SB390 - Revises provisions relating to the support of children. (BDR 38-85)

EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT S.B. 390 - *SB390_R1* SENATE BILL NO. 390–SENATOR NEAL MARCH 17, 2025 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to the support of children. (BDR 38-85) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. CONTAINS UNFUNDED MANDATE (§ 1) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to the support of children; revising the duties of the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services; revising certain procedures and requirements relating to the collection of support of children; requiring the collecting and reporting of certain demographic information; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing federal law requires each state to establish procedures under which the 1 state has the authority to withhold or suspend, or to restrict, the use of driver’s 2 licenses and professional, occupational and recreational licenses of a person who: 3 (1) has failed, after receiving notice, to comply with a subpoena or warrant relating 4 to paternity or child support proceedings; or (2) is in arrears in the payment of 5 support for one or more children. (42 U.S.C. § 666) Existing law requires the 6 district attorney or other public agency collecting support for children to report to 7 the Department of Motor Vehicles the name of a person who has, after receiving 8 notice, failed to comply with a subpoena or warrant relating to paternity or child 9 support proceedings or who is in arrears in the payment of support for one or more 10 children. (NRS 425.510) After receiving such a report, existing law requires the 11 Department to suspend the driver’s license and, if applicable, the motorcycle 12 driver’s license of the person. (NRS 483.443, 486.165) 13 Section 1 of this bill authorizes, rather than requires, the district attorney or 14 other public agency to provide such a report to the Department of Motor Vehicles. 15 However, section 1 prohibits such a report from being made to the Department if 16 the suspension of the driver’s license and motorcycle driver’s license of the person 17 – 2 – - *SB390_R1* named in the report would be an impediment to his or her present or potential 18 employment. Section 1 also provides that, for the purposes of issuing such a report 19 to the Department, a person is not in arrears in the payment of support for one or 20 more children unless the person: (1) is delinquent for not less than 3 months in 21 support payments or any payments ordered by a court for arrearages in such 22 payments; or (2) has failed to provide medical insurance for a child as required by a 23 court order. Section 1 also requires each district attorney or other public agency: 24 (1) to collect and maintain certain demographic data concerning persons who were 25 sent a notice concerning a subpoena, warrant or arrearage, and persons whose 26 names were reported to the Department; and (2) to annually submit a report to the 27 Legislature concerning such data. Section 5 of this bill makes a conforming change 28 to clarify the applicability of provisions governing when a person is in arrears for 29 the support of one or more children for the purposes of other provisions providing 30 for the suspension of professional, occupational and recreational licenses. 31 Under existing law, whenever a district attorney or other public agency 32 collecting support for children is required to make such a report to the Department 33 of Motor Vehicles, the district attorney or other public agency must also make such 34 a report the Department of Wildlife. (NRS 425.510) Existing law requires the 35 Department of Wildlife to suspend a license or permit to hunt, fish or trap issued to 36 the person named in the report, unless, within 30 days, the person provides certain 37 proof of compliance with the subpoena or warrant or satisfaction of the arrearage. 38 (NRS 502.115, 503.5835) Because section 1 changes the circumstances under 39 which the district attorney or other public agency collecting support for children 40 may make such a report to the Department of Motor Vehicles, section 4 of this bill 41 makes conforming changes to maintain the existing procedures currently in effect 42 for making such reports to the Department of Wildlife, thereby retaining: (1) the 43 requirement that the district attorney or public agency collecting support for 44 children make reports to the Department of Wildlife; and (2) the criteria under 45 existing law for determining when a person is in arrears in the payment of support 46 for one or more children for those purposes. (NRS 425.510, 425.560) Section 3 of 47 this bill establishes the applicability of definitions. 48 Existing federal law requires each state to develop a program for the purpose of 49 locating absent parents, establishing the paternity of children and establishing and 50 collecting payment obligations for the support of children. Existing federal law 51 makes certain federal funding and payments contingent on the performance of each 52 state in carrying out such a program. (42 U.S.C. §§ 651 et seq.) Existing law 53 provides that the Administrator of the Division of Welfare and Supportive Services 54 of the Department of Health and Human Services is responsible for carrying out 55 and supervising the program of this State for those purposes. (NRS 425.365) 56 Section 2 of this bill requires the Administrator to make every effort to obtain the 57 approval necessary from the United States Department of Health and Human 58 Services to ensure that the program in this State complies with all the requirements 59 for the receipt of such federal funds. 60 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 425 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Each district attorney or other public agency collecting 3 support for children shall send a notice by first-class mail to each 4 person who: 5 – 3 – - *SB390_R1* (a) Has failed to comply with a subpoena or warrant relating 1 to a proceeding to determine the paternity of a child or to establish 2 or enforce an obligation for the support of a child; or 3 (b) Is in arrears in the payment for the support of one or more 4 children. 5  The notice must include the information set forth in subsection 6 2 and a copy of the subpoena or warrant or a statement of the 7 amount of the arrearage. 8 2. If the person does not, within 30 days after the person 9 receives the notice required by subsection 1: 10 (a) Comply with the subpoena or warrant; 11 (b) Satisfy the arrearage pursuant to paragraph (b) of 12 subsection 9; or 13 (c) Submit to the district attorney or other public agency a 14 written request for a hearing, 15  the district attorney or other public agency may report the name 16 of that person to the Department of Motor Vehicles, unless the 17 suspension of the driver’s license and motorcycle driver’s license 18 of the person would be an impediment to his or her present or 19 potential employment. 20 3. Before a hearing requested pursuant to subsection 2 may 21 be held, the person requesting the hearing and a representative of 22 the enforcing authority must meet and make a good faith effort to 23 resolve the matter. 24 4. If a person requests a hearing within the period prescribed 25 in subsection 2 and meets with the enforcing authority as required 26 pursuant to subsection 3, a hearing must be held pursuant to NRS 27 425.3832. The master shall notify the person of the 28 recommendation of the master at the conclusion of the hearing or 29 as soon thereafter as is practicable. If the master determines that 30 the person has failed to comply with a subpoena or warrant 31 relating to a proceeding to determine the paternity of a child or to 32 establish or enforce an obligation for the support of a child, the 33 master shall include in the notice the information set forth in 34 subsection 5. If the master determines that the person is in arrears 35 in the payment for the support of one or more children, the master 36 shall include in the notice the information set forth in 37 subsection 6. 38 5. If the master determines that a person who requested a 39 hearing pursuant to subsection 2 has not complied with a 40 subpoena or warrant relating to a proceeding to determine the 41 paternity of a child or to establish or enforce an obligation for the 42 support of a child and the district court issues an order approving 43 the recommendation of the master, the district attorney or other 44 public agency may report the name of that person to the 45 – 4 – - *SB390_R1* Department of Motor Vehicles, unless the suspension of the 1 driver’s license and motorcycle driver’s license of the person 2 would be an impediment to his or her present or potential 3 employment. 4 6. If the master determines that a person who requested a 5 hearing pursuant to subsection 2 is in arrears in the payment for 6 the support of one or more children, the master shall notify the 7 person that if the person does not immediately agree to enter into a 8 plan for the repayment of the arrearages that is approved by the 9 district attorney or other public agency, the driver’s license and 10 motorcycle driver’s license of the person may be subject to 11 suspension. If the person does not agree to enter into such a plan 12 and the district court issues an order approving the 13 recommendation of the master, the district attorney or other public 14 agency may report the name of that person to the Department of 15 Motor Vehicles, unless the suspension of the driver’s license and 16 motorcycle driver’s license of the person would be an impediment 17 to his or her present or potential employment. 18 7. The district attorney or other public agency shall, within 5 19 days after the person who has failed to comply with a subpoena or 20 warrant or is in arrears in the payment for the support of one or 21 more children complies with the subpoena or warrant or satisfies 22 the arrearage pursuant to paragraph (b) of subsection 9, notify the 23 Department of Motor Vehicles that the person has complied with 24 the subpoena or warrant or has satisfied the arrearage. 25 8. Each district attorney or other public agency collecting 26 support for children shall: 27 (a) Collect and maintain basic demographic data, including, 28 without limitation, data relating to household income, concerning 29 each person to whom the district attorney or other public agency 30 has sent a notice pursuant to subsection 1 and each person whose 31 name is reported to the Department of Motor Vehicles pursuant to 32 subsection 2. 33 (b) On or before January 30 of each year, compile a report 34 summarizing the data collected and maintained by the district 35 attorney or other public agency during the immediately preceding 36 year pursuant to paragraph (a). 37 (c) Transmit the report compiled pursuant to paragraph (b) 38 and the data collected and maintained by the district attorney or 39 other public agency during the immediately preceding year 40 pursuant to paragraph (a) to the Director of the Legislative 41 Counsel Bureau for transmittal to: 42 (1) In odd-numbered years, the next regular session of the 43 Legislature; and 44 – 5 – - *SB390_R1* (2) In even-numbered years, the Joint Interim Standing 1 Committee on Health and Human Services and the Joint Interim 2 Standing Committee on Commerce and Labor. 3 9. For the purposes of this section: 4 (a) A person is in arrears in the payment for the support of one 5 or more children if the person: 6 (1) Is delinquent for not less than 3 months in payments for 7 the support of one or more children or any payments ordered by a 8 court for arrearages in such payments; or 9 (2) The person has failed to provide medical insurance for 10 a child as required by a court order. 11 (b) A person who is in arrears in the payment for the support 12 of one or more children may satisfy the arrearage by: 13 (1) Paying all of the past due payments; 14 (2) If the person is unable to pay all past due payments: 15 (I) Paying the amounts of the overdue payments for the 16 preceding 12 months which a court has determined are in arrears; 17 or 18 (II) Entering into and complying with a plan for the 19 repayment of the arrearages in installments which is approved by 20 the district attorney or other public agency enforcing the order; or 21 (3) If the arrearage is for a failure to provide and maintain 22 medical insurance, providing proof that the child is covered under 23 a policy, contract or plan of medical insurance. 24 (c) A person shall be deemed to have received a notice 3 days 25 after it is mailed, by first-class mail, postage prepaid, to that 26 person at the last known address of the person. 27 Sec. 2. NRS 425.365 is hereby amended to read as follows: 28 425.365 1. The Administrator or the designee of the 29 Administrator is responsible for and shall supervise the Program, 30 subject to administrative supervision by the Director of the 31 Department of Health and Human Services. 32 2. The Administrator may adopt such regulations and take such 33 actions as are necessary to carry out the provisions of this chapter. 34 3. The Administrator shall make every effort to obtain the 35 approval necessary from the United States Department of Health 36 and Human Services to ensure that the Program complies with all 37 requirements for the receipt of federal money under Part D of 38 Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq. 39 Sec. 3. NRS 425.500 is hereby amended to read as follows: 40 425.500 As used in NRS 425.500 to 425.560, inclusive, and 41 section 1 of this act, unless the context otherwise requires, “agency 42 that issues a professional, occupational or recreational license, 43 certificate or permit” means the Department of Wildlife and any 44 officer, agency, board or commission of this State which is 45 – 6 – - *SB390_R1* prohibited by specific statute from issuin [Text truncated for display. Full text available on LegiScan.]