Senate Bill No. 352–Committee on Human Resources
and Facilities

(On Behalf of Welfare Division—
Child Support Enforcement)

March 10, 1999

____________

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes in certain procedures for enforcement of child support. (BDR 38-446)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the support of children; prohibiting a stay of certain proceedings for the enforcement of child support; authorizing the issuance of additional orders in certain proceedings for the enforcement of child support; exempting the division of wildlife of the state department of conservation and natural resources from certain regulations relating to the submission of a statement concerning compliance with a court order for child support as a condition to the issuance or renewal of a license; and providing other matters properly relating thereto.

 

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

1-1 Section 1. Chapter 425 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 Except as otherwise required by the provisions of this chapter, a court

1-4 of this state:

1-5 1. Shall not stay a proceeding or refuse a hearing pursuant to NRS

1-6 425.382 to 425.3852, inclusive, because of any pending or prior action or

1-7 proceeding for divorce, separation, annulment, dissolution, habeas

1-8 corpus, adoption or custody in this or any other state.

2-1 2. Shall hold a hearing pursuant to NRS 425.382 to 425.3852,

2-2 inclusive, and may issue a support order pendente lite and, in aide

2-3 thereof, require the obligor to give a bond for the prompt prosecution of

2-4 the pending proceeding.

2-5 Sec. 2. NRS 425.3855 is hereby amended to read as follows:

2-6 425.3855 An order entered by a district court approving a

2-7 recommendation for the support of a dependent child made by a master or

2-8 an order entered by a district court pursuant to NRS 425.382 to 425.3852,

2-9 inclusive, and section 1 of this act must contain the social security numbers

2-10 of the parents or legal guardians of the child.

2-11 Sec. 3. NRS 425.520 is hereby amended to read as follows:

2-12 425.520 1. The welfare division shall prescribe, by regulation, a

2-13 statement which must be submitted to an agency that issues a professional,

2-14 occupational or recreational license, certificate or permit , other than the

2-15 division of wildlife of the state department of conservation and natural

2-16 resources, by an applicant for the issuance or renewal of such a license,

2-17 certificate or permit.

2-18 2. The statement prescribed pursuant to subsection 1 must:

2-19 (a) Provide the applicant with an opportunity to indicate that:

2-20 (1) He is not subject to a court order for the support of a child;

2-21 (2) He is subject to a court order for the support of one or more

2-22 children and is in compliance with the order or is in compliance with a plan

2-23 approved by the district attorney or other public agency enforcing the order

2-24 for the repayment of the amount owed pursuant to the order; or

2-25 (3) He is subject to a court order for the support of one or more

2-26 children and is not in compliance with the order or a plan approved by the

2-27 district attorney or other public agency enforcing the order for the

2-28 repayment of the amount owed pursuant to the order;

2-29 (b) Include a statement that the application for the issuance or renewal

2-30 of the license, certificate or permit will be denied if the applicant does not

2-31 indicate on the statement which of the provisions of paragraph (a) applies

2-32 to the applicant; and

2-33 (c) Include a space for the signature of the applicant.

2-34 Sec. 4. Chapter 130 of NRS is hereby amended by adding thereto a

2-35 new section to read as follows:

2-36 Except as otherwise required by the provisions of this chapter, a

2-37 responding tribunal of this state:

2-38 1. Shall not stay a proceeding or refuse a hearing pursuant to this

2-39 chapter because of any pending or prior action or proceeding for divorce,

2-40 separation, annulment, dissolution, habeas corpus, adoption or custody

2-41 in this or any other state.

3-1 2. Shall hold a hearing pursuant to this chapter and may issue a

3-2 support order pendente lite and, in aide thereof, require the obligor to

3-3 give a bond for the prompt prosecution of the pending proceeding.

3-4 Sec. 5. 1. This act becomes effective on July 1, 1999.

3-5 2. Section 3 of this act expires by limitation on the date on which the

3-6 provisions of 42 U.S.C. § 666 requiring each state to establish procedures

3-7 under which the state has authority to withhold or suspend, or to restrict the

3-8 use of professional, occupational and recreational licenses of persons who:

3-9 (a) Have failed to comply with a subpoena or warrant relating to a

3-10 proceeding to determine the paternity of a child or to establish or enforce

3-11 an obligation for the support of a child; or

3-12 (b) Are in arrears in the payment for the support of one or more

3-13 children,

3-14 are repealed by the Congress of the United States.

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