ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend section 1, pages 1 and 2, by deleting lines 2 through 5 on page 1 and lines 1 through 15 on page 2, and inserting:
“thereto the provisions set forth as sections 2 and 3 of this act.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. 1. If a court issues an extended order which includes an order for the support of a minor child, the court shall order the adverse party to assign to the party who obtained the extended order that portion of the income of the adverse party which is due or to become due and is sufficient to pay the amount ordered by the court for the support, unless the court finds good cause for the postponement of the assignment. A finding of good cause must be based upon a written finding by the court that the immediate assignment of income would not be in the best interests of the child.
2. An assignment of income ordered pursuant to subsection 1 is subject to the provisions of chapters 31A and 125B of NRS.
3. The Welfare Division of the Department of Human Resources, in consultation with the Office of Court Administrator and other interested governmental entities, shall develop procedures and forms to allow a person to whom an assignment is ordered to be made to enforce the assignment in an expeditious and safe manner.
Sec. 3. 1. If the current address where the adverse party resides is unknown and the law enforcement agency has made at least two attempts to personally serve the adverse party at his current place of employment, the law enforcement agency or a person designated by the law enforcement agency may serve the adverse party by:
(a) Delivering a copy of the application for an extended order, the notice of hearing thereon and a copy of the temporary order to the current place of employment of the adverse party; and
(b) Thereafter, mailing a copy of the application for an extended order, the notice of hearing thereon and a copy of the temporary order to the adverse party at his current place of employment.
2. Delivery pursuant to paragraph (a) of subsection 1 must be made by leaving a copy of the documents specified at the current place of employment of the adverse party with the manager of the department of human resources or another similar person. Such a person shall:
(a) Accept service of the documents and make a reasonable effort to deliver the documents to the adverse party;
(b) Identify another appropriate person who will accept service of the documents and who shall make a reasonable effort to deliver the documents to the adverse party; or
(c) Contact the adverse party and arrange for the adverse party to be present at the place of employment to accept service of the documents personally.
3. After delivering the documents to the place of employment of the adverse party, a copy of the documents must be mailed to the adverse party by first-class mail to the place of employment of the adverse party in care of the employer.
4. The adverse party shall be deemed to have been served 10 days after the date on which the documents are mailed to the adverse party.
5. Upon completion of service pursuant to this section, the law enforcement agency or the person designated by the law enforcement agency who served the adverse party in the manner set forth in this section shall file with or mail to the clerk of the court proof of service in this manner.
6. An employer is immune from civil liability for any act or omission with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally pursuant to this section, if the employer acts in good faith with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally.”.
Amend sec. 2, page 2, line 18, by deleting “section 1” and inserting:
“sections 2 and 3”.
Amend the bill as a whole by renumbering sections 3 through 15 as sections 6 through 18 and adding a new section designated sec. 5, following sec. 2, to read as follows:
“Sec. 5. NRS 33.060 is hereby amended to read as follows:
33.060 1. The court shall transmit, by the end of the next business day after the order is issued, a copy of the temporary or extended order to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the applicant or the minor child.
2. The court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with the temporary order and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service of an application for an extended order and the notice of hearing thereon must be served upon the adverse party [pursuant] :
(a) Pursuant to the Nevada Rules of Civil Procedure [.] ; or
(b) In the manner provided in section 3 of this act.
3. A law enforcement agency shall enforce a temporary or extended order without regard to the county in which the order was issued.
4. The clerk of the court shall issue, without fee, a copy of the temporary or extended order to the applicant and the adverse party.”.
Amend sec. 4, page 2, line 40, by deleting:
“5 to 13,” and inserting:
“8 to 16,”.
Amend sec. 5, page 2, line 42, by deleting:
“5 to 13,” and inserting:
“8 to 16,”.
Amend sec. 5, page 2, line 43, by deleting:
“6 to 9,” and inserting:
“9 to 12,”.
Amend sec. 11, page 3, line 29, by deleting “13” and inserting “16”.
Amend sec. 11, page 3, line 33, by deleting “10” and inserting “13”.
Amend sec. 12, page 3, line 34, by deleting “11” and inserting “14”.
Amend sec. 13, page 3, line 42, by deleting “11” and inserting “14”.
Amend sec. 14, page 4, lines 17, 21 and 27, by deleting “1” and inserting “2”.
Amend sec. 15, page 5, line 19, by deleting “1” and inserting “2”.
Amend the title of the bill, fourth line, after “circumstances;” by inserting:
“providing an additional manner of service of certain documents upon the adverse party under certain circumstances;”.