exemptREQUIRES TWO-THIRDS MAJORITY VOTE (§ 1)exempt

                                                   (REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 69–Committee on Ways and Means

 

February 6, 2001

____________

 

Referred to Concurrent Committees on Judiciary
and Ways and Means

 

SUMMARY—Imposes fee each time employer withholds income for payment of support for child. (BDR 3‑110)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to children; imposing a fee each time an employer withholds income for the payment of support for a child; providing for the collection and administration of that fee; 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 31A of NRS is hereby amended by adding thereto

1-2  a new section to read as follows:

1-3    1.  The state treasurer shall charge an obligor a fee of $2 for each

1-4  withholding of income for the payment of support made by an employer

1-5  pursuant to this chapter.

1-6    2.  All such fees received by the state treasurer from employers

1-7  pursuant to NRS 31A.080 must be accounted for separately in the state

1-8  general fund.

1-9    3.  The account created pursuant to subsection 2 must be

1-10  administered by the state welfare administrator. The money in the

1-11  account must be distributed among the welfare division and the district

1-12  attorneys of the respective counties of this state pursuant to regulations

1-13  adopted by the state welfare administrator pursuant to NRS 425.365.

1-14    Sec. 2.  NRS 31A.070 is hereby amended to read as follows:

1-15    31A.070  1.  The enforcing authority shall mail, by first-class mail, a

1-16  notice to withhold income to an obligor’s employer:

1-17    (a) If the provisions of subsection 2 of NRS 31A.025 apply,

1-18  immediately upon determining that the obligor is delinquent in the payment

1-19  of support; or

1-20    (b) If the provisions of subsection 2 of NRS 31A.025 do not apply,

1-21  immediately upon the entry of the order of support.

2-1    2.  If an employer of an obligor does not begin to withhold income

2-2  from the obligor after receiving the notice to withhold income that was

2-3  mailed pursuant to subsection 1, the enforcing authority shall mail, by

2-4  certified mail, return receipt requested, another notice to withhold income

2-5  to the employer.

2-6    3.  A notice to withhold income may be issued electronically and must:

2-7    (a) Contain the social security number of the obligor;

2-8    (b) Specify the amount to be withheld from the income of the obligor;

2-9    (c) Specify the [amount of the fee] amounts of the fees authorized in

2-10  NRS 31A.090 [for the employer;] and section 1 of this act;

2-11    (d) Describe the limitation for withholding income prescribed in NRS

2-12  31.295;

2-13    (e) Describe the prohibition against terminating the employment of an

2-14  obligor because of withholding and the penalties for wrongfully refusing to

2-15  withhold pursuant to the notice to withhold income;

2-16    (f) Specify that, pursuant to NRS 31A.160, the withholding of income

2-17  to enforce an order of a court for child support has priority over other

2-18  proceedings against the same money; and

2-19    (g) Explain the duties of an employer upon the receipt of the notice to

2-20  withhold income.

2-21    Sec. 3.  NRS 31A.080 is hereby amended to read as follows:

2-22    31A.080  An employer who receives a notice to withhold income shall:

2-23    1.  Withhold the amount stated in the notice from the income due the

2-24  obligor beginning with the first pay period that occurs within 14 days after

2-25  the date the notice was mailed to the employer and continuing until the

2-26  enforcing authority notifies him to discontinue the withholding;

2-27    2.  Deliver the money withheld to the enforcing authority within 7 days

2-28  after the date of each payment of the regularly scheduled payroll of the

2-29  employer; [and]

2-30    3.  Notify the enforcing authority when the obligor subject to

2-31  withholding terminates his employment, and provide the last known

2-32  address of the obligor and the name of any new employer of the obligor, if

2-33  known[.] ;

2-34    4.  Deduct from the amount paid to the obligor the fee set forth in

2-35  section 1 of this act; and

2-36    5.  Deliver to the state treasurer, at least quarterly, all money

2-37  deducted as fees pursuant to subsection 4.

2-38    Sec. 4.  NRS 31A.090 is hereby amended to read as follows:

2-39    31A.090  1.  A notice to withhold income is binding upon any

2-40  employer of an obligor to whom it is mailed. To reimburse the employer

2-41  for his costs in making the withholding, he may deduct $3 from the amount

2-42  paid the obligor each time he makes a withholding.

2-43    2.  If an employer receives notices to withhold income for more than

2-44  one employee, he may [pay the] consolidate the amounts of money that

2-45  are payable to:

2-46    (a) The enforcing authority [the amounts withheld] and pay those

2-47  amounts with one [check, but he] check; and

2-48    (b) The state treasurer and pay those amounts with one check,

3-1  but the employer shall attach to [the] each check a statement identifying ,

3-2  by name and social security number, each obligor for whom payment is

3-3  made and the amount transmitted for that obligor.

3-4    3.  An employer shall cooperate with and provide relevant information

3-5  to an enforcing authority as necessary to enable it to enforce an obligation

3-6  of support. A disclosure made in good faith pursuant to this subsection

3-7  does not give rise to any action for damages resulting from the disclosure.

3-8    Sec. 5. NRS 425.365 is hereby amended to read as follows:

3-9    425.365  The administrator [may] :

3-10    1.  May adopt such regulations and take such actions as are necessary

3-11  to carry out the provisions of this chapter.

3-12    2.  Shall adopt regulations governing the distribution of money in the

3-13  account created pursuant to section 1 of this act among the division and

3-14  the district attorneys of the respective counties of this state. The

3-15  regulation must provide, without limitation, that if any amount in excess

3-16  of $4 per month is collected from an obligor pursuant to section 1 of this

3-17  act, the division shall cause the excess amount to be credited toward any

3-18  arrearages owed by the obligor or toward his current support obligation.

3-19    Sec. 6.  The amendatory provisions of this act apply to a withholding

3-20  of income for the payment of support for a child that is withheld on or after

3-21  July 1, 2001.

3-22    Sec. 7.  This act becomes effective on July 1, 2001, and expires by

3-23  limitation on June 30, 2003.

 

3-24  H