Nevada 2017 Regular Session Status: Enacted

AB 229 — Revises provisions governing domestic relations. (BDR 11-701)

Last action — Approved by the Governor. Chapter 167.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2017. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Advancing 60% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 14 sponsors

    7 primary, 7 co-sponsors signed on.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

2465 added · 2616 removed

2465 line(s) added, 2616 removed.

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(Reprinted with amendments adopted on April 10, 2017) FIRST REPRINT A.B.
Assembly Bill No.
229 A SSEMBLY BILL N O.
229–Assemblymen Spiegel, Araujo, Carrillo;
229–ASSEMBLYMEN SPIEGEL, A RAUJO , ARRILLO ;
Brooks, Cohen, Flores, Frierson, Fumo and Joiner Joint Sponsors:
BROOKS , COHEN , FLORES , FRIERSON , FUMO AND JOINER FEBRUARY 21, 2017 ____________ JINT S PONSORS :
Senators Parks, Manendo, Atkinson, Spearman;
ENATORS PARKS , MANENDO , ATKINSON , PEARMAN ;AND SEGERBLOM ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing domestic relations.
and Segerblom CHAPTER..........
(BDR 11-701) 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.
Under the Nevada Constitution, only marriage between one man and one that one man and one woman may be joined in marriage.
Under the Nevada Constitution, only marriage between one man and one woman is recognized.
(NRS 122.020) On provides June 26, 2015, the Supreme Court of the United States held that under the Fourteenth Amendment of the United States Constitution:
(Nev.
Const.
Art.
1, § 21) Existing law currently provides that one man and one woman may be joined in marriage.
(NRS 122.020) On Fourteenth Amendment of the United States Constitution:
and (3) states may not refuse to recognize a same-sex marriage 135 S.Ct.
and (3) states may not refuse to recognize a same-sex marriage that was lawfully licensed and performed in another state.
2584 (2015) Section 1 of this bill authorizes two persons, regardless of gender, to be joined in marriage.
Obergefell v.
Sections 2-90 of this bill make conforming changes related to same-sex couples and parents.
Hodges, gender, to be joined in marriage.
- *AB229_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 2-90 of this bill make conformingess of changes related to same-sex couples and parents.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(a) Either parent;
- 79th Session (2017) – 2 – (a) Either parent;
M ARRIAGE L ICENSE (EXPIRES 1 YEAR AFTER ISSUANCE ) State of Nevada } }ss.
M ARRIAGE LICENSE (E XPIRES 1 YEAR A FTER ISSUANCE ) State of Nevada } }ss.
[Father’s state] State of - *AB229_R1* – 3 – birth of Parent No.
[Father’s state] State of birth of Parent No.
Number of this marriage (1st, 2nd, etc.) ........
- 79th Session (2017) – 3 – Number of this marriage (1st, 2nd, etc.) ........
Witness my hand and the seal of the county, this .....
of the month of ……….
day of the month of ……….
of the year ............, this .....
of the year ............
day ...........................................
...........................................
The fact that a minister or other church or religious official authorized to solemnize a marriage is retired does not disqualify him or her from obtaining a certificate of permission to perform marriages if, before retirement, the minister or other church or religious official authorized to solemnize a marriage had active charge of a church or religious organization for a period of at least 3 years.
The fact that a minister or other church or religious official authorized to solemnize a marriage is retired does not disqualify him or her from obtaining a certificate of permission to perform marriages if, before retirement, the a marriage had active charge of a church or religious organizationnize for a period of at least 3 years.
- *AB229_R1* – 4 – 2.
2.
The minister or other church or religious official authorized to solemnize a marriage whom he or she temporarily replaces shall provide him or her with a written authorization which states the period during which it is effective, and the temporary replacement shall obtain from the county clerk in the county in which he or she is a temporary replacement a written authorization to solemnize marriage and submit to the county clerk an application fee of $25.
The minister or other church or religious official authorized to solemnize a marriage whom he or she temporarily replaces shall provide him or her with a written authorization which states the period during which it is effective, and the temporary replacement shall obtain from the county clerk in the county in which he or she is a temporary replacement a written authorization - 79th Session (2017) – 4 – to solemnize marriage and submit to the county clerk an application fee of $25.
Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if the chaplain obtains a certificate of permission to perform marriages from the county clerk of the county in which his or her duty station is located.
Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if the from the county clerk of the county in which his or her duty station is located.
The authorization must be in writing and need not be filed with any other public officer.
The authorization must be in writing and need not be filed for each marriage performed.
A separate authorization is required for each marriage performed.
A person may not obtain more thanuired five authorizations to perform a specific marriage pursuant to this section in any calendar year and must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of this chapter governing the conduct of ministers, other church or religious officials authorized to solemnize a marriage or notaries public to the same extent as if he or she had obtained a certificate of permission to perform marriages.
A person may not obtain more than five authorizations to perform a specific marriage pursuant to this section in any calendar year and must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of this chapter governing the conduct of ministers, other - *AB229_R1* – 5 – church or religious officials authorized to solemnize a marriage or notaries public to the same extent as if he or she had obtained a certificate of permission to perform marriages.
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After receipt of the marriage license previously issued to persons wishing to be married as provided in NRS 122.040 and 122.050, it is lawful for any justice of the Supreme Court, any judge of the Court of Appeals, any judge of the district court, any justice of the peace in his or her township if it is not a commissioner township, any justice of the peace in a commissioner township if authorized pursuant to subsection 3, any municipal judge if authorized pursuant to subsection 4, any commissioner of civil marriages within his or her county and within a commissioner township therein, or any deputy commissioner of civil marriages within the county of his or her appointment and within a commissioner township therein, to join together [as husband and wife] in marriage all persons not prohibited by this chapter.
After receipt of the marriage license previously issued to persons wishing to be married as provided in NRS 122.040 and 122.050, it is lawful for any justice of the Supreme Court, any judge of the Court of Appeals, any judge of the district court, any - 79th Session (2017) – 5 – justice of the peace in his or her township if it is not a commissioner township, any justice of the peace in a commissioner township if authorized pursuant to subsection 3, any municipal judge if authorized pursuant to subsection 4, any commissioner of civil township therein, or any deputy commissioner of civil marriages within the county of his or her appointment and within a commissioner township therein, to join together [as husband and wife] in marriage all persons not prohibited by this chapter.
In any calendar year, a municipal judge may perform not more than 20 marriage ceremonies in this State if he or she does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage other than a nonmonetary gift that is of nominal value.
In any calendar year, a municipal judge may perform not more than 20 marriage ceremonies in this State if he or she does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage other than a non5.netAny justice of the peace who performs a marriage ceremony in a commissioner township or any municipal judge who performs a marriage ceremony in this State and who, in violation of this section, accepts any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage is guilty of a misdemeanor.
Sec.
Any justice of the peace who performs a marriage ceremony in a commissioner township or any municipal judge who performs a marriage ceremony in this State and who, in violation of this section, accepts any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage is guilty of a misdemeanor.
- *AB229_R1* – 6 – Sec.
5.
In the solemnization of marriage, no particular form is required except that the parties shall declare, in the presence of the justice, judge, minister or other church or religious official authorized to solemnize a marriage, notary public to whom a certificate of permission to perform marriages has been issued, justice of the peace, commissioner of civil marriages or deputy commissioner of civil marriages, and the attending witness, that they take each other as [husband and wife.] spouses.
In the solemnization of marriage, no particular form is required except that the parties shall declare, in the presence of the justice, judge, minister or other church or religious official authorized to solemnize a marriage, notary public to whom a certificate of permission to perform marriages has been issued, - 79th Session (2017) – 6 – justice of the peace, commissioner of civil marriages or deputy commissioner of civil marriages, and the attending witness, that they take each other as [husband and wife.] spouses.
The certificate of marriage must contain the date of birth of each applicant as contained in the form of marriage license pursuant to NRS 122.050.
The certificate of marriage must contain the date of birth of to NRS 122.050.
If [a male and female person] two persons, regardless of gender, who are [the husband and wife] spouses of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, the certificate of marriage must state that the [male and female person] persons were rejoined in marriage and that the certificate is replacing a record of marriage which was lost or destroyed or is otherwise unobtainable.
If [a male and female person] two persons,e pursuant regardless of gender, who are [the husband and wife] spouses of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, the certificate of marriage must state that the [male and female person] persons were rejoined in marriage and that the certificate is replacing a record of marriage which was lost or destroyed or is otherwise unobtainable.
STATE OF N EVADA M ARRIAGE C ERTIFICATE State of Nevada } }ss.
S TATE OF NEVADA M ARRIAGE C ERTIFICATE State of Nevada } }ss.
(name), of ................(city), State of ................, date of birth ................, with their mutual consent, in the presence - *AB229_R1* – 7 – of ................
(name), of ................(city), State of ................, date of birth ................, with their mutual consent, in the presence of ................
(If [a male and female person] two persons, regardless of gender, who are the [husband and wife] spouses of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, this certificate replaces the record of the marriage of the [male and female person] persons who are being rejoined in marriage.) 9 ........................................................
(If [a male and female person] two persons, regardless of gender, who are the [husband and wife] spouses of each other are being rejoined in marriage pursuant to subsection 2 of - 79th Session (2017) – 7 – NRS 122.020, this certificate replaces the record of the being rejoined in marriage.)male person] persons who are ........................................................
It is unlawful for any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages to join together as [husband and wife] spouses persons allowed by law to be joined in marriage, until the persons proposing such marriage exhibit to him or her a license from the county clerk as provided by law.
It is unlawful for any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages to join together as [husband and wife] spouses persons allowed by law to be joined in marriage, until the persons proposing such marriage exhibit to him or her a license from the county clerk as provided by law2.
2.
Any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy - 79th Session (2017) – 8 – commissioner of civil marriages who violates the provisions of subsection 1 is guilty of a misdemeanor.
Any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize - *AB229_R1* – 8 – a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages who violates the provisions of subsection 1 is guilty of a misdemeanor.
The property rights of [husband and wife] a married couple are governed by this chapter, unless there is:
The property rights of [husband and wife] a mar(a) A premarital agreement which is enforceable pursuant to chapter 123A of NRS;
(a) A premarital agreement which is enforceable pursuant to chapter 123A of NRS;
123.070 Either [husband or wife] spouse may enter into any contract, engagement or transaction with the other [,] spouse, or with any other person respecting property, which either might enter into if unmarried, subject in any contract, engagement or transaction between themselves, to the general rules which control the actions of persons occupying relations of confidence and trust toward each other.
123.070 Either [husband or wife] spouse may enter into any contract, engagement or transaction with the other [,] spouse, or into if unmarried, subject in any contract, engagement or transaction between themselves, to the general rules which control the actions of persons occupying relations of confidence and trust toward each other.
In the event that a suit for divorce is pending or immediately contemplated by one of the spouses against the other, the validity of such agreement shall not be affected by a provision therein that the - *AB229_R1* – 9 – agreement is made for the purpose of removing the subject matter thereof from the field of litigation, and that in the event of a divorce being granted to either party, the agreement shall become effective and not otherwise.
In the event that a suit for divorce is pending or immediately contemplated by one of the spouses against the other, the validity of - 79th Session (2017) – 9 – such agreement shall not be affected by a provision therein that the agreement is made for the purpose of removing the subject matter thereof from the field of litigation, and that in the event of a divorce being granted to either party, the agreement shall become effective and4.ot If a contract executed by a [husband and wife,] married couple, or a copy thereof, be introduced in evidence as an exhibit in any divorce action, and the court shall by decree or judgment ratify or adopt or approve the contract by reference thereto, the decree or judgment shall have the same force and effect and legal consequences as though the contract were copied into the decree, or attached thereto.
4.
If a contract executed by a [husband and wife,] married couple, or a copy thereof, be introduced in evidence as an exhibit in any divorce action, and the court shall by decree or judgment ratify or adopt or approve the contract by reference thereto, the decree or judgment shall have the same force and effect and legal consequences as though the contract were copied into the decree, or attached thereto.
123.110 [The wife] A spouse must support [the husband] his or her spouse out of his or her separate property when [he] the spouse has no separate property and they have no community property and [he,] the spouse, from infirmity, is not able or competent to support himself [.] or herself.
123.110 [The wife] A spouse must support [the husband] his spouse has no separate property and they have no community] the property and [he,] the spouse, from infirmity, is not able or competent to support himself [.] or herself.
2.
- 79th Session (2017) – 10 – 2.
Damages to separate property shall be awarded to the spouse owning such - *AB229_R1* – 10 – property, and damages to community property shall be awarded to the spouses as community property.
Damages to separate property shall be awarded to the spouse owning such property, and damages to community property shall be awarded to theSec.
Sec.
NRS 123.130 is hereby amended to read as follows:
asNRS 123.130 is hereby amended to read as follows:
When a [husband and wife are] married couple is living separate and apart the earnings and accumulations of earnings of their minor children, unless relinquished, are the separate property of the spouse who has their custody or, if no custody award has been made, then the separate property of the spouse with whom such children are living.
When a [husband and wife are] married couple is living separate and apart the earnings and accumulations of earnings of their minor children, unless relinquished, are the separate property made, then the separate property of the spouse with whom suchas been children are living.
When the wife has given written authority to the husband to appropriate to his own use his earnings, the same, with the issues and profits thereof, is deemed a gift from her to him, and is, with such issues and profits, his separate property.] Sec.
When the wife has given written authority to the husband to appropriate to his own use his earnings, the same, with the issues and profits thereof, is deemed a gift from her to him, and is, with such issues and profits, his separate property.] - 79th Session (2017) – 11 – Sec.
1.
2.
An agreement in writing between the spouses.
- *AB229_R1* – 11 – 2.
and (2) Is the only portion subject to administration under the provisions of title 12 of NRS.
and provisions of title 12 of NRS.
2.
subject to administration under the 2.
Sec.
- 79th Session (2017) – 12 – Sec.
Except as otherwise provided in subsection 2, a court of competent jurisdiction may, upon a proper petition filed by a spouse or the guardian of a spouse, enter a decree dividing the income and resources of a [husband and wife] married couple pursuant to this section if one spouse is an institutionalized spouse and the other spouse is a community spouse.
Except as otherwise provided in subsection 2, a court of competent jurisdiction may, upon a proper petition filed by a spouse or the guardian of a spouse, enter a decree dividing the pursuant to this section if one spouse is an institutionalized spouse and the other spouse is a community spouse.
- *AB229_R1* – 12 – 2.
2.
If either spouse establishes that a transfer of resources to the community spouse pursuant to paragraph (b) of subsection 3, in relation to the amount of income generated by such a transfer, is inadequate to raise the income of the community spouse to the amount allowed under paragraph (b) of subsection 3 or an order for support issued pursuant to subsection 4, the court may substitute an amount of resources adequate to provide income to fund the amount so allowed or to fund the order for support.
If either spouse establishes that a transfer of resources to the relation to the amount of income generated by such a transfer, is inadequate to raise the income of the community spouse to the amount allowed under paragraph (b) of subsection 3 or an order for support issued pursuant to subsection 4, the court may substitute an amount of resources adequate to provide income to fund the amount so allowed or to fund the order for support.
The Administrator may intervene no later than 45 days after receipt by the Division of Welfare and Supportive Services of the Department of Health and Human Services of an application for medical assistance and a copy of the petition and any order entered pursuant to subsection 4 or 5, and may move to modify the order.
The Administrator may intervene no later than 45 days after receipt by the Division of Welfare and Supportive Services of the Department of Health and Human Services of an - 79th Session (2017) – 13 – application for medical assistance and a copy of the petition and any order entered pursuant to subsection 4 or 5, and may move to modify the order.
A person may enter into a written agreement with his or her spouse dividing their community income, assets and obligations into equal shares of separate income, assets and obligations of the spouses.
A person may enter into a written agreement with his or her equal shares of separate income, assets and obligations of the into spouses.
Such an agreement is effective only if one spouse is an institutionalized spouse and the other spouse is a community spouse - *AB229_R1* – 13 – or a division of the income or resources would allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive.
Such an agreement is effective only if one spouse is an institutionalized spouse and the other spouse is a community spouse or a division of the income or resources would allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive.
Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action to give bond therefor in an amount to be fixed by the court.
Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action to give bond therefor in an amount to be fixed by the cou2..
2.
A court that grants a decree of divorce pursuant to the provisions of this section shall ensure that the social security numbers of both parties are placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.
A court that grants a decree of divorce pursuant to the provisions of this section shall ensure that the social security - 79th Session (2017) – 14 – numbers of both parties are placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.
In all suits for divorce, if a divorce is granted, the court may, for just and reasonable cause and by an appropriate order embodied in its decree, change the name of [the wife] either party to any former name which he or she has legally borne.
In all suits for divorce, if a divorce is granted, the court may, in its decree, change the name of [the wife] either party to anyed former name which he or she has legally borne.
125.150 Except as otherwise provided in NRS 125.155 and 125.165, and unless the action is contrary to a premarital agreement - *AB229_R1* – 14 – between the parties which is enforceable pursuant to chapter 123A of NRS:
125.150 Except as otherwise provided in NRS 125.155 and 125.165, and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:
If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution.
If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy.
The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy.
¬ As used in this subsection, “contribution” includes, without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property.
- 79th Session (2017) – 15 – ¬ As used in this subsection, “contribution” includes, without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property.
The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.
The the purchase or improvement of property, or a payment made forfinance maintenance, insurance or taxes on property.
A motion pursuant to this subsection must be filed within 3 years after the discovery by the - *AB229_R1* – 15 – aggrieved party of the facts constituting the fraud or mistake.
A motion pursuant to this subsection must be filed within 3 years after the discovery by the aggrieved party of the facts constituting the fraud or mistake.
¬ If a motion pursuant to this subsection results in a judgment dividing a defined benefit pension plan, the judgment may not be enforced against an installment payment made by the plan more than 6 years after the installment payment.
¬ If a motion pursuant to this subsection results in a judgment dividing a defined benefit pension plan, the judgment may not be enforced against an installment payment made by the plan more tha4.6 yExcept as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce.
4.
Except as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce.
7.
- 79th Session (2017) – 16 – 7.
If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.
If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and thereafter be modified by the court upon written stipulation signedme and acknowledged by the parties to the action, and in accordance with the terms thereof.
Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, - *AB229_R1* – 16 – whether or not the court has expressly retained jurisdiction for the modification.
Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification.
(b) The nature and value of the respective property of each spouse;
(b) The nature and value of the respective property of each spo(c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;
(c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;
and (k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.
and - 79th Session (2017) – 17 – (k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.
In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession.
In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or other factors the court considers relevant in determining whether any such alimony should be granted, the court shall consider:
In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must - *AB229_R1* – 17 – commence the training or education relating to a job, career or profession.
(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
(3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(3) Guidance for the recipient in establishing a specific plan for tra(4) Subsidization of an employer’s costs incurred in training the recipient;
(4) Subsidization of an employer’s costs incurred in training the recipient;
As used in this subsection, “gross monthly income” has the meaning ascribed to it in NRS 125B.070.
As - 79th Session (2017) – 18 – used in this subsection, “gross monthly income” has the meaning ascribed to it in NRS 125B.070.
125.181 A marriage may be dissolved by the summary procedure for divorce set forth in NRS 125.181 to 125.184, inclusive, when all of the following conditions exist at the time the proceeding is commenced:
125.181 A marriage may be dissolved by the summary inclusive, when all of the following conditions exist at the time the proceeding is commenced:
There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, - *AB229_R1* – 18 – and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement.
There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement.
Sec.
125.182.
29.
1.
NRS 125.182 is hereby amended to read as follows:
A summary proceeding for divorce may befollows:
125.182 1.
commenced by filing in any district court a joint petition, signed under oath by both [the husband and the wife,] spouses, stating that as of the date of filing, every condition set forth in NRS 125.181 has been met and specifying the:
A summary proceeding for divorce may be commenced by filing in any district court a joint petition, signed under oath by both [the husband and the wife,] spouses, stating that as of the date of filing, every condition set forth in NRS 125.181 has been met and specifying the:
(c) Whether there are minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage, or [the] a wife, to her knowledge, is pregnant.
- 79th Session (2017) – 19 – (c) Whether there are minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage, or [the] a wife, to her knowledge, is pregnant.
(d) Whether [the wife] either spouse elects to have his or her [maiden or] former name restored and, if so, the name to be restored.
(d) Whether [the wife] either spouse elects to have his or her restored.r] former name restored and, if so, the name to be 3.
3.
- *AB229_R1* – 19 – 2.
2.
or (b) Order or decree the payment of a fixed sum of money for the support of the other spouse, ¬ if it is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.
or (b) Order or decree the payment of a fixed sum of money for the support of the other spouse, which is enforceable pursuant to chapter 123A of NRS.
3.
the spouses 3.
5.
- 79th Session (2017) – 20 – 5.
1.
2.
Consanguinity between the parties;
or 2.
- *AB229_R1* – 20 – Sec.
Sec.
When either of the parties to a marriage for want of understanding shall be incapable of assenting thereto, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.
When either of the parties to a marriage for want of understanding shall be incapable of assenting thereto, the marriage shall be void from the time its nullity shall be declared by a c2.rt The marriage of any insane person shall not be adjudged void, after his or her restoration to reason, if it shall appear that the parties freely cohabited together as [husband and wife] a married couple after such insane person was restored to a sound mind.
2.
The marriage of any insane person shall not be adjudged void, after his or her restoration to reason, if it shall appear that the parties freely cohabited together as [husband and wife] a married couple after such insane person was restored to a sound mind.
Unless the court issues a temporary emergency order pursuant to NRS 125A.335, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
Unless the court issues a temporary emergency order pursuant to NRS 125A.335, upon a finding that a petitioner is - 79th Session (2017) – 21 – entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(a) The child custody determination has not been registered and confirmed pursuant to NRS 125A.465 and that:
(a) The child custody determination has not been registered and confirm(1) The issuing court did not have jurisdiction pursuant to NRS 125A.305 to 125A.395, inclusive;
(1) The issuing court did not have jurisdiction pursuant to NRS 125A.305 to 125A.395, inclusive;
- *AB229_R1* – 21 – 3.
3.
4.
spouses and a defense of immunity based on the relationship ofen [husband and wife] a married couple or parent and child may not be invoked in a proceeding conducted pursuant to NRS 125A.405 to 125A.585, inclusive.
A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of [husband and wife] a married couple or parent and child may not be invoked in a proceeding conducted pursuant to NRS 125A.405 to 125A.585, inclusive.
(a) [The father or mother] Either parent of the minor person, if residing within this State, and if his or her place of residence is known to the petitioner, or, if there is no parent so residing, or if the place of residence of [the father or mother] either parent is not known to the petitioner, then the nearest known relative of that person, if there is any residing within the State, and if his or her residence and relationship are known to the petitioner;
- 79th Session (2017) – 22 – (a) [The father or mother] Either parent of the minor person, if residing within this State, and if his or her place of residence is known to the petitioner, or, if there is no parent so residing, or if the place of residence of [the father or mother] either parent is not person, if there is any residing within the State, and if his or her residence and relationship are known to the petitioner;
When [the father or mother] either parent of a minor child or the child’s legal custodian or guardian resides out of the State, has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself or herself to avoid the service of the notice of hearing, and the fact appears, by affidavit, to the satisfaction of the court thereof, and it appears, either by affidavit or by a verified petition on file, that the named [father or mother] parent or custodian or guardian is a necessary or proper party to the proceedings, the court may grant an order that the - *AB229_R1* – 22 – service be made by the publication of the notice of hearing.
When [the father or mother] either parent of a minor child or the child’s legal custodian or guardian resides out of the State, has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself or herself to avoid the service of the notice of hearing, and the fact appears, by affidavit, to the satisfaction of the court thereof, and it appears, either by affidavit or by a verified petition on file, that the named [father or mother] parent or custodian or guardian is a necessary or proper party to the proceedings, the court may grant an order that the service be made by the publication of the notice of hearing.
When the affidavit is based on the fact that the [father or mother] parent or custodian or guardian resides out of the State, and his or her present address is unknown, it is a sufficient showing of that fact if the affiant states generally in the affidavit that:
When custodian or guardian resides out of the State, and his or her presentor address is unknown, it is a sufficient showing of that fact if the affiant states generally in the affidavit that:
¬ In such case, it shall be presumed that the person still resides and remains out of the State, and the affidavit shall be deemed to be a sufficient showing of due diligence to find [the father or mother] either parent or the custodian or guardian.
- 79th Session (2017) – 23 – ¬ In such case, it shall be presumed that the person still resides and remains out of the State, and the affidavit shall be deemed to be a sufficient showing of due diligence to find [the father or mother] either parent or the custodian or guardian.
2.
newspaper, to be designated by the court, for a period of 4 weeks, and at least once a week during that time.
The order must direct the publication to be made in a newspaper, to be designated by the court, for a period of 4 weeks, and at least once a week during that time.
When the facts appear, by affidavit, to the satisfaction of the court, and it appears, either by affidavit or by a verified petition on file, that the person in respect to whom the service is to be made is a necessary or proper party to the proceedings, the court may grant an order that the service be made by personal service outside the State.
When the facts appear, by affidavit, to the satisfaction of the court, and it appears, either by affidavit or by a verified petition on file, that the person in respect to whom the service is to be made is a necessary or proper party to the proceedings, the court may grant an order that the service be made delivering a copy of the notice of hearing together with a copy of the petition in person to the person served.
The service must be made by - *AB229_R1* – 23 – delivering a copy of the notice of hearing together with a copy of the petition in person to the person served.
If one or both of the parents of the minor is unknown, or if the name of either or both of the parents of the minor is uncertain, then those facts must be set forth in the affidavit and the court shall order the notice to be directed and addressed to either [the father or the mother] parent of the person, and to all persons claiming to be the [father or mother] parent of the person.
If one or both of the parents of the minor is unknown, or if the name of either or both of the parents of the minor is uncertain, then those facts must be set forth in the affidavit and the court shall order the notice to be directed and addressed to either [the father or - 79th Session (2017) – 24 – the mother] parent of the person, and to all persons claiming to be caption, must be addressed substantially as follows:
The notice, after the caption, must be addressed substantially as follows:
2 of the above-named person;
2 of the the above-named person, and to all persons claiming to bes of [the father or mother] either parent of this person;
or, to the [father and mother] parents of the above-named person, and to all persons claiming to be [the father or mother] either parent of this person;
of - *AB229_R1* – 24 – the year .......
of the year .......
5 Dated ........
Dated ........
(year) 7 ........................................
(year) ......Clerk of Court....................
Clerk of Court (SEAL) By...................................
(SEAL) By...................................
Deputy Sec.
Deputy - 79th Session (2017) – 25 – Sec.
After a petition has been filed, unless the person to be served voluntarily appears and consents to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition, stating the time and date set for the hearing of the petition, and requiring the person served with the notice to appear before the court at the hearing if the person desires to oppose the petition.
After a petition has been filed, unless the person to be served voluntarily appears and consents to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the of the petition, and requiring the person served with the notice toaring appear before the court at the hearing if the person desires to oppose the petition.
2 of the above-named minor;
of the above-named minor;
You are hereby notified that there has been filed in the above-entitled court a petition praying for the emancipation of the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at .....................in...the..County of ................................, on the ..........
You are hereby notified that there has been filed in the above-entitled court a petition praying for the emancipation been set for hearing before this court, at the courtroomas thereof, at ........................in...the, County of ................................, on the ..........
o’clock ...m., at which time - *AB229_R1* – 25 – and place you are required to be present if you desire to oppose the petition.
o’clock ...m., at which time and place you are required to be present if you desire to oppose the petition.
4 Dated .............
Dated .............
(day) …… (year) 6 ........................................
(day) …… (year) ........................................
Deputy Sec.
Deputy - 79th Session (2017) – 26 – Sec.
The physical presence of a nonresident party who is a natural person in a tribunal of this State is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage of a child.
The physical presence of a nonresident party who is a natural person in a tribunal of this State is not required for the establishment, enforcement or modification of a support order or the ren2.tioAn affidavit, a document substantially complying with federally mandated forms or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule in NRS 51.065 if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this State.
2.
An affidavit, a document substantially complying with federally mandated forms or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule in NRS 51.065 if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this State.
In a proceeding under this chapter, a tribunal of this State shall permit a party or witness residing outside this State to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location.
In a proceeding under this chapter, a tribunal of this State shall permit a party or witness residing outside this State to be deposed or to testify under penalty of perjury by telephone, or other location.
In a civil proceeding under this chapter, if a party called to testify refuses to answer a question on the ground that the testimony - *AB229_R1* – 26 – may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
In a civil proceeding under this chapter, if a party called to testify refuses to answer a question on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
10.
- 79th Session (2017) – 27 – 10.
12.020 A [husband and wife] married couple may sue jointly on all causes of action belonging to either or both of them, except:
12.020 A [husband and wife] married couple may sue jointly on 1.l cWhen the action is for personal injuries, the spouse having:
1.
sustained personal injuries is a necessary party;
When the action is for personal injuries, the spouse having sustained personal injuries is a necessary party;
A guardian may maintain an action for the injury of his or her unemancipated ward, if the injury is caused by the wrongful act or neglect of another, the action by the guardian to be prosecuted for the benefit of the ward.
A guardian may maintain an action for the injury of his or her unemancipated ward, if the injury is caused by the wrongful act or neglect of another, the action by the guardian to be prosecuted for the person causing the injury, or, if the person is employed bynst another person who is responsible for his or her conduct, also against that other person.
Any such action may be maintained against the person causing the injury, or, if the person is employed by another person who is responsible for his or her conduct, also against that other person.
If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is - *AB229_R1* – 27 – living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim.
If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim.
Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court.
Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district - 79th Session (2017) – 28 – court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court.
(b) The facts which bring the minor within the purview of this section, including:
section, including:ich bring the minor within the purview of this (1) The circumstances which make it a disputed claim for money;
(1) The circumstances which make it a disputed claim for money;
and (3) Other expenses, ¬ and whether these fees and expenses are to be deducted before or after the calculation of any contingency fee;
and (3) Other expenses, ¬ and whether these fees and expenses are to be deducted before or aft(g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor;
(g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor;
and - *AB229_R1* – 28 – (b) The amount of medical expenses incurred to date, the nature and amount of medical expenses which have been paid and by whom, any amount owing for medical expenses and an estimate of the amount of medical expenses which may be incurred in the future.
and (b) The amount of medical expenses incurred to date, the nature and amount of medical expenses which have been paid and by whom, any amount owing for medical expenses and an estimate of - 79th Session (2017) – 29 – the amount of medical expenses which may be incurred in the future.
If the court approves the compromise of the claim of the minor, the court must direct the money to be paid to [the father, mother] a parent or guardian of the minor, with or without the filing of any bond, or it must require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem, with or without a bond, as the court, in its discretion, deems to be in the best interests of the minor.
If the court approves the compromise of the claim of the minor, the court must direct the money to be paid to [the father, of any bond, or it must require a general guardian or guardian adling litem to be appointed and the money to be paid to the guardian or guardian ad litem, with or without a bond, as the court, in its discretion, deems to be in the best interests of the minor.
The beneficiary of a block financial investment may obtain control of or money from the investment:
The beneficiary of a block financial investment may obtain con(a) By an order of the court which held the compromise hearing;
(a) By an order of the court which held the compromise hearing;
As used in this section, the term “blocked financial investment” means a savings account established in a depository institution in this state, a certificate of deposit, a United States - *AB229_R1* – 29 – savings bond, a fixed or variable annuity contract, or another reliable investment that is approved by the court.
As used in this section, the term “blocked financial investment” means a savings account established in a depository institution in this state, a certificate of deposit, a United States - 79th Session (2017) – 30 – savings bond, a fixed or variable annuity contract, or another reliable investment that is approved by the court.
41.440 Any liability imposed upon a [wife, husband,] spouse, son, daughter, [father, mother,] parent, brother, sister or other immediate member of a family arising out of his or her driving and operating a motor vehicle with the permission, express or implied, of such owner is hereby imposed upon the owner of the motor vehicle, and such owner shall be jointly and severally liable with his or her [wife, husband,] spouse, son, daughter, [father, mother,] parent, brother, sister or other immediate member of a family for any damages proximately resulting from such negligence or willful misconduct, and such negligent or willful misconduct shall be imputed to the owner of the motor vehicle for all purposes of civil damages.
41.440 Any liability imposed upon a [wife, husband,] spouse, immediate member of a family arising out of his or her driving and operating a motor vehicle with the permission, express or implied, of such owner is hereby imposed upon the owner of the motor vehicle, and such owner shall be jointly and severally liable with his or her [wife, husband,] spouse, son, daughter, [father, mother,] parent, brother, sister or other immediate member of a family for any damages proximately resulting from such negligence or willful misconduct, and such negligent or willful misconduct shall be imputed to the owner of the motor vehicle for all purposes of civil damages.
Except as otherwise provided in subsections 2 and 3 and NRS 49.305:
Except as otherwise provided in subsections 2 and and NRS 49.305:
(a) Civil proceeding brought by or on behalf of one spouse against the other spouse;
(a) Civil proceeding brought by or on behalf of one spouse aga(b) Proceeding to commit or otherwise place a spouse, the property of the spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
(b) Proceeding to commit or otherwise place a spouse, the property of the spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
(3) A crime related to abandonment of a child or nonsupport of the other spouse or child.
- 79th Session (2017) – 31 – (3) A crime related to abandonment of a child or nonsupport of the other spouse or child.
- *AB229_R1* – 30 – 3.
3.
The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the [husband and wife] spouses were married.
The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the [husband and wifSec.
Sec.
48.es NRS 49.305 is hereby amended to read as follows:
48.
NRS 49.305 is hereby amended to read as follows:
A right of survivorship does not arise when an estate in community property is created in a [husband and wife,] married couple, as such, unless the instrument creating the estate expressly declares that the [husband and wife] married couple take the property as community property with a right of survivorship.
A right of survivorship does not arise when an estate in couple, as such, unless the instrument creating the estate expressly declares that the [husband and wife] married couple take the property as community property with a right of survivorship.
Joint tenancy in real property may be created by a single will or transfer when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself or herself and others, or from tenants in common to themselves, or to themselves and others, or to one of them and others, or from a [husband and wife] married couple when holding title as community property or otherwise to themselves, or to themselves and others, or to one of them and others, when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants.
Joint tenancy in real property may be created by a single will or transfer when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself or herself and others, or from tenants in common to themselves, or to themselves and others, or to one of them and others, or from a [husband and wife] married couple when holding title as community property or otherwise to themselves, or to themselves - 79th Session (2017) – 32 – and others, or to one of them and others, when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants.
- *AB229_R1* – 31 – 2.
2.
A joint tenancy in personal property may be created by a written transfer, agreement or instrument.
A joint tenancy in personal property may be created by a wriSec.
Sec.
52.nsfNRS 111.673 is hereby amended to read as follows:
52.
NRS 111.673 is hereby amended to read as follows:
(1) Disposition or appointment of property made by a divorced person to his or her former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced person’s former spouse;
(1) Disposition or appointment of property made by a divorced person to his or her former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced person’s former spouse(2) Provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced person’s former spouse or on a relative of the divorced person’s former spouse;
(2) Provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced person’s former spouse or on a relative of the divorced person’s former spouse;
and (b) Severs the interest of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship or as community property with a right of survivorship and transforms the interests of the former spouses into equal tenancies in common.
and (b) Severs the interest of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship or as community property with a right of - 79th Session (2017) – 33 – survivorship and transforms the interests of the former spouses into equal tenancies in common.
A severance under paragraph (b) of subsection 1 does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the - *AB229_R1* – 32 – severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property which records are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.
A severance under paragraph (b) of subsection 1 does not affect any third-party interest in property acquired for value and in survivor of the former spouses unless a writing declaring thehe severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property which records are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.
Unless a court in an action commenced pursuant to chapter 125 of NRS specifically orders otherwise, a restraining order entered pursuant to NRS 125.050 does not preclude a party to such an action from making or changing beneficiary designations that specify who will receive the party’s assets upon the party’s death.
Unless a court in an action commenced pursuant to chapter of NRS specifically orders otherwise, a restraining order entered pursuant to NRS 125.050 does not preclude a party to such an action from making or changing beneficiary designations that specify who will receive the party’s assets upon the party’s death.
A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by the provisions of this section or for having taken any other action in good faith reliance on the validity of the governing instrument before the payor or other third party received written or actual notice of any event affecting a beneficiary designation.
A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by the provisions of this section or for having taken any other action in before the payor or other third party received written or actual notice of any event affecting a beneficiary designation.
Upon receipt of written notice of the divorce, annulment or remarriage, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent’s estate or, if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents’ estates located in the county of the decedent’s residence.
Upon receipt of written notice of the divorce, annulment or remarriage, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate - 79th Session (2017) – 34 – proceedings relating to the decedent’s estate or, if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents’ estates located in the county of the decedent’s residence.
The court shall hold the funds or item of property and, upon its determination under this section, shall order disbursement or transfer in accordance with the determination.
The court shall hold the funds or order disbursement or transfer in accordance with the determination.ll Payments, transfers or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.
Payments, transfers or deposits made to or with the court discharge the payor or other third party from all claims for the value of - *AB229_R1* – 33 – amounts paid to or items of property transferred to or deposited with the court.
If this section or any part of this section is preempted by federal law with respect to a payment, an item of property or any other benefit covered by this section, a former spouse, relative of the former spouse or any other person who, not for value, received a payment, item of property or any other benefit to which that person is not entitled under this section is obligated to return that payment, item of property or benefit or is personally liable for the amount of the payment or the value of the item of property or benefit to the person who would have been entitled to it were this section or part of this section not preempted.
If this section or any part of this section is preempted by federal law with respect to a payment, an item of property or any other benefit covered by this section, a former spouse, relative of the payment, item of property or any other benefit to which that person is not entitled under this section is obligated to return that payment, item of property or benefit or is personally liable for the amount of the payment or the value of the item of property or benefit to the person who would have been entitled to it were this section or part of this section not preempted.
(b) “Divorce or annulment” means any divorce or annulment or any dissolution or declaration of invalidity of a marriage.
- 79th Session (2017) – 35 – (b) “Divorce or annulment” means any divorce or annulment or any dissolution or declaration of invalidity of a marriage.
(c) “Divorced person” includes a person whose marriage has been annulled.
been annulled.ed person” includes a person whose marriage has (d) “Governing instrument” means a governing instrument executed by a divorced person before the divorce or annulment of the person’s marriage to the person’s former spouse.
(d) “Governing instrument” means a governing instrument executed by a divorced person before the divorce or annulment of the person’s marriage to the person’s former spouse.
(e) “Relative of the divorced person’s former spouse” means a person who is related to the divorced person’s former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced person by blood, adoption or affinity.
- *AB229_R1* – 34 – (e) “Relative of the divorced person’s former spouse” means a person who is related to the divorced person’s former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced person by blood, adoption or affinity.
“Equity” means the amount that is determined by subtracting from the fair market value of the property the value of any liens excepted from the homestead exemption pursuant to subsection 3 of NRS 115.010 or NRS 115.090.
“Equity” means the amount that is determined by subtracting from the fair market value of the property the value of any liens NRS 115.010 or NRS 115.090.
2.
exemption pursuant to subsection 3 of 2.
Sec.
- 79th Session (2017) – 36 – Sec.
The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 and except as otherwise required by federal law.
The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 and except as oth2.wisThe exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $550,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.
2.
The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $550,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.
Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the - *AB229_R1* – 35 – payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:
Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:
If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:
If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce property, and for improvements made thereon, including anythe mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:
6.
- 79th Session (2017) – 37 – 6.
Any declaration of homestead which has been filed before July 1, 2007, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 2007.
Any declaration of homestead which has been filed before July 1, 2007, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 2007.
- *AB229_R1* – 36 – 2.
2.
The declaration must be signed by the person or persons making it and acknowledged and recorded as conveyances affecting real property are required to be acknowledged and recorded.
The declaration must be signed by the person or persons making it and acknowledged and recorded as conveyances affecting property declared upon as a homestead is the separate property ofe either spouse, both must join in the execution and acknowledgment of the declaration.
If the property declared upon as a homestead is the separate property of either spouse, both must join in the execution and acknowledgment of the declaration.
(a) Except for the fee which may be charged by the county recorder for recording a declaration of homestead, a declaration of homestead may be recorded in the county in which the property is located without the payment of a fee;
(a) Except for the fee which may be charged by the county recorder for recording a declaration of homestead, a declaration of - 79th Session (2017) – 38 – homestead may be recorded in the county in which the property is located without the payment of a fee;
¬ The notice must clearly indicate the amount of the fee which may be charged by the county recorder for recording a declaration of homestead.
be charged by the county recorder for recording a declaration ofay homestead.
- *AB229_R1* – 37 – Sec.
Sec.
The homestead property shall not be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both [husband and wife,] spouses, or the single person claiming the homestead, and recorded in the same office and in the same manner as the declaration of claim to the homestead is required to be recorded.
The homestead property shall not be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both [husband and wife,] spouses, or the single person claiming the homestead, and recorded in the same office and in the same manner as the declaration of claim to the homestead is req3.redIf either spouse is not a resident of this State, the signature of the spouse and the acknowledgment thereof is not necessary to the validity of any mortgage or alienation of the homestead before it becomes the homestead of the debtor.
3.
If either spouse is not a resident of this State, the signature of the spouse and the acknowledgment thereof is not necessary to the validity of any mortgage or alienation of the homestead before it becomes the homestead of the debtor.
Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes an oath before the judge of the district court of the county in which the property is situated that the amount of equity held by the claimant in the property exceeds, to the best of the creditor’s information and belief, the sum of $550,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property and, if the amount of equity exceeds the sum of $550,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.
Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes an oath before the judge of the district court of the county in which the property is situated that the amount of equity held by the claimant in the property exceeds, to the best of the creditor’s information and belief, the sum of $550,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the - 79th Session (2017) – 39 – property and, if the amount of equity exceeds the sum of $550,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.
2.
that the property can be thus divided, the judge shall order thehe judge excess to be sold under execution.
If it appears, upon the report, to the satisfaction of the judge that the property can be thus divided, the judge shall order the excess to be sold under execution.
When the execution is against a [husband or wife,] spouse, the judge may direct the $550,000 to be deposited in court, to be paid out only upon the joint receipt of [the husband and wife,] both spouses, and the deposit possesses all the protection against legal - *AB229_R1* – 38 – process and voluntary disposition by either spouse as did the original homestead.
When the execution is against a [husband or wife,] spouse, the judge may direct the $550,000 to be deposited in court, to be paid out only upon the joint receipt of [the husband and wife,] both spouses, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead.
(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against the spouses, or either of them, until the death of the survivor and thereafter as to any debt or liability existing against the survivor at the time of the survivor’s death.
without further filing, as to any debt or liability existing against the spouses, or either of them, until the death of the survivor and thereafter as to any debt or liability existing against the survivor at the time of the survivor’s death.
(b) If it was the separate property of the decedent, the exemption of the homestead from execution continues as to any debt or liability existing against the spouses, or either of them, at the time of death of the decedent but ceases as to any subsequent debt or liability of the survivor.
- 79th Session (2017) – 40 – (b) If it was the separate property of the decedent, the exemption of the homestead from execution continues as to any debt or liability existing against the spouses, or either of them, at the time of death of the decedent but ceases as to any subsequent debt or liability of the(c) The property belongs to the person, or his or her heirs, to whom it belonged when filed upon as a homestead.
(c) The property belongs to the person, or his or her heirs, to whom it belonged when filed upon as a homestead.
- *AB229_R1* – 39 – 4.
4.
134.050 1.
one-half to the surviving spouse, one-fourth to [the father] ones parent of the decedent and one-fourth to the [mother] other parent of the decedent, if both are living.
If the decedent leaves no issue, the estate goes one-half to the surviving spouse, one-fourth to [the father] one parent of the decedent and one-fourth to the [mother] other parent of the decedent, if both are living.
4.
- 79th Session (2017) – 41 – 4.
134.060 If there is no issue, surviving spouse [,] or [father or mother,] parent, then the estate goes in equal shares to the brothers and sisters of the decedent and to the lawful issue of any deceased brother or sister by right of representation as follows:
mother,] parent, then the estate goes in equal shares to the brothersr and sisters of the decedent and to the lawful issue of any deceased brother or sister by right of representation as follows:
- *AB229_R1* – 40 – Sec.
Sec.
(c) [The father or the mother.] A parent.
(d) The brother or the sister.] A parent.
(d) The brother or the sister.
(I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State;
- 79th Session (2017) – 42 – (I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State;
or (II) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment;
or (II) Is named as personal representative in the will if the its discretion believes it would be appropriate to make such ancourt in appointment;
If any heir who is otherwise entitled to appointment is a minor or an incompetent person for whom a guardian has been - *AB229_R1* – 41 – appointed, the court may appoint the guardian of the minor or incompetent person as administrator.
If any heir who is otherwise entitled to appointment is a minor or an incompetent person for whom a guardian has been appointed, the court may appoint the guardian of the minor or incompetent person as administrator.
139.140 When letters of administration have been granted to any person other than the surviving spouse or the spouse’s nominee, or the child, [father, mother,] parent, brother or sister of the decedent, any one of them, if otherwise qualified, may obtain the revocation of the letters by presenting to the court a petition requesting the revocation, and that letters of administration be issued to the petitioner.
139.140 When letters of administration have been granted to or the child, [father, mother,] parent, brother or sister of theee, decedent, any one of them, if otherwise qualified, may obtain the revocation of the letters by presenting to the court a petition requesting the revocation, and that letters of administration be issued to the petitioner.
(c) May compromise and settle claims against one or more wards;
- 79th Session (2017) – 43 – (c) May compromise and settle claims against one or more wards;
3.
than all the wards in the same manner as provided by law withss respect to a guardianship of a single ward.
The guardianship may be terminated with respect to less than all the wards in the same manner as provided by law with respect to a guardianship of a single ward.
199.360 A person who fraudulently or falsely pretends that any infant child was born of a parent whose child is or would be entitled - *AB229_R1* – 42 – to inherit real property or to receive any personal property, or who falsely represents himself or herself or another to be a person entitled to an interest or share in the estate of a deceased person as executor, administrator, [husband, wife,] spouse, heir, heiress, legatee, devisee, next of kin or relative of the deceased person, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
199.360 A person who fraudulently or falsely pretends that any infant child was born of a parent whose child is or would be entitled to inherit real property or to receive any personal property, or who falsely represents himself or herself or another to be a person executor, administrator, [husband, wife,] spouse, heir, heiress,son as legatee, devisee, next of kin or relative of the deceased person, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
or 2.
or - 79th Session (2017) – 44 – 2.
201.070 1.
the marriage of the [husband and wife,] spouses, or that the prove defendant is the [father or mother] parent of the child or children, than is required to prove such facts in a civil action.
No other or greater evidence is required to prove the marriage of the [husband and wife,] spouses, or that the defendant is the [father or mother] parent of the child or children, than is required to prove such facts in a civil action.
It is not necessary to prove either of the marriages by the register and certificate thereof, or other record evidence, but those - *AB229_R1* – 43 – marriages may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage has taken place without this State, cohabitation in this State after the second marriage constitutes the commission of the crime of bigamy.
It is not necessary to prove either of the marriages by the marriages may be proved by such evidence as is admissible to proveose a marriage in other cases, and when the second marriage has taken place without this State, cohabitation in this State after the second marriage constitutes the commission of the crime of bigamy.
Sec.
- 79th Session (2017) – 45 – Sec.
201.170 If a person, being unmarried, knowingly marries the [husband or wife] spouse of another, that person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
201.170 If a person, being unmarried, knowingly marries the [husband or wife] spouse of another, that person is guilty of a category D felony and shall be punished as provided in NRSSec.
Sec.
72..
72.
Within 6 months after the first publication of the notice provided for in NRS 325.040, each person, company, corporation or association claiming to be an occupant or occupants, or to have, possess or be entitled to the right of occupancy or possession of such lands, or any block, lot, share or parcel thereof, - *AB229_R1* – 44 – shall, in person or by the duly authorized attorney of the person, company, corporation or association, sign a written statement containing a correct description of the particular parcel or parts in which the person, company, corporation or association claims to be entitled to receive, and deliver the same to, or into the office of, the corporate authorities or the judge of the district court.
Within 6 months after the first publication of the corporation or association claiming to be an occupant or occupants, or to have, possess or be entitled to the right of occupancy or possession of such lands, or any block, lot, share or parcel thereof, shall, in person or by the duly authorized attorney of the person, company, corporation or association, sign a written statement containing a correct description of the particular parcel or parts in which the person, company, corporation or association claims to be entitled to receive, and deliver the same to, or into the office of, the corporate authorities or the judge of the district court.
All applications for such conveyances for the benefit of married [women] persons may be made by their [husbands,] spouses, if in this state, but in case of the absence of the [husband] spouse from this state or his or her refusal to make such application, then a married [woman] person may apply in his or her own name.
All applications for such conveyances for the benefit of married [women] persons may be made by their [husbands,] spouses, if in this state, but in case of the - 79th Session (2017) – 46 – absence of the [husband] spouse from this state or his or her refusal to make such application, then a married [woman] person may apply in his or her own name.
Except as provided in subsection 4 and in NRS 325.130, all persons, companies, corporations or associations or their heirs, successors or assigns failing to sign and deliver such statement within the time specified in subsection 1 shall be forever debarred the right of claiming or recovering such lands or any interest or entail therein, or in any part, parcel or share thereof, in any court of law or equity.
Except as provided in subsection 4 and in NRS 325.130, all successors or assigns failing to sign and deliver such statement within the time specified in subsection 1 shall be forever debarred the right of claiming or recovering such lands or any interest or entail therein, or in any part, parcel or share thereof, in any court of law or equity.
Aid, assist, encourage and cooperate with every nationally recognized service organization insofar as the activities of such organizations are for the benefit of veterans, servicemen and servicewomen.
Aid, assist, encourage and cooperate with every nationally recognized service organization insofar as the activities of such servicewomen.
3.
are for the benefit of veterans, servicemen and 3.
Give aid, assistance and counsel to each and every problem, question and situation, individual as well as collective, affecting any veteran, serviceman or servicewoman, or their dependents, or any - *AB229_R1* – 45 – group of veterans, servicemen and servicewomen, when in their opinion such comes within the scope of this chapter.
Give aid, assistance and counsel to each and every problem, question and situation, individual as well as collective, affecting any veteran, serviceman or servicewoman, or their dependents, or any group of veterans, servicemen and servicewomen, when in their opinion such comes within the scope of this chapter.
7.
- 79th Session (2017) – 47 – 7.
Pay to each county that creates the office of coordinator of services for veterans, from state money available to him or her, a portion of the cost of operating the office in an amount determined by the Director.
Pay to each county that creates the office of coordinator of services for veterans, from state money available to him or her, a by the Director.ost of operating the office in an amount determined 9.
9.
The affidavit of any party who resides outside of the judicial district is admissible as evidence regarding the duty of support, any arrearages and the establishment of paternity.
The affidavit of any party who resides outside of the judicial district is admissible as evidence regarding the duty of support, any continue the hearing to allow procedures for discovery regarding any matter set forth in the affidavit.
The master may continue the hearing to allow procedures for discovery regarding any matter set forth in the affidavit.
- *AB229_R1* – 46 – 6.
6.
The copy is evidence of facts asserted therein and is admissible to show whether payments were made.
The copy - 79th Session (2017) – 48 – is evidence of facts asserted therein and is admissible to show whether payments were made.
Copies of bills for testing for paternity, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 20 days before the hearing, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.
Copies of bills for testing for paternity, and for prenatal and postnatal health care of the mother and child, furnished to the evidence to prove the amount of the charges billed and that thele in charges were reasonable, necessary and customary.
The defense of immunity based on the relationship of [husband and wife] a married couple or parent and child does not apply.
The defense of immunity based on the relationship of apply.nd and wife] a married couple or parent and child does not Sec.
Sec.
When a person is admitted to a division facility or hospital under one of the various forms of admission prescribed by law, the parent or legal guardian of a person with mental illness who is a minor or the [husband or wife] spouse of a person with mental illness, if of sufficient ability, and the estate of the person with mental illness, if the estate is sufficient for the purpose, shall - *AB229_R1* – 47 – pay the cost of the maintenance for the person with mental illness, including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter:
When a person is admitted to a division facility or hospital under one of the various forms of admission prescribed by law, the parent or legal guardian of a person with mental illness who is a minor or the [husband or wife] spouse of a person with mental illness, if of sufficient ability, and the estate of the person with mental illness, if the estate is sufficient for the purpose, shall pay the cost of the maintenance for the person with mental illness, including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter:
2.
- 79th Session (2017) – 49 – 2.
If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the State is entitled to recover, by appropriate legal action, all money owed to a division facility or which the State has paid to a hospital for the care of a committed person, plus interest at the rate established pursuant to NRS 99.040.
If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the State is entitled to recover, by appropriate legal action, all money owed to care of a committed person, plus interest at the rate established the pursuant to NRS 99.040.
If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the State is entitled to recover, by appropriate legal action, all money owed to a division facility or which the State has paid to a hospital for the care of a committed person, plus interest at the rate established pursuant to NRS 99.040.
If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the State is entitled to recover, by appropriate legal action, all money owed to a division facility or which the State has paid to a hospital for the pursuant to NRS 99.040.son, plus interest at the rate established Sec.
Sec.
The physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within - *AB229_R1* – 48 – 72 hours after the birth.
The physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within hours after the birth.
2.
- 79th Session (2017) – 50 – 2.
(a) The physician in attendance at or immediately after the birth.
(b) Any other person in attendance at or immediately after therth.
(b) Any other person in attendance at or immediately after the birth.
birth.
(b) Widowed at the time of birth but married at the time of conception, the name of her [husband] spouse at the time of conception must be entered on the certificate as the [father] other parent of the child unless:
(b) Widowed at the time of birth but married at the time of conception, the name of her [husband] spouse at the time of parent of the child unless:on the certificate as the [father] other (1) A court has issued an order establishing that a person other than the mother’s [husband] spouse at the time of conception is the [father] other parent of the child;
(1) A court has issued an order establishing that a person other than the mother’s [husband] spouse at the time of conception is the [father] other parent of the child;
- *AB229_R1* – 49 – (a) The provisions of paragraph (b) of subsection 5 are applicable;
(a) The provisions of paragraph (b) of subsection 5 are applicable;
(b) A court has issued an order establishing that the person is the [father] other parent of the child;
- 79th Session (2017) – 51 – (b) A court has issued an order establishing that the person is the [father] other parent of the child;
or (c) The [mother and father] parents of the child have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283.
or (c) The [mother and father] parents of the child have signed a declaration for the voluntary acknowledgment of paternity and mother] parents execute a declaration consenting to the use ofr the surname of [the father] one parent as the surname of the child, the name of [the father] that parent must be entered on the original certificate of birth and the surname of [the father] that parent must be entered thereon as the surname of the child.
If both [the father and mother] parents execute a declaration consenting to the use of the surname of [the father] one parent as the surname of the child, the name of [the father] that parent must be entered on the original certificate of birth and the surname of [the father] that parent must be entered thereon as the surname of the child.
1.
Transfer of registration or ownership between:
or (b) Companies whose principal business is leasing of vehicles, if there is no change in the lessee or operator of the vehicle.
ornership between:
(b) Companies whose principal business is leasing of vehicles, if there is no change in the lessee or operator of the vehicle.
(a) Informs the buyer, using a form, including, without limitation, an electronic form, if applicable, as approved by the Department of Motor Vehicles, that the consignee is not required to - *AB229_R1* – 50 – obtain an inspection or testing of the motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770 and that any such inspection or testing that is required must be obtained by the buyer before the buyer registers the motor vehicle;
(a) Informs the buyer, using a form, including, without limitation, an electronic form, if applicable, as approved by the Department of Motor Vehicles, that the consignee is not required to - 79th Session (2017) – 52 – obtain an inspection or testing of the motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770 and that any such inspection or testing that is required must be obtained by the buyer before the buyer registers the motor vehicle;
(b) Posts a notice in a conspicuous location at the site of the consignment auction or, if applicable, on the Internet website on which the consignment auction is conducted, and includes a notice in any document published by the consignee that lists the vehicles available for the consignment auction or solicits persons to bid at the consignment auction, stating that the consignee is exempt from any requirement to obtain an inspection or testing of a motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770 if the motor vehicle is sold at the consignment auction;
consignment auction or, if applicable, on the Internet website one which the consignment auction is conducted, and includes a notice in any document published by the consignee that lists the vehicles available for the consignment auction or solicits persons to bid at the consignment auction, stating that the consignee is exempt from any requirement to obtain an inspection or testing of a motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770 if the motor vehicle is sold at the consignment auction;
(a) The opportunity to sign, in the hospital, a declaration for the voluntary acknowledgment of paternity developed pursuant to NRS 440.283;
(a) The opportunity to sign, in the hospital, a declaration for the NRS 440.283;knowledgment of paternity developed pursuant to (b) Written materials about establishing paternity;
(b) Written materials about establishing paternity;
The Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services shall adopt the regulations necessary to ensure that the services provided by a hospital or obstetric center pursuant to this section are in compliance with the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C.
The Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services shall adopt the regulations necessary to ensure that the services provided by a hospital or obstetric center pursuant to this section are in compliance with the regulations adopted by the - 79th Session (2017) – 53 – Secretary of Health and Human Services pursuant to 42 U.S.C.
- *AB229_R1* – 51 – Sec.
Sec.
The right to dissect the dead body of a human being is limited to cases:
The right to dissect the dead body of a human bei(a) Specially provided by statute or by the direction or will of the deceased.
(a) Specially provided by statute or by the direction or will of the deceased.
451.025 If the governing body of any county, city or town within the State of Nevada must arrange for and order the decent burial of any person dying within such county, city or town, leaving a [husband or wife] spouse or parent in whose custody such person remained at the time he or she died, which [husband or wife] spouse or parent is not indigent and not otherwise eligible for assistance as a poor person and expenses for a decent burial have been paid out of public funds pursuant to such an order, the county, city or town must be reimbursed for its expenses of burial of the dead body of such person by the [husband, wife] spouse or parent charged by law with the duty of burial.
451.025 If the governing body of any county, city or town burial of any person dying within such county, city or town, leaving a [husband or wife] spouse or parent in whose custody such person remained at the time he or she died, which [husband or wife] spouse or parent is not indigent and not otherwise eligible for assistance as a poor person and expenses for a decent burial have been paid out of public funds pursuant to such an order, the county, city or town must be reimbursed for its expenses of burial of the dead body of such person by the [husband, wife] spouse or parent charged by law with the duty of burial.
The application of any person under the age of 18 years for a motorcycle driver’s license must be signed and verified, before a person authorized to administer oaths, by either or both [the father or mother] parents of the applicant, if either or both are living and have custody of the applicant, or if neither parent is living, then by the guardian having custody, or by an employer of the minor, or if there is no guardian or employer, then by any responsible person who is willing to assume the obligation imposed pursuant to - *AB229_R1* – 52 – NRS 486.011 to 486.381, inclusive, upon a person signing the application of a minor.
The application of any person under the age of 18 years for a motorcycle driver’s license must be signed and verified, before a person authorized to administer oaths, by either or both [the father or mother] parents of the applicant, if either or both are living - 79th Session (2017) – 54 – and have custody of the applicant, or if neither parent is living, then by the guardian having custody, or by an employer of the minor, or if there is no guardian or employer, then by any responsible person who is willing to assume the obligation imposed pursuant to application of a minor.
2.
inclusive, upon a person signing the 2.
Consideration or application of state property laws directly or indirectly affecting creditworthiness does not constitute discrimination for the purposes of this chapter.
Consideration or application of state property laws directly discrimination for the purposes of this chapter.t constitute Sec.
Sec.
In addition to any other compensation payable pursuant to chapters 616A to 616D, inclusive, of NRS, burial expenses are payable in an amount not to exceed $10,000, plus the cost of transporting the remains of the deceased employee.
In addition to any other compensation payable pursuant to chapters 616A to 616D, inclusive, of NRS, burial expenses are - 79th Session (2017) – 55 – payable in an amount not to exceed $10,000, plus the cost of transporting the remains of the deceased employee.
When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer.
When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of 2.ansExcept as otherwise provided in subsection 3, to the surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage is payable until the death of the surviving spouse.
- *AB229_R1* – 53 – 2.
Except as otherwise provided in subsection 3, to the surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage is payable until the death of the surviving spouse.
If there is a surviving spouse and any surviving children of the deceased employee who are not the children of the surviving spouse, the compensation otherwise payable pursuant to subsection 2 must be paid as follows until the entitlement of all children of the deceased employee to receive compensation pursuant to this subsection ceases:
If there is a surviving spouse and any surviving children of the deceased employee who are not the children of the surviving spouse, the compensation otherwise payable pursuant to subsection must be paid as follows until the entitlement of all children of the deceased employee to receive compensation pursuant to this subsection ceases:
(a) Each surviving child of the deceased employee, in addition to any amount the child may be entitled to pursuant to subsection 3, must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest child reaches the age of 18 years.
(a) Each surviving child of the deceased employee, in addition to any amount the child may be entitled to pursuant to subsection 3, must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the you(b) Except as otherwise provided in subsection 11, if the children have a guardian, the compensation they are entitled to receive may be paid to the guardian.
(b) Except as otherwise provided in subsection 11, if the children have a guardian, the compensation they are entitled to receive may be paid to the guardian.
(b) To both parents, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, 66 2/3 percent of the average monthly wage.
- 79th Session (2017) – 56 – (b) To both parents, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, 66 2/3 percent of the average monthly wage.
(c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, his or her proportionate share of 66 2/3 percent of the average monthly wage.
(c) To each brother or sister until he or she reaches the age of 18 at the time of the injury causing the death of the deceased employee, his or her proportionate share of 66 2/3 percent of the average monthly wage.
- *AB229_R1* – 54 – 7.
7.
The aggregate compensation payable pursuant to subsection 6 must not exceed 66 2/3 percent of the average monthly wage.
The aggregate compensation payable pursuant to subsection must not exceed 66 2/3 percent of the average monthly wage.
Compensation payable to a surviving spouse is for the use and benefit of the surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
Compensation payable to a surviving spouse is for the use and benefit of the surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation dependents.m in such a way as it deems best for the interest of all 10.
10.
Upon receipt of a certified letter of guardianship, the insurer shall make all payments required by this section to the guardian of the dependent until the dependent is emancipated, the guardianship terminates or the dependent reaches the age of 18 years, whichever occurs first, unless paragraph (a) of subsection 12 is applicable.
Upon receipt of a certified letter of guardianship, the insurer shall make all payments required by this section to the guardian of the dependent until the dependent is - 79th Session (2017) – 57 – emancipated, the guardianship terminates or the dependent reaches the age of 18 years, whichever occurs first, unless paragraph (a) of subsection 12 is applicable.
A guardianship established pursuant to this subsection must be administered in accordance with chapter 159 of NRS, except that after the first annual review required pursuant to NRS 159.176, a court may elect not to review the guardianship annually.
A administered in accordance with chapter 159 of NRS, except that after the first annual review required pursuant to NRS 159.176, a court may elect not to review the guardianship annually.
As used in - *AB229_R1* – 55 – this subsection, “incompetent” has the meaning ascribed to it in NRS 159.019.
As used in this subsection, “incompetent” has the meaning ascribed to it in NRS 159.019.
645B.015 Except as otherwise provided in NRS 645B.016, the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C.
645B.015 Except as otherwise provided in NRS 645B.016, the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, thereto and other applicable law, the provisions of this chapter do not apply to:
§§ 5101 et seq., and any regulations adopted pursuant thereto and other applicable law, the provisions of this chapter do not apply to:
3.
- 79th Session (2017) – 58 – 3.
An attorney at law rendering services in the performance of his or her duties as an attorney at law.
An attorney at law rendering services in the performance of his5.r hA real estate broker rendering services in the performance of his or her duties as a real estate broker.
5.
A real estate broker rendering services in the performance of his or her duties as a real estate broker.
Any one natural person, or [husband and wife,] married couple, who provides money for investment in commercial loans secured by a lien on real property, on his or her own account, unless such a person makes a loan secured by a lien on real property using his or her own money and assigns all or a part of his or her interest - *AB229_R1* – 56 – in the loan to another person, other than his or her spouse or child, within 3 years after the date on which the loan is made or the deed of trust is recorded, whichever occurs later.
Any one natural person, or [husband and wife,] married couple, who provides money for investment in commercial loans secured by a lien on real property, on his or her own account, unless such a person makes a loan secured by a lien on real property using his or her own money and assigns all or a part of his or her interest in the loan to another person, other than his or her spouse or child, within 3 years after the date on which the loan is made or the deed of trust is recorded, whichever occurs later.
and (3) The seller has not engaged in more than five such loans in this State during the immediately preceding 12 consecutive months.
and (3) The seller has not engaged in more than five such loans months.
9.
State during the immediately preceding 12 consecutive 9.
(d) Whose volunteers, if any, do not receive compensation for their services in the construction of a dwelling;
- 79th Session (2017) – 59 – (d) Whose volunteers, if any, do not receive compensation for their services in the construction of a dwelling;
and (f) Which maintains tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C.
and of the Internal Revenue Code of 1986, 26 U.S.C.
§ 501(c)(3).
§ 501(c)(3).)(3) 12.
12.
645E.150 Except as otherwise provided in NRS 645E.160, the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C.
645E.150 Except as otherwise provided in NRS 645E.160, the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, U.S.C.
- *AB229_R1* – 57 – 1.
1.
An attorney at law rendering services in the performance of his or her duties as an attorney at law.
An attorney at law rendering services in the performance of his5.r hA real estate broker rendering services in the performance of his or her duties as a real estate broker.
5.
A real estate broker rendering services in the performance of his or her duties as a real estate broker.
(a) With or on behalf of an immediate family member of the person;
- 79th Session (2017) – 60 – (a) With or on behalf of an immediate family member of the person;
Agencies of the United States and of this State and its political subdivisions, including the Public Employees’ Retirement System.
Agencies of the United States and of this State and its System.al subdivisions, including the Public Employees’ Retirement 10.
10.
- *AB229_R1* – 58 – (d) Whose volunteers, if any, do not receive compensation for their services in the construction of a dwelling;
(d) Whose volunteers, if any, do not receive compensation for their services in the construction of a dwelling;
Except as otherwise provided in subsection 2, no life or health insurance contract upon a person, except a contract of group life insurance or of group or blanket health insurance, may be made or effectuated unless at the time of the making of the contract the person insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing.
Except as otherwise provided in subsection 2, no life or health insurance contract upon a person, except a contract of group life insurance or of group or blanket health insurance, may be made or effectuated unless at the time of the making of the contract the person insured, being of competent legal capacity to con2.actThe following persons may enter into a contract for life or health insurance upon another person without the insured’s written consent:
2.
The following persons may enter into a contract for life or health insurance upon another person without the insured’s written consent:
(a) An application in accordance with subsection 2 for a contract for insurance upon the life of another;
- 79th Session (2017) – 61 – (a) An application in accordance with subsection 2 for a contract for(b) A request to increase the existing coverage upon the life of an insured by a person other than the insured, ¬ shall, unless the application or request relates to a contract of group life insurance or of group or blanket health insurance, cause notice of the application or request to be mailed to the insured at the home or business of the insured within 48 hours after receiving the application or request.
or (b) A request to increase the existing coverage upon the life of an insured by a person other than the insured, ¬ shall, unless the application or request relates to a contract of group life insurance or of group or blanket health insurance, cause notice of the application or request to be mailed to the insured at the home or business of the insured within 48 hours after receiving the application or request.
H - *AB229_R1*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 167.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 20, Nays: 1.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. Read first time. Referred to Committee on Judiciary. To committee.

  8. In Senate.

  9. Read third time. Passed, as amended. Title approved. (Yeas: 28, Nays: 10, Excused: 4.) To Senate.

  10. Taken from General File. Placed on General File for next legislative day.

  11. Taken from General File. Placed on General File for next legislative day.

  12. Taken from General File. Placed on General File for next legislative day.

  13. Taken from General File. Placed on General File for next legislative day.

  14. From printer. To engrossment. Engrossed. First reprint .

  15. Read second time. Amended. (Amend. No. 53.) To printer.

  16. From committee: Amend, and do pass as amended.

  17. From printer. To committee.

  18. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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7 sponsors · 7 co-sponsors · 53 not signed on

Sponsors (7)

Not signed on (53)

53 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 229?
AB 229 is sponsored by Parks, Manendo, Spiegel, Flores, Chris Brooks, Jason Frierson, Pat Spearman, Amber Joiner, Kelvin Atkinson, Richard Carrillo, Ozzie Fumo, Tick Segerblom, Cohen, Lesley, and Nelson Araujo.
What is the current status of AB 229?
This bill has been enacted into law. Introduced February 21, 2017. Enacted.
Where can I track AB 229?
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