Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB406 326 Amendment No.
406–Committee326 onAssembly JudiciaryAmendment CHAPTER..........to Assembly Bill No.
406 (BDR 3-138) Proposed by:
Assembly Committee on Judiciary Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
DAN/BAW - Date:
4/15/2021 A.B.
No.
406—Revises provisions relating to the collection of child support.
(BDR 3-138) Page 1 of 6 *A_AB406_326* Assembly Amendment No.
326 to Assembly Bill No.
406 Page 3 ASSEMBLY B ILLNO .
406–COMMITTEE ON JUDICIARY M ARCH 25,2021 _______________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the collection of child support.
(BDR 3-138) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
[requiring the Division of Welfare and Supportive Services of the Department of Health and Human Services to adopt regulations to provide for such withholding of gambling winnings;] and providing other matters properly relating thereto.
LegExistingLegislative lawCounsel’s providesDigest: that money may be withheld for the support of a child from any money due to an obligor as the prize from any contest or lottery.
(NRSExisting 31A.150)law Thisprovides billthat money may be withheld for the support of a child from any [provides for] authorizes the withholding [by a licensed gaming establishment] of moneymoneyll from the gambling winnings of an obligor to apply to arrears in child support owed by the obligor.
EXPLANATION[ –Section Matter1 inof boldedthis italicsbill: is new;
matter(1) betweenrequires bracketsthe [omittedDivision material]of isWelfare materialand Supportive Services of the Department of Health and Human Services to establish and maintain a secure, electronically accessible registry to be omitted.used for the purpose of withholding money from the gambling winnings of an obligor;
THE(2) PEOPLErequires OFthe THEDivision, STATEafter OFconsultation NEVADA,with REPRESENTEDthe INNevada SENATEGaming ANDControl ASSEMBLY,Board, DOto ENACTadopt ASregulations FOLLOWS:to provide for such withholding of gambling winnings;
and (3) sets forth the specific duties and responsibilities of a licensed gaming establishment and the Division in carrying out such withholding of gambling winnings.
Section 2 of this bill makes a conforming change to authorize the withholding of money from the gambling winnings of an obligor.] THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(Deleted[Chapter 31A of NRS is hereby amended by amendment.)adding Sec.thereto a new section to read as follows:
1.
The Division of Welfare and Supportive Services shall:
(a) Establish and maintain a secure, electronically accessible registry to be used for the purpose of withholding money from the gambling winnings of an Assembly Amendment No.
326 to Assembly Bill No.
406 Page 4 obligor pursuant to this section.
The registry must include, without limitation, the following information regarding an obligor:
(1) The name and address of the obligor.
(2) The social security number of the obligor.
(3) The amount of any arrears in the payment of child support.
(4) A case identifier for the obligor.
(5) Any other information the Division deems necessary to confirm the identity of the obligor.
(b) After consultation with the Nevada Gaming Control Board, adopt regulations to carry out the provisions of this section.
Before paying any portion of gambling winnings to a person, a licensed gaming establishment shall:
(a) Access the registry to determine whether the person is an obligor listed in the registry;
and (b) If the person is an obligor listed in the registry, withhold from the gambling winnings of the person the following amounts:
(1) An administrative fee of $25 for carrying out its duties pursuant to this section.
(2) If, after deducting the administrative fee set forth in subparagraph (1), the amount of the remaining gambling winnings is equal to or less than the amount in arrears listed in the registry, 100 percent of the amount of the remaining gambling winnings.
(3) If, after deducting the administrative fee set forth in subparagraph (1), the amount of the gambling winnings remaining is more than the amount in arrears listed in the registry, the amount in arrears listed in the registry.
A licensed gaming establishment that withholds money from gambling winnings pursuant to this subsection shall provide to the obligor a written receipt in the form prescribed by the regulations adopted by the Division.
3.
A licensed gaming establishment that withholds money from gambling winnings pursuant to subsection 2 shall, within 5 business days after withholding such money and in the manner prescribed by the regulations adopted by the Division:
(a) Remit the amount withheld to the Division;
and (b) Provide to the Division a written notice that includes the following information:
(1) The name and address of the obligor.
(2) The social security number of the obligor.
(3) The case identifier of the obligor.
(4) The amount withheld from the gambling winnings of the obligor and the date on which it was withheld.
(5) The name, address and contact information of the licensed gaming establishment.
4.
Upon receipt of the money remitted and the notice provided from the licensed gaming establishment pursuant to subsection 3, the Division shall send a notice, by first-class mail, to the obligor at the address the obligor provided to the licensed gaming establishment or, if the obligor failed to provide an address to the licensed gaming establishment, at the last known address of the obligor, that the Division intends to apply the amount of gambling winnings withheld by the licensed gaming establishment to the arrears in child support owed by the obligor.
5.
Within 20 calendar days after receipt of the notice provided to the obligor pursuant to subsection 4, the obligor may submit to the Division a request for a hearing concerning the withholding of the gambling winnings of the obligor.
Not Assembly Amendment No.
326 to Assembly Bill No.
406 Page 5 later than the date of the hearing, the obligor and a representative of the Division must meet and make a good faith effort to resolve the matter.
For the purposes of this section, an obligor shall be deemed to have received notice 3 calendar days after the date on which the Division deposited the notice in the mail.
6.
If the obligor timely requests a hearing as provided in subsection 5 and meets with a representative of the Division as required by subsection 5, the hearing must be held in accordance with the provisions of NRS 425.3832 within 20 calendar days after the date on which the Division received the request for a hearing.
7.
The Division shall not apply the money withheld from the gambling winnings of an obligor to the arrears in child support of the obligor until:
(a) At least 23 calendar days after depositing in the mail the notice to the obligor pursuant to subsection 4;
or (b) The conclusion and disposition of any hearing timely requested pursuant to subsection 5, whichever is later.
8.
Any information about an obligor obtained by a licensed gaming establishment pursuant to this section must be used only for the purpose of carrying out the provisions of this section.
A licensed gaming establishment is immune from criminal or civil liability for any act or omission made in good faith to comply with the requirements of this section, including, without limitation:
(a) Any disclosure of personal information to the Division;
and (b) The withholding of any money from the obligor or remittance of any money to the Division.
9.
The withholding of money from the gambling winnings of an obligor to apply to arrears in child support has priority over any other secured or unsecured claim on the gambling winnings, except claims for federal or state taxes that are required to be withheld under federal or state law.
10.
As used in this section:
(a) “Gambling winnings” means winnings at a licensed gaming establishment that are required to be reported to the Internal Revenue Service on Form W-2G.
(b) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.
(c) “Registry” means the registry established and maintained by the Division pursuant to this section.] (Deleted by amendment.) Sec.
2.
Money may be withheld for the support of a child pursuant to NRS 31A.025 to 31A.190, inclusive, [and section 1 of this act,] from any money:
or (b) Due to the obligor as a judgment, a settlement , [or] the prize from any contest or lottery [,] or gambling winnings, from any person or other entity, whether the money is payable periodically or meansin winnings at a licensedlump gamingsum. establishment, as defined in NRS 463.0169, that are required to be reported to the Internal Revenue Service on Form W-2G.
As used in this paragraph, “gambling winnings” [has the meaning ascribed to it in section 1 of this act.] means winnings at a licensed gaming establishment, as defined in NRS Assembly Amendment No.
326 to Assembly Bill No.
406 Page 6 463.0169, that are required to be reported to the Internal Revenue Service on Form W-2G.
When a certified copy of a notice to withhold income is delivered by certified mail, return receipt requested, to a person or other entity described in subsection 1, the person or other entity -must 81stcomply Sessionwith (2021)the –request 2and –pay to the enforcing authority the amounts withheld as required in the notice to withhold income.yincome. the Sec.
Sec.
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