SB 390 — Revises provisions relating to the support of children. (BDR 38-85)

EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT S.B.

CONTAINS UNFUNDED MANDATE (§ 1) (NOTR EQUESTED AFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;

requiring the collecting and reporting of certain demographic information;

Existing federal law requires each state to establish procedures under which the state has the authority to withhold or suspend, or to restrict, the use of driver’s licenses and professional, occupational and recreational licenses of a person who:

(NRS 483.443, 486.165) Section 1 of this bill authorizes, rather than requires, the district attorney or However,other sectionpublic 1agency prohibitsto provide such a report from being made to the Department ifs.of Motor Vehicles.

However, section 1 prohibits such a report from being made to the Department if the suspension of the driver’s license and motorcycle driver’s license of the person - *SB390_R1* – 2 – named in the report would be an impediment to his or her present or potential employment.

(1) is delinquent for not less than 63 months in support payments or any payments ordered by a court for arrearages in such - *SB390* – 2 – payments;

Section 1 also requires each district attorney or other public agency:

sent a notice concerning a subpoena, warrant or arrearage, and persons whosewere names were reported to the Department;

and (2) to annually submit a report to the Legislature concerning such data.

Under existing law, whenever a district attorney or other public agency collecting support for children is required to make such a report to the Department of Motor Vehicles, the district attorney or other public agency must also make such a report the Department of Wildlife.

(NRS 425.510) Existing law requires thetheke such Department of Wildlife to suspend a license or permit to hunt, fish or trap issued to the person named in the report, unless, within 30 days, the person provides certain proof of compliance with the subpoena or warrant or satisfaction of the arrearage.

(NRS 502.115, 503.5835) Because section 1 changes the circumstances under which the district attorney or other public agency collecting support for children may make such a report to the Department of Motor Vehicles, section 4 of this bill makes conforming changes to maintain the existing procedures currently in effect for making such reports to the Department of Wildlife, thereby retaining:

(NRS 425.510, 425.560) Section 3 of thiExistingthis federalbill lawestablishes requires each state to develop a program for the purposeapplicability of locatingdefinitions. absent parents, establishing the paternity of children and establishing and collecting payment obligations for the support of children.

Existing federal law requires each state to develop a program for the purpose of locating absent parents, establishing the paternity of children and establishing and makes certain federal funding and payments contingent on the performance of each state in carrying out such a program.

§§ 651 et seq.) Existing law provides that the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services is responsible for carrying out and supervising the program of this State for those purposes.

(NRS 425.365)out425.365) Section 2 of this bill requires the Administrator to make every effort to obtain the approval necessary from the United States Department of Health and Human Services to ensure that the program in this State complies with all the requirements for the receipt of such federal funds.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:FOLLOWS:D IN Section 1.

Section 1.

- *SB390_R1* – 3 – (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child;

- *SB390* – 3 –  The notice must include the information set forth in subsection 2 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

(b) Satisfy the arrearage pursuant to paragraph (b) of subsection 8;9;

If the master determines that a person who requested a hearing pursuant to subsection 2 has not complied with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child and the district court issues an order approving the recommendation of the master, the district attorney or other public agency may report the name of that person to the - *SB390_R1* – 4 – Department of Motor Vehicles, unless the suspension of the driver’s license and motorcycle driver’s license of the person would be an impediment to his or her present or potential employment.

- *SB390* – 4 – 6.

The district attorney or other public agency shall, within 5 days after the person who has failed to comply with a subpoena or warrant or is in arrears in the payment for the support of one or more children complies with the subpoena or warrant or satisfies the arrearage pursuant to paragraph (b) of subsection 8,9, notify the Department of WildlifeMotor Vehicles that the person has complied with the subpoena or warrant or has satisfied the arrearage.

Each district attorney or other public agency collecting support for children shall:

(a) Collect and maintain basic demographic data, including, without limitation, data relating to household income, concerning each person to whom the district attorney or other public agency has sent a notice pursuant to subsection 1 and each person whose name is reported to the Department of Motor Vehicles pursuant to subsection 2.

(b) On or before January 30 of each year, compile a report summarizing the data collected and maintained by the district attorney or other public agency during the immediately preceding year pursuant to paragraph (a).

(c) Transmit the report compiled pursuant to paragraph (b) and the data collected and maintained by the district attorney or other public agency during the immediately preceding year pursuant to paragraph (a) to the Director of the Legislative Counsel Bureau for transmittal to:

(1) In odd-numbered years, the next regular session of the Legislature;

and - *SB390_R1* – 5 – (2) In even-numbered years, the Joint Interim Standing Committee on Health and Human Services and the Joint Interim Standing Committee on Commerce and Labor.

9.

(1) Is delinquent for not less than 63 months in payments for the support of one or more children or any payments ordered by a court for arrearages in such payments;

or (II) Entering into and complying with a plan for the repayment of the arrearages in installments which is approved by the district attorney or other public agency enforcing the order;

- *SB390* – 5 – Sec.

425.500 As used in NRS 425.500 to 425.560, inclusive, and section 1 of this act, unless the context otherwise requires, “agency that issues a professional, occupational or recreational license, certificate or permit” means the Department of Wildlife and any officer, agency, board or commission of this State which is - *SB390_R1* – 6 – prohibited by specific statute from issuing or renewing a license, certificate or permit unless the applicant for the issuance or renewal of that license, certificate or permit submits to the officer, agency, board or commission the statement prescribed by the Division pursuant to NRS 425.520.

- *SB390* – 6 – 3.

If the master determines that a person who requested a hearing pursuant to subsection 2 has not complied with a subpoena - *SB390_R1* – 7 – or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the [Department of Motor Vehicles and to the] Department of Wildlife.

The district attorney or other public agency shall, within 5 days after the person who has failed to comply with a subpoena or warrant or is in arrears in the payment for the support of one or more children complies with the subpoena or warrant or satisfies the arrearage pursuant to [NRSNRS 425.560,]425.560, paragraph (b) of subsection 8, notify the Department[Department of Motor VehiclesVehicles] and the Department of - *SB390* – 7 – Wildlife that the person has complied with the subpoena or warrant or has satisfied the arrearage.

425.560 [For] Except as otherwise provided in section 1 of this act, for the purposes of NRS 425.500 to 425.560, inclusive [:] , and section 1 of this act: