The obligee may include in or attach to the complaint any information which may help in locating or identifying the obligor, including a photograph of the obligor, a description of any distinguishing marks of his person, other names and aliases by which he has been or is known, the name of his employer [,] and his fingerprints . [, and his social security number.]
2. The complaint may be filed in the appropriate court of any state in which the obligee resides. The court shall not decline or refuse to accept or forward the complaint on the ground that it should be filed with some other court of this or any other state where there is pending another action for divorce, separation, annulment, dissolution, habeas corpus, adoption or custody between the same parties or where another court has already issued a support order in some other proceeding and has retained jurisdiction for its enforcement.
Sec. 277.7. NRS 130.160 is hereby amended to read as follows:
130.1601. [When] Except as otherwise provided in this subsection, when the district attorney is requested to initiate an action in accordance with this chapter, he may assess against the requester a fee of not more than $20 for an initial action or adjustment or modification of an order of support. He may request that the responding court collect the fee from the obligor. A fee may not be assessed against [the] :
(a) The State of Nevada when acting as a party to an action brought pursuant to this chapter.
(b) Any person or agency in violation of a requirement of federal law or condition to the receipt of federal money.
2. When the district attorney is requested to respond in an action in accordance with this chapter, the court may assess against an obligor, in addition to any support obligation ordered, a reasonable fee for collection and distribution. If the court finds that the obligor would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.
3. All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county's program for the enforcement of support obligations.
4. A responding court shall not require the posting of any bond, written undertaking, or security by the requester, including bonds for the seizure or attachment of property or require payment of a filing fee or other costs from the requester, but it may direct that all fees and costs requested by the initiating court and such fees and costs as are incurred in this state when acting as a responding state, including fees for filing of pleadings, service of process, seizure of property, stenographic or duplication service or other service supplied to the obligor, be paid in whole or in part by the obligor. Such fees and costs may not be assessed against the state or any political subdivision thereof. These costs or fees do not have priority over amounts due to the requester.".
Amend the bill as a whole by adding new sections designated sections 278.1 through 278.7, following sec. 278, to read as follows:
"Sec. 278.1. NRS 130.220 is hereby amended to read as follows:
130.2201. If the responding court finds a duty of support on the basis of a prior decree or other obligation at law, it shall order the obligor to furnish support or reimbursement therefor as required by chapter 125B of NRS and subject the property of the obligor to that order. The amount of support the obligor is directed to pay must be determined in accordance with NRS 125B.070 and 125B.080. Support orders made pursuant to this chapter may impose a greater or lesser amount of support than any previous order of another court obligating the same person for support of the same child. An order issued by a court of another state may be modified only if the order is registered pursuant to NRS 130.330 to 130.370, inclusive. Support orders made pursuant to this chapter must:
(a) Except as otherwise provided in subsection 2, include an order directing the withholding of [wages and commissions] income for the payment of the support unless:
(1) One of the parties demonstrates and good cause is found by the court for the postponement of withholding; or
(2) All parties otherwise agree in writing; and
(b) Require that payments be made to the [clerk of the court of the responding state or other] appropriate agency or office.
2. If the complaint is based upon an order of a court for support of a child that is delinquent , [in an amount equal to the amount the responsible parent has been ordered to pay as support for a 30-day period,] the exceptions provided in paragraph (a) of subsection 1 are not applicable and the court shall issue an order for the withholding of [wages and commissions.] income.
3. The court and prosecuting attorney of any county in which the obligor is present or has property have the same powers and duties to enforce the order as have those of the county in which it was first issued. If enforcement is impossible or cannot be completed in the county in which the order was issued, the prosecuting attorney shall send a certified copy of the order to the prosecuting attorney of any county in which it appears that proceedings to enforce the order would be effective. The prosecuting attorney to whom the certified copy of the order is forwarded shall proceed with enforcement and report the results of the proceedings to the court first issuing the order.
Sec. 278.3. NRS 130.240 is hereby amended to read as follows:
130.240In addition to the foregoing powers, a responding court may subject the obligor to any terms and conditions proper to [assure] ensure compliance with its orders and in particular:
1. Require the obligor to furnish a cash deposit or bond of a character and amount to [assure] ensure payment of any amount due.
2. Require the obligor to report personally and to make payments at specified intervals to the [clerk of the court.] appropriate agency or office.
3. Punish, under the power of contempt, the obligor who violates any order of the court.
4. Enter judgment for arrearages which have accrued, and to direct that the obligor retire such arrearages in addition to his regular support payments.
Sec. 278.5. NRS 130.250 is hereby amended to read as follows:
130.250A responding court has the following duties which may be carried out through the [clerk of the court:] appropriate agency or office:
1. To transmit to the initiating court any payment made by the obligor pursuant to any order of the court or otherwise.
2. To furnish to the initiating court upon request a certified statement of all payments made by the obligor.
Sec. 278.7. NRS 130.260 is hereby amended to read as follows:
130.260An initiating court shall , through the appropriate agency or office, receive and disburse forthwith all payments made by the obligor or sent by the responding court. [This duty may be carried out through the clerk of the court or other appropriate agency or office.]".
Amend the bill as a whole by adding a new section designated sec. 279.5, following sec. 279, to read as follows:
"Sec. 279.5. NRS 130.360 is hereby amended to read as follows:
130.3601. An obligee seeking to register a foreign support order in a court of this state shall transmit to the clerk of the court:
(a) Three certified copies of the order with all modifications thereof;
(b) [One copy of the reciprocal enforcement of support act of the state in which the order was made;] The social security number of the obligor, if known;
(c) A statement verified and signed by the obligee, showing:
(1) The post office address of the obligee;
(2) The last known place of residence and post office address of the obligor;
(3) The amount of support remaining unpaid;
(4) A description and the location of any property of the obligor available upon execution; and
(5) A list of the states in which the order is registered.
2. Upon receipt of these documents the clerk of the court, without payment of a filing fee or other cost to the obligee, shall file them in the registry of foreign support orders. The filing constitutes registration under this chapter.
3. Promptly upon registration, the clerk of the court shall send, by certified or registered mail, to the obligor at the address given a notice of the registration with a copy of the registered support order and the post office address of the obligee. He shall also docket the case and notify the prosecuting attorney of his action. The prosecuting attorney shall proceed diligently to enforce the order.".
Amend sec. 291, page 125, by deleting line 7 and inserting:
"(b) Order of a district court,
the state registrar, upon the receipt of the".
Amend the bill as a whole by deleting sec. 291.5 and inserting:
"Sec. 291.5. (Deleted by amendment.)".
Amend the bill as a whole by deleting sec. 297 and inserting:
"Sec. 297. (Deleted by amendment.)".
Amend the bill as a whole by deleting sections 310 through 314, renumbering sections 315 through 320 as sections 319 through 324 and adding new sections designated sections 310 through 318, following sec. 309, to read as follows:
"Sec. 310. Section 46 of this act is hereby amended to read as follows:

Sec. 46. "State" has the meaning ascribed to it in [NRS 130.0432.] section 218 of this act.

Sec. 47. [1.] To the extent that any provision of this chapter is inconsistent with the provisions of [28 U.S.C. § 1738B] chapter 130 of NRS regarding the effect, enforcement or modification of an order relating to the support of a child issued by a court other than a court of this state, the provision of this chapter does not apply to the order. The enforcement and any modification of such an order must comply with the provisions of [28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.

2. For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.] chapter 130 of NRS.

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

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

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

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

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

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

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

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

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

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

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

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

7. As used in this section, "court order" means an order that a court of this state has jurisdiction to modify pursuant to [28 U.S.C. § 1738B.] chapter 130 of NRS.

Sec. 121. "State" has the meaning ascribed to it in [NRS 130.0432.] section 218 of this act.

Sec. 123. [1.] To the extent that any provision of this chapter is inconsistent with the provisions of [28 U.S.C. § 1738B] chapter 130 of NRS regarding the effect, enforcement or modification of an order relating to the support of a child issued by a court other than a court of this state, the provision of this chapter does not apply to the order. The enforcement and any modification of such an order must comply with the provisions of [28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.

2. For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.] chapter 130 of NRS.

Sec. 161. "State" has the meaning ascribed to it in [NRS 130.0432.] section 218 of this act.

Sec. 162. [1.] To the extent that any provision of this chapter is inconsistent with the provisions of [28 U.S.C. § 1738B] chapter 130 of NRS regarding the effect, enforcement or modification of an order relating to the support of a child issued by a court other than a court of this state, the provision of this chapter does not apply to the order. The enforcement and any modification of such an order must comply with the provisions of [28 U.S.C. § 1738B. Such an order must not be modified unless the order is registered pursuant to NRS 130.330 to 130.370, inclusive.

2. For the purposes of this chapter, an order relating to the support of a child issued by a court of a state described in subsection 3 of NRS 130.0432 shall be deemed to have the same effect and must be treated in the same manner as a similar order of a state described in subsection 1 of NRS 130.0432.] chapter 130 of NRS.

Sec. 167. 1. A lien against the real or personal property of a responsible parent arising in another state to enforce an order that is entitled to recognition [in this state] pursuant to chapter 130 of NRS must be afforded full faith and credit in this state if the order and forms prescribed by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 652(a)(11)(B) are recorded in the manner prescribed in section 166 of this act for a lien that arises in this state.

2. Notwithstanding the provisions of NRS 21.075, a person who wishes to enforce in this state a lien recorded pursuant to subsection 1 is not required to provide notice to the responsible parent and the responsible parent is not entitled to a hearing before the lien is enforced in this state.

Sec. 277. 1. If a support-enforcement agency of this state receives a request from a support-enforcement agency of another state to enforce a support order, the support-enforcement agency of this state shall respond to the request as required by 42 U.S.C. § 666. The request shall be deemed to constitute a certification by the support-enforcement agency of the other state:

(a) Of the amount of support under the order for which payment is in arrears; and

(b) That the agency has complied with all requirements for procedural due process applicable to the case.

2. A support-enforcement agency of this state may, by electronic or other means, transmit to the appropriate agency of another state a request for assistance in a case involving the enforcement of a support order. The request must include:

(a) Such information as will enable the agency to which the request is transmitted to compare information about the case to information maintained in that state; and

(b) A certification by the support-enforcement agency of this state:

(1) Of the amount of support under the order for which payment is in arrears; and

(2) That the agency has complied with all requirements for procedural due process applicable to the case.

3. If a support-enforcement agency of this state provides assistance to a support-enforcement agency of another state pursuant to subsection 1, no support-enforcement agency of this state may, for the purposes of Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.), consider the case to be transferred to the caseload of this state.

4. A support-enforcement agency of this state shall maintain records of:

(a) The number of requests received from a support-enforcement agency of another state pursuant to subsection 1;

(b) The number of cases for which the support-enforcement agency of this state collected support in response to such a request; and

(c) The amount of support collected in response to such a request.

[5. As used in this section, "support-enforcement agency" means a public official or agency authorized to:

(a) Seek the enforcement of support orders or laws relating to the duty of support;

(b) Seek the establishment or modification of child support;

(c) Seek a determination of parentage; or

(d) Locate obligors or their assets.]".

Assembly Bill No. 403.
Bill read third time.
Remarks by Assemblymen Chowning, Parks, Perkins, Freeman and Segerblom.
Conflict of interest declared by Assemblyman Parks.
Roll call on Assembly Bill No. 403:
Yeas -- 13.
Nays -- Arberry, Bache, Braunlin, Buckley, Carpenter, Cegavske, Close, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Humke, Krenzer, Lambert, Lee, Marvel, Mortenson, Perkins, Price, Sandoval, Von Tobel--26.
Not voting -- Parks.
Excused -- Amodei, Nolan--2.
Assembly Bill No. 403 having failed to receive a constitutional majority, Mr. Speaker declared it lost.

Assembly Bill No. 412.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 412:
Yeas -- 40.
Nays -- None.
Excused -- Amodei, Nolan--2.
Assembly Bill No. 412 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

On request of Assemblyman Close, the privilege of the floor of the Assembly Chamber for this day was extended to Julius Davis.

On request of Assemblyman Sandoval, the privilege of the floor of the Assembly Chamber for this day was extended to Ricci Elkins, Russ Marler, Michael Tchudi, Ritchie Elkins, Kenneth Marler, Airreal Lewis, Josh Lewis, Rachel Anderson, Mike Kahan, Devan Budd, Trevor Mick, Chelsea Mick, Jordan Way, Nick Quiles and Kevin Kahan.

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Shope-Wiles.

On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Jeanne Johnston.

Assemblyman Perkins moved that the Assembly adjourn until Friday, June 6, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 1:12 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly