requires two-thirds majority vote (§ 1)                                                                                                                 

                                                                                                  

 

Senate Bill No. 186–Committee on Judiciary

 

(On Behalf of the Attorney General)

 

February 20, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Imposes fee upon obligor each time employer withholds income for payment of support for child. (BDR 3‑446)

 

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 child support; imposing a fee upon an obligor 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

1-2  thereto a new section to read as follows:

1-3  1.  The State Treasurer shall charge an obligor a fee of $2 for

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

1-5  an employer pursuant to this chapter.

1-6  2.  All such fees received by the State Treasurer from

1-7  employers pursuant to NRS 31A.080 must be accounted for

1-8  separately in the State 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

1-11  the account must be distributed among each enforcing authority

1-12  pursuant to regulations adopted by the State Welfare

1-13  Administrator pursuant to NRS 425.365.

 

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

2-2  31A.070  1.  The enforcing authority shall mail, by first-class

2-3  mail, a notice to withhold income to an obligor’s employer:

2-4  (a) If the provisions of subsection 2 of NRS 31A.025 apply,

2-5  immediately upon determining that the obligor is delinquent in the

2-6  payment of support; or

2-7  (b) If the provisions of subsection 2 of NRS 31A.025 do not

2-8  apply, immediately upon the entry of the order of support.

2-9  2.  If an employer of an obligor does not begin to withhold

2-10  income from the obligor after receiving the notice to withhold

2-11  income that was mailed pursuant to subsection 1, the enforcing

2-12  authority shall mail, by certified mail, return receipt requested,

2-13  another notice to withhold income to the employer.

2-14      3.  A notice to withhold income may be issued electronically

2-15  andmust:

2-16      (a) Contain the social security number of the obligor;

2-17      (b) Specify the amount to be withheld from the income of the

2-18  obligor;

2-19      (c) Specify the [amount of the fee] amounts of the fees

2-20  authorized in NRS 31A.090 [for the employer;] and required in

2-21  section 1 of this act;

2-22      (d) Describe the limitation for withholding income prescribed in

2-23  NRS 31.295;

2-24      (e) Describe the prohibition against terminating the employment

2-25  of an obligor because of withholding and the penalties for

2-26  wrongfully refusing to withhold pursuant to the notice to withhold

2-27  income;

2-28      (f) Specify that, pursuant to NRS 31A.160, the withholding of

2-29  income to enforce an order of a court for child support has priority

2-30  over other proceedings against the same money; and

2-31      (g) Explain the duties of an employer upon the receipt of the

2-32  notice to withhold income.

2-33      Sec. 3.  NRS 31A.080 is hereby amended to read as follows:

2-34      31A.080  An employer who receives a notice to withhold

2-35  income shall:

2-36      1.  Withhold the amount stated in the notice from the income

2-37  due the obligor beginning with the first pay period that occurs

2-38  within 14 days after the date the notice was mailed to the employer

2-39  and continuing until the enforcing authority notifies him to

2-40  discontinue the withholding;

2-41      2.  Deliver the money withheld to the enforcing authority within

2-42  7 days after the date of each payment of the regularly scheduled

2-43  payroll of the employer; [and]

3-1  3.  Deduct from the income due the obligor after the

3-2  withholding pursuant to subsection 1, the fee set forth in section 1

3-3  of this act;

3-4  4.  Deliver to the State Treasurer, at least quarterly, all money

3-5  deducted as fees pursuant to subsection 3; and

3-6  5.  Notify the enforcing authority and the State Treasurer when

3-7  the obligor subject to withholding terminates his employment, and

3-8  provide the last known address of the obligor and the name of any

3-9  new employer of the obligor, if known.

3-10      Sec. 4.  NRS 31A.090 is hereby amended to read as follows:

3-11      31A.090  1.  A notice to withhold income is binding upon any

3-12  employer of an obligor to whom it is mailed. To reimburse the

3-13  employer for his costs in making the withholding, he may deduct $3

3-14  from the amount paid the obligor each time he makes a withholding.

3-15      2.  If an employer receives notices to withhold income for more

3-16  than one employee, he may [pay the] consolidate the amounts of

3-17  money that are payable to:

3-18      (a) The enforcing authority [the amounts withheld] and pay

3-19  those amounts with one [check, but he] check; and

3-20      (b) The State Treasurer and pay those amounts with one

3-21  check,

3-22  but the employer shall attach to [the] each check a statement

3-23  identifying by name and social security number each obligor for

3-24  whom payment is made and the amount transmitted for that obligor.

3-25      3.  An employer shall cooperate with and provide relevant

3-26  information to an enforcing authority as necessary to enable it to

3-27  enforce an obligation of support. A disclosure made in good faith

3-28  pursuant to this subsection does not give rise to any action for

3-29  damages resulting from the disclosure.

3-30      Sec. 5.  The amendatory provisions of this act apply to a

3-31  withholding of income for the payment of support for a child that is

3-32  withheld on or after July 1, 2003.

3-33      Sec. 6.  This act becomes effective on July 1, 2003.

 

3-34  H