EXEMPT
(Reprinted with amendments adopted on April 21, 2025)
FIRST REPRINT S.B. 390
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SENATE BILL NO. 390–SENATOR NEAL
MARCH 17, 2025
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Referred to Committee on Health and Human Services
SUMMARY—Revises provisions relating to the support of
children. (BDR 38-85)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
CONTAINS UNFUNDED MANDATE (§ 1)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to the support of children; revising the duties of
the Administrator of the Division of Welfare and
Supportive Services of the Department of Health
and Human Services; revising certain procedures and
requirements relating to the collection of support of
children; requiring the collecting and reporting of certain
demographic information; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing federal law requires each state to establish procedures under which the 1
state has the authority to withhold or suspend, or to restrict, the use of driver’s 2
licenses and professional, occupational and recreational licenses of a person who: 3
(1) has failed, after receiving notice, to comply with a subpoena or warrant relating 4
to paternity or child support proceedings; or (2) is in arrears in the payment of 5
support for one or more children. (42 U.S.C. § 666) Existing law requires the 6
district attorney or other public agency collecting support for children to report to 7
the Department of Motor Vehicles the name of a person who has, after receiving 8
notice, failed to comply with a subpoena or warrant relating to paternity or child 9
support proceedings or who is in arrears in the payment of support for one or more 10
children. (NRS 425.510) After receiving such a report, existing law requires the 11
Department to suspend the driver’s license and, if applicable, the motorcycle 12
driver’s license of the person. (NRS 483.443, 486.165) 13
Section 1 of this bill authorizes, rather than requires, the district attorney or 14
other public agency to provide such a report to the Department of Motor Vehicles. 15
However, section 1 prohibits such a report from being made to the Department if 16
the suspension of the driver’s license and motorcycle driver’s license of the person 17
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named in the report would be an impediment to his or her present or potential 18
employment. Section 1 also provides that, for the purposes of issuing such a report 19
to the Department, a person is not in arrears in the payment of support for one or 20
more children unless the person: (1) is delinquent for not less than 3 months in 21
support payments or any payments ordered by a court for arrearages in such 22
payments; or (2) has failed to provide medical insurance for a child as required by a 23
court order. Section 1 also requires each district attorney or other public agency: 24
(1) to collect and maintain certain demographic data concerning persons who were 25
sent a notice concerning a subpoena, warrant or arrearage, and persons whose 26
names were reported to the Department; and (2) to annually submit a report to the 27
Legislature concerning such data. Section 5 of this bill makes a conforming change 28
to clarify the applicability of provisions governing when a person is in arrears for 29
the support of one or more children for the purposes of other provisions providing 30
for the suspension of professional, occupational and recreational licenses. 31
Under existing law, whenever a district attorney or other public agency 32
collecting support for children is required to make such a report to the Department 33
of Motor Vehicles, the district attorney or other public agency must also make such 34
a report the Department of Wildlife. (NRS 425.510) Existing law requires the 35
Department of Wildlife to suspend a license or permit to hunt, fish or trap issued to 36
the person named in the report, unless, within 30 days, the person provides certain 37
proof of compliance with the subpoena or warrant or satisfaction of the arrearage. 38
(NRS 502.115, 503.5835) Because section 1 changes the circumstances under 39
which the district attorney or other public agency collecting support for children 40
may make such a report to the Department of Motor Vehicles, section 4 of this bill 41
makes conforming changes to maintain the existing procedures currently in effect 42
for making such reports to the Department of Wildlife, thereby retaining: (1) the 43
requirement that the district attorney or public agency collecting support for 44
children make reports to the Department of Wildlife; and (2) the criteria under 45
existing law for determining when a person is in arrears in the payment of support 46
for one or more children for those purposes. (NRS 425.510, 425.560) Section 3 of 47
this bill establishes the applicability of definitions. 48
Existing federal law requires each state to develop a program for the purpose of 49
locating absent parents, establishing the paternity of children and establishing and 50
collecting payment obligations for the support of children. Existing federal law 51
makes certain federal funding and payments contingent on the performance of each 52
state in carrying out such a program. (42 U.S.C. §§ 651 et seq.) Existing law 53
provides that the Administrator of the Division of Welfare and Supportive Services 54
of the Department of Health and Human Services is responsible for carrying out 55
and supervising the program of this State for those purposes. (NRS 425.365) 56
Section 2 of this bill requires the Administrator to make every effort to obtain the 57
approval necessary from the United States Department of Health and Human 58
Services to ensure that the program in this State complies with all the requirements 59
for the receipt of such federal funds. 60
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 425 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. Each district attorney or other public agency collecting 3
support for children shall send a notice by first-class mail to each 4
person who: 5
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(a) Has failed to comply with a subpoena or warrant relating 1
to a proceeding to determine the paternity of a child or to establish 2
or enforce an obligation for the support of a child; or 3
(b) Is in arrears in the payment for the support of one or more 4
children. 5
The notice must include the information set forth in subsection 6
2 and a copy of the subpoena or warrant or a statement of the 7
amount of the arrearage. 8
2. If the person does not, within 30 days after the person 9
receives the notice required by subsection 1: 10
(a) Comply with the subpoena or warrant; 11
(b) Satisfy the arrearage pursuant to paragraph (b) of 12
subsection 9; or 13
(c) Submit to the district attorney or other public agency a 14
written request for a hearing, 15
the district attorney or other public agency may report the name 16
of that person to the Department of Motor Vehicles, unless the 17
suspension of the driver’s license and motorcycle driver’s license 18
of the person would be an impediment to his or her present or 19
potential employment. 20
3. Before a hearing requested pursuant to subsection 2 may 21
be held, the person requesting the hearing and a representative of 22
the enforcing authority must meet and make a good faith effort to 23
resolve the matter. 24
4. If a person requests a hearing within the period prescribed 25
in subsection 2 and meets with the enforcing authority as required 26
pursuant to subsection 3, a hearing must be held pursuant to NRS 27
425.3832. The master shall notify the person of the 28
recommendation of the master at the conclusion of the hearing or 29
as soon thereafter as is practicable. If the master determines that 30
the person has failed to comply with a subpoena or warrant 31
relating to a proceeding to determine the paternity of a child or to 32
establish or enforce an obligation for the support of a child, the 33
master shall include in the notice the information set forth in 34
subsection 5. If the master determines that the person is in arrears 35
in the payment for the support of one or more children, the master 36
shall include in the notice the information set forth in 37
subsection 6. 38
5. If the master determines that a person who requested a 39
hearing pursuant to subsection 2 has not complied with a 40
subpoena or warrant relating to a proceeding to determine the 41
paternity of a child or to establish or enforce an obligation for the 42
support of a child and the district court issues an order approving 43
the recommendation of the master, the district attorney or other 44
public agency may report the name of that person to the 45
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Department of Motor Vehicles, unless the suspension of the 1
driver’s license and motorcycle driver’s license of the person 2
would be an impediment to his or her present or potential 3
employment. 4
6. If the master determines that a person who requested a 5
hearing pursuant to subsection 2 is in arrears in the payment for 6
the support of one or more children, the master shall notify the 7
person that if the person does not immediately agree to enter into a 8
plan for the repayment of the arrearages that is approved by the 9
district attorney or other public agency, the driver’s license and 10
motorcycle driver’s license of the person may be subject to 11
suspension. If the person does not agree to enter into such a plan 12
and the district court issues an order approving the 13
recommendation of the master, the district attorney or other public 14
agency may report the name of that person to the Department of 15
Motor Vehicles, unless the suspension of the driver’s license and 16
motorcycle driver’s license of the person would be an impediment 17
to his or her present or potential employment. 18
7. The district attorney or other public agency shall, within 5 19
days after the person who has failed to comply with a subpoena or 20
warrant or is in arrears in the payment for the support of one or 21
more children complies with the subpoena or warrant or satisfies 22
the arrearage pursuant to paragraph (b) of subsection 9, notify the 23
Department of Motor Vehicles that the person has complied with 24
the subpoena or warrant or has satisfied the arrearage. 25
8. Each district attorney or other public agency collecting 26
support for children shall: 27
(a) Collect and maintain basic demographic data, including, 28
without limitation, data relating to household income, concerning 29
each person to whom the district attorney or other public agency 30
has sent a notice pursuant to subsection 1 and each person whose 31
name is reported to the Department of Motor Vehicles pursuant to 32
subsection 2. 33
(b) On or before January 30 of each year, compile a report 34
summarizing the data collected and maintained by the district 35
attorney or other public agency during the immediately preceding 36
year pursuant to paragraph (a). 37
(c) Transmit the report compiled pursuant to paragraph (b) 38
and the data collected and maintained by the district attorney or 39
other public agency during the immediately preceding year 40
pursuant to paragraph (a) to the Director of the Legislative 41
Counsel Bureau for transmittal to: 42
(1) In odd-numbered years, the next regular session of the 43
Legislature; and 44
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(2) In even-numbered years, the Joint Interim Standing 1
Committee on Health and Human Services and the Joint Interim 2
Standing Committee on Commerce and Labor. 3
9. For the purposes of this section: 4
(a) A person is in arrears in the payment for the support of one 5
or more children if the person: 6
(1) Is delinquent for not less than 3 months in payments for 7
the support of one or more children or any payments ordered by a 8
court for arrearages in such payments; or 9
(2) The person has failed to provide medical insurance for 10
a child as required by a court order. 11
(b) A person who is in arrears in the payment for the support 12
of one or more children may satisfy the arrearage by: 13
(1) Paying all of the past due payments; 14
(2) If the person is unable to pay all past due payments: 15
(I) Paying the amounts of the overdue payments for the 16
preceding 12 months which a court has determined are in arrears; 17
or 18
(II) Entering into and complying with a plan for the 19
repayment of the arrearages in installments which is approved by 20
the district attorney or other public agency enforcing the order; or 21
(3) If the arrearage is for a failure to provide and maintain 22
medical insurance, providing proof that the child is covered under 23
a policy, contract or plan of medical insurance. 24
(c) A person shall be deemed to have received a notice 3 days 25
after it is mailed, by first-class mail, postage prepaid, to that 26
person at the last known address of the person. 27
Sec. 2. NRS 425.365 is hereby amended to read as follows: 28
425.365 1. The Administrator or the designee of the 29
Administrator is responsible for and shall supervise the Program, 30
subject to administrative supervision by the Director of the 31
Department of Health and Human Services. 32
2. The Administrator may adopt such regulations and take such 33
actions as are necessary to carry out the provisions of this chapter. 34
3. The Administrator shall make every effort to obtain the 35
approval necessary from the United States Department of Health 36
and Human Services to ensure that the Program complies with all 37
requirements for the receipt of federal money under Part D of 38
Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq. 39
Sec. 3. NRS 425.500 is hereby amended to read as follows: 40
425.500 As used in NRS 425.500 to 425.560, inclusive, and 41
section 1 of this act, unless the context otherwise requires, “agency 42
that issues a professional, occupational or recreational license, 43
certificate or permit” means the Department of Wildlife and any 44
officer, agency, board or commission of this State which is 45
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prohibited by specific statute from issuing or renewing a license, 1
certificate or permit unless the applicant for the issuance or renewal 2
of that license, certificate or permit submits to the officer, agency, 3
board or commission the statement prescribed by the Division 4
pursuant to NRS 425.520. 5
Sec. 4. NRS 425.510 is hereby amended to read as follows: 6
425.510 1. Each district attorney or other public agency 7
collecting support for children shall send a notice by first-class mail 8
to each person who: 9
(a) Has failed to comply with a subpoena or warrant relating to a 10
proceeding to determine the paternity of a child or to establish or 11
enforce an obligation for the support of a child; or 12
(b) Is in arrears in the payment for the support of one or more 13
children. 14
The notice must include the information set forth in subsection 2 15
and a copy of the subpoena or warrant or a statement of the amount 16
of the arrearage. 17
2. If the person does not, within 30 days after the person 18
receives the notice required by subsection 1: 19
(a) Comply with the subpoena or warrant; 20
(b) Satisfy the arrearage pursuant to NRS 425.560; or 21
(c) Submit to the district attorney or other public agency a 22
written request for a hearing, 23
the district attorney or other public agency shall report the name 24
of that person to the [Department of Motor Vehicles and to the] 25
Department of Wildlife. 26
3. Before a hearing requested pursuant to subsection 2 may be 27
held, the person requesting the hearing and a representative of the 28
enforcing authority must meet and make a good faith effort to 29
resolve the matter. 30
4. If a person requests a hearing within the period prescribed in 31
subsection 2 and meets with the enforcing authority as required 32
pursuant to subsection 3, a hearing must be held pursuant to NRS 33
425.3832. The master shall notify the person of the recommendation 34
of the master at the conclusion of the hearing or as soon thereafter as 35
is practicable. If the master determines that the person has failed to 36
comply with a subpoena or warrant relating to a proceeding to 37
determine the paternity of a child or to establish or enforce an 38
obligation for the support of a child, the master shall include in the 39
notice the information set forth in subsection 5. If the master 40
determines that the person is in arrears in the payment for the 41
support of one or more children, the master shall include in the 42
notice the information set forth in subsection 6. 43
5. If the master determines that a person who requested a 44
hearing pursuant to subsection 2 has not complied with a subpoena 45
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or warrant relating to a proceeding to determine the paternity of a 1
child or to establish or enforce an obligation for the support of a 2
child and the district court issues an order approving the 3
recommendation of the master, the district attorney or other public 4
agency shall report the name of that person to the [Department of 5
Motor Vehicles and to the] Department of Wildlife. 6
6. If the master determines that a person who requested a 7
hearing pursuant to subsection 2 is in arrears in the payment for the 8
support of one or more children, the master shall notify the person 9
that if the person does not immediately agree to enter into a plan for 10
the repayment of the arrearages that is approved by the district 11
attorney or other public agency, [the driver’s license and motorcycle 12
driver’s license of the person and] any license or permit to hunt, fish 13
or trap issued by the Department of Wildlife to the person pursuant 14
to chapters 502 and 503 of NRS, may be subject to suspension. If 15
the person does not agree to enter into such a plan and the district 16
court issues an order approving the recommendation of the master, 17
the district attorney or other public agency shall report the name of 18
that person to the [Department of Motor Vehicles and to the] 19
Department of Wildlife. 20
7. The district attorney or other public agency shall, within 5 21
days after the person who has failed to comply with a subpoena or 22
warrant or is in arrears in the payment for the support of one or 23
more children complies with the subpoena or warrant or satisfies the 24
arrearage pursuant to NRS 425.560, notify the [Department of 25
Motor Vehicles] and the Department of Wildlife that the person has 26
complied with the subpoena or warrant or has satisfied the 27
arrearage. 28
8. For the purposes of this section, a person shall be deemed to 29
have received a notice 3 days after it is mailed, by first-class mail, 30
postage prepaid, to that person at the last known address of the 31
person. 32
Sec. 5. NRS 425.560 is hereby amended to read as follows: 33
425.560 [For] Except as otherwise provided in section 1 of 34
this act, for the purposes of NRS 425.500 to 425.560, inclusive [:] , 35
and section 1 of this act: 36
1. A person is in arrears in the payment for the support of one 37
or more children if: 38
(a) The person: 39
(1) Owes a total of more than $1,000 for the support of one 40
or more children for which payment is past due; and 41
(2) Is delinquent for not less than 2 months in payments for 42
the support of one or more children or any payments ordered by a 43
court for arrearages in such payments; or 44
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(b) The person has failed to provide medical insurance for a 1
child as required by a court order. 2
2. A person who is in arrears in the payment for the support of 3
one or more children may satisfy the arrearage by: 4
(a) Paying all of the past due payments; 5
(b) If the person is unable to pay all past due payments: 6
(1) Paying the amounts of the overdue payments for the 7
preceding 12 months which a court has determined are in arrears; or 8
(2) Entering into and complying with a plan for the 9
repayment of the arrearages which is approved by the district 10
attorney or other public agency enforcing the order; or 11
(c) If the arrearage is for a failure to provide and maintain 12
medical insurance, providing proof that the child is covered under a 13
policy, contract or plan of medical insurance. 14
Sec. 5.5. The provisions of subsection 1 of NRS 218D.380 do 15
not apply to any provision of this act which adds or revises a 16
requirement to submit a report to the Legislature. 17
Sec. 5.7. The provisions of NRS 354.599 do not apply to any 18
additional expenses of a local government that are related to the 19
provisions of this act. 20
Sec. 6. This act becomes effective on July 1, 2025. 21
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