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: (1) has failed, after receiving notice, to comply with a subpoena or warrant relating to paternity or child support proceedings; or (2) is in arrears in the payment of support for one or more children. (42 U.S.C. § 666) Existing law requires the district attorney or other public agency collecting support for children to report to the Department of Motor Vehicles the name of a person who has, after receiving notice, failed to comply with a subpoena or warrant relating to paternity or child support proceedings or who is in arrears in the payment of support for one or more children. (NRS 425.510) After receiving such a report, existing law requires the Department to suspend the driver's license and, if applicable, the motorcycle driver's license of the person. (NRS 483.443, 486.165) Section 1 of this bill authorizes, rather than requires, the district attorney or other public agency to provide such a report to the Department 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 named in the report would be an impediment to his or her present or potential employment. Section 1 also provides that, for the purposes of issuing such a report to the Department, a person is not in arrears in the payment of support for one or more children unless the person: (1) is delinquent for not less than 6 months in support payments or any payments ordered by a court for arrearages in such payments; or (2) has failed to provide medical insurance for a child as required by a court order. Section 5 of this bill makes a conforming change to clarify the applicability of provisions governing when a person is in arrears for the support of one or more children for the purposes of other provisions providing for the suspension of professional, occupational and recreational licenses. 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 the 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: (1) the requirement that the district attorney or public agency collecting support for children make reports to the Department of Wildlife; and (2) the criteria under existing law for determining when a person is in arrears in the payment of support for one or more children for those purposes. (NRS 425.510, 425.560) Section 3 of this bill establishes the applicability of definitions. 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 collecting payment obligations for the support of children. Existing federal law makes certain federal funding and payments contingent on the performance of each state in carrying out such a program. (42 U.S.C. §§ 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) 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.

Statutes affected:
As Introduced: 425.365, 425.500, 425.510, 425.560
BDR: 425.365, 425.500, 425.510, 425.560