Text of NV AB 229 (2017)

A.B. 229 - *AB229* ASSEMBLY BILL NO. 229–ASSEMBLYMEN SPIEGEL, ARAUJO, CARRILLO; COHEN, FLORES, FRIERSON, FUMO AND JOINER FEBRUARY 21, 2017 ____________ JOINT SPONSORS: SENATORS PARKS, MANENDO, ATKINSON, SPEARMAN; AND SEGERBLOM ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing domestic relations. (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. AN ACT relating to domestic relations; authorizing the marriage of two persons of any gender under certain circumstances; revising provisions relating to the division of community property and liabilities in certain domestic relations actions; revising certain provisions governing domestic relations; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under the Nevada Constitution, only marriage between one man and one 1 woman is recognized. (Nev. Const. Art. 1, § 21) Existing law currently provides 2 that one man and one woman may be joined in marriage. (NRS 122.020) On 3 June 26, 2015, the Supreme Court of the United States held that under the 4 Fourteenth Amendment of the United States Constitution: (1) same-sex couples 5 may exercise the fundamental right to marry; (2) state laws that exclude same-sex 6 couples from civil marriage on the same terms and conditions as opposite-sex 7 couples are invalid; and (3) states may not refuse to recognize a same-sex marriage 8 that was lawfully licensed and performed in another state. Obergefell v. Hodges, 9 135 S.Ct. 2584 (2015) Section 1 of this bill authorizes two persons, regardless of 10 gender, to be joined in marriage. Sections 2-90 of this bill make conforming 11 changes related to same-sex couples and parents. 12 – 2 – - *AB229* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 122.020 is hereby amended to read as follows: 1 122.020 1. Except as otherwise provided in this section, [a 2 male and a female person,] two persons, regardless of gender, at 3 least 18 years of age, not nearer of kin than second cousins or 4 cousins of the half blood, and not having a [husband or wife] spouse 5 living, may be joined in marriage. 6 2. [A male and a female person] Two persons, regardless of 7 gender, who are [the husband and wife of] married to each other 8 may be rejoined in marriage if the record of their marriage has been 9 lost or destroyed or is otherwise unobtainable. 10 3. A person at least 16 years of age but less than 18 years of 11 age may marry only if the person has the consent of: 12 (a) Either parent; or 13 (b) Such person’s legal guardian. 14 Sec. 2. NRS 122.050 is hereby amended to read as follows: 15 122.050 The marriage license must contain the name of each 16 applicant as shown in the documents presented pursuant to 17 subsection 2 of NRS 122.040 and must be substantially in the 18 following form: 19 20 MARRIAGE LICENSE 21 (EXPIRES 1 YEAR AFTER ISSUANCE) 22 23 State of Nevada } 24 }ss. 25 County of ......................... } 26 27 These presents are to authorize any minister, other church 28 or religious official authorized to solemnize a marriage or 29 notary public who has obtained a certificate of permission to 30 perform marriages, any Supreme Court justice, judge of the 31 Court of Appeals or district judge within this State, or justice 32 of the peace within a township wherein the justice of the 33 peace is permitted to solemnize marriages or if authorized 34 pursuant to subsection 3 of NRS 122.080, or a municipal 35 judge if authorized pursuant to subsection 4 of NRS 122.080 36 or any commissioner of civil marriages or his or her deputy 37 within a commissioner township wherein they are permitted 38 to solemnize marriages, to join in marriage ........ of (City, 39 town or location) ........, State of ........ State of birth (If not in 40 U.S.A., name of country) ........; Date of birth ........ [Father’s 41 name] Name of Parent No. 1 ........ [Father’s state] State of 42 – 3 – - *AB229* birth of Parent No. 1 (If not in U.S.A., name of country) 1 ........ [Mother’s maiden] Maiden name of Parent No. 2 ........ 2 [Mother’s state] State of birth of Parent No. 2 (If not in 3 U.S.A., name of country) ........ Number of this marriage (1st, 4 2nd, etc.) ..... [Wife deceased] Former Spouse: Deceased 5 ........ Divorced ........ Annulled ........ When ........ Where ........ 6 And ........ of (City, town or location) ........, State of ........ 7 State of birth (If not in U.S.A., name of country) ........; Date 8 of birth ........ [Father’s name] Name of Parent No. 1 ........ 9 [Father’s state] State of birth of Parent No. 1 (If not in 10 U.S.A., name of country) ........ [Mother’s maiden] Maiden 11 name of Parent No. 2 ........ [Mother’s state] State of birth of 12 Parent No. 2 (If not in U.S.A., name of country) ........ 13 Number of this marriage (1st, 2nd, etc.) ........ [Husband 14 deceased] Former Spouse: Deceased ........ Divorced ........ 15 Annulled ........ When ........ Where ........; and to certify the 16 marriage according to law. 17 Witness my hand and the seal of the county, this ..... day 18 of the month of ………. of the year ............ 19 20 ........................................... 21 (Seal) Clerk 22 23 ........................................... 24 Deputy clerk 25 Sec. 3. NRS 122.062 is hereby amended to read as follows: 26 122.062 1. Any licensed, ordained or appointed minister or 27 other church or religious official authorized to solemnize a marriage 28 in good standing within his or her church or religious organization, 29 or either of them, incorporated, organized or established in this 30 State, or a notary public appointed by the Secretary of State 31 pursuant to chapter 240 of NRS and in good standing with the 32 Secretary of State, may join together [as husband and wife] in 33 marriage persons who present a marriage license obtained from any 34 county clerk of the State, if the minister, other church or religious 35 official authorized to solemnize a marriage or notary public first 36 obtains a certificate of permission to perform marriages as provided 37 in NRS 122.062 to 122.073, inclusive. The fact that a minister or 38 other church or religious official authorized to solemnize a marriage 39 is retired does not disqualify him or her from obtaining a certificate 40 of permission to perform marriages if, before retirement, the 41 minister or other church or religious official authorized to solemnize 42 a marriage had active charge of a church or religious organization 43 for a period of at least 3 years. 44 – 4 – - *AB229* 2. A temporary replacement for a licensed, ordained or 1 appointed minister or other church or religious official authorized to 2 solemnize a marriage certified pursuant to NRS 122.062 to 122.073, 3 inclusive, may solemnize marriages pursuant to subsection 1 for a 4 period not to exceed 90 days, if the requirements of this subsection 5 are satisfied. The minister or other church or religious official 6 authorized to solemnize a marriage whom he or she temporarily 7 replaces shall provide him or her with a written authorization which 8 states the period during which it is effective, and the temporary 9 replacement shall obtain from the county clerk in the county in 10 which he or she is a temporary replacement a written authorization 11 to solemnize marriage and submit to the county clerk an application 12 fee of $25. 13 3. Any chaplain who is assigned to duty in this State by the 14 Armed Forces of the United States may solemnize marriages if the 15 chaplain obtains a certificate of permission to perform marriages 16 from the county clerk of the county in which his or her duty station 17 is located. The county clerk shall issue such a certificate to a 18 chaplain upon proof of his or her military status as a chaplain and of 19 his or her assignment. 20 4. A licensed, ordained or appointed minister, other church or 21 religious official authorized to solemnize a marriage, active or 22 retired, or a notary public may submit to the county clerk in the 23 county in which a marriage is to be performed an application to 24 perform a specific marriage in the county. The application must: 25 (a) Include the full names and addresses of the persons to be 26 married; 27 (b) Include the date and location of the marriage ceremony; 28 (c) Include the information and documents required pursuant to 29 subsection 1 of NRS 122.064; and 30 (d) Be accompanied by an application fee of $25. 31 5. A county clerk may grant authorization to perform a specific 32 marriage to a person who submitted an application pursuant to 33 subsection 4 if the county clerk is satisfied that the minister or other 34 church or religious official authorized to solemnize a marriage, 35 whether he or she is active or retired, is in good standing with his or 36 her church or religious organization or, in the case of a notary 37 public, if the notary public is in good standing with the Secretary of 38 State. The authorization must be in writing and need not be filed 39 with any other public officer. A separate authorization is required 40 for each marriage performed. A person may not obtain more than 41 five authorizations to perform a specific marriage pursuant to this 42 section in any calendar year and must acknowledge that he or she is 43 subject to the jurisdiction of the county clerk with respect to the 44 provisions of this chapter governing the conduct of ministers, other 45 – 5 – - *AB229* church or religious officials authorized to solemnize a marriage or 1 notaries public to the same extent as if he or she had obtained a 2 certificate of permission to perform marriages. 3 Sec. 4. NRS 122.080 is hereby amended to read as follows: 4 122.080 1. After receipt of the marriage license previously 5 issued to persons wishing to be married as provided in NRS 122.040 6 and 122.050, it is lawful for any justice of the Supreme Court, any 7 judge of the Court of Appeals, any judge of the district court, any 8 justice of the peace in his or her township if it is not a commissioner 9 township, any justice of the peace in a commissioner township if 10 authorized pursuant to subsection 3, any municipal judge if 11 authorized pursuant to subsection 4, any commissioner of civil 12 marriages within his or her county and within a commissioner 13 township therein, or any deputy commissioner of civil marriages 14 within the county of his or her appointment and within a 15 commissioner township therein, to join together [as husband and 16 wife] in marriage all persons not prohibited by this chapter. 17 2. This section does not prohibit: 18 (a) A justice of the peace of one township, while acting in the 19 place and stead of the justice of the peace of any other township, 20 from performing marriage ceremonies within the other township, if 21 such other township is not a commissioner township. 22 (b) A justice of the peace of one township performing marriages 23 in another township of the same county where there is no duly 24 qualified and acting justice of the peace, if such other township is 25 not a commissioner township or if he or she is authorized to perform 26 the marriage pursuant to subsection 3. 27 3. In any calendar year, a justice of the peace may perform not 28 more than 20 marriage ceremonies in commissioner townships if he 29 or she does not accept any fee, gratuity, gift, honorarium or anything 30 of value for or in connection with solemnizing the marriage other 31 than a nonmonetary gift that is of nominal value. 32 4. In any calendar year, a municipal judge may perform not 33 more than 20 marriage ceremonies in this State if he or she does not 34 accept any fee, gratuity, gift, honorarium or anything of value for or 35 in connection with solemnizing the marriage other than a 36 nonmonetary gift that is of nominal value. 37 5. Any justice of the peace who performs a marriage ceremony 38 in a commissioner township or any municipal judge who performs a 39 marriage ceremony in this State and who, in violation of this 40 section, accepts any fee, gratuity, gift, honorarium or anything of 41 value for or in connection with solemnizing the marriage is guilty of 42 a misdemeanor. 43 – 6 – - *AB229* Sec. 5. NRS 122.110 is hereby amended to read as follows: 1 122.110 1. In the solemnization of marriage, no particular 2 form is required except that the parties shall declare, in the presence 3 of the justice, judge, minister or other church or religious official 4 authorized to solemnize a marriage, notary public to whom a 5 certificate of permission to perform marriages has been issued, 6 justice of the peace, commissioner of civil marriages or deputy 7 commissioner of civil marriages, and the attending witness, that they 8 take each other as [husband and wife.] spouses. 9 2. In every case, there shall be at least one witness present 10 besides the person performing the ceremony. 11 Sec. 6. NRS 122.120 is hereby amended to read as follows: 12 122.120 1. After a marriage is solemnized, the person 13 solemnizing the marriage shall give to each couple being married a 14 certificate of marriage. 15 2. The certificate of marriage must contain the date of birth of 16 each applicant as contained in the form of marriage license pursuant 17 to NRS 122.050. If [a male and female person] two persons, 18 regardless of gender, who are [the husband and wife] spouses of 19 each other are being rejoined in marriage pursuant to subsection 2 of 20 NRS 122.020, the certificate of marriage must state that the [male 21 and female person] persons were rejoined in marriage and that the 22 certificate is replacing a record of marriage which was lost or 23 destroyed or is otherwise unobtainable. The certificate of marriage 24 must be in substantially the following form: 25 26 STATE OF NEVADA 27 MARRIAGE CERTIFICATE 28 29 State of Nevada } 30 }ss. 31 County of ......................... } 32 33 This is to certify that the undersigned, ................................ 34 (a minister or other church or religious official authorized to 35 solemnize a marriage, notary public, judge, justice of the 36 peace of ................................ County, commissioner of civil 37 marriages or deputy commissioner of civil marriages, as the 38 case may be), did on the ................ day of the month of 39 ………. of the year ..............., at ................ (address or 40 church), ................ (city), Nevada, join or rejoin, as the case 41 may be, in lawful wedlock ................ (name), of ................ 42 (city), State of ................, date of birth ................, and 43 ................ (name), of ................(city), State of ................, date 44 of birth ................, with their mutual consent, in the presence 45 – 7 – - *AB229* of ................ and ................ (witnesses). (If [a male and 1 female person] two persons, regardless of gender, who are 2 the [husband and wife] spouses of each other are being 3 rejoined in marriage pursuant to subsection 2 of NRS 4 122.020, this certificate replaces the record of the marriage of 5 the [male and female person] persons who are being rejoined 6 in marriage.) 7 8 ........................................................ 9 Signature of person performing 10 (Seal of County Clerk) the marriage 11 12 ........................................................ 13 Name under signature typewritten 14 or printed in black ink 15 16 ............................................ 17 County Clerk 18 19 ........................................................ 20 Official title of person 21 performing the marriage 22 23 ............................................ 24 25 ............................................ 26 Couple’s mailing address 27 28 3. All information contained in the certificate of marriage must 29 be typewritten or legibly printed in black ink, except the signatures. 30 The signature of the person performing the marriage must be an 31 original signature. 32 Sec. 7. NRS 122.220 is hereby amended to read as follows: 33 122.220 1. It is unlawful for any Supreme Court justice, 34 judge of the Court of Appeals, judge of a district court, justice of the 35 peace, municipal judge, minister or other church or religious official 36 authorized to solemnize a marriage, notary public, commissioner of 37 civil marriages or deputy commissioner of civil marriages to join 38 together as [husband and wife] spouses persons allowed by law to 39 be joined in marriage, until the persons proposing such marriage 40 exhibit to him or her a license from the county clerk as provided by 41 law. 42 2. Any Supreme Court justice, judge of the Court of Appeals, 43 judge of a district court, justice of the peace, municipal judge, 44 minister or other church or religious official authorized to solemnize 45 – 8 – - *AB229* a marriage, notary public, commissioner of civil marriages or deputy 1 commissioner of civil marriages who violates the provisions of 2 subsection 1 is guilty of a misdemeanor. 3 Sec. 8. NRS 123.010 is hereby amended to read as follows: 4 123.010 1. The property rights of [husband and wife] a 5 married couple are governed by this chapter, unless there is: 6 (a) A premarital agreement which is enforceable pursuant to 7 chapter 123A of NRS; or 8 (b) A marriage contract or settlement, 9 ¬ containing stipulations contrary thereto. 10 2. Chapter 76, Statutes of Nevada 1865, is repealed, but no 11 rights vested or proceedings taken before March 10, 1873, shall be 12 affected by anything contained in this chapter of NRS. 13 Sec. 9. NRS 123.020 is hereby amended to read as follows: 14 123.020 No estate is allowed [the husband] one spouse as 15 tenant by curtesy upon the death of his [wife,] or her spouse, nor is 16 any estate in dower allotted to the [wife] other spouse upon the 17 death of his or her [husband.] spouse. 18 Sec. 10. NRS 123.030 is hereby amended to read as follows: 19 123.030 A [husband and wife] married couple may hold real 20 or personal property as joint tenants, tenants in common, or as 21 community property. 22 Sec. 11. NRS 123.060 is hereby amended to read as follows: 23 123.060 Except as mentioned in NRS 123.070, neither 24 [husband nor wife] spouse has any interest in the property of the 25 other [.] spouse. 26 Sec. 12. NRS 123.070 is hereby amended to read as follows: 27 123.070 Either [husband or wife] spouse may enter into any 28 contract, engagement or transaction with the other [,] spouse, or 29 with any other person respecting property, which either might enter 30 into if unmarried, subject in any contract, engagement or transaction 31 between themselves, to the general rules which control the actions 32 of persons occupying relations of confidence and trust toward each 33 other. 34 Sec. 13. NRS 123.080 is hereby amended to read as follows: 35 123.080 1. A [husband and wife] married couple cannot by 36 any contract with each other alter their legal relations except as to 37 property, and except that they may agree to an immediate separation 38 and may make provision for the support of either of them and of 39 their children during such separation. 40 2. The mutual consent of the parties is a sufficient 41 consideration for such an agreement as is mentioned in subsection 1. 42 3. In the event that a suit for divorce is pending or immediately 43 contemplated by one of the spouses against the other, the validity of 44 such agreement shall not be affected by a provision therein that the 45 – 9 – - *AB229* agreement is made for the purpose of removing the subject matter 1 thereof from the field of litigation, and that in the event of a divorce 2 being granted to either party, the agreement shall become effective 3 and not otherwise. 4 4. If a contract executed by a [husband and wife,] married 5 couple, or a copy thereof, be introduced in evidence as an exhibit in 6 any divorce action, and the court shall by decree or judgment ratify 7 or adopt or approve the contract by reference thereto, the decree or 8 judgment shall have the same force and effect and legal 9 consequences as though the contract were copied into the decree, or 10 attached thereto. 11 Sec. 14. NRS 123.090 is hereby amended to read as follows: 12 123.090 If [the husband] a spouse neglects to make adequate 13 provision for the support of his [wife,] or her spouse, any other 14 person may in good faith supply [her] the neglected spouse with 15 articles necessary for his or her support, and recover the reasonable 16 value thereof from the [husband.] neglecting spouse. The separate 17 property of the [husband] neglecting spouse is liable for the cost of 18 such necessities if the community property of the spouses is not 19 sufficient to satisfy such debt. 20 Sec. 15. NRS 123.100 is hereby amended to read as follows: 21 123.100 A [husband or wife] spouse abandoned by his or her 22 spouse is not liable for the support of the abandoning spouse until 23 such spouse offers to return unless the misconduct of the [husband 24 or wife] abandoned spouse justified the abandonment. 25 Sec. 16. NRS 123.110 is hereby amended to read as follows: 26 123.110 [The wife] A spouse must support [the husband] his 27 or her spouse out of his or her separate property when [he] the 28 spouse has no separate property and they have no community 29 property and [he,] the spouse, from infirmity, is not able or 30 competent to support himself [.] or herself. 31 Sec. 17. NRS 123.121 is hereby amended to read as follows: 32 123.121 When [a husband and wife] spouses sue jointly, any 33 damages awarded shall be segregated as follows: 34 1. If the action is for personal injuries, damages assessed for: 35 (a) Personal injuries and pain and suffering, to the injured 36 spouse as his or her separate property. 37 (b) Loss of comfort and society, to the spouse who suffers such 38 loss. 39 (c) Loss of services and hospital and medical expenses, to the 40 spouses as community property. 41 2. If the action is for injury to property, damages shall be 42 awarded according to the character of the injured property. Damages 43 to separate property shall be awarded to the spouse owning such 44 – 10 – - *AB229* property, and damages to community property shall be awarded to 1 the spouses as community property. 2 Sec. 18. NRS 123.130 is hereby amended to read as follows: 3 123.130 [1.] All property of [the wife] a spouse owned by 4 him or her before marriage, and that was acquired by him or her 5 afterwards by gift, bequest, devise, descent or by an award for 6 personal injury damages, with the rents, issues and profits thereof, is 7 his or her separate property. 8 [2. All property of the husband owned by him before marriage, 9 and that acquired by him afterwards by gift, bequest, devise, descent 10 or by an award for personal injury damages, with the rents, issues 11 and profits thereof, is his separate property.] 12 Sec. 19. NRS 123.180 is hereby amended to read as follows: 13 123.180 1. Any property acquired by a child by gift, bequest, 14 devise or descent, with the rents, issues and profits thereof, is the 15 child’s own property, and neither parent is entitled to any interest 16 therein. 17 2. The earnings and accumulations of earnings of a minor child 18 are the community property of his or her parents unless relinquished 19 to the child. Such relinquishment may be shown by written 20 instrument, proof of a specific oral gift, or proof of a course of 21 conduct. 22 3. When a [husband and wife are] married couple is living 23 separate and apart the earnings and accumulations of earnings of 24 their minor children, unless relinquished, are the separate property 25 of the spouse who has their custody or, if no custody award has been 26 made, then the separate property of the spouse with whom such 27 children are living. 28 Sec. 20. NRS 123.190 is hereby amended to read as follows: 29 123.190 [1.] When [the husband] a spouse has given written 30 authority to [the wife] his or her spouse to appropriate to his or her 31 own use [her] the spouse’s earnings, the same, with the issues and 32 profits thereof, is deemed a gift from [him to her,] one spouse to the 33 other, and is, with such issues and profits, [her] the latter spouse’s 34 separate property. 35 [2. When the wife has given written authority to the husband to 36 appropriate to his own use his earnings, the same, with the issues 37 and profits thereof, is deemed a gift from her to him, and is, with 38 such issues and profits, his separate property.] 39 Sec. 21. NRS 123.220 is hereby amended to read as follows: 40 123.220 All property, other than that stated in NRS 123.130, 41 acquired after marriage by either [husband or wife,] spouse or both 42 [,] spouses, is community property unless otherwise provided by: 43 1. An agreement in writing between the spouses. 44 – 11 – - *AB229* 2. A decree of separate maintenance issued by a court of 1 competent jurisdiction. 2 3. NRS 123.190. 3 4. A decree issued or agreement in writing entered pursuant to 4 NRS 123.259. 5 Sec. 22. NRS 123.225 is hereby amended to read as follows: 6 123.225 1. The respective interests of [the husband and wife] 7 each spouse in community property during continuance of the 8 marriage relation are present, existing and equal interests, subject to 9 the provisions of NRS 123.230. 10 2. The provisions of this section apply to all community 11 property, whether the community property was acquired before, on 12 or after March 26, 1959. 13 Sec. 23. NRS 123.250 is hereby amended to read as follows: 14 123.250 1. Except as otherwise provided in subsection 2, 15 upon the death of either [husband or wife:] spouse: 16 (a) An undivided one-half interest in the community property is 17 the property of the surviving spouse and his or her sole separate 18 property. 19 (b) The remaining interest: 20 (1) Is subject to the testamentary disposition of the decedent 21 or, in the absence of such a testamentary disposition, goes to the 22 surviving spouse; and 23 (2) Is the only portion subject to administration under the 24 provisions of title 12 of NRS. 25 2. The provisions of this section: 26 (a) Do not apply to the extent that they are inconsistent with the 27 provisions of chapter 41B of NRS. 28 (b) Do not apply to community property with right of 29 survivorship. 30 (c) Apply to all other community property, whether the 31 community property was acquired before, on or after July 1, 1975. 32 3. As used in this section, “community property with right of 33 survivorship” means community property in which a right of 34 survivorship exists pursuant to NRS 111.064 or 115.060 or any 35 other provision of law. 36 Sec. 24. NRS 123.259 is hereby amended to read as follows: 37 123.259 1. Except as otherwise provided in subsection 2, a 38 court of competent jurisdiction may, upon a proper petition filed by 39 a spouse or the guardian of a spouse, enter a decree dividing the 40 income and resources of a [husband and wife] married couple 41 pursuant to this section if one spouse is an institutionalized spouse 42 and the other spouse is a community spouse. 43 – 12 – - *AB229* 2. The court shall not enter such a decree if the division is 1 contrary to a premarital agreement between the spouses which is 2 enforceable pursuant to chapter 123A of NRS. 3 3. Unless modified pursuant to subsection 4 or 5, the court may 4 divide the income and resources: 5 (a) Equally between the spouses; or 6 (b) By protecting income for the community spouse through 7 application of the maximum federal minimum monthly maintenance 8 needs allowance set forth in 42 U.S.C. § 1396r-5(d)(3)(C) and by 9 permitting a transfer of resources to the community spouse an 10 amount which does not exceed the amount set forth in 42 U.S.C. § 11 1396r-5(f)(2)(A)(ii). 12 4. If either spouse establishes that the community spouse needs 13 income greater than that otherwise provided under paragraph (b) of 14 subsection 3, upon finding exceptional circumstances resulting in 15 significant financial duress and setting forth in writing the reasons 16 for that finding, the court may enter an order for support against the 17 institutionalized spouse for the support of the community spouse in 18 an amount adequate to provide such additional income as is 19 necessary. 20 5. If either spouse establishes that a transfer of resources to the 21 community spouse pursuant to paragraph (b) of subsection 3, in 22 relation to the amount of income generated by such a transfer, is 23 inadequate to raise the income of the community spouse to the 24 amount allowed under paragraph (b) of subsection 3 or an order for 25 support issued pursuant to subsection 4, the court may substitute an 26 amount of resources adequate to provide income to fund the amount 27 so allowed or to fund the order for support. 28 6. A copy of a petition for relief under subsection 4 or 5 and 29 any court order issued pursuant to such a petition must be served on 30 the Administrator of the Division of Welfare and Supportive 31 Services of the Department of Health and Human Services when 32 any application for medical assistance is made by or on behalf of an 33 institutionalized spouse. The Administrator may intervene no later 34 than 45 days after receipt by the Division of Welfare and Supportive 35 Services of the Department of Health and Human Services of an 36 application for medical assistance and a copy of the petition and any 37 order entered pursuant to subsection 4 or 5, and may move to 38 modify the order. 39 7. A person may enter into a written agreement with his or her 40 spouse dividing their community income, assets and obligations into 41 equal shares of separate income, assets and obligations of the 42 spouses. Such an agreement is effective only if one spouse is an 43 institutionalized spouse and the other spouse is a community spouse 44 – 13 – - *AB229* or a division of the income or resources would allow one spouse to 1 qualify for services under NRS 427A.250 to 427A.280, inclusive. 2 8. An agreement entered into or decree entered pursuant to this 3 section may not be binding on the Division of Welfare and 4 Supportive Services of the Department of Health and Human 5 Services in making determinations under the State Plan for 6 Medicaid. 7 9. As used in this section, “community spouse” and 8 “institutionalized spouse” have the meanings respectively ascribed 9 to them in 42 U.S.C. § 1396r-5(h). 10 Sec. 25. NRS 125.010 is hereby amended to read as follows: 11 125.010 Divorce from the bonds of matrimony may be 12 obtained for any of the following causes: 13 1. Insanity existing for 2 years prior to the commencement of 14 the action. Upon this cause of action the court, before granting a 15 divorce, shall require corroborative evidence of the insanity of the 16 defendant at that time, and a decree granted on this ground shall not 17 relieve the successful party from contributing to the support and 18 maintenance of the defendant, and the court may require the plaintiff 19 in such action to give bond therefor in an amount to be fixed by the 20 court. 21 2. When the [husband and wife] spouses have lived separate 22 and apart for 1 year without cohabitation the court may, in its 23 discretion, grant an absolute decree of divorce at the suit of either 24 party. 25 3. Incompatibility. 26 Sec. 26. NRS 125.130 is hereby amended to read as follows: 27 125.130 1. A judgment or decree of divorce granted pursuant 28 to the provisions of this chapter is a final decree. 29 2. Whenever a decree of divorce from the bonds of matrimony 30 is granted in this State by a court of competent authority, the decree 31 fully and completely dissolves the marriage contract as to both 32 parties. 33 3. A court that grants a decree of divorce pursuant to the 34 provisions of this section shall ensure that the social security 35 numbers of both parties are placed in the records relating to the 36 matter and, except as otherwise required to carry out a specific 37 statute, maintained in a confidential manner. 38 4. In all suits for divorce, if a divorce is granted, the court may, 39 for just and reasonable cause and by an appropriate order embodied 40 in its decree, change the name of [the wife] either party to any 41 former name which he or she has legally borne. 42 Sec. 27. NRS 125.150 is hereby amended to read as follows: 43 125.150 Except as otherwise provided in NRS 125.155 and 44 125.165, and unless the action is contrary to a premarital agreement 45 – 14 – - *AB229* between the parties which is enforceable pursuant to chapter 123A 1 of NRS: 2 1. In granting a divorce, the court: 3 (a) May award such alimony to [the wife or to the husband,] 4 either spouse, in a specified principal sum or as specified periodic 5 payments, as appears just and equitable; and 6 (b) Shall, to the extent practicable, make an equal disposition of 7 the community property of the parties, except that the court may 8 make an unequal disposition of the community property in such 9 proportions as it deems just if the court finds a compelling reason to 10 do so and sets forth in writing the reasons for making the unequal 11 disposition. 12 2. Except as otherwise provided in this subsection, in granting 13 a divorce, the court shall dispose of any property held in joint 14 tenancy in the manner set forth in subsection 1 for the disposition of 15 community property. If a party has made a contribution of separate 16 property to the acquisition or improvement of property held in joint 17 tenancy, the court may provide for the reimbursement of that party 18 for his or her contribution. The amount of reimbursement must not 19 exceed the amount of the contribution of separate property that can 20 be traced to the acquisition or improvement of property held in joint 21 tenancy, without interest or any adjustment because of an increase in 22 the value of the property held in joint tenancy. The amount of 23 reimbursement must not exceed the value, at the time of the 24 disposition, of the property held in joint tenancy for which the 25 contribution of separate property was made. In determining whether 26 to provide for the reimbursement, in whole or in part, of a party who 27 has contributed separate property, the court shall consider: 28 (a) The intention of the parties in placing the property in joint 29 tenancy; 30 (b) The length of the marriage; and 31 (c) Any other factor which the court deems relevant in making a 32 just and equitable disposition of that property. 33 ¬ As used in this subsection, “contribution” includes, without 34 limitation, a down payment, a payment for the acquisition or 35 improvement of property, and a payment reducing the principal of a 36 loan used to finance the purchase or improvement of property. The 37 term does not include a payment of interest on a loan used to finance 38 the purchase or improvement of property, or a payment made for 39 maintenance, insurance or taxes on property. 40 3. A party may file a postjudgment motion in any action for 41 divorce, annulment or separate maintenance to obtain adjudication 42 of any community property or liability omitted from the decree or 43 judgment as the result of fraud or mistake. A motion pursuant to this 44 subsection must be filed within 3 years after the discovery by the 45 – 15 – - *AB229* aggrieved party of the facts constituting the fraud or mistake. The 1 court has continuing jurisdiction to hear such a motion and shall 2 equally divide the omitted community property or liability between 3 the parties unless the court finds that: 4 (a) The community property or liability was included in a prior 5 equal disposition of the community property of the parties or in an 6 unequal disposition of the community property of the parties which 7 was made pursuant to written findings of a compelling reason for 8 making that unequal disposition; or 9 (b) The court determines a compelling reason in the interests of 10 justice to make an unequal disposition of the community property or 11 liability and sets forth in writing the reasons for making the unequal 12 disposition. 13 ¬ If a motion pursuant to this subsection results in a judgment 14 dividing a defined benefit pension plan, the judgment may not be 15 enforced against an installment payment made by the plan more 16 than 6 years after the installment payment. 17 4. Except as otherwise provided in NRS 125.141, whether or 18 not application for suit money has been made under the provisions 19 of NRS 125.040, the court may award a reasonable attorney’s fee to 20 either party to an action for divorce. 21 5. In granting a divorce, the court may also set apart such 22 portion of the [husband’s] separate property of either spouse for the 23 [wife’s] other spouse’s support [, the wife’s separate property for 24 the husband’s support] or the separate property of either spouse for 25 the support of their children as is deemed just and equitable. 26 6. In the event of the death of either party or the subsequent 27 remarriage of the spouse to whom specified periodic payments were 28 to be made, all the payments required by the decree must cease, 29 unless it was otherwise ordered by the court. 30 7. If the court adjudicates the property rights of the parties, or 31 an agreement by the parties settling their property rights has been 32 approved by the court, whether or not the court has retained 33 jurisdiction to modify them, the adjudication of property rights, and 34 the agreements settling property rights, may nevertheless at any time 35 thereafter be modified by the court upon written stipulation signed 36 and acknowledged by the parties to the action, and in accordance 37 with the terms thereof. 38 8. If a decree of divorce, or an agreement between the parties 39 which was ratified, adopted or approved in a decree of divorce, 40 provides for specified periodic payments of alimony, the decree or 41 agreement is not subject to modification by the court as to accrued 42 payments. Payments pursuant to a decree entered on or after July 1, 43 1975, which have not accrued at the time a motion for modification 44 is filed may be modified upon a showing of changed circumstances, 45 – 16 – - *AB229* whether or not the court has expressly retained jurisdiction for the 1 modification. In addition to any other factors the court considers 2 relevant in determining whether to modify the order, the court shall 3 consider whether the income of the spouse who is ordered to pay 4 alimony, as indicated on the spouse’s federal income tax return for 5 the preceding calendar year, has been reduced to such a level that 6 the spouse is financially unable to pay the amount of alimony the 7 spouse has been ordered to pay. 8 9. In addition to any other factors the court considers relevant 9 in determining whether to award alimony and the amount of such an 10 award, the court shall consider: 11 (a) The financial condition of each spouse; 12 (b) The nature and value of the respective property of each 13 spouse; 14 (c) The contribution of each spouse to any property held by the 15 spouses pursuant to NRS 123.030; 16 (d) The duration of the marriage; 17 (e) The income, earning capacity, age and health of each spouse; 18 (f) The standard of living during the marriage; 19 (g) The career before the marriage of the spouse who would 20 receive the alimony; 21 (h) The existence of specialized education or training or the 22 level of marketable skills attained by each spouse during the 23 marriage; 24 (i) The contribution of either spouse as homemaker; 25 (j) The award of property granted by the court in the divorce, 26 other than child support and alimony, to the spouse who would 27 receive the alimony; and 28 (k) The physical and mental condition of each party as it relates 29 to the financial condition, health and ability to work of that spouse. 30 10. In granting a divorce, the court shall consider the need to 31 grant alimony to a spouse for the purpose of obtaining training or 32 education relating to a job, career or profession. In addition to any 33 other factors the court considers relevant in determining whether 34 such alimony should be granted, the court shall consider: 35 (a) Whether the spouse who would pay such alimony has 36 obtained greater job skills or education during the marriage; and 37 (b) Whether the spouse who would receive such alimony 38 provided financial support while the other spouse obtained job skills 39 or education. 40 11. If the court determines that alimony should be awarded 41 pursuant to the provisions of subsection 10: 42 (a) The court, in its order, shall provide for the time within 43 which the spouse who is the recipient of the alimony must 44 – 17 – - *AB229* commence the training or education relating to a job, career or 1 profession. 2 (b) The spouse who is ordered to pay the alimony may, upon 3 changed circumstances, file a motion to modify the order. 4 (c) The spouse who is the recipient of the alimony may be 5 granted, in addition to any other alimony granted by the court, 6 money to provide for: 7 (1) Testing of the recipient’s skills relating to a job, career or 8 profession; 9 (2) Evaluation of the recipient’s abilities and goals relating to 10 a job, career or profession; 11 (3) Guidance for the recipient in establishing a specific plan 12 for training or education relating to a job, career or profession; 13 (4) Subsidization of an employer’s costs incurred in training 14 the recipient; 15 (5) Assisting the recipient to search for a job; or 16 (6) Payment of the costs of tuition, books and fees for: 17 (I) The equivalent of a high school diploma; 18 (II) College courses which are directly applicable to the 19 recipient’s goals for his or her career; or 20 (III) Courses of training in skills desirable for 21 employment. 22 12. For the purposes of this section, a change of 20 percent or 23 more in the gross monthly income of a spouse who is ordered to pay 24 alimony shall be deemed to constitute changed circumstances 25 requiring a review for modification of the payments of alimony. As 26 used in this subsection, “gross monthly income” has the meaning 27 ascribed to it in NRS 125B.070. 28 Sec. 28. NRS 125.181 is hereby amended to read as follows: 29 125.181 A marriage may be dissolved by the summary 30 procedure for divorce set forth in NRS 125.181 to 125.184, 31 inclusive, when all of the following conditions exist at the time the 32 proceeding is commenced: 33 1. Either party has met the jurisdictional requirements of 34 NRS 125.020. 35 2. The [husband and wife] spouses have lived separate and 36 apart for 1 year without cohabitation or they are incompatible. 37 3. There are no minor children of the relationship of the parties 38 born before or during the marriage or adopted by the parties during 39 the marriage and [the] a wife, to her knowledge, is not pregnant, or 40 the parties have executed an agreement as to the custody of any 41 children and setting forth the amount and manner of their support. 42 4. There is no community or joint property or the parties have 43 executed an agreement setting forth the division of community 44 property and the assumption of liabilities of the community, if any, 45 – 18 – - *AB229* and have executed any deeds, certificates of title, bills of sale or 1 other evidence of transfer necessary to effectuate the agreement. 2 5. The parties waive any rights to spousal support or the parties 3 have executed an agreement setting forth the amount and manner of 4 spousal support. 5 6. The parties waive their respective rights to written notice of 6 entry of the decree of divorce, to appeal, to request findings of fact 7 and conclusions of law and to move for a new trial. 8 7. The parties desire that the court enter a decree of divorce. 9 Sec. 29. NRS 125.182 is hereby amended to read as follows: 10 125.182 1. A summary proceeding for divorce may be 11 commenced by filing in any district court a joint petition, signed 12 under oath by both [the husband and the wife,] spouses, stating that 13 as of the date of filing, every condition set forth in NRS 125.181 has 14 been met and specifying the: 15 (a) Facts which support the jurisdictional requirements of NRS 16 125.020; and 17 (b) Grounds for the divorce. 18 2. The petition must also state: 19 (a) The date and the place of the marriage. 20 (b) The mailing address of both [the husband and the wife.] 21 spouses. 22 (c) Whether there are minor children of the relationship of the 23 parties born before or during the marriage or adopted by the parties 24 during the marriage, or [the] a wife, to her knowledge, is pregnant. 25 (d) Whether [the wife] either spouse elects to have his or her 26 maiden or former name restored and, if so, the name to be restored. 27 3. An affidavit of corroboration of residency which complies 28 with the provisions of subsections 1, 2 and 4 of NRS 125.123 must 29 accompany the petition. If there is a marital settlement agreement 30 which the parties wish the court to approve or make a part of the 31 decree, it must be identified and attached to the petition as an 32 exhibit. 33 Sec. 30. NRS 125.210 is hereby amended to read as follows: 34 125.210 1. Except as otherwise provided in subsection 2, in 35 any action brought pursuant to NRS 125.190, the court may: 36 (a) Assign and decree to either spouse the possession of any real 37 or personal property of the other spouse; 38 (b) Order or decree the payment of a fixed sum of money for the 39 support of the other spouse and their children; 40 (c) Provide that the payment of that money be secured upon real 41 estate or other security, or make any other suitable provision; and 42 (d) Determine the time and manner in which the payments must 43 be made. 44 2. The court may not: 45 – 19 – - *AB229* (a) Assign and decree to either spouse the possession of any real 1 or personal property of the other spouse; or 2 (b) Order or decree the payment of a fixed sum of money for the 3 support of the other spouse, 4 ¬ if it is contrary to a premarital agreement between the spouses 5 which is enforceable pursuant to chapter 123A of NRS. 6 3. Unless the action is contrary to a premarital agreement 7 between the parties which is enforceable pursuant to chapter 123A 8 of NRS, in determining whether to award money for the support of a 9 spouse or the amount of any award of money for the support of a 10 spouse, the court shall not attach, levy or seize by or under any legal 11 or equitable process, either before or after receipt by a veteran, any 12 federal disability benefits awarded to a veteran for a service- 13 connected disability pursuant to 38 U.S.C. §§ 1101 to 1151, 14 inclusive. 15 4. Except as otherwise provided in chapter 130 of NRS, the 16 court may change, modify or revoke its orders and decrees from 17 time to time. 18 5. No order or decree is effective beyond the joint lives of the 19 [husband and wife.] spouses. 20 Sec. 31. NRS 125.290 is hereby amended to read as follows: 21 125.290 All marriages which are prohibited by law because of: 22 1. Consanguinity between the parties; or 23 2. Either of the parties having a former [husband or wife] 24 spouse then living, if solemnized within this State, 25 ¬ are void without any decree of divorce or annulment or other 26 legal proceedings. A marriage void under this section shall not bar 27 prosecution for the crime of bigamy pursuant to NRS 201.160. 28 Sec. 32. NRS 125.320 is hereby amended to read as follows: 29 125.320 1. When the consent of [the father, mother,] a 30 parent, guardian or district court, as required by NRS 122.020 or 31 122.025, has not been obtained, the marriage is void from the time 32 its nullity is declared by a court of competent jurisdiction. 33 2. If the consent required by NRS 122.020 or 122.025 is not 34 first obtained, the marriage contracted without the consent of [the 35 father, mother,] a parent, guardian or district court may be annulled 36 upon application by or on behalf of the person who fails to obtain 37 such consent, unless such person after reaching the age of 18 years 38 freely cohabits for any time with the other party to the marriage as 39 [husband and wife.] a married couple. Any such annulment 40 proceedings must be brought within 1 year after such person reaches 41 the age of 18 years. 42 Sec. 33. NRS 125.330 is hereby amended to read as follows: 43 125.330 1. When either of the parties to a marriage for want 44 of understanding shall be incapable of assenting thereto, the 45 – 20 – - *AB229* marriage shall be void from the time its nullity shall be declared by 1 a court of competent authority. 2 2. The marriage of any insane person shall not be adjudged 3 void, after his or her restoration to reason, if it shall appear that the 4 parties freely cohabited together as [husband and wife] a married 5 couple after such insane person was restored to a sound mind. 6 Sec. 34. NRS 125.340 is hereby amended to read as follows: 7 125.340 1. If the consent of either party was obtained by 8 fraud and fraud has been proved, the marriage shall be void from the 9 time its nullity shall be declared by a court of competent authority. 10 2. No marriage may be annulled for fraud if the parties to the 11 marriage voluntarily cohabit as [husband and wife] a married 12 couple having received knowledge of such fraud. 13 Sec. 35. NRS 125A.515 is hereby amended to read as follows: 14 125A.515 1. Unless the court issues a temporary emergency 15 order pursuant to NRS 125A.335, upon a finding that a petitioner is 16 entitled to immediate physical custody of the child, the court shall 17 order that the petitioner may take immediate physical custody of the 18 child unless the respondent establishes that: 19 (a) The child custody determination has not been registered and 20 confirmed pursuant to NRS 125A.465 and that: 21 (1) The issuing court did not have jurisdiction pursuant to 22 NRS 125A.305 to 125A.395, inclusive; 23 (2) The child custody determination for which enforcement 24 is sought has been vacated, stayed or modified by a court of a state 25 having jurisdiction to do so pursuant to NRS 125A.305 to 26 125A.395, inclusive; or 27 (3) The respondent was entitled to notice, but notice was not 28 given in accordance with the standards of NRS 125A.255, in the 29 proceedings before the court that issued the order for which 30 enforcement is sought; or 31 (b) The child custody determination for which enforcement is 32 sought was registered and confirmed pursuant to NRS 125A.465, 33 but has been vacated, stayed or modified by a court of a state having 34 jurisdiction to do so pursuant to NRS 125A.305 to 125A.395, 35 inclusive. 36 2. The court shall award the fees, costs and expenses 37 authorized pursuant to NRS 125A.535 and may grant additional 38 relief, including a request for the assistance of law enforcement 39 officers, and set a further hearing to determine whether additional 40 relief is appropriate. 41 3. If a party called to testify refuses to answer on the ground 42 that the testimony may be self-incriminating, the court may draw an 43 adverse inference from the refusal. 44 – 21 – - *AB229* 4. A privilege against disclosure of communications between 1 spouses and a defense of immunity based on the relationship of 2 [husband and wife] a married couple or parent and child may not be 3 invoked in a proceeding conducted pursuant to NRS 125A.405 to 4 125A.585, inclusive. 5 Sec. 36. NRS 128.060 is hereby amended to read as follows: 6 128.060 1. After a petition has been filed, unless the party or 7 parties to be served voluntarily appear and consent to the hearing, 8 the court shall direct the clerk to issue a notice, reciting briefly the 9 substance of the petition and stating the date set for the hearing 10 thereof, and requiring the person served therewith to appear before 11 the court at the time and place if that person desires to oppose the 12 petition. 13 2. The following persons must be personally served with the 14 notice: 15 (a) [The father or mother] Either parent of the minor person, if 16 residing within this State, and if his or her place of residence is 17 known to the petitioner, or, if there is no parent so residing, or if the 18 place of residence of [the father or mother] either parent is not 19 known to the petitioner, then the nearest known relative of that 20 person, if there is any residing within the State, and if his or her 21 residence and relationship are known to the petitioner; and 22 (b) The minor’s legal custodian or guardian, if residing within 23 this State and if his or her place of residence is known to the 24 petitioner. 25 3. If the petitioner or the child is receiving public assistance, 26 the petitioner shall mail a copy of the notice of hearing and a copy 27 of the petition to the Chief of the Child Support Enforcement 28 Program of the Division of Welfare and Supportive Services of the 29 Department of Health and Human Services by registered or certified 30 mail return receipt requested at least 45 days before the hearing. 31 Sec. 37. NRS 128.070 is hereby amended to read as follows: 32 128.070 1. When [the father or mother] either parent of a 33 minor child or the child’s legal custodian or guardian resides out of 34 the State, has departed from the State, or cannot, after due diligence, 35 be found within the State, or conceals himself or herself to avoid the 36 service of the notice of hearing, and the fact appears, by affidavit, to 37 the satisfaction of the court thereof, and it appears, either by 38 affidavit or by a verified petition on file, that the named [father or 39 mother] parent or custodian or guardian is a necessary or proper 40 party to the proceedings, the court may grant an order that the 41 service be made by the publication of the notice of hearing. When 42 the affidavit is based on the fact that the [father or mother] parent or 43 custodian or guardian resides out of the State, and his or her present 44 – 22 – - *AB229* address is unknown, it is a sufficient showing of that fact if the 1 affiant states generally in the affidavit that: 2 (a) At a previous time the person resided out of this State in a 3 certain place (naming the place and stating the latest date known to 4 the affiant when the person so resided there); 5 (b) That place is the last place in which the person resided to the 6 knowledge of the affiant; 7 (c) The person no longer resides at that place; 8 (d) The affiant does not know the present place of residence of 9 the person or where the person can be found; and 10 (e) The affiant does not know and has never been informed 11 and has no reason to believe that the person now resides in this 12 State. 13 ¬ In such case, it shall be presumed that the person still resides and 14 remains out of the State, and the affidavit shall be deemed to be a 15 sufficient showing of due diligence to find [the father or mother] 16 either parent or the custodian or guardian. 17 2. The order must direct the publication to be made in a 18 newspaper, to be designated by the court, for a period of 4 weeks, 19 and at least once a week during that time. In case of publication, 20 where the residence of a nonresident or absent [father or mother] 21 parent or custodian or guardian is known, the court shall also direct 22 a copy of the notice of hearing and petition to be deposited in the 23 post office, directed to the person to be served at his or her place of 24 residence. When publication is ordered, personal service of a copy 25 of the notice of hearing and petition, out of the State, is equivalent to 26 completed service by publication and deposit in the post office, and 27 the person so served has 20 days after the service to appear and 28 answer or otherwise plead. The service of the notice of hearing shall 29 be deemed complete in cases of publication at the expiration of 4 30 weeks from the first publication, and in cases when a deposit of a 31 copy of the notice of hearing and petition in the post office is also 32 required, at the expiration of 4 weeks from the deposit. 33 3. Personal service outside the State upon a [father or mother] 34 parent over the age of 18 years or upon the minor’s legal custodian 35 or guardian may be made in any action where the person served is a 36 resident of this State. When the facts appear, by affidavit, to the 37 satisfaction of the court, and it appears, either by affidavit or by a 38 verified petition on file, that the person in respect to whom the 39 service is to be made is a necessary or proper party to the 40 proceedings, the court may grant an order that the service be made 41 by personal service outside the State. The service must be made by 42 delivering a copy of the notice of hearing together with a copy of the 43 petition in person to the person served. The methods of service are 44 – 23 – - *AB229* cumulative, and may be utilized with, after or independently of 1 other methods of service. 2 4. Whenever personal service cannot be made, the court may 3 require, before ordering service by publication or by publication and 4 mailing, such further and additional search to determine the 5 whereabouts of the person to be served as may be warranted by the 6 facts stated in the affidavit of the petitioner to the end that actual 7 notice be given whenever possible. 8 5. If one or both of the parents of the minor is unknown, or if 9 the name of either or both of the parents of the minor is uncertain, 10 then those facts must be set forth in the affidavit and the court shall 11 order the notice to be directed and addressed to either [the father or 12 the mother] parent of the person, and to all persons claiming to be 13 the [father or mother] parent of the person. The notice, after the 14 caption, must be addressed substantially as follows: “To the [father 15 and mother] parents of the above-named person, and to all persons 16 claiming to be the [father or mother] parent of that person.” 17 Sec. 38. NRS 128.080 is hereby amended to read as follows: 18 128.080 The notice must be in substantially the following 19 form: 20 21 In the ......... Judicial District Court of the State of Nevada, 22 in and for the County of ................. 23 24 In the matter of parental rights 25 as to ........................, a minor. 26 27 Notice 28 29 To ........................, [the father or ........................, the 30 mother] parent No. 1 or ........................, parent No. 2 of the 31 above-named person; or, to the [father and mother] parents of 32 the above-named person, and to all persons claiming to be 33 [the father or mother] either parent of this person; or, to 34 ........................, related to the above-named minor as 35 ........................; and, to ........................, the legal custodian or 36 guardian of the above-named minor: 37 You are hereby notified that there has been filed in the 38 above-entitled court a petition praying for the termination of 39 parental rights over the above-named minor person, and that 40 the petition has been set for hearing before this court, at the 41 courtroom thereof, at ........................, in the County of 42 ........................, on the .......... day of the month of ………. of 43 the year ....... at........ o’clock ........m., at which time and place 44 – 24 – - *AB229* you are required to be present if you desire to oppose the 1 petition. 2 3 Dated ........ (month) ........ (day) ........ (year) 4 5 ........................................ 6 Clerk of Court 7 (SEAL) 8 By ................................... 9 Deputy 10 Sec. 39. NRS 129.100 is hereby amended to read as 11 follows: 12 129.100 1. After a petition has been filed, unless the person 13 to be served voluntarily appears and consents to the hearing, the 14 court shall direct the clerk to issue a notice, reciting briefly the 15 substance of the petition, stating the time and date set for the hearing 16 of the petition, and requiring the person served with the notice to 17 appear before the court at the hearing if the person desires to oppose 18 the petition. 19 2. The notice issued pursuant to subsection 1 must be in 20 substantially the following form: 21 22 In the ......... Judicial District Court of the State of Nevada, 23 in and for the County of ................. 24 25 In the matter of the emancipation 26 of ................................, a minor. 27 28 Notice 29 30 To ................................, [the father or ................................, 31 the mother] parent No. 1 or ................................, parent No. 32 2 of the above-named minor; or, to the [father and mother] 33 parents of the above-named minor; or, to 34 ................................, the legal guardian of the above-named 35 minor; or, to ................................, related to the above-named 36 minor as ...............................: 37 You are hereby notified that there has been filed in the 38 above-entitled court a petition praying for the emancipation 39 of the above-named minor person, and that the petition has 40 been set for hearing before this court, at the courtroom 41 thereof, at ................................, in the County of 42 ................................, on the .......... day of the month of 43 ………. of the year ....... at .......... o’clock ...m., at which time 44 – 25 – - *AB229* and place you are required to be present if you desire to 1 oppose the petition. 2 3 Dated ............. (month) ………. (day) …… (year) 4 5 ........................................ 6 Clerk of court 7 (SEAL) 8 By ................................... 9 Deputy 10 Sec. 40. NRS 130.316 is hereby amended to read as follows: 11 130.316 1. The physical presence of a nonresident party who 12 is a natural person in a tribunal of this State is not required for the 13 establishment, enforcement or modification of a support order or the 14 rendition of a judgment determining parentage of a child. 15 2. An affidavit, a document substantially complying with 16 federally mandated forms or a document incorporated by reference 17 in any of them, which would not be excluded under the hearsay rule 18 in NRS 51.065 if given in person, is admissible in evidence if given 19 under penalty of perjury by a party or witness residing outside this 20 State. 21 3. A copy of the record of child-support payments certified as a 22 true copy of the original by the custodian of the record may be 23 forwarded to a responding tribunal. The copy is evidence of facts 24 asserted therein and is admissible to show whether payments were 25 made. 26 4. Copies of bills for testing for parentage of a child, and for 27 prenatal and postnatal health care of the mother and child, furnished 28 to the adverse party at least 20 days before trial are admissible in 29 evidence to prove the amount of the charges billed and that the 30 charges were reasonable, necessary and customary. 31 5. Documentary evidence transmitted from outside this State to 32 a tribunal of this State by telephone, telecopier or other electronic 33 means that do not provide an original record may not be excluded 34 from evidence on an objection based on the means of transmission. 35 6. In a proceeding under this chapter, a tribunal of this State 36 shall permit a party or witness residing outside this State to be 37 deposed or to testify under penalty of perjury by telephone, 38 audiovisual means or other electronic means at a designated tribunal 39 or other location. A tribunal of this State shall cooperate with other 40 tribunals in designating an appropriate location for the deposition or 41 testimony. 42 7. In a civil proceeding under this chapter, if a party called to 43 testify refuses to answer a question on the ground that the testimony 44 – 26 – - *AB229* may be self-incriminating, the trier of fact may draw an adverse 1 inference from the refusal. 2 8. A privilege against the disclosure of communications 3 between [husband and wife] a married couple does not apply in a 4 proceeding under this chapter. 5 9. The defense of immunity based on the relationship of 6 [husband and wife] a married couple or parent and child does not 7 apply in a proceeding under this chapter. 8 10. A voluntary acknowledgment of paternity, certified as a 9 true copy, is admissible to establish parentage of the child. 10 Sec. 41. NRS 12.020 is hereby amended to read as follows: 11 12.020 A [husband and wife] married couple may sue jointly 12 on all causes of action belonging to either or both of them, except: 13 1. When the action is for personal injuries, the spouse having 14 sustained personal injuries is a necessary party; and 15 2. When the action is for compensation for services rendered, 16 the spouse having rendered the services is a necessary party. 17 Sec. 42. NRS 12.030 is hereby amended to read as follows: 18 12.030 If [husband and wife are] a married couple is sued 19 together, either or both may defend, and if either neglects to defend, 20 the other may defend for both. 21 Sec. 43. NRS 12.040 is hereby amended to read as follows: 22 12.040 When a [husband] spouse has deserted his or her 23 family, the [wife] other spouse may prosecute or defend in his or 24 her name any action which he or she might have prosecuted or 25 defended, and shall have the same powers and rights therein as he 26 or she might have . [, and, under like circumstances, the husband 27 shall have the same right.] 28 Sec. 44. NRS 12.080 is hereby amended to read as follows: 29 12.080 The [father and mother] parents jointly, or [the father 30 or the mother,] either parent, without preference to either, may 31 maintain an action for the injury of a minor child who has not been 32 emancipated, if the injury is caused by the wrongful act or neglect of 33 another. A guardian may maintain an action for the injury of his or 34 her unemancipated ward, if the injury is caused by the wrongful act 35 or neglect of another, the action by the guardian to be prosecuted for 36 the benefit of the ward. Any such action may be maintained against 37 the person causing the injury, or, if the person is employed by 38 another person who is responsible for his or her conduct, also 39 against that other person. 40 Sec. 45. NRS 41.200 is hereby amended to read as follows: 41 41.200 1. If an unemancipated minor has a disputed claim for 42 money against a third person, either parent, or if the parents of the 43 minor are living separate and apart, then the custodial parent, or if 44 no custody award has been made, the parent with whom the minor is 45 – 27 – - *AB229* living, or if a general guardian or guardian of the estate of the minor 1 has been appointed, then that guardian, has the right to compromise 2 the claim. Such a compromise is not effective until it is approved by 3 the district court of the county where the minor resides, or if the 4 minor is not a resident of the State of Nevada, then by the district 5 court of the county where the claim was incurred, upon a verified 6 petition in writing, regularly filed with the court. 7 2. The petition must set forth: 8 (a) The name, age and residence of the minor; 9 (b) The facts which bring the minor within the purview of this 10 section, including: 11 (1) The circumstances which make it a disputed claim for 12 money; 13 (2) The name of the third person against whom the claim is 14 made; and 15 (3) If the claim is the result of an accident or motor vehicle 16 crash, the date, place and facts of the accident or motor vehicle 17 crash; 18 (c) The names and residence of the parents or the legal guardian 19 of the minor; 20 (d) The name and residence of the person or persons having 21 physical custody or control of the minor; 22 (e) The name and residence of the petitioner and the relationship 23 of the petitioner to the minor; 24 (f) The total amount of the proceeds of the proposed 25 compromise and the apportionment of those proceeds, including the 26 amount to be used for: 27 (1) Attorney’s fees and whether the attorney’s fees are fixed 28 or contingent fees, and if the attorney’s fees are contingent fees the 29 percentage of the proceeds to be paid as attorney’s fees; 30 (2) Medical expenses; and 31 (3) Other expenses, 32 ¬ and whether these fees and expenses are to be deducted before or 33 after the calculation of any contingency fee; 34 (g) Whether the petitioner believes the acceptance of this 35 compromise is in the best interest of the minor; and 36 (h) That the petitioner has been advised and understands that 37 acceptance of the compromise will bar the minor from seeking 38 further relief from the third person offering the compromise. 39 3. If the claim involves a personal injury suffered by the minor, 40 the petitioner must submit all relevant medical and health care 41 records to the court at the compromise hearing. The records must 42 include documentation of: 43 (a) The injury, prognosis, treatment and progress of recovery of 44 the minor; and 45 – 28 – - *AB229* (b) The amount of medical expenses incurred to date, the nature 1 and amount of medical expenses which have been paid and by 2 whom, any amount owing for medical expenses and an estimate of 3 the amount of medical expenses which may be incurred in the 4 future. 5 4. If the court approves the compromise of the claim of the 6 minor, the court must direct the money to be paid to [the father, 7 mother] a parent or guardian of the minor, with or without the filing 8 of any bond, or it must require a general guardian or guardian ad 9 litem to be appointed and the money to be paid to the guardian or 10 guardian ad litem, with or without a bond, as the court, in its 11 discretion, deems to be in the best interests of the minor. 12 5. Upon receiving the proceeds of the compromise, the parent 13 or guardian to whom the proceeds of the compromise are ordered to 14 be paid, shall establish a blocked financial investment for the benefit 15 of the minor with the proceeds of the compromise. Money may be 16 obtained from the blocked financial investment only pursuant to 17 subsection 6. Within 30 days after receiving the proceeds of the 18 compromise, the parent or guardian shall file with the court proof 19 that the blocked financial investment has been established. If the 20 balance of the investment is more than $10,000, the parent, guardian 21 or person in charge of managing the investment shall annually file 22 with the court a verified report detailing the activities of the 23 investment during the previous 12 months. If the balance of the 24 investment is $10,000 or less, the court may order the parent, 25 guardian or person in charge of managing the investment to file such 26 periodic verified reports as the court deems appropriate. The court 27 may hold a hearing on a verified report only if it deems a hearing 28 necessary to receive an explanation of the activities of the 29 investment. 30 6. The beneficiary of a block financial investment may obtain 31 control of or money from the investment: 32 (a) By an order of the court which held the compromise hearing; 33 or 34 (b) By certification of the court which held the compromise 35 hearing that the beneficiary has reached the age of 18 years, at 36 which time control of the investment must be transferred to the 37 beneficiary or the investment must be closed and the money 38 distributed to the beneficiary. 39 7. The clerk of the district court shall not charge any fee for 40 filing a petition for leave to compromise or for placing the petition 41 upon the calendar to be heard by the court. 42 8. As used in this section, the term “blocked financial 43 investment” means a savings account established in a depository 44 institution in this state, a certificate of deposit, a United States 45 – 29 – - *AB229* savings bond, a fixed or variable annuity contract, or another 1 reliable investment that is approved by the court. 2 Sec. 46. NRS 41.440 is hereby amended to read as follows: 3 41.440 Any liability imposed upon a [wife, husband,] spouse, 4 son, daughter, [father, mother,] parent, brother, sister or other 5 immediate member of a family arising out of his or her driving and 6 operating a motor vehicle with the permission, express or implied, 7 of such owner is hereby imposed upon the owner of the motor 8 vehicle, and such owner shall be jointly and severally liable with his 9 or her [wife, husband,] spouse, son, daughter, [father, mother,] 10 parent, brother, sister or other immediate member of a family for 11 any damages proximately resulting from such negligence or willful 12 misconduct, and such negligent or willful misconduct shall be 13 imputed to the owner of the motor vehicle for all purposes of civil 14 damages. 15 Sec. 47. NRS 49.295 is hereby amended to read as follows: 16 49.295 1. Except as otherwise provided in subsections 2 and 17 3 and NRS 49.305: 18 (a) A [husband] married person cannot be examined as a 19 witness for or against his or her [wife] spouse without his or her 20 consent . [, nor a wife for or against her husband without her 21 consent.] 22 (b) [Neither a husband nor a wife] No spouse can be examined, 23 during the marriage or afterwards, without the consent of the other 24 [,] spouse, as to any communication made by one to the other during 25 marriage. 26 2. The provisions of subsection 1 do not apply to a: 27 (a) Civil proceeding brought by or on behalf of one spouse 28 against the other spouse; 29 (b) Proceeding to commit or otherwise place a spouse, the 30 property of the spouse or both the spouse and the property of the 31 spouse under the control of another because of the alleged mental or 32 physical condition of the spouse; 33 (c) Proceeding brought by or on behalf of a spouse to establish 34 his or her competence; 35 (d) Proceeding in the juvenile court or family court pursuant to 36 title 5 of NRS or NRS 432B.410 to 432B.590, inclusive; or 37 (e) Criminal proceeding in which one spouse is charged with: 38 (1) A crime against the person or the property of the other 39 spouse or of a child of either, or of a child in the custody or control 40 of either, whether the crime was committed before or during 41 marriage. 42 (2) Bigamy or incest. 43 (3) A crime related to abandonment of a child or nonsupport 44 of the other spouse or child. 45 – 30 – - *AB229* 3. The provisions of subsection 1 do not apply in any criminal 1 proceeding to events which took place before the [husband and 2 wife] spouses were married. 3 Sec. 48. NRS 49.305 is hereby amended to read as follows: 4 49.305 When a [husband or wife] married person is insane, 5 and has been so declared by a court of competent jurisdiction, the 6 other spouse shall be a competent witness to testify as to any fact 7 which transpired before or during such insanity, but the privilege of 8 so testifying shall cease when the party declared insane has been 9 found by a court of competent jurisdiction to be of sound mind, and 10 the [husband and wife] spouses shall then have the testimonial 11 limitations and privileges provided in NRS 49.295. 12 Sec. 49. NRS 111.063 is hereby amended to read as follows: 13 111.063 Tenancy in common in real or personal property may 14 be created by a single conveyance from a [husband and wife] 15 married couple holding title as joint tenants to themselves, or to 16 themselves and others, or to one of them and others, when such 17 conveyance expressly declares that the grantees thereunder are 18 tenants in common. 19 Sec. 50. NRS 111.064 is hereby amended to read as follows: 20 111.064 1. Estates as tenants in common or estates in 21 community property may be created by conveyance from [husband 22 and wife] a married couple to themselves or to themselves and 23 others or from a sole owner to himself or herself and others in the 24 same manner as a joint tenancy may be created. 25 2. A right of survivorship does not arise when an estate in 26 community property is created in a [husband and wife,] married 27 couple, as such, unless the instrument creating the estate expressly 28 declares that the [husband and wife] married couple take the 29 property as community property with a right of survivorship. This 30 right of survivorship is extinguished whenever either spouse, during 31 the marriage, transfers the spouse’s interest in the community 32 property. 33 Sec. 51. NRS 111.065 is hereby amended to read as follows: 34 111.065 1. Joint tenancy in real property may be created by a 35 single will or transfer when expressly declared in the will or transfer 36 to be a joint tenancy, or by transfer from a sole owner to himself or 37 herself and others, or from tenants in common to themselves, or to 38 themselves and others, or to one of them and others, or from a 39 [husband and wife] married couple when holding title as 40 community property or otherwise to themselves, or to themselves 41 and others, or to one of them and others, when expressly declared in 42 the transfer to be a joint tenancy, or when granted or devised to 43 executors or trustees as joint tenants. 44 – 31 – - *AB229* 2. A joint tenancy in personal property may be created by a 1 written transfer, agreement or instrument. 2 Sec. 52. NRS 111.673 is hereby amended to read as follows: 3 111.673 The owner of an interest in property who creates a 4 deed upon death may designate in the deed: 5 1. Multiple beneficiaries who will take title to the property 6 upon his or her death as joint tenants with right of survivorship, 7 tenants in common, [husband and wife] a married couple as 8 community property, community property with right of survivorship 9 or any other tenancy that is recognized in this State. 10 2. The beneficiary or beneficiaries who will take title to the 11 property upon his or her death as the sole and separate property of 12 the beneficiary or beneficiaries without the necessity of the filing of 13 a quitclaim deed or disclaimer by the spouse of any beneficiary. 14 Sec. 53. NRS 111.781 is hereby amended to read as follows: 15 111.781 1. Except as otherwise provided by the express 16 terms of a governing instrument, a court order or a contract relating 17 to the division of the marital estate made between the divorced 18 persons before or after the marriage, divorce or annulment, the 19 divorce or annulment of a marriage: 20 (a) Revokes any revocable: 21 (1) Disposition or appointment of property made by a 22 divorced person to his or her former spouse in a governing 23 instrument and any disposition or appointment created by law or in a 24 governing instrument to a relative of the divorced person’s former 25 spouse; 26 (2) Provision in a governing instrument conferring a general 27 or nongeneral power of appointment on the divorced person’s 28 former spouse or on a relative of the divorced person’s former 29 spouse; and 30 (3) Nomination in a governing instrument that nominates a 31 divorced person’s former spouse or a relative of the divorced 32 person’s former spouse to serve in any fiduciary or representative 33 capacity, including a personal representative capacity, including a 34 personal representative, executor, trustee, conservator, agent or 35 guardian; and 36 (b) Severs the interest of the former spouses in property held by 37 them at the time of the divorce or annulment as joint tenants with 38 the right of survivorship or as community property with a right of 39 survivorship and transforms the interests of the former spouses into 40 equal tenancies in common. 41 2. A severance under paragraph (b) of subsection 1 does not 42 affect any third-party interest in property acquired for value and in 43 good faith reliance on an apparent title by survivorship in the 44 survivor of the former spouses unless a writing declaring the 45 – 32 – - *AB229* severance has been noted, registered, filed or recorded in records 1 appropriate to the kind and location of the property which records 2 are relied upon, in the ordinary course of transactions involving such 3 property, as evidence of ownership. 4 3. The provisions of a governing instrument are given effect as 5 if the former spouse and relatives of the former spouse disclaimed 6 all provisions revoked by this section or, in the case of a revoked 7 nomination in a fiduciary or representative capacity, as if the former 8 spouse and relatives of the former spouse died immediately before 9 the divorce or annulment. 10 4. Any provisions revoked solely by this section are revived by 11 the divorced person’s remarriage to the former spouse or by a 12 nullification of the divorce or annulment. 13 5. Unless a court in an action commenced pursuant to chapter 14 125 of NRS specifically orders otherwise, a restraining order 15 entered pursuant to NRS 125.050 does not preclude a party to such 16 an action from making or changing beneficiary designations that 17 specify who will receive the party’s assets upon the party’s death. 18 6. A payor or other third party is not liable for having made a 19 payment or transferred an item of property or any other benefit to a 20 beneficiary designated in a governing instrument affected by the 21 provisions of this section or for having taken any other action in 22 good faith reliance on the validity of the governing instrument 23 before the payor or other third party received written or actual notice 24 of any event affecting a beneficiary designation. A payor or other 25 third party is liable for a payment made or other action taken after 26 the payor or other third party received written or actual notice of a 27 claimed forfeiture or revocation under this section. 28 7. Written notice of the divorce, annulment or remarriage or 29 written notice of a complaint or petition for divorce or annulment 30 must be mailed to the payor’s or other third party’s main office or 31 home by registered or certified mail, return receipt requested, or 32 served upon the payor or other third party in the same manner as a 33 summons in a civil action. Upon receipt of written notice of the 34 divorce, annulment or remarriage, a payor or other third party may 35 pay any amount owed or transfer or deposit any item of property 36 held by it to or with the court having jurisdiction of the probate 37 proceedings relating to the decedent’s estate or, if no proceedings 38 have been commenced, to or with the court having jurisdiction of 39 probate proceedings relating to decedents’ estates located in the 40 county of the decedent’s residence. The court shall hold the funds or 41 item of property and, upon its determination under this section, shall 42 order disbursement or transfer in accordance with the determination. 43 Payments, transfers or deposits made to or with the court discharge 44 the payor or other third party from all claims for the value of 45 – 33 – - *AB229* amounts paid to or items of property transferred to or deposited with 1 the court. 2 8. A person who purchases property from a former spouse, 3 relative of a former spouse or any other person for value and 4 without notice, or who receives from a former spouse, relative of a 5 former spouse or any other person a payment or other item of 6 property in partial or full satisfaction of a legally enforceable 7 obligation, is neither obligated under this section to return the 8 payment, item of property or benefit nor is liable under this section 9 for the amount of the payment or the value of the item of property or 10 benefit. A former spouse, relative of a former spouse or other person 11 who, not for value, received a payment, item of property or any 12 other benefit to which that person is not entitled under this section is 13 obligated to return the payment, item of property or benefit or is 14 personally liable for the amount of the payment or the value of the 15 item of property or benefit to the person who is entitled to it under 16 this section. 17 9. If this section or any part of this section is preempted by 18 federal law with respect to a payment, an item of property or any 19 other benefit covered by this section, a former spouse, relative of the 20 former spouse or any other person who, not for value, received a 21 payment, item of property or any other benefit to which that person 22 is not entitled under this section is obligated to return that payment, 23 item of property or benefit or is personally liable for the amount of 24 the payment or the value of the item of property or benefit to the 25 person who would have been entitled to it were this section or part 26 of this section not preempted. 27 10. This section applies only to nonprobate transfers which 28 become effective because of the death of a person on or after 29 October 1, 2011, regardless of when the divorce or annulment 30 occurred. 31 11. As used in this section: 32 (a) “Disposition or appointment of property” includes a transfer 33 of an item of property or any other benefit to a beneficiary 34 designated in a governing instrument. 35 (b) “Divorce or annulment” means any divorce or annulment or 36 any dissolution or declaration of invalidity of a marriage. A decree 37 of separation that does not terminate the status of [husband and 38 wife] a married couple is not a divorce for purposes of this section. 39 (c) “Divorced person” includes a person whose marriage has 40 been annulled. 41 (d) “Governing instrument” means a governing instrument 42 executed by a divorced person before the divorce or annulment of 43 the person’s marriage to the person’s former spouse. 44 – 34 – - *AB229* (e) “Relative of the divorced person’s former spouse” means a 1 person who is related to the divorced person’s former spouse by 2 blood, adoption or affinity and who, after the divorce or annulment, 3 is not related to the divorced person by blood, adoption or affinity. 4 (f) “Revocable,” with respect to a disposition, appointment, 5 provision or nomination, means one under which the divorced 6 person, at the time of the divorce or annulment, was alone 7 empowered, by law or under the governing instrument, to cancel the 8 designation in favor of the person’s former spouse or former 9 spouse’s relative, whether or not the divorced person was then 10 empowered to designate himself or herself in place of his or her 11 former spouse or in place of his or her former spouse’s relative and 12 whether or not the divorced person then had the capacity to exercise 13 the power. 14 Sec. 54. NRS 115.005 is hereby amended to read as follows: 15 115.005 As used in this chapter, unless the context otherwise 16 requires: 17 1. “Equity” means the amount that is determined by subtracting 18 from the fair market value of the property the value of any liens 19 excepted from the homestead exemption pursuant to subsection 3 of 20 NRS 115.010 or NRS 115.090. 21 2. “Homestead” means the property consisting of: 22 (a) A quantity of land, together with the dwelling house thereon 23 and its appurtenances; 24 (b) A mobile home whether or not the underlying land is owned 25 by the claimant; or 26 (c) A unit, whether real or personal property, existing pursuant 27 to chapter 116 or 117 of NRS, with any appurtenant limited 28 common elements and its interest in the common elements of the 29 common-interest community, 30 ¬ to be selected by [the husband and wife,] both spouses, or either 31 of them, or a single person claiming the homestead. 32 Sec. 55. NRS 115.010 is hereby amended to read as follows: 33 115.010 1. The homestead is not subject to forced sale on 34 execution or any final process from any court, except as otherwise 35 provided by subsections 2, 3 and 5, and NRS 115.090 and except as 36 otherwise required by federal law. 37 2. The exemption provided in subsection 1 extends only to that 38 amount of equity in the property held by the claimant which does 39 not exceed $550,000 in value, unless allodial title has been 40 established and not relinquished, in which case the exemption 41 provided in subsection 1 extends to all equity in the dwelling, its 42 appurtenances and the land on which it is located. 43 3. Except as otherwise provided in subsection 4, the exemption 44 provided in subsection 1 does not extend to process to enforce the 45 – 35 – - *AB229* payment of obligations contracted for the purchase of the property, 1 or for improvements made thereon, including any mechanic’s lien 2 lawfully obtained, or for legal taxes, or for: 3 (a) Any mortgage or deed of trust thereon executed and given, 4 including, without limitation, any second or subsequent mortgage, 5 mortgage obtained through refinancing, line of credit taken against 6 the property and a home equity loan; or 7 (b) Any lien to which prior consent has been given through the 8 acceptance of property subject to any recorded declaration of 9 restrictions, deed restriction, restrictive covenant or equitable 10 servitude, specifically including any lien in favor of an association 11 pursuant to NRS 116.3116 or 117.070, 12 ¬ by both [husband and wife,] spouses, when that relation exists. 13 4. If allodial title has been established and not relinquished, the 14 exemption provided in subsection 1 extends to process to enforce 15 the payment of obligations contracted for the purchase of the 16 property, and for improvements made thereon, including any 17 mechanic’s lien lawfully obtained, and for legal taxes levied by a 18 state or local government, and for: 19 (a) Any mortgage or deed of trust thereon; and 20 (b) Any lien even if prior consent has been given through the 21 acceptance of property subject to any recorded declaration of 22 restrictions, deed restriction, restrictive covenant or equitable 23 servitude, specifically including any lien in favor of an association 24 pursuant to NRS 116.3116 or 117.070, 25 ¬ unless a waiver for the specific obligation to which the judgment 26 relates has been executed by all allodial titleholders of the property. 27 5. Establishment of allodial title does not exempt the property 28 from forfeiture pursuant to NRS 179.1156 to 179.121, inclusive, 29 179.1211 to 179.1235, inclusive, or 207.350 to 207.520, inclusive. 30 6. Any declaration of homestead which has been filed before 31 July 1, 2007, shall be deemed to have been amended on that date by 32 extending the homestead exemption commensurate with any 33 increase in the amount of equity held by the claimant in the property 34 selected and claimed for the exemption up to the amount permitted 35 by law on that date, but the increase does not impair the right of any 36 creditor to execute upon the property when that right existed before 37 July 1, 2007. 38 Sec. 56. NRS 115.020 is hereby amended to read as follows: 39 115.020 1. The selection must be made by either [the 40 husband or wife,] spouse, or both of them, or the single person, 41 declaring an intention in writing to claim the property as a 42 homestead. The selection may be made on the form prescribed by 43 the Real Estate Division of the Department of Business and Industry 44 pursuant to NRS 115.025. 45 – 36 – - *AB229* 2. The declaration must state: 1 (a) When made by a married person or persons, that they or 2 either of them are married, or if not married, that he or she is a 3 householder. 4 (b) When made by a married person or persons, that they or 5 either of them, as the case may be, are, at the time of making the 6 declaration, residing with their family, or with the person or persons 7 under their care and maintenance, on the premises, particularly 8 describing the premises. 9 (c) When made by any claimant under this section, that it is their 10 or his or her intention to use and claim the property as a homestead. 11 3. The declaration must be signed by the person or persons 12 making it and acknowledged and recorded as conveyances affecting 13 real property are required to be acknowledged and recorded. If the 14 property declared upon as a homestead is the separate property of 15 either spouse, both must join in the execution and acknowledgment 16 of the declaration. 17 4. If a person solicits another person to allow the soliciting 18 person to file a declaration of homestead on behalf of the other 19 person and charges or accepts a fee or other valuable consideration 20 for recording the declaration of homestead for the other person, the 21 soliciting person shall, before the declaration is recorded or before 22 the fee or other valuable consideration is charged to or accepted 23 from the other person, provide that person with a notice written in 24 bold type which states that: 25 (a) Except for the fee which may be charged by the county 26 recorder for recording a declaration of homestead, a declaration of 27 homestead may be recorded in the county in which the property is 28 located without the payment of a fee; and 29 (b) The person may record the declaration of homestead on his 30 or her own behalf. 31 ¬ The notice must clearly indicate the amount of the fee which may 32 be charged by the county recorder for recording a declaration of 33 homestead. 34 5. The rights acquired by declaring a homestead are not 35 extinguished by the conveyance of the underlying property in trust 36 for the benefit of the person or persons who declared it. A trustee 37 may by similar declaration claim property, held by the trustee, as a 38 homestead for the settlor or for one or more beneficiaries of the 39 trust, or both, if the person or persons for whom the claim is made 40 reside on or in the property. 41 6. A person who violates the provisions of subsection 4 is 42 guilty of a misdemeanor. 43 – 37 – - *AB229* Sec. 57. NRS 115.040 is hereby amended to read as follows: 1 115.040 1. A mortgage or alienation of any kind, made for 2 the purpose of securing a loan or indebtedness upon the homestead 3 property, is not valid for any purpose, unless the signature of [the 4 husband and wife,] both spouses, when that relationship exists, is 5 obtained to the mortgage or alienation and their signatures are 6 properly acknowledged. 7 2. The homestead property shall not be deemed to be 8 abandoned without a declaration thereof in writing, signed and 9 acknowledged by both [husband and wife,] spouses, or the single 10 person claiming the homestead, and recorded in the same office and 11 in the same manner as the declaration of claim to the homestead is 12 required to be recorded. 13 3. If either spouse is not a resident of this State, the signature 14 of the spouse and the acknowledgment thereof is not necessary to 15 the validity of any mortgage or alienation of the homestead before it 16 becomes the homestead of the debtor. 17 Sec. 58. NRS 115.050 is hereby amended to read as follows: 18 115.050 1. Whenever execution has been issued against 19 the property of a party claiming the property as a homestead, and the 20 creditor in the judgment makes an oath before the judge of the 21 district court of the county in which the property is situated that 22 the amount of equity held by the claimant in the property exceeds, to 23 the best of the creditor’s information and belief, the sum of 24 $550,000, the judge shall, upon notice to the debtor, appoint three 25 disinterested and competent persons as appraisers to estimate and 26 report as to the amount of equity held by the claimant in the 27 property and, if the amount of equity exceeds the sum of $550,000, 28 determine whether the property can be divided so as to leave the 29 property subject to the homestead exemption without material 30 injury. 31 2. If it appears, upon the report, to the satisfaction of the judge 32 that the property can be thus divided, the judge shall order the 33 excess to be sold under execution. If it appears that the property 34 cannot be thus divided, and the amount of equity held by the 35 claimant in the property exceeds the exemption allowed by this 36 chapter, the judge shall order the entire property to be sold, and out 37 of the proceeds the sum of $550,000 to be paid to the defendant in 38 execution, and the excess to be applied to the satisfaction on the 39 execution. No bid under $550,000 may be received by the officer 40 making the sale. 41 3. When the execution is against a [husband or wife,] spouse, 42 the judge may direct the $550,000 to be deposited in court, to be 43 paid out only upon the joint receipt of [the husband and wife,] both 44 spouses, and the deposit possesses all the protection against legal 45 – 38 – - *AB229* process and voluntary disposition by either spouse as did the 1 original homestead. 2 Sec. 59. NRS 115.060 is hereby amended to read as follows: 3 115.060 Except as otherwise provided in a premarital 4 agreement between [the husband and wife] a married couple which 5 is enforceable pursuant to chapter 123A of NRS: 6 1. If the property declared upon as a homestead is community 7 property, the [husband and wife] married couple shall be deemed to 8 hold the homestead as community property with a right of 9 survivorship. Upon the death of either spouse: 10 (a) The exemption of the homestead from execution continues, 11 without further filing, as to any debt or liability existing against the 12 spouses, or either of them, until the death of the survivor and 13 thereafter as to any debt or liability existing against the survivor at 14 the time of the survivor’s death. 15 (b) The property vests absolutely in the survivor. 16 2. If the property declared upon as a homestead is the separate 17 property of either spouse, the [husband and wife] married couple 18 shall be deemed to hold the right to exemption of the homestead 19 from execution jointly while both spouses are living. If the property 20 retains its character as separate property until the death of one or the 21 other of the spouses: 22 (a) If it is the separate property of the survivor, the exemption of 23 the homestead continues. 24 (b) If it was the separate property of the decedent, the exemption 25 of the homestead from execution continues as to any debt or liability 26 existing against the spouses, or either of them, at the time of death 27 of the decedent but ceases as to any subsequent debt or liability of 28 the survivor. 29 (c) The property belongs to the person, or his or her heirs, to 30 whom it belonged when filed upon as a homestead. 31 3. If the property declared upon as a homestead is the property 32 of a single person, upon the death of the single person: 33 (a) The exemption of the homestead from execution continues, 34 without further filing, as to any debt or liability existing against the 35 person at the time of his or her death and as to any subsequent debt 36 or liability against a person who was living in his or her house at the 37 time of his or her death, if that person continues to reside on the 38 homestead property and is related to him or her by consanguinity or 39 affinity, even if the person through whom the relation by affinity 40 was created predeceased the declarant. 41 (b) The right of enjoyment of the property belongs to each 42 person described in paragraph (a) until that person no longer 43 qualifies under that paragraph. 44 – 39 – - *AB229* 4. If two or more persons who are not related by consanguinity 1 or affinity have claimed as a homestead their respective undivided 2 interests in a single parcel of land or a mobile home, upon the death 3 of one the exemption of the entire property from execution 4 continues as to any debt or liability of the decedent and the other 5 declarants until the death of the last declarant to die, but only for the 6 benefit of a declarant who continues to reside on or in the property. 7 Sec. 60. NRS 134.050 is hereby amended to read as follows: 8 134.050 1. If the decedent leaves no issue, the estate goes 9 one-half to the surviving spouse, one-fourth to [the father] one 10 parent of the decedent and one-fourth to the [mother] other parent 11 of the decedent, if both are living. If both parents are not living, one- 12 half to [either] the [father or the mother] parent then living. 13 2. If the decedent leaves no issue [,] or [father or mother,] 14 parent, one-half of the separate property of the decedent goes to the 15 surviving spouse and the other one-half goes in equal shares to the 16 brothers and sisters of the decedent. 17 3. If the decedent leaves no issue or surviving spouse, the 18 estate goes one-half to [the father] one parent of the decedent and 19 one-half to the [mother] other parent of the decedent, if both are 20 living. If both parents are not living, the whole estate goes to [either] 21 the [father or the mother] parent then living. 22 4. If the decedent leaves no issue, [father, mother,] parent, 23 brother or sister, or children of any issue, all of the separate property 24 of the decedent goes to the surviving spouse. 25 Sec. 61. NRS 134.060 is hereby amended to read as follows: 26 134.060 If there is no issue, surviving spouse [,] or [father or 27 mother,] parent, then the estate goes in equal shares to the brothers 28 and sisters of the decedent and to the lawful issue of any deceased 29 brother or sister by right of representation as follows: 30 1. To the brothers and sisters, each a share; and 31 2. To the lawful issue of each deceased brother and sister, by 32 right of representation, the same share that the parent would have 33 received if the parent had been living at the time of the death of the 34 decedent. 35 Sec. 62. NRS 134.070 is hereby amended to read as follows: 36 134.070 If the decedent leaves no issue, surviving spouse, [or 37 father or mother,] parent, [and no] brother or sister living at the time 38 of death, the estate goes to the next of kin in equal degree, except 39 that if there are two or more collateral kindred in equal degree, but 40 claiming through different ancestors, those who claim through the 41 nearest ancestors are preferred to those who claim through ancestors 42 more remote. 43 – 40 – - *AB229* Sec. 63. NRS 139.040 is hereby amended to read as follows: 1 139.040 1. Administration of the intestate estate of a 2 decedent must be granted to one or more of the persons mentioned 3 in this section, and they are respectively entitled to priority for 4 appointment in the following order: 5 (a) The surviving spouse. 6 (b) The children. 7 (c) [The father or the mother.] A parent. 8 (d) The brother or the sister. 9 (e) The grandchildren. 10 (f) Any other of the kindred entitled to share in the distribution 11 of the estate. 12 (g) The public administrator. 13 (h) Creditors who have become such during the lifetime of the 14 decedent. 15 (i) Any of the kindred not above enumerated, within the fourth 16 degree of consanguinity. 17 (j) Any person or persons legally qualified. 18 2. A person in each of the foregoing classes is entitled: 19 (a) To appointment, if the person is: 20 (1) A resident of the State of Nevada or the person: 21 (I) Associates as coadministrator a resident of the State of 22 Nevada or a banking corporation authorized to do business in this 23 State; or 24 (II) Is named as personal representative in the will if the 25 will is the subject of a pending petition for probate, and the court in 26 its discretion believes it would be appropriate to make such an 27 appointment; or 28 (2) A banking corporation which is authorized to do business 29 in this State or which: 30 (I) Associates as coadministrator a resident of the State of 31 Nevada or a banking corporation authorized to do business in this 32 State; or 33 (II) Is named as personal representative in the will if the 34 will is the subject of a pending petition for probate, and the court in 35 its discretion believes it would be appropriate to make such an 36 appointment. 37 (b) To nominate a resident of the State of Nevada or a qualified 38 banking corporation for appointment, whether or not the nominator 39 is a resident of the State of Nevada or a qualified banking 40 corporation. The nominee has the same priority as the nominator. 41 That priority is independent of the residence or corporate 42 qualification of the nominator. 43 3. If any heir who is otherwise entitled to appointment is a 44 minor or an incompetent person for whom a guardian has been 45 – 41 – - *AB229* appointed, the court may appoint the guardian of the minor or 1 incompetent person as administrator. 2 Sec. 64. NRS 139.140 is hereby amended to read as follows: 3 139.140 When letters of administration have been granted to 4 any person other than the surviving spouse or the spouse’s nominee, 5 or the child, [father, mother,] parent, brother or sister of the 6 decedent, any one of them, if otherwise qualified, may obtain the 7 revocation of the letters by presenting to the court a petition 8 requesting the revocation, and that letters of administration be 9 issued to the petitioner. 10 Sec. 65. NRS 159.057 is hereby amended to read as follows: 11 159.057 1. Where the appointment of a guardian is sought for 12 two or more proposed wards who are children of a common parent, 13 parent and child or [husband and wife,] married couple, it is not 14 necessary that separate petitions, bonds and other papers be filed 15 with respect to each proposed ward or wards. 16 2. If a guardian is appointed for such wards, the guardian: 17 (a) Shall keep separate accounts of the estate of each ward; 18 (b) May make investments for each ward; 19 (c) May compromise and settle claims against one or more 20 wards; and 21 (d) May sell, lease, mortgage or otherwise manage the property 22 of one or more wards. 23 3. The guardianship may be terminated with respect to less 24 than all the wards in the same manner as provided by law with 25 respect to a guardianship of a single ward. 26 Sec. 66. NRS 166A.220 is hereby amended to read as follows: 27 166A.220 1. Beneficial interests in a custodial trust created 28 for multiple beneficiaries are deemed to be separate custodial trusts 29 of equal undivided interests for each beneficiary. Except in a 30 transfer or declaration for use and benefit of [husband and wife,] a 31 married couple, for whom survivorship is presumed, a right of 32 survivorship does not exist unless the instrument creating the 33 custodial trust specifically provides for survivorship or survivorship 34 is required as to community or marital property. 35 2. Custodial trust property held under this chapter by the same 36 custodial trustee for the use and benefit of the same beneficiary may 37 be administered as a single custodial trust. 38 3. A custodial trustee of custodial trust property held for more 39 than one beneficiary shall separately account to each beneficiary 40 pursuant to NRS 166A.230 and 166A.310 for the administration of 41 the custodial trust. 42 Sec. 67. NRS 199.360 is hereby amended to read as follows: 43 199.360 A person who fraudulently or falsely pretends that any 44 infant child was born of a parent whose child is or would be entitled 45 – 42 – - *AB229* to inherit real property or to receive any personal property, or who 1 falsely represents himself or herself or another to be a person 2 entitled to an interest or share in the estate of a deceased person as 3 executor, administrator, [husband, wife,] spouse, heir, heiress, 4 legatee, devisee, next of kin or relative of the deceased person, is 5 guilty of a category D felony and shall be punished as provided in 6 NRS 193.130. 7 Sec. 68. NRS 200.160 is hereby amended to read as follows: 8 200.160 Homicide is also justifiable when committed: 9 1. In the lawful defense of the slayer, or his or her [husband, 10 wife,] spouse, parent, child, brother or sister, or of any other person 11 in his or her presence or company, when there is reasonable ground 12 to apprehend a design on the part of the person slain to commit a 13 felony or to do some great personal injury to the slayer or to any 14 such person, and there is imminent danger of such design being 15 accomplished; or 16 2. In the actual resistance of an attempt to commit a felony 17 upon the slayer, in his or her presence, or upon or in a dwelling, or 18 other place of abode in which the slayer is. 19 Sec. 69. NRS 201.070 is hereby amended to read as follows: 20 201.070 1. No other or greater evidence is required to prove 21 the marriage of the [husband and wife,] spouses, or that the 22 defendant is the [father or mother] parent of the child or children, 23 than is required to prove such facts in a civil action. 24 2. In no prosecution under NRS 201.015 to 201.080, inclusive, 25 does any existing statute or rule of law prohibiting the disclosure of 26 confidential communications between [husband and wife] spouses 27 apply, and both [husband and wife] spouses are competent 28 witnesses to testify against each other to any and all relevant 29 matters, including the fact of the marriage and the parentage of any 30 child or children, but neither may be compelled to give evidence 31 incriminating himself or herself. 32 3. Proof of the failure of the defendant to provide for the 33 support of the spouse, child or children, is prima facie evidence that 34 such failure was knowing. 35 Sec. 70. NRS 201.160 is hereby amended to read as follows: 36 201.160 1. Bigamy consists in the having of two [wives or 37 two husbands] spouses at one time, knowing that the former 38 [husband or wife] spouse is still alive. 39 2. If a married person marries any other person while the 40 former [husband or wife] spouse is alive, the person so offending is 41 guilty of a category D felony and shall be punished as provided in 42 NRS 193.130. 43 3. It is not necessary to prove either of the marriages by the 44 register and certificate thereof, or other record evidence, but those 45 – 43 – - *AB229* marriages may be proved by such evidence as is admissible to prove 1 a marriage in other cases, and when the second marriage has taken 2 place without this State, cohabitation in this State after the second 3 marriage constitutes the commission of the crime of bigamy. 4 4. This section does not extend: 5 (a) To a person whose [husband or wife] spouse has been 6 continually absent from that person for the space of 5 years before 7 the second marriage, if he or she did not know the [husband or wife] 8 spouse to be living within that time. 9 (b) To a person who is, at the time of the second marriage, 10 divorced by lawful authority from the bonds of the former marriage, 11 or to a person where the former marriage has been by lawful 12 authority declared void. 13 Sec. 71. NRS 201.170 is hereby amended to read as follows: 14 201.170 If a person, being unmarried, knowingly marries the 15 [husband or wife] spouse of another, that person is guilty of a 16 category D felony and shall be punished as provided in 17 NRS 193.130. 18 Sec. 72. NRS 268.594 is hereby amended to read as follows: 19 268.594 1. Whenever it is necessary for the purposes of NRS 20 268.570 to 268.608, inclusive, to determine the number or identity 21 of the record owners of real property in a territory proposed to be 22 annexed, a list of such owners, certified by the county assessor on 23 any date between the institution of the proceedings, as provided in 24 NRS 268.584, and the public hearing, as provided in NRS 268.590, 25 both dates inclusive, shall be prima facie evidence that only those 26 persons named thereon are such owners. 27 2. A petition or protest is sufficient for the purposes of NRS 28 268.570 to 268.608, inclusive, as to any lot or parcel of real property 29 which is owned: 30 (a) As community property, if it is signed by [the husband.] one 31 spouse. 32 (b) By two persons, either natural or artificial, other than as 33 community property, if signed by both such owners. 34 (c) By more than two persons, either natural or artificial, if 35 signed by a majority of such owners. 36 (d) Either wholly or in part, by an artificial person, if it is signed 37 by an authorized agent and accompanied by a copy of such 38 authorization. 39 Sec. 73. NRS 325.050 is hereby amended to read as follows: 40 325.050 1. Within 6 months after the first publication of the 41 notice provided for in NRS 325.040, each person, company, 42 corporation or association claiming to be an occupant or occupants, 43 or to have, possess or be entitled to the right of occupancy or 44 possession of such lands, or any block, lot, share or parcel thereof, 45 – 44 – - *AB229* shall, in person or by the duly authorized attorney of the person, 1 company, corporation or association, sign a written statement 2 containing a correct description of the particular parcel or parts in 3 which the person, company, corporation or association claims to be 4 entitled to receive, and deliver the same to, or into the office of, the 5 corporate authorities or the judge of the district court. 6 2. All applications for conveyances under this chapter for the 7 benefit of minors and insane persons shall be made by the guardian 8 or trustee of such minor or insane person. All applications for such 9 conveyances for the benefit of married [women] persons may be 10 made by their [husbands,] spouses, if in this state, but in case of the 11 absence of the [husband] spouse from this state or his or her refusal 12 to make such application, then a married [woman] person may 13 apply in his or her own name. 14 3. Except as provided in subsection 4 and in NRS 325.130, all 15 persons, companies, corporations or associations or their heirs, 16 successors or assigns failing to sign and deliver such statement 17 within the time specified in subsection 1 shall be forever debarred 18 the right of claiming or recovering such lands or any interest or 19 entail therein, or in any part, parcel or share thereof, in any court of 20 law or equity. 21 4. The bar to the right of claiming or recovering such lands or 22 any interest or entail therein as provided in subsection 3 shall not 23 apply to minors or insane persons. 24 Sec. 74. NRS 417.090 is hereby amended to read as follows: 25 417.090 The Director and the Deputy Director shall: 26 1. Assist veterans, and those presently serving in the military 27 and naval forces of the United States who are residents of the State 28 of Nevada, their [wives,] spouses, widows, widowers, [husbands,] 29 children, dependents, administrators, executors and personal 30 representatives, in preparing, submitting and presenting any claim 31 against the United States, or any state, for adjusted compensation, 32 hospitalization, insurance, pension, disability compensation, 33 vocational training, education or rehabilitation and assist them in 34 obtaining any aid or benefit to which they may, from time to time, 35 be entitled under the laws of the United States or of any of the 36 states. 37 2. Aid, assist, encourage and cooperate with every nationally 38 recognized service organization insofar as the activities of such 39 organizations are for the benefit of veterans, servicemen and 40 servicewomen. 41 3. Give aid, assistance and counsel to each and every problem, 42 question and situation, individual as well as collective, affecting any 43 veteran, serviceman or servicewoman, or their dependents, or any 44 – 45 – - *AB229* group of veterans, servicemen and servicewomen, when in their 1 opinion such comes within the scope of this chapter. 2 4. Coordinate activities of veterans’ organizations. 3 5. Serve as a clearinghouse and disseminate information 4 relating to veterans’ benefits. 5 6. Conduct any studies which will assist veterans to obtain 6 compensation, hospitalization, insurance, pension, disability 7 compensation, vocational training, education, rehabilitation or any 8 other benefit to which veterans may be entitled under the laws of the 9 United States or of any state. 10 7. Aid, assist and cooperate with the office of coordinator of 11 services for veterans created in a county pursuant to NRS 244.401. 12 8. Pay to each county that creates the office of coordinator of 13 services for veterans, from state money available to him or her, a 14 portion of the cost of operating the office in an amount determined 15 by the Director. 16 9. Take possession of any abandoned or unclaimed artifacts or 17 other property that has military value for safekeeping. The Director 18 or Deputy Director may transfer such property to a veterans’ or 19 military museum. 20 Sec. 75. NRS 425.3832 is hereby amended to read as follows: 21 425.3832 1. Except as otherwise provided in this chapter, a 22 hearing conducted pursuant to NRS 425.382 to 425.3852, inclusive, 23 must be conducted in accordance with the provisions of this section 24 by a qualified master appointed pursuant to NRS 425.381. 25 2. Subpoenas may be issued by: 26 (a) The master. 27 (b) The attorney of record for the office. 28 ¬ Obedience to the subpoena may be compelled in the same 29 manner as provided in chapter 22 of NRS. A witness appearing 30 pursuant to a subpoena, other than a party or an officer or employee 31 of the Chief, is entitled to receive the fees and payment for mileage 32 prescribed for a witness in a civil action. 33 3. Except as otherwise provided in this section, the master need 34 not observe strict rules of evidence but shall apply those rules of 35 evidence prescribed in NRS 233B.123. 36 4. The affidavit of any party who resides outside of the judicial 37 district is admissible as evidence regarding the duty of support, any 38 arrearages and the establishment of paternity. The master may 39 continue the hearing to allow procedures for discovery regarding 40 any matter set forth in the affidavit. 41 5. The physical presence of a person seeking the establishment, 42 enforcement, modification or adjustment of an order for the support 43 of a dependent child or the establishment of paternity is not 44 required. 45 – 46 – - *AB229* 6. A verified petition, an affidavit, a document substantially 1 complying with federally mandated forms and a document 2 incorporated by reference in any of them, not excluded under NRS 3 51.065 if given in person, is admissible in evidence if given under 4 oath by a party or witness residing outside of the judicial district. 5 7. A copy of the record of payments for the support of a 6 dependent child, certified as a true copy of the original by the 7 custodian of the record, may be forwarded to the master. The copy 8 is evidence of facts asserted therein and is admissible to show 9 whether payments were made. 10 8. Copies of bills for testing for paternity, and for prenatal and 11 postnatal health care of the mother and child, furnished to the 12 adverse party at least 20 days before the hearing, are admissible in 13 evidence to prove the amount of the charges billed and that the 14 charges were reasonable, necessary and customary. 15 9. Documentary evidence transmitted from outside of the 16 judicial district by telephone, telecopier or other means that do not 17 provide an original writing may not be excluded from evidence on 18 an objection based on the means of transmission. 19 10. The master may: 20 (a) Conduct a hearing by telephone, audiovisual means or other 21 electronic means outside of the judicial district in which the master 22 is appointed. 23 (b) Permit a party or witness residing outside of the judicial 24 district to be deposed or to testify by telephone, audiovisual means 25 or other electronic means before a designated court or at another 26 location outside of the judicial district. 27 ¬ The master shall cooperate with courts outside of the judicial 28 district in designating an appropriate location for the hearing, 29 deposition or testimony. 30 11. If a party called to testify at a hearing refuses to answer a 31 question on the ground that the testimony may be self-incriminating, 32 the master may draw an adverse inference from the refusal. 33 12. A privilege against the disclosure of communications 34 between [husband and wife] a married couple does not apply. 35 13. The defense of immunity based on the relationship of 36 [husband and wife] a married couple or parent and child does not 37 apply. 38 Sec. 76. NRS 433A.610 is hereby amended to read as follows: 39 433A.610 1. When a person is admitted to a division facility 40 or hospital under one of the various forms of admission prescribed 41 by law, the parent or legal guardian of a person with mental illness 42 who is a minor or the [husband or wife] spouse of a person with 43 mental illness, if of sufficient ability, and the estate of the person 44 with mental illness, if the estate is sufficient for the purpose, shall 45 – 47 – - *AB229* pay the cost of the maintenance for the person with mental illness, 1 including treatment and surgical operations, in any hospital in which 2 the person is hospitalized under the provisions of this chapter: 3 (a) To the administrative officer if the person is admitted to a 4 division facility; or 5 (b) In all other cases, to the hospital rendering the service. 6 2. If a person or an estate liable for the care, maintenance and 7 support of a committed person neglects or refuses to pay the 8 administrative officer or the hospital rendering the service, the State 9 is entitled to recover, by appropriate legal action, all money owed to 10 a division facility or which the State has paid to a hospital for the 11 care of a committed person, plus interest at the rate established 12 pursuant to NRS 99.040. 13 Sec. 77. NRS 435.655 is hereby amended to read as follows: 14 435.655 1. When a person is admitted to a division facility or 15 hospital under one of the various forms of admission prescribed by 16 law, the parent or legal guardian of a person with an intellectual 17 disability or person with a related condition who is a minor or the 18 [husband or wife] spouse of a person with an intellectual disability 19 or person with a related condition, if of sufficient ability, and the 20 estate of the person with an intellectual disability or person with a 21 related condition, if the estate is sufficient for the purpose, shall pay 22 the cost of the maintenance for the person with an intellectual 23 disability or person with a related condition, including treatment and 24 surgical operations, in any hospital in which the person is 25 hospitalized under the provisions of this chapter: 26 (a) To the administrative officer if the person is admitted to a 27 division facility; or 28 (b) In all other cases, to the hospital rendering the service. 29 2. If a person or an estate liable for the care, maintenance and 30 support of a committed person neglects or refuses to pay the 31 administrative officer or the hospital rendering the service, the State 32 is entitled to recover, by appropriate legal action, all money owed to 33 a division facility or which the State has paid to a hospital for the 34 care of a committed person, plus interest at the rate established 35 pursuant to NRS 99.040. 36 Sec. 78. NRS 440.280 is hereby amended to read as follows: 37 440.280 1. If a birth occurs in a hospital or the mother and 38 child are immediately transported to a hospital, the person in charge 39 of the hospital or his or her designated representative shall obtain 40 the necessary information, prepare a birth certificate, secure the 41 signatures required by the certificate and file it within 10 days with 42 the health officer of the registration district where the birth occurred. 43 The physician in attendance shall provide the medical information 44 required by the certificate and certify to the fact of birth within 45 – 48 – - *AB229* 72 hours after the birth. If the physician does not certify to the fact 1 of birth within the required 72 hours, the person in charge of the 2 hospital or the designated representative shall complete and sign the 3 certification. 4 2. If a birth occurs outside a hospital and the mother and child 5 are not immediately transported to a hospital, the birth certificate 6 must be prepared and filed by one of the following persons in the 7 following order of priority: 8 (a) The physician in attendance at or immediately after the birth. 9 (b) Any other person in attendance at or immediately after the 10 birth. 11 (c) The father, mother or, if the father is absent and the mother is 12 incapacitated, the person in charge of the premises where the birth 13 occurred. 14 3. If a birth occurs in a moving conveyance, the place of birth 15 is the place where the child is removed from the conveyance. 16 4. In cities, the certificate of birth must be filed sooner than 10 17 days after the birth if so required by municipal ordinance or 18 regulation. 19 5. If the mother was: 20 (a) Married at the time of birth, the name of her [husband] 21 spouse must be entered on the certificate as the [father] other parent 22 of the child unless: 23 (1) A court has issued an order establishing that a person 24 other than the mother’s [husband] spouse is the [father] other 25 parent of the child; or 26 (2) The mother and a person other than the mother’s 27 [husband] spouse have signed a declaration for the voluntary 28 acknowledgment of paternity developed by the Board pursuant to 29 NRS 440.283. 30 (b) Widowed at the time of birth but married at the time of 31 conception, the name of her [husband] spouse at the time of 32 conception must be entered on the certificate as the [father] other 33 parent of the child unless: 34 (1) A court has issued an order establishing that a person 35 other than the mother’s [husband] spouse at the time of conception 36 is the [father] other parent of the child; or 37 (2) The mother and a person other than the mother’s 38 [husband] spouse at the time of conception have signed a 39 declaration for the voluntary acknowledgment of paternity 40 developed by the Board pursuant to NRS 440.283. 41 6. If the mother was unmarried at the time of birth, the name of 42 the [father] other parent may be entered on the original certificate 43 of birth only if: 44 – 49 – - *AB229* (a) The provisions of paragraph (b) of subsection 5 are 1 applicable; 2 (b) A court has issued an order establishing that the person is the 3 [father] other parent of the child; or 4 (c) The [mother and father] parents of the child have signed a 5 declaration for the voluntary acknowledgment of paternity 6 developed by the Board pursuant to NRS 440.283. If both [the father 7 and mother] parents execute a declaration consenting to the use of 8 the surname of [the father] one parent as the surname of the child, 9 the name of [the father] that parent must be entered on the original 10 certificate of birth and the surname of [the father] that parent must 11 be entered thereon as the surname of the child. 12 7. An order entered or a declaration executed pursuant to 13 subsection 6 must be submitted to the local health officer, the local 14 health officer’s authorized representative, or the attending physician 15 or midwife before a proper certificate of birth is forwarded to the 16 State Registrar. The order or declaration must then be delivered to 17 the State Registrar for filing. The State Registrar’s file of orders and 18 declarations must be sealed and the contents of the file may be 19 examined only upon order of a court of competent jurisdiction or at 20 the request of [the father or mother] either parent or the Division of 21 Welfare and Supportive Services of the Department of Health and 22 Human Services as necessary to carry out the provisions of 42 23 U.S.C. § 654a. The local health officer shall complete the original 24 certificate of birth in accordance with subsection 6 and other 25 provisions of this chapter. 26 8. As used in this section, “court” has the meaning ascribed to 27 it in NRS 125B.004. 28 Sec. 79. NRS 445B.805 is hereby amended to read as follows: 29 445B.805 The provisions of NRS 445B.800 do not apply to: 30 1. Transfer of registration or ownership between: 31 (a) [Husband and wife;] Spouses; or 32 (b) Companies whose principal business is leasing of vehicles, if 33 there is no change in the lessee or operator of the vehicle. 34 2. Motor vehicles which are subject to prorated registration 35 pursuant to the provisions of NRS 706.801 to 706.861, inclusive, 36 and which are not based in this State. 37 3. Transfer of registration if evidence of compliance was issued 38 within 90 days before the transfer. 39 4. A consignee who is conducting a consignment auction 40 which meets the requirements set forth in NRS 445B.807 if the 41 consignee: 42 (a) Informs the buyer, using a form, including, without 43 limitation, an electronic form, if applicable, as approved by the 44 Department of Motor Vehicles, that the consignee is not required to 45 – 50 – - *AB229* obtain an inspection or testing of the motor vehicle pursuant to the 1 regulations adopted by the Commission under NRS 445B.770 and 2 that any such inspection or testing that is required must be obtained 3 by the buyer before the buyer registers the motor vehicle; 4 (b) Posts a notice in a conspicuous location at the site of the 5 consignment auction or, if applicable, on the Internet website on 6 which the consignment auction is conducted, and includes a notice 7 in any document published by the consignee that lists the vehicles 8 available for the consignment auction or solicits persons to bid at the 9 consignment auction, stating that the consignee is exempt from any 10 requirement to obtain an inspection or testing of a motor vehicle 11 pursuant to the regulations adopted by the Commission under NRS 12 445B.770 if the motor vehicle is sold at the consignment auction; 13 and 14 (c) Makes the vehicle available for inspection before the 15 consignment auction: 16 (1) In the case of a live auction with an auctioneer verbally 17 calling for and accepting bids, at the location of the consignment 18 auction; or 19 (2) In the case of an auction that is conducted on an auction 20 website on the Internet by a consignee who is certified pursuant to 21 subsection 2 of NRS 445B.807, at the primary place of business of 22 the consignee conducting the consignment auction. 23 Sec. 80. NRS 449.246 is hereby amended to read as follows: 24 449.246 1. Before discharging an unmarried woman who has 25 borne a child, a hospital or obstetric center shall provide to the 26 child’s [mother and father:] parents: 27 (a) The opportunity to sign, in the hospital, a declaration for the 28 voluntary acknowledgment of paternity developed pursuant to 29 NRS 440.283; 30 (b) Written materials about establishing paternity; 31 (c) The forms necessary to acknowledge paternity voluntarily; 32 (d) A written description of the rights and responsibilities of 33 acknowledging paternity; and 34 (e) The opportunity to speak by telephone with personnel of the 35 program for enforcement of child support who are trained to clarify 36 information and answer questions about the establishment of 37 paternity. 38 2. The Administrator of the Division of Welfare and 39 Supportive Services of the Department of Health and Human 40 Services shall adopt the regulations necessary to ensure that the 41 services provided by a hospital or obstetric center pursuant to this 42 section are in compliance with the regulations adopted by the 43 Secretary of Health and Human Services pursuant to 42 U.S.C. § 44 666(a)(5)(C). 45 – 51 – - *AB229* Sec. 81. NRS 451.010 is hereby amended to read as follows: 1 451.010 1. The right to dissect the dead body of a human 2 being is limited to cases: 3 (a) Specially provided by statute or by the direction or will of 4 the deceased. 5 (b) Where a coroner is authorized under NRS 259.050 or an 6 ordinance enacted pursuant to NRS 244.163 to hold an inquest upon 7 the body, and then only as the coroner may authorize dissection. 8 (c) Where the [husband, wife] spouse or next of kin charged by 9 law with the duty of burial authorize dissection for the purpose of 10 ascertaining the cause of death, and then only to the extent so 11 authorized. 12 (d) Where authorized by the provisions of NRS 451.350 to 13 451.470, inclusive. 14 (e) Where authorized by the provisions of NRS 451.500 to 15 451.598, inclusive. 16 2. Every person who makes, causes or procures to be made any 17 dissection of the body of a human being, except as provided in 18 subsection 1, is guilty of a gross misdemeanor. 19 Sec. 82. NRS 451.023 is hereby amended to read as follows: 20 451.023 The [husband or wife] spouse of a minor child or the 21 parent of an unmarried or otherwise unemancipated minor child 22 shall be primarily responsible for the decent burial or cremation of 23 his or her spouse or such child within a reasonable time after death. 24 Sec. 83. NRS 451.025 is hereby amended to read as follows: 25 451.025 If the governing body of any county, city or town 26 within the State of Nevada must arrange for and order the decent 27 burial of any person dying within such county, city or town, leaving 28 a [husband or wife] spouse or parent in whose custody such person 29 remained at the time he or she died, which [husband or wife] spouse 30 or parent is not indigent and not otherwise eligible for assistance as 31 a poor person and expenses for a decent burial have been paid out of 32 public funds pursuant to such an order, the county, city or town 33 must be reimbursed for its expenses of burial of the dead body of 34 such person by the [husband, wife] spouse or parent charged by law 35 with the duty of burial. 36 Sec. 84. NRS 486.101 is hereby amended to read as follows: 37 486.101 1. The application of any person under the age of 18 38 years for a motorcycle driver’s license must be signed and verified, 39 before a person authorized to administer oaths, by either or both [the 40 father or mother] parents of the applicant, if either or both are living 41 and have custody of the applicant, or if neither parent is living, then 42 by the guardian having custody, or by an employer of the minor, or 43 if there is no guardian or employer, then by any responsible person 44 who is willing to assume the obligation imposed pursuant to 45 – 52 – - *AB229* NRS 486.011 to 486.381, inclusive, upon a person signing the 1 application of a minor. 2 2. Any negligence or willful misconduct of a minor under the 3 age of 18 years when driving a motorcycle upon a highway is 4 imputed to the person who signed the application of the minor for a 5 license. That person is jointly and severally liable with the minor for 6 any damages caused by negligence or willful misconduct. 7 Sec. 85. NRS 598B.110 is hereby amended to read as follows: 8 598B.110 1. A creditor shall consider the combined income 9 of both [husband and wife] spouses for the purpose of extending 10 credit to a married couple and shall not exclude the income of either 11 without just cause. The creditor shall determine the creditworthiness 12 of the married couple upon a reasonable evaluation of the past, 13 present and foreseeable economic circumstances of both spouses. 14 2. A request for the signatures of both parties to a marriage for 15 the purpose of creating a valid lien or passing clear title, waiving 16 inchoate rights to property or assigning earnings, does not constitute 17 credit discrimination. 18 3. An inquiry of marital status does not constitute 19 discrimination for the purposes of this chapter if such inquiry is for 20 the purpose of ascertaining the creditor’s rights and remedies 21 applicable to the particular extension of credit, and not to 22 discriminate in a determination of creditworthiness. 23 4. Consideration or application of state property laws directly 24 or indirectly affecting creditworthiness does not constitute 25 discrimination for the purposes of this chapter. 26 Sec. 86. NRS 612.105 is hereby amended to read as follows: 27 612.105 “Employment” does not include service performed by 28 an individual in the employ of the individual’s son, daughter or 29 spouse, and service performed by a child under the age of 18 years 30 in the employ of the child’s [father or mother.] parent. 31 Sec. 87. NRS 616C.505 is hereby amended to read as follows: 32 616C.505 If an injury by accident arising out of and in the 33 course of employment causes the death of an employee in the 34 employ of an employer, within the provisions of chapters 616A to 35 616D, inclusive, of NRS, the compensation is known as a death 36 benefit and is payable as follows: 37 1. In addition to any other compensation payable pursuant to 38 chapters 616A to 616D, inclusive, of NRS, burial expenses are 39 payable in an amount not to exceed $10,000, plus the cost of 40 transporting the remains of the deceased employee. When the 41 remains of the deceased employee and the person accompanying the 42 remains are to be transported to a mortuary or mortuaries, the charge 43 of transportation must be borne by the insurer. 44 – 53 – - *AB229* 2. Except as otherwise provided in subsection 3, to the 1 surviving spouse of the deceased employee, 66 2/3 percent of the 2 average monthly wage is payable until the death of the surviving 3 spouse. 4 3. If there is a surviving spouse and any surviving children of 5 the deceased employee who are not the children of the surviving 6 spouse, the compensation otherwise payable pursuant to subsection 7 2 must be paid as follows until the entitlement of all children of the 8 deceased employee to receive compensation pursuant to this 9 subsection ceases: 10 (a) To the surviving spouse, 50 percent of the death benefit is 11 payable until the death of the surviving spouse; and 12 (b) To each child of the deceased employee, regardless of 13 whether the child is the child of the surviving spouse, the child’s 14 proportionate share of 50 percent of the death benefit and, except as 15 otherwise provided in subsection 11, if the child has a guardian, the 16 compensation the child is entitled to receive may be paid to the 17 guardian. 18 4. In the event of the subsequent death of the surviving spouse: 19 (a) Each surviving child of the deceased employee, in addition 20 to any amount the child may be entitled to pursuant to subsection 3, 21 must share equally the compensation theretofore paid to the 22 surviving spouse but not in excess thereof, and it is payable until the 23 youngest child reaches the age of 18 years. 24 (b) Except as otherwise provided in subsection 11, if the 25 children have a guardian, the compensation they are entitled to 26 receive may be paid to the guardian. 27 5. If there are any surviving children of the deceased employee 28 under the age of 18 years, but no surviving spouse, then each such 29 child is entitled to his or her proportionate share of 66 2/3 percent of 30 the average monthly wage for the support of the child. 31 6. Except as otherwise provided in subsection 7, if there is no 32 surviving spouse or child under the age of 18 years, there must be 33 paid: 34 (a) To a parent, if wholly dependent for support upon the 35 deceased employee at the time of the injury causing the death of the 36 deceased employee, 33 1/3 percent of the average monthly wage. 37 (b) To both parents, if wholly dependent for support upon the 38 deceased employee at the time of the injury causing the death of the 39 deceased employee, 66 2/3 percent of the average monthly wage. 40 (c) To each brother or sister until he or she reaches the age of 18 41 years, if wholly dependent for support upon the deceased employee 42 at the time of the injury causing the death of the deceased employee, 43 his or her proportionate share of 66 2/3 percent of the average 44 monthly wage. 45 – 54 – - *AB229* 7. The aggregate compensation payable pursuant to subsection 1 6 must not exceed 66 2/3 percent of the average monthly wage. 2 8. In all other cases involving a question of total or partial 3 dependency: 4 (a) The extent of the dependency must be determined in 5 accordance with the facts existing at the time of the injury. 6 (b) If the deceased employee leaves dependents only partially 7 dependent upon the earnings of the deceased employee for support 8 at the time of the injury causing his or her death, the monthly 9 compensation to be paid must be equal to the same proportion of the 10 monthly payments for the benefit of persons totally dependent as the 11 amount contributed by the deceased employee to the partial 12 dependents bears to the average monthly wage of the deceased 13 employee at the time of the injury resulting in his or her death. 14 (c) The duration of compensation to partial dependents must be 15 fixed in accordance with the facts shown, but may not exceed 16 compensation for 100 months. 17 9. Compensation payable to a surviving spouse is for the use 18 and benefit of the surviving spouse and the dependent children, and 19 the insurer may, from time to time, apportion such compensation 20 between them in such a way as it deems best for the interest of all 21 dependents. 22 10. In the event of the death of any dependent specified in this 23 section before the expiration of the time during which compensation 24 is payable to the dependent, funeral expenses are payable in an 25 amount not to exceed $10,000. 26 11. If a dependent is entitled to receive a death benefit pursuant 27 to this section and is less than 18 years of age or incompetent, the 28 legal representative of the dependent shall petition for a guardian to 29 be appointed for that dependent pursuant to NRS 159.044. An 30 insurer shall not pay any compensation in excess of $3,000, other 31 than burial expenses, to the dependent until a guardian is appointed 32 and legally qualified. Upon receipt of a certified letter of 33 guardianship, the insurer shall make all payments required by this 34 section to the guardian of the dependent until the dependent is 35 emancipated, the guardianship terminates or the dependent reaches 36 the age of 18 years, whichever occurs first, unless paragraph (a) of 37 subsection 12 is applicable. The fees and costs related to the 38 guardianship must be paid from the estate of the dependent. A 39 guardianship established pursuant to this subsection must be 40 administered in accordance with chapter 159 of NRS, except that 41 after the first annual review required pursuant to NRS 159.176, a 42 court may elect not to review the guardianship annually. The court 43 shall review the guardianship at least once every 3 years. As used in 44 – 55 – - *AB229* this subsection, “incompetent” has the meaning ascribed to it in 1 NRS 159.019. 2 12. Except as otherwise provided in paragraphs (a) and (b), the 3 entitlement of any child to receive his or her proportionate share of 4 compensation pursuant to this section ceases when the child dies, 5 marries or reaches the age of 18 years. A child is entitled to continue 6 to receive compensation pursuant to this section if the child is: 7 (a) Over 18 years of age and incapable of supporting himself or 8 herself, until such time as the child becomes capable of supporting 9 himself or herself; or 10 (b) Over 18 years of age and enrolled as a full-time student in an 11 accredited vocational or educational institution, until the child 12 reaches the age of 22 years. 13 13. As used in this section, “surviving spouse” means a 14 surviving [husband or wife] person who was married to the 15 employee at the time of the employee’s death. 16 Sec. 88. NRS 645B.015 is hereby amended to read as follows: 17 645B.015 Except as otherwise provided in NRS 645B.016, the 18 Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 19 12 U.S.C. §§ 5101 et seq., and any regulations adopted pursuant 20 thereto and other applicable law, the provisions of this chapter do 21 not apply to: 22 1. Any person doing business under the laws of this State, any 23 other state or the United States relating to banks, savings banks, 24 trust companies, savings and loan associations, industrial loan 25 companies, credit unions, thrift companies or insurance companies, 26 including, without limitation, a subsidiary or a holding company of 27 such a bank, company, association or union. 28 2. A real estate investment trust, as defined in 26 U.S.C. § 856, 29 unless the business conducted in this State is not subject to 30 supervision by the regulatory authority of the other jurisdiction, in 31 which case licensing pursuant to this chapter is required. 32 3. An employee benefit plan, as defined in 29 U.S.C. § 33 1002(3), if the loan is made directly from money in the plan by the 34 plan’s trustee. 35 4. An attorney at law rendering services in the performance of 36 his or her duties as an attorney at law. 37 5. A real estate broker rendering services in the performance of 38 his or her duties as a real estate broker. 39 6. Any person doing any act under an order of any court. 40 7. Any one natural person, or [husband and wife,] married 41 couple, who provides money for investment in commercial loans 42 secured by a lien on real property, on his or her own account, unless 43 such a person makes a loan secured by a lien on real property using 44 his or her own money and assigns all or a part of his or her interest 45 – 56 – - *AB229* in the loan to another person, other than his or her spouse or child, 1 within 3 years after the date on which the loan is made or the deed 2 of trust is recorded, whichever occurs later. 3 8. A natural person who only offers or negotiates terms of a 4 residential mortgage loan: 5 (a) With or on behalf of an immediate family member of the 6 person; 7 (b) Secured by a dwelling that served as the person’s residence; 8 or 9 (c) If: 10 (1) The residential mortgage loan is for a manufactured 11 home, as defined in NRS 118B.015; 12 (2) The residential mortgage loan is financed by the seller; 13 and 14 (3) The seller has not engaged in more than five such loans 15 in this State during the immediately preceding 12 consecutive 16 months. 17 9. Agencies of the United States and of this State and its 18 political subdivisions, including the Public Employees’ Retirement 19 System. 20 10. A seller of real property who offers credit secured by a 21 mortgage of the property sold. 22 11. A nonprofit agency or organization: 23 (a) Which provides self-help housing for a borrower who has 24 provided part of the labor to construct the dwelling securing the 25 borrower’s loan; 26 (b) Which does not charge or collect origination fees in 27 connection with the origination of residential mortgage loans; 28 (c) Which only makes residential mortgage loans at an interest 29 rate of 0 percent per annum; 30 (d) Whose volunteers, if any, do not receive compensation for 31 their services in the construction of a dwelling; 32 (e) Which does not profit from the sale of a dwelling to a 33 borrower; and 34 (f) Which maintains tax-exempt status under section 501(c)(3) 35 of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3). 36 12. A housing counseling agency approved by the United 37 States Department of Housing and Urban Development. 38 Sec. 89. NRS 645E.150 is hereby amended to read as follows: 39 645E.150 Except as otherwise provided in NRS 645E.160, the 40 Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 41 12 U.S.C. §§ 5101 et seq., and any regulations adopted pursuant 42 thereto or other applicable law, the provisions of this chapter do not 43 apply to: 44 – 57 – - *AB229* 1. Any person doing business under the laws of this State, any 1 other state or the United States relating to banks, savings banks, 2 trust companies, savings and loan associations, industrial loan 3 companies, credit unions, thrift companies or insurance companies, 4 including, without limitation, a subsidiary or a holding company of 5 such a bank, company, association or union. 6 2. A real estate investment trust, as defined in 26 U.S.C. § 856, 7 unless the business conducted in this State is not subject to 8 supervision by the regulatory authority of the other jurisdiction, in 9 which case licensing pursuant to this chapter is required. 10 3. An employee benefit plan, as defined in 29 U.S.C. § 11 1002(3), if the loan is made directly from money in the plan by the 12 plan’s trustee. 13 4. An attorney at law rendering services in the performance of 14 his or her duties as an attorney at law. 15 5. A real estate broker rendering services in the performance of 16 his or her duties as a real estate broker. 17 6. Any person doing any act under an order of any court. 18 7. Any one natural person, or [husband and wife,] married 19 couple, who provides money for investment in commercial loans 20 secured by a lien on real property, on his or her own account, unless 21 such a person makes a loan secured by a lien on real property using 22 his or her own money and assigns all or a part of his or her interest 23 in the loan to another person, other than his or her spouse or child, 24 within 3 years after the date on which the loan is made or the deed 25 of trust is recorded, whichever occurs later. 26 8. A natural person who only offers or negotiates terms of a 27 residential mortgage loan: 28 (a) With or on behalf of an immediate family member of the 29 person; or 30 (b) Secured by a dwelling that served as the person’s residence. 31 9. Agencies of the United States and of this State and its 32 political subdivisions, including the Public Employees’ Retirement 33 System. 34 10. A seller of real property who offers credit secured by a 35 mortgage of the property sold. 36 11. A nonprofit agency or organization: 37 (a) Which provides self-help housing for a borrower who has 38 provided part of the labor to construct the dwelling securing the 39 borrower’s loan; 40 (b) Which does not charge or collect origination fees in 41 connection with the origination of residential mortgage loans; 42 (c) Which only makes residential mortgage loans at an interest 43 rate of 0 percent per annum; 44 – 58 – - *AB229* (d) Whose volunteers, if any, do not receive compensation for 1 their services in the construction of a dwelling; and 2 (e) Which does not profit from the sale of a dwelling to a 3 borrower. 4 12. A housing counseling agency approved by the United 5 States Department of Housing and Urban Development. 6 Sec. 90. NRS 687B.080 is hereby amended to read as follows: 7 687B.080 1. Except as otherwise provided in subsection 2, 8 no life or health insurance contract upon a person, except a contract 9 of group life insurance or of group or blanket health insurance, may 10 be made or effectuated unless at the time of the making of the 11 contract the person insured, being of competent legal capacity to 12 contract, applies therefor or has consented thereto in writing. 13 2. The following persons may enter into a contract for life or 14 health insurance upon another person without the insured’s written 15 consent: 16 (a) A spouse may effectuate such insurance upon the other 17 spouse. 18 (b) Any person having an insurable interest in the life of a 19 minor, or any person upon whom a minor is dependent for support 20 and maintenance, may effectuate insurance upon the life of or 21 pertaining to the minor. 22 (c) Family policies may be issued insuring any two or more 23 members of a family on an application signed by either parent, a 24 stepparent, a guardian, or by a [husband or wife.] spouse. 25 3. An insurer who receives: 26 (a) An application in accordance with subsection 2 for a contract 27 for insurance upon the life of another; or 28 (b) A request to increase the existing coverage upon the life of 29 an insured by a person other than the insured, 30 ¬ shall, unless the application or request relates to a contract of 31 group life insurance or of group or blanket health insurance, cause 32 notice of the application or request to be mailed to the insured at the 33 home or business of the insured within 48 hours after receiving the 34 application or request. 35 Sec. 91. This act becomes effective on July 1, 2017. 36 H

- 79th Session (2017) Assembly Bill No. 229–Assemblymen Spiegel, Araujo, Carrillo; Brooks, Cohen, Flores, Frierson, Fumo and Joiner Joint Sponsors: Senators Parks, Manendo, Atkinson, Spearman; and Segerblom CHAPTER.......... AN ACT relating to domestic relations; authorizing the marriage of two persons of any gender under certain circumstances; revising provisions relating to the division of community property and liabilities in certain domestic relations actions; revising certain provisions governing domestic relations; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under the Nevada Constitution, only marriage between one man and one woman is recognized. (Nev. Const. Art. 1, § 21) Existing law currently provides that one man and one woman may be joined in marriage. (NRS 122.020) On June 26, 2015, the Supreme Court of the United States held that under the Fourteenth Amendment of the United States Constitution: (1) same-sex couples may exercise the fundamental right to marry; (2) state laws that exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples are invalid; and (3) states may not refuse to recognize a same-sex marriage that was lawfully licensed and performed in another state. Obergefell v. Hodges, 135 S.Ct. 2584 (2015) Section 1 of this bill authorizes two persons, regardless of gender, to be joined in marriage. Sections 2-90 of this bill make conforming 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: Section 1. NRS 122.020 is hereby amended to read as follows: 122.020 1. Except as otherwise provided in this section, [a male and a female person,] two persons, regardless of gender, at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a [husband or wife] spouse living, may be joined in marriage. 2. [A male and a female person] Two persons, regardless of gender, who are [the husband and wife of] married to each other may be rejoined in marriage if the record of their marriage has been lost or destroyed or is otherwise unobtainable. 3. A person at least 16 years of age but less than 18 years of age may marry only if the person has the consent of: – 2 – - 79th Session (2017) (a) Either parent; or (b) Such person’s legal guardian. Sec. 2. NRS 122.050 is hereby amended to read as follows: 122.050 The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 and must be substantially in the following form: MARRIAGE LICENSE (EXPIRES 1 YEAR AFTER ISSUANCE) State of Nevada } }ss. County of ......................... } These presents are to authorize any minister, other church or religious official authorized to solemnize a marriage or notary public who has obtained a certificate of permission to perform marriages, any Supreme Court justice, judge of the Court of Appeals or district judge within this State, or justice of the peace within a township wherein the justice of the peace is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his or her deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ [Father’s name] Name of Parent No. 1 ........ [Father’s state] State of birth of Parent No. 1 (If not in U.S.A., name of country) ........ [Mother’s maiden name] Name of Parent No. 2 ........ [Mother’s state] State of birth of Parent No. 2 (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... [Wife deceased] Former Spouse: Deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ [Father’s name] Name of Parent No. 1 ........ [Father’s state] State of birth of Parent No. 1 (If not in U.S.A., name of country) ........ [Mother’s maiden name] Name of Parent No. 2 ........ [Mother’s state] State of birth of Parent No. 2 (If not in U.S.A., name of country) ........ – 3 – - 79th Session (2017) Number of this marriage (1st, 2nd, etc.) ........ [Husband deceased] Former Spouse: Deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law. Witness my hand and the seal of the county, this ..... day of the month of ………. of the year ............ ........................................... (Seal) Clerk ........................................... Deputy clerk Sec. 3. NRS 122.062 is hereby amended to read as follows: 122.062 1. Any licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage in good standing within his or her church or religious organization, or either of them, incorporated, organized or established in this State, or a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State, may join together [as husband and wife] in marriage persons who present a marriage license obtained from any county clerk of the State, if the minister, other church or religious official authorized to solemnize a marriage or notary public first obtains a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive. 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. 2. A temporary replacement for a licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage certified pursuant to NRS 122.062 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 for a period not to exceed 90 days, if the requirements of this subsection are satisfied. 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 – 4 – - 79th Session (2017) to solemnize marriage and submit to the county clerk an application fee of $25. 3. 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. The county clerk shall issue such a certificate to a chaplain upon proof of his or her military status as a chaplain and of his or her assignment. 4. A licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage, active or retired, or a notary public may submit to the county clerk in the county in which a marriage is to be performed an application to perform a specific marriage in the county. The application must: (a) Include the full names and addresses of the persons to be married; (b) Include the date and location of the marriage ceremony; (c) Include the information and documents required pursuant to subsection 1 of NRS 122.064; and (d) Be accompanied by an application fee of $25. 5. A county clerk may grant authorization to perform a specific marriage to a person who submitted an application pursuant to subsection 4 if the county clerk is satisfied that the minister or other church or religious official authorized to solemnize a marriage, whether he or she is active or retired, is in good standing with his or her church or religious organization or, in the case of a notary public, if the notary public is in good standing with the Secretary of State. The authorization must be in writing and need not be filed with any other public officer. A separate authorization is required for each marriage performed. 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 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. Sec. 4. NRS 122.080 is hereby amended to read as follows: 122.080 1. 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 – 5 – - 79th Session (2017) 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. 2. This section does not prohibit: (a) A justice of the peace of one township, while acting in the place and stead of the justice of the peace of any other township, from performing marriage ceremonies within the other township, if such other township is not a commissioner township. (b) A justice of the peace of one township performing marriages in another township of the same county where there is no duly qualified and acting justice of the peace, if such other township is not a commissioner township or if he or she is authorized to perform the marriage pursuant to subsection 3. 3. In any calendar year, a justice of the peace may perform not more than 20 marriage ceremonies in commissioner townships 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. 4. 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. 5. 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. Sec. 5. NRS 122.110 is hereby amended to read as follows: 122.110 1. 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, – 6 – - 79th Session (2017) 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. 2. In every case, there shall be at least one witness present besides the person performing the ceremony. Sec. 6. NRS 122.120 is hereby amended to read as follows: 122.120 1. After a marriage is solemnized, the person solemnizing the marriage shall give to each couple being married a certificate of marriage. 2. 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. 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. The certificate of marriage must be in substantially the following form: STATE OF NEVADA MARRIAGE CERTIFICATE State of Nevada } }ss. County of ......................... } This is to certify that the undersigned, ................................ (a minister or other church or religious official authorized to solemnize a marriage, notary public, judge, justice of the peace of ................................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ................ day of the month of ………. of the year ..............., at ................ (address or church), ................ (city), Nevada, join or rejoin, as the case may be, in lawful wedlock ................ (name), of ................ (city), State of ................, date of birth ................, and ................ (name), of ................(city), State of ................, date of birth ................, with their mutual consent, in the presence of ................ and ................ (witnesses). (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 – 7 – - 79th Session (2017) NRS 122.020, this certificate replaces the record of the marriage of the [male and female person] persons who are being rejoined in marriage.) ........................................................ Signature of person performing (Seal of County Clerk) the marriage ........................................................ Name under signature typewritten or printed in black ink ............................................ County Clerk ........................................................ Official title of person performing the marriage ............................................ ............................................ Couple’s mailing address 3. All information contained in the certificate of marriage must be typewritten or legibly printed in black ink, except the signatures. The signature of the person performing the marriage must be an original signature. Sec. 7. NRS 122.220 is hereby amended to read as follows: 122.220 1. 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. 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 – 8 – - 79th Session (2017) commissioner of civil marriages who violates the provisions of subsection 1 is guilty of a misdemeanor. Sec. 8. NRS 123.010 is hereby amended to read as follows: 123.010 1. The property rights of [husband and wife] a married couple are governed by this chapter, unless there is: (a) A premarital agreement which is enforceable pursuant to chapter 123A of NRS; or (b) A marriage contract or settlement, ¬ containing stipulations contrary thereto. 2. Chapter 76, Statutes of Nevada 1865, is repealed, but no rights vested or proceedings taken before March 10, 1873, shall be affected by anything contained in this chapter of NRS. Sec. 9. NRS 123.020 is hereby amended to read as follows: 123.020 No estate is allowed [the husband] one spouse as tenant by curtesy upon the death of his [wife,] or her spouse, nor is any estate in dower allotted to the [wife] other spouse upon the death of his or her [husband.] spouse. Sec. 10. NRS 123.030 is hereby amended to read as follows: 123.030 A [husband and wife] married couple may hold real or personal property as joint tenants, tenants in common, or as community property. Sec. 11. NRS 123.060 is hereby amended to read as follows: 123.060 Except as mentioned in NRS 123.070, neither [husband nor wife] spouse has any interest in the property of the other [.] spouse. Sec. 12. NRS 123.070 is hereby amended to read as follows: 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. Sec. 13. NRS 123.080 is hereby amended to read as follows: 123.080 1. A [husband and wife] married couple cannot by any contract with each other alter their legal relations except as to property, and except that they may agree to an immediate separation and may make provision for the support of either of them and of their children during such separation. 2. The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in subsection 1. 3. In the event that a suit for divorce is pending or immediately contemplated by one of the spouses against the other, the validity of – 9 – - 79th Session (2017) 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 and not otherwise. 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. Sec. 14. NRS 123.090 is hereby amended to read as follows: 123.090 If [the husband] a spouse neglects to make adequate provision for the support of his [wife,] or her spouse, any other person may in good faith supply [her] the neglected spouse with articles necessary for his or her support, and recover the reasonable value thereof from the [husband.] neglecting spouse. The separate property of the [husband] neglecting spouse is liable for the cost of such necessities if the community property of the spouses is not sufficient to satisfy such debt. Sec. 15. NRS 123.100 is hereby amended to read as follows: 123.100 A [husband or wife] spouse abandoned by his or her spouse is not liable for the support of the abandoning spouse until such spouse offers to return unless the misconduct of the [husband or wife] abandoned spouse justified the abandonment. Sec. 16. NRS 123.110 is hereby amended to read as follows: 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. Sec. 17. NRS 123.121 is hereby amended to read as follows: 123.121 When [a husband and wife] spouses sue jointly, any damages awarded shall be segregated as follows: 1. If the action is for personal injuries, damages assessed for: (a) Personal injuries and pain and suffering, to the injured spouse as his or her separate property. (b) Loss of comfort and society, to the spouse who suffers such loss. (c) Loss of services and hospital and medical expenses, to the spouses as community property. – 10 – - 79th Session (2017) 2. If the action is for injury to property, damages shall be awarded according to the character of the injured property. Damages to separate property shall be awarded to the spouse owning such property, and damages to community property shall be awarded to the spouses as community property. Sec. 18. NRS 123.130 is hereby amended to read as follows: 123.130 [1.] All property of [the wife] a spouse owned by him or her before marriage, and that was acquired by him or her afterwards by gift, bequest, devise, descent or by an award for personal injury damages, with the rents, issues and profits thereof, is his or her separate property. [2. All property of the husband owned by him before marriage, and that acquired by him afterwards by gift, bequest, devise, descent or by an award for personal injury damages, with the rents, issues and profits thereof, is his separate property.] Sec. 19. NRS 123.180 is hereby amended to read as follows: 123.180 1. Any property acquired by a child by gift, bequest, devise or descent, with the rents, issues and profits thereof, is the child’s own property, and neither parent is entitled to any interest therein. 2. The earnings and accumulations of earnings of a minor child are the community property of his or her parents unless relinquished to the child. Such relinquishment may be shown by written instrument, proof of a specific oral gift, or proof of a course of conduct. 3. 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. Sec. 20. NRS 123.190 is hereby amended to read as follows: 123.190 [1.] When [the husband] a spouse has given written authority to [the wife] his or her spouse to appropriate to his or her own use [her] the spouse’s earnings, the same, with the issues and profits thereof, is deemed a gift from [him to her,] one spouse to the other, and is, with such issues and profits, [her] the latter spouse’s separate property. [2. 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.] – 11 – - 79th Session (2017) Sec. 21. NRS 123.220 is hereby amended to read as follows: 123.220 All property, other than that stated in NRS 123.130, acquired after marriage by either [husband or wife,] spouse or both [,] spouses, is community property unless otherwise provided by: 1. An agreement in writing between the spouses. 2. A decree of separate maintenance issued by a court of competent jurisdiction. 3. NRS 123.190. 4. A decree issued or agreement in writing entered pursuant to NRS 123.259. Sec. 22. NRS 123.225 is hereby amended to read as follows: 123.225 1. The respective interests of [the husband and wife] each spouse in community property during continuance of the marriage relation are present, existing and equal interests, subject to the provisions of NRS 123.230. 2. The provisions of this section apply to all community property, whether the community property was acquired before, on or after March 26, 1959. Sec. 23. NRS 123.250 is hereby amended to read as follows: 123.250 1. Except as otherwise provided in subsection 2, upon the death of either [husband or wife:] spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property. (b) The remaining interest: (1) Is subject to the testamentary disposition of the decedent or, in the absence of such a testamentary disposition, goes to the surviving spouse; and (2) Is the only portion subject to administration under the provisions of title 12 of NRS. 2. The provisions of this section: (a) Do not apply to the extent that they are inconsistent with the provisions of chapter 41B of NRS. (b) Do not apply to community property with right of survivorship. (c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975. 3. As used in this section, “community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law. – 12 – - 79th Session (2017) Sec. 24. NRS 123.259 is hereby amended to read as follows: 123.259 1. 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. 2. The court shall not enter such a decree if the division is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS. 3. Unless modified pursuant to subsection 4 or 5, the court may divide the income and resources: (a) Equally between the spouses; or (b) By protecting income for the community spouse through application of the maximum federal minimum monthly maintenance needs allowance set forth in 42 U.S.C. § 1396r-5(d)(3)(C) and by permitting a transfer of resources to the community spouse an amount which does not exceed the amount set forth in 42 U.S.C. § 1396r-5(f)(2)(A)(ii). 4. If either spouse establishes that the community spouse needs income greater than that otherwise provided under paragraph (b) of subsection 3, upon finding exceptional circumstances resulting in significant financial duress and setting forth in writing the reasons for that finding, the court may enter an order for support against the institutionalized spouse for the support of the community spouse in an amount adequate to provide such additional income as is necessary. 5. 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. 6. A copy of a petition for relief under subsection 4 or 5 and any court order issued pursuant to such a petition must be served on the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services when any application for medical assistance is made by or on behalf of an institutionalized spouse. 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 – 13 – - 79th Session (2017) 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. 7. 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. 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. 8. An agreement entered into or decree entered pursuant to this section may not be binding on the Division of Welfare and Supportive Services of the Department of Health and Human Services in making determinations under the State Plan for Medicaid. 9. As used in this section, “community spouse” and “institutionalized spouse” have the meanings respectively ascribed to them in 42 U.S.C. § 1396r-5(h). Sec. 25. NRS 125.010 is hereby amended to read as follows: 125.010 Divorce from the bonds of matrimony may be obtained for any of the following causes: 1. Insanity existing for 2 years prior to the commencement of the action. 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. 2. When the [husband and wife] spouses have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party. 3. Incompatibility. Sec. 26. NRS 125.130 is hereby amended to read as follows: 125.130 1. A judgment or decree of divorce granted pursuant to the provisions of this chapter is a final decree. 2. Whenever a decree of divorce from the bonds of matrimony is granted in this State by a court of competent authority, the decree fully and completely dissolves the marriage contract as to both parties. 3. A court that grants a decree of divorce pursuant to the provisions of this section shall ensure that the social security – 14 – - 79th Session (2017) 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. 4. 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. Sec. 27. NRS 125.150 is hereby amended to read as follows: 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: 1. In granting a divorce, the court: (a) May award such alimony to [the wife or to the husband,] either spouse, in a specified principal sum or as specified periodic payments, as appears just and equitable; and (b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition. 2. Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. 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. 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. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider: (a) The intention of the parties in placing the property in joint tenancy; (b) The length of the marriage; and (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property. – 15 – - 79th Session (2017) ¬ 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. 3. A party may file a postjudgment motion in any action for divorce, annulment or separate maintenance to obtain adjudication of any community property or liability omitted from the decree or judgment as the result of 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. The court has continuing jurisdiction to hear such a motion and shall equally divide the omitted community property or liability between the parties unless the court finds that: (a) The community property or liability was included in a prior equal disposition of the community property of the parties or in an unequal disposition of the community property of the parties which was made pursuant to written findings of a compelling reason for making that unequal disposition; or (b) The court determines a compelling reason in the interests of justice to make an unequal disposition of the community property or liability and sets forth in writing the reasons for making the unequal disposition. ¬ 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. 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. 5. In granting a divorce, the court may also set apart such portion of the [husband’s] separate property of either spouse for the [wife’s] other spouse’s support [, the wife’s separate property for the husband’s support] or the separate property of either spouse for the support of their children as is deemed just and equitable. 6. In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court. – 16 – - 79th Session (2017) 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. 8. If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. 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. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay. 9. In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider: (a) The financial condition of each spouse; (b) The nature and value of the respective property of each spouse; (c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030; (d) The duration of the marriage; (e) The income, earning capacity, age and health of each spouse; (f) The standard of living during the marriage; (g) The career before the marriage of the spouse who would receive the alimony; (h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage; (i) The contribution of either spouse as homemaker; (j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and – 17 – - 79th Session (2017) (k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse. 10. 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 addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider: (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education. 11. If the court determines that alimony should be awarded pursuant to the provisions of subsection 10: (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. (b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order. (c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for: (1) Testing of the recipient’s skills relating to a job, career or profession; (2) Evaluation of the recipient’s abilities and goals 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; (4) Subsidization of an employer’s costs incurred in training the recipient; (5) Assisting the recipient to search for a job; or (6) Payment of the costs of tuition, books and fees for: (I) The equivalent of a high school diploma; (II) College courses which are directly applicable to the recipient’s goals for his or her career; or (III) Courses of training in skills desirable for employment. 12. For the purposes of this section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. As – 18 – - 79th Session (2017) used in this subsection, “gross monthly income” has the meaning ascribed to it in NRS 125B.070. Sec. 28. NRS 125.181 is hereby amended to read as follows: 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: 1. Either party has met the jurisdictional requirements of NRS 125.020. 2. The [husband and wife] spouses have lived separate and apart for 1 year without cohabitation or they are incompatible. 3. There are no minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage and [the] a wife, to her knowledge, is not pregnant, or the parties have executed an agreement as to the custody of any children and setting forth the amount and manner of their support. 4. 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. 5. The parties waive any rights to spousal support or the parties have executed an agreement setting forth the amount and manner of spousal support. 6. The parties waive their respective rights to written notice of entry of the decree of divorce, to appeal, to request findings of fact and conclusions of law and to move for a new trial. 7. The parties desire that the court enter a decree of divorce. Sec. 29. NRS 125.182 is hereby amended to read as follows: 125.182 1. 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: (a) Facts which support the jurisdictional requirements of NRS 125.020; and (b) Grounds for the divorce. 2. The petition must also state: (a) The date and the place of the marriage. (b) The mailing address of both [the husband and the wife.] spouses. – 19 – - 79th Session (2017) (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. 3. An affidavit of corroboration of residency which complies with the provisions of subsections 1, 2 and 4 of NRS 125.123 must accompany the petition. If there is a marital settlement agreement which the parties wish the court to approve or make a part of the decree, it must be identified and attached to the petition as an exhibit. Sec. 30. NRS 125.210 is hereby amended to read as follows: 125.210 1. Except as otherwise provided in subsection 2, in any action brought pursuant to NRS 125.190, the court may: (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse; (b) Order or decree the payment of a fixed sum of money for the support of the other spouse and their children; (c) Provide that the payment of that money be secured upon real estate or other security, or make any other suitable provision; and (d) Determine the time and manner in which the payments must be made. 2. The court may not: (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse; 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. 3. Unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS, in determining whether to award money for the support of a spouse or the amount of any award of money for the support of a spouse, the court shall not attach, levy or seize by or under any legal or equitable process, either before or after receipt by a veteran, any federal disability benefits awarded to a veteran for a service- connected disability pursuant to 38 U.S.C. §§ 1101 to 1151, inclusive. 4. Except as otherwise provided in chapter 130 of NRS, the court may change, modify or revoke its orders and decrees from time to time. – 20 – - 79th Session (2017) 5. No order or decree is effective beyond the joint lives of the [husband and wife.] spouses. Sec. 31. NRS 125.290 is hereby amended to read as follows: 125.290 All marriages which are prohibited by law because of: 1. Consanguinity between the parties; or 2. Either of the parties having a former [husband or wife] spouse then living, if solemnized within this State, ¬ are void without any decree of divorce or annulment or other legal proceedings. A marriage void under this section shall not bar prosecution for the crime of bigamy pursuant to NRS 201.160. Sec. 32. NRS 125.320 is hereby amended to read as follows: 125.320 1. When the consent of [the father, mother,] a parent, guardian or district court, as required by NRS 122.020 or 122.025, has not been obtained, the marriage is void from the time its nullity is declared by a court of competent jurisdiction. 2. If the consent required by NRS 122.020 or 122.025 is not first obtained, the marriage contracted without the consent of [the father, mother,] a parent, guardian or district court may be annulled upon application by or on behalf of the person who fails to obtain such consent, unless such person after reaching the age of 18 years freely cohabits for any time with the other party to the marriage as [husband and wife.] a married couple. Any such annulment proceedings must be brought within 1 year after such person reaches the age of 18 years. Sec. 33. NRS 125.330 is hereby amended to read as follows: 125.330 1. 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. 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. Sec. 34. NRS 125.340 is hereby amended to read as follows: 125.340 1. If the consent of either party was obtained by fraud and fraud has been proved, the marriage shall be void from the time its nullity shall be declared by a court of competent authority. 2. No marriage may be annulled for fraud if the parties to the marriage voluntarily cohabit as [husband and wife] a married couple having received knowledge of such fraud. Sec. 35. NRS 125A.515 is hereby amended to read as follows: 125A.515 1. Unless the court issues a temporary emergency order pursuant to NRS 125A.335, upon a finding that a petitioner is – 21 – - 79th Session (2017) 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: (1) The issuing court did not have jurisdiction pursuant to NRS 125A.305 to 125A.395, inclusive; (2) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so pursuant to NRS 125A.305 to 125A.395, inclusive; or (3) The respondent was entitled to notice, but notice was not given in accordance with the standards of NRS 125A.255, in the proceedings before the court that issued the order for which enforcement is sought; or (b) The child custody determination for which enforcement is sought was registered and confirmed pursuant to NRS 125A.465, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so pursuant to NRS 125A.305 to 125A.395, inclusive. 2. The court shall award the fees, costs and expenses authorized pursuant to NRS 125A.535 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate. 3. If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. 4. 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. Sec. 36. NRS 128.060 is hereby amended to read as follows: 128.060 1. After a petition has been filed, unless the party or parties to be served voluntarily appear and consent to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at the time and place if that person desires to oppose the petition. 2. The following persons must be personally served with the notice: – 22 – - 79th Session (2017) (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; and (b) The minor’s legal custodian or guardian, if residing within this State and if his or her place of residence is known to the petitioner. 3. If the petitioner or the child is receiving public assistance, the petitioner shall mail a copy of the notice of hearing and a copy of the petition to the Chief of the Child Support Enforcement Program of the Division of Welfare and Supportive Services of the Department of Health and Human Services by registered or certified mail return receipt requested at least 45 days before the hearing. Sec. 37. NRS 128.070 is hereby amended to read as follows: 128.070 1. 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: (a) At a previous time the person resided out of this State in a certain place (naming the place and stating the latest date known to the affiant when the person so resided there); (b) That place is the last place in which the person resided to the knowledge of the affiant; (c) The person no longer resides at that place; (d) The affiant does not know the present place of residence of the person or where the person can be found; and (e) The affiant does not know and has never been informed and has no reason to believe that the person now resides in this State. – 23 – - 79th Session (2017) ¬ 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. 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. In case of publication, where the residence of a nonresident or absent [father or mother] parent or custodian or guardian is known, the court shall also direct a copy of the notice of hearing and petition to be deposited in the post office, directed to the person to be served at his or her place of residence. When publication is ordered, personal service of a copy of the notice of hearing and petition, out of the State, is equivalent to completed service by publication and deposit in the post office, and the person so served has 20 days after the service to appear and answer or otherwise plead. The service of the notice of hearing shall be deemed complete in cases of publication at the expiration of 4 weeks from the first publication, and in cases when a deposit of a copy of the notice of hearing and petition in the post office is also required, at the expiration of 4 weeks from the deposit. 3. Personal service outside the State upon a [father or mother] parent over the age of 18 years or upon the minor’s legal custodian or guardian may be made in any action where the person served is a resident of this 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 by personal service outside the State. The service must be made by delivering a copy of the notice of hearing together with a copy of the petition in person to the person served. The methods of service are cumulative, and may be utilized with, after or independently of other methods of service. 4. Whenever personal service cannot be made, the court may require, before ordering service by publication or by publication and mailing, such further and additional search to determine the whereabouts of the person to be served as may be warranted by the facts stated in the affidavit of the petitioner to the end that actual notice be given whenever possible. 5. 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 – 24 – - 79th Session (2017) the mother] parent of the person, and to all persons claiming to be the [father or mother] parent of the person. The notice, after the caption, must be addressed substantially as follows: “To the [father and mother] parents of the above-named person, and to all persons claiming to be the [father or mother] parent of that person.” Sec. 38. NRS 128.080 is hereby amended to read as follows: 128.080 The notice must be in substantially the following form: In the ......... Judicial District Court of the State of Nevada, in and for the County of ................. In the matter of parental rights as to ........................, a minor. Notice To ........................, [the father or ........................, the mother] parent No. 1 or ........................, parent No. 2 of the above-named 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; or, to ........................, related to the above-named minor as ........................; and, to ........................, the legal custodian or guardian of the above-named minor: You are hereby notified that there has been filed in the above-entitled court a petition praying for the termination of parental rights over 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 .......... day of the month of ………. of the year ....... at........ o’clock ........m., at which time and place you are required to be present if you desire to oppose the petition. Dated ........ (month) ........ (day) ........ (year) ........................................ Clerk of Court (SEAL) By ................................... Deputy – 25 – - 79th Session (2017) Sec. 39. NRS 129.100 is hereby amended to read as follows: 129.100 1. 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. 2. The notice issued pursuant to subsection 1 must be in substantially the following form: In the ......... Judicial District Court of the State of Nevada, in and for the County of ................. In the matter of the emancipation of ................................, a minor. Notice To ................................, [the father or ................................, the mother] parent No. 1 or ................................, parent No. 2 of the above-named minor; or, to the [father and mother] parents of the above-named minor; or, to ................................, the legal guardian of the above-named minor; or, to ................................, related to the above-named minor as ...............................: 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 .......... day of the month of ………. of the year ....... at .......... o’clock ...m., at which time and place you are required to be present if you desire to oppose the petition. Dated ............. (month) ………. (day) …… (year) ........................................ Clerk of court (SEAL) By ................................... Deputy – 26 – - 79th Session (2017) Sec. 40. NRS 130.316 is hereby amended to read as follows: 130.316 1. 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. 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. 3. A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted therein and is admissible to show whether payments were made. 4. Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 20 days before trial are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary. 5. Documentary evidence transmitted from outside this State to a tribunal of this State by telephone, telecopier or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission. 6. 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. A tribunal of this State shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony. 7. 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. 8. A privilege against the disclosure of communications between [husband and wife] a married couple does not apply in a proceeding under this chapter. 9. The defense of immunity based on the relationship of [husband and wife] a married couple or parent and child does not apply in a proceeding under this chapter. – 27 – - 79th Session (2017) 10. A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child. Sec. 41. NRS 12.020 is hereby amended to read as follows: 12.020 A [husband and wife] married couple may sue jointly on all causes of action belonging to either or both of them, except: 1. When the action is for personal injuries, the spouse having sustained personal injuries is a necessary party; and 2. When the action is for compensation for services rendered, the spouse having rendered the services is a necessary party. Sec. 42. NRS 12.030 is hereby amended to read as follows: 12.030 If [husband and wife are] a married couple is sued together, either or both may defend, and if either neglects to defend, the other may defend for both. Sec. 43. NRS 12.040 is hereby amended to read as follows: 12.040 When a [husband] spouse has deserted his or her family, the [wife] other spouse may prosecute or defend in his or her name any action which he or she might have prosecuted or defended, and shall have the same powers and rights therein as he or she might have . [, and, under like circumstances, the husband shall have the same right.] Sec. 44. NRS 12.080 is hereby amended to read as follows: 12.080 The [father and mother] parents jointly, or [the father or the mother,] either parent, without preference to either, may maintain an action for the injury of a minor child who has not been emancipated, if the injury is caused by the wrongful act or neglect of another. 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. 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. Sec. 45. NRS 41.200 is hereby amended to read as follows: 41.200 1. 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 – 28 – - 79th Session (2017) court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court. 2. The petition must set forth: (a) The name, age and residence of the minor; (b) The facts which bring the minor within the purview of this section, including: (1) The circumstances which make it a disputed claim for money; (2) The name of the third person against whom the claim is made; and (3) If the claim is the result of an accident or motor vehicle crash, the date, place and facts of the accident or motor vehicle crash; (c) The names and residence of the parents or the legal guardian of the minor; (d) The name and residence of the person or persons having physical custody or control of the minor; (e) The name and residence of the petitioner and the relationship of the petitioner to the minor; (f) The total amount of the proceeds of the proposed compromise and the apportionment of those proceeds, including the amount to be used for: (1) Attorney’s fees and whether the attorney’s fees are fixed or contingent fees, and if the attorney’s fees are contingent fees the percentage of the proceeds to be paid as attorney’s fees; (2) Medical expenses; and (3) Other expenses, ¬ and whether these fees and expenses are to be deducted before or after the calculation of any contingency fee; (g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor; and (h) That the petitioner has been advised and understands that acceptance of the compromise will bar the minor from seeking further relief from the third person offering the compromise. 3. If the claim involves a personal injury suffered by the minor, the petitioner must submit all relevant medical and health care records to the court at the compromise hearing. The records must include documentation of: (a) The injury, prognosis, treatment and progress of recovery of the minor; 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 – 29 – - 79th Session (2017) the amount of medical expenses which may be incurred in the future. 4. 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. 5. Upon receiving the proceeds of the compromise, the parent or guardian to whom the proceeds of the compromise are ordered to be paid, shall establish a blocked financial investment for the benefit of the minor with the proceeds of the compromise. Money may be obtained from the blocked financial investment only pursuant to subsection 6. Within 30 days after receiving the proceeds of the compromise, the parent or guardian shall file with the court proof that the blocked financial investment has been established. If the balance of the investment is more than $10,000, the parent, guardian or person in charge of managing the investment shall annually file with the court a verified report detailing the activities of the investment during the previous 12 months. If the balance of the investment is $10,000 or less, the court may order the parent, guardian or person in charge of managing the investment to file such periodic verified reports as the court deems appropriate. The court may hold a hearing on a verified report only if it deems a hearing necessary to receive an explanation of the activities of the investment. 6. The beneficiary of a block financial investment may obtain control of or money from the investment: (a) By an order of the court which held the compromise hearing; or (b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time control of the investment must be transferred to the beneficiary or the investment must be closed and the money distributed to the beneficiary. 7. The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the petition upon the calendar to be heard by the court. 8. 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 – 30 – - 79th Session (2017) savings bond, a fixed or variable annuity contract, or another reliable investment that is approved by the court. Sec. 46. NRS 41.440 is hereby amended to read as follows: 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. Sec. 47. NRS 49.295 is hereby amended to read as follows: 49.295 1. Except as otherwise provided in subsections 2 and 3 and NRS 49.305: (a) A [husband] married person cannot be examined as a witness for or against his or her [wife] spouse without his or her consent . [, nor a wife for or against her husband without her consent.] (b) [Neither a husband nor a wife] No spouse can be examined, during the marriage or afterwards, without the consent of the other [,] spouse, as to any communication made by one to the other during marriage. 2. The provisions of subsection 1 do not apply to a: (a) Civil proceeding brought by or on behalf of one spouse against the other 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; (c) Proceeding brought by or on behalf of a spouse to establish his or her competence; (d) Proceeding in the juvenile court or family court pursuant to title 5 of NRS or NRS 432B.410 to 432B.590, inclusive; or (e) Criminal proceeding in which one spouse is charged with: (1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether the crime was committed before or during marriage. (2) Bigamy or incest. – 31 – - 79th Session (2017) (3) A crime related to abandonment of a child or nonsupport of the other spouse or child. 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. Sec. 48. NRS 49.305 is hereby amended to read as follows: 49.305 When a [husband or wife] married person is insane, and has been so declared by a court of competent jurisdiction, the other spouse shall be a competent witness to testify as to any fact which transpired before or during such insanity, but the privilege of so testifying shall cease when the party declared insane has been found by a court of competent jurisdiction to be of sound mind, and the [husband and wife] spouses shall then have the testimonial limitations and privileges provided in NRS 49.295. Sec. 49. NRS 111.063 is hereby amended to read as follows: 111.063 Tenancy in common in real or personal property may be created by a single conveyance from a [husband and wife] married couple holding title as joint tenants to themselves, or to themselves and others, or to one of them and others, when such conveyance expressly declares that the grantees thereunder are tenants in common. Sec. 50. NRS 111.064 is hereby amended to read as follows: 111.064 1. Estates as tenants in common or estates in community property may be created by conveyance from [husband and wife] a married couple to themselves or to themselves and others or from a sole owner to himself or herself and others in the same manner as a joint tenancy may be created. 2. 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. This right of survivorship is extinguished whenever either spouse, during the marriage, transfers the spouse’s interest in the community property. Sec. 51. NRS 111.065 is hereby amended to read as follows: 111.065 1. 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 – 32 – - 79th Session (2017) 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. 2. A joint tenancy in personal property may be created by a written transfer, agreement or instrument. Sec. 52. NRS 111.673 is hereby amended to read as follows: 111.673 The owner of an interest in property who creates a deed upon death may designate in the deed: 1. Multiple beneficiaries who will take title to the property upon his or her death as joint tenants with right of survivorship, tenants in common, [husband and wife] a married couple as community property, community property with right of survivorship or any other tenancy that is recognized in this State. 2. The beneficiary or beneficiaries who will take title to the property upon his or her death as the sole and separate property of the beneficiary or beneficiaries without the necessity of the filing of a quitclaim deed or disclaimer by the spouse of any beneficiary. Sec. 53. NRS 111.781 is hereby amended to read as follows: 111.781 1. Except as otherwise provided by the express terms of a governing instrument, a court order or a contract relating to the division of the marital estate made between the divorced persons before or after the marriage, divorce or annulment, the divorce or annulment of a marriage: (a) Revokes any revocable: (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; and (3) Nomination in a governing instrument that nominates a divorced person’s former spouse or a relative of the divorced person’s former spouse to serve in any fiduciary or representative capacity, including a personal representative capacity, including a personal representative, executor, trustee, conservator, agent or guardian; 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 – 33 – - 79th Session (2017) survivorship and transforms the interests of the former spouses into equal tenancies in common. 2. 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 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. 3. The provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment. 4. Any provisions revoked solely by this section are revived by the divorced person’s remarriage to the former spouse or by a nullification of the divorce or annulment. 5. 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. 6. 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 liable for a payment made or other action taken after the payor or other third party received written or actual notice of a claimed forfeiture or revocation under this section. 7. Written notice of the divorce, annulment or remarriage or written notice of a complaint or petition for divorce or annulment must be mailed to the payor’s or other third party’s main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. 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 – 34 – - 79th Session (2017) 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. 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. 8. A person who purchases property from a former spouse, relative of a former spouse or any other person for value and without notice, or who receives from a former spouse, relative of a former spouse or any other person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, item of property or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit. A former spouse, relative of a former spouse or 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 the 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 is entitled to it under this section. 9. 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. 10. This section applies only to nonprobate transfers which become effective because of the death of a person on or after October 1, 2011, regardless of when the divorce or annulment occurred. 11. As used in this section: (a) “Disposition or appointment of property” includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. – 35 – - 79th Session (2017) (b) “Divorce or annulment” means any divorce or annulment or any dissolution or declaration of invalidity of a marriage. A decree of separation that does not terminate the status of [husband and wife] a married couple is not a divorce for purposes of this section. (c) “Divorced person” includes a person whose marriage has been annulled. (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. (f) “Revocable,” with respect to a disposition, appointment, provision or nomination, means one under which the divorced person, at the time of the divorce or annulment, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the person’s former spouse or former spouse’s relative, whether or not the divorced person was then empowered to designate himself or herself in place of his or her former spouse or in place of his or her former spouse’s relative and whether or not the divorced person then had the capacity to exercise the power. Sec. 54. NRS 115.005 is hereby amended to read as follows: 115.005 As used in this chapter, unless the context otherwise requires: 1. “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. 2. “Homestead” means the property consisting of: (a) A quantity of land, together with the dwelling house thereon and its appurtenances; (b) A mobile home whether or not the underlying land is owned by the claimant; or (c) A unit, whether real or personal property, existing pursuant to chapter 116 or 117 of NRS, with any appurtenant limited common elements and its interest in the common elements of the common-interest community, ¬ to be selected by [the husband and wife,] both spouses, or either of them, or a single person claiming the homestead. – 36 – - 79th Session (2017) Sec. 55. NRS 115.010 is hereby amended to read as follows: 115.010 1. 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. 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. 3. 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: (a) Any mortgage or deed of trust thereon executed and given, including, without limitation, any second or subsequent mortgage, mortgage obtained through refinancing, line of credit taken against the property and a home equity loan; or (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070, ¬ by both [husband and wife,] spouses, when that relation exists. 4. 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: (a) Any mortgage or deed of trust thereon; and (b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070, ¬ unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property. 5. Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.121, inclusive, 179.1211 to 179.1235, inclusive, or 207.350 to 207.520, inclusive. – 37 – - 79th Session (2017) 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. Sec. 56. NRS 115.020 is hereby amended to read as follows: 115.020 1. The selection must be made by either [the husband or wife,] spouse, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead. The selection may be made on the form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to NRS 115.025. 2. The declaration must state: (a) When made by a married person or persons, that they or either of them are married, or if not married, that he or she is a householder. (b) When made by a married person or persons, that they or either of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises. (c) When made by any claimant under this section, that it is their or his or her intention to use and claim the property as a homestead. 3. 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. 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. 4. If a person solicits another person to allow the soliciting person to file a declaration of homestead on behalf of the other person and charges or accepts a fee or other valuable consideration for recording the declaration of homestead for the other person, the soliciting person shall, before the declaration is recorded or before the fee or other valuable consideration is charged to or accepted from the other person, provide that person with a notice written in bold type which states that: (a) Except for the fee which may be charged by the county recorder for recording a declaration of homestead, a declaration of – 38 – - 79th Session (2017) homestead may be recorded in the county in which the property is located without the payment of a fee; and (b) The person may record the declaration of homestead on his or her own behalf. ¬ The notice must clearly indicate the amount of the fee which may be charged by the county recorder for recording a declaration of homestead. 5. The rights acquired by declaring a homestead are not extinguished by the conveyance of the underlying property in trust for the benefit of the person or persons who declared it. A trustee may by similar declaration claim property, held by the trustee, as a homestead for the settlor or for one or more beneficiaries of the trust, or both, if the person or persons for whom the claim is made reside on or in the property. 6. A person who violates the provisions of subsection 4 is guilty of a misdemeanor. Sec. 57. NRS 115.040 is hereby amended to read as follows: 115.040 1. A mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, is not valid for any purpose, unless the signature of [the husband and wife,] both spouses, when that relationship exists, is obtained to the mortgage or alienation and their signatures are properly acknowledged. 2. 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. 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. Sec. 58. NRS 115.050 is hereby amended to read as follows: 115.050 1. 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 – 39 – - 79th Session (2017) 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. 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. If it appears that the property cannot be thus divided, and the amount of equity held by the claimant in the property exceeds the exemption allowed by this chapter, the judge shall order the entire property to be sold, and out of the proceeds the sum of $550,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under $550,000 may be received by the officer making the sale. 3. 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. Sec. 59. NRS 115.060 is hereby amended to read as follows: 115.060 Except as otherwise provided in a premarital agreement between [the husband and wife] a married couple which is enforceable pursuant to chapter 123A of NRS: 1. If the property declared upon as a homestead is community property, the [husband and wife] married couple shall be deemed to hold the homestead as community property with a right of survivorship. Upon the death of either spouse: (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. (b) The property vests absolutely in the survivor. 2. If the property declared upon as a homestead is the separate property of either spouse, the [husband and wife] married couple shall be deemed to hold the right to exemption of the homestead from execution jointly while both spouses are living. If the property retains its character as separate property until the death of one or the other of the spouses: (a) If it is the separate property of the survivor, the exemption of the homestead continues. – 40 – - 79th Session (2017) (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. (c) The property belongs to the person, or his or her heirs, to whom it belonged when filed upon as a homestead. 3. If the property declared upon as a homestead is the property of a single person, upon the death of the single person: (a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against the person at the time of his or her death and as to any subsequent debt or liability against a person who was living in his or her house at the time of his or her death, if that person continues to reside on the homestead property and is related to him or her by consanguinity or affinity, even if the person through whom the relation by affinity was created predeceased the declarant. (b) The right of enjoyment of the property belongs to each person described in paragraph (a) until that person no longer qualifies under that paragraph. 4. If two or more persons who are not related by consanguinity or affinity have claimed as a homestead their respective undivided interests in a single parcel of land or a mobile home, upon the death of one the exemption of the entire property from execution continues as to any debt or liability of the decedent and the other declarants until the death of the last declarant to die, but only for the benefit of a declarant who continues to reside on or in the property. Sec. 60. NRS 134.050 is hereby amended to read as follows: 134.050 1. 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. If both parents are not living, one- half to [either] the [father or the mother] parent then living. 2. If the decedent leaves no issue [,] or [father or mother,] parent, one-half of the separate property of the decedent goes to the surviving spouse and the other one-half goes in equal shares to the brothers and sisters of the decedent. 3. If the decedent leaves no issue or surviving spouse, the estate goes one-half to [the father] one parent of the decedent and one-half to the [mother] other parent of the decedent, if both are living. If both parents are not living, the whole estate goes to [either] the [father or the mother] parent then living. – 41 – - 79th Session (2017) 4. If the decedent leaves no issue, [father, mother,] parent, brother or sister, or children of any issue, all of the separate property of the decedent goes to the surviving spouse. Sec. 61. NRS 134.060 is hereby amended to read as follows: 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: 1. To the brothers and sisters, each a share; and 2. To the lawful issue of each deceased brother and sister, by right of representation, the same share that the parent would have received if the parent had been living at the time of the death of the decedent. Sec. 62. NRS 134.070 is hereby amended to read as follows: 134.070 If the decedent leaves no issue, surviving spouse, [or father or mother,] parent, [and no] brother or sister living at the time of death, the estate goes to the next of kin in equal degree, except that if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors are preferred to those who claim through ancestors more remote. Sec. 63. NRS 139.040 is hereby amended to read as follows: 139.040 1. Administration of the intestate estate of a decedent must be granted to one or more of the persons mentioned in this section, and they are respectively entitled to priority for appointment in the following order: (a) The surviving spouse. (b) The children. (c) [The father or the mother.] A parent. (d) The brother or the sister. (e) The grandchildren. (f) Any other of the kindred entitled to share in the distribution of the estate. (g) The public administrator. (h) Creditors who have become such during the lifetime of the decedent. (i) Any of the kindred not above enumerated, within the fourth degree of consanguinity. (j) Any person or persons legally qualified. 2. A person in each of the foregoing classes is entitled: (a) To appointment, if the person is: (1) A resident of the State of Nevada or the person: – 42 – - 79th Session (2017) (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 (2) A banking corporation which is authorized to do business in this State or which: (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. (b) To nominate a resident of the State of Nevada or a qualified banking corporation for appointment, whether or not the nominator is a resident of the State of Nevada or a qualified banking corporation. The nominee has the same priority as the nominator. That priority is independent of the residence or corporate qualification of the nominator. 3. 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. Sec. 64. NRS 139.140 is hereby amended to read as follows: 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. Sec. 65. NRS 159.057 is hereby amended to read as follows: 159.057 1. Where the appointment of a guardian is sought for two or more proposed wards who are children of a common parent, parent and child or [husband and wife,] married couple, it is not necessary that separate petitions, bonds and other papers be filed with respect to each proposed ward or wards. 2. If a guardian is appointed for such wards, the guardian: (a) Shall keep separate accounts of the estate of each ward; (b) May make investments for each ward; – 43 – - 79th Session (2017) (c) May compromise and settle claims against one or more wards; and (d) May sell, lease, mortgage or otherwise manage the property of one or more wards. 3. 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. Sec. 66. NRS 166A.220 is hereby amended to read as follows: 166A.220 1. Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of [husband and wife,] a married couple, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to community or marital property. 2. Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust. 3. A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to NRS 166A.230 and 166A.310 for the administration of the custodial trust. Sec. 67. NRS 199.360 is hereby amended to read as follows: 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 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. Sec. 68. NRS 200.160 is hereby amended to read as follows: 200.160 Homicide is also justifiable when committed: 1. In the lawful defense of the slayer, or his or her [husband, wife,] spouse, parent, child, brother or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or – 44 – - 79th Session (2017) 2. In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode in which the slayer is. Sec. 69. NRS 201.070 is hereby amended to read as follows: 201.070 1. 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. 2. In no prosecution under NRS 201.015 to 201.080, inclusive, does any existing statute or rule of law prohibiting the disclosure of confidential communications between [husband and wife] spouses apply, and both [husband and wife] spouses are competent witnesses to testify against each other to any and all relevant matters, including the fact of the marriage and the parentage of any child or children, but neither may be compelled to give evidence incriminating himself or herself. 3. Proof of the failure of the defendant to provide for the support of the spouse, child or children, is prima facie evidence that such failure was knowing. Sec. 70. NRS 201.160 is hereby amended to read as follows: 201.160 1. Bigamy consists in the having of two [wives or two husbands] spouses at one time, knowing that the former [husband or wife] spouse is still alive. 2. If a married person marries any other person while the former [husband or wife] spouse is alive, the person so offending is guilty of a category D felony and shall be punished as provided in NRS 193.130. 3. It is not necessary to prove either of the marriages by the register and certificate thereof, or other record evidence, but those 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. 4. This section does not extend: (a) To a person whose [husband or wife] spouse has been continually absent from that person for the space of 5 years before the second marriage, if he or she did not know the [husband or wife] spouse to be living within that time. (b) To a person who is, at the time of the second marriage, divorced by lawful authority from the bonds of the former marriage, or to a person where the former marriage has been by lawful authority declared void. – 45 – - 79th Session (2017) Sec. 71. NRS 201.170 is hereby amended to read as follows: 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. Sec. 72. NRS 268.594 is hereby amended to read as follows: 268.594 1. Whenever it is necessary for the purposes of NRS 268.570 to 268.608, inclusive, to determine the number or identity of the record owners of real property in a territory proposed to be annexed, a list of such owners, certified by the county assessor on any date between the institution of the proceedings, as provided in NRS 268.584, and the public hearing, as provided in NRS 268.590, both dates inclusive, shall be prima facie evidence that only those persons named thereon are such owners. 2. A petition or protest is sufficient for the purposes of NRS 268.570 to 268.608, inclusive, as to any lot or parcel of real property which is owned: (a) As community property, if it is signed by [the husband.] one spouse. (b) By two persons, either natural or artificial, other than as community property, if signed by both such owners. (c) By more than two persons, either natural or artificial, if signed by a majority of such owners. (d) Either wholly or in part, by an artificial person, if it is signed by an authorized agent and accompanied by a copy of such authorization. Sec. 73. NRS 325.050 is hereby amended to read as follows: 325.050 1. 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, 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. 2. All applications for conveyances under this chapter for the benefit of minors and insane persons shall be made by the guardian or trustee of such minor or insane person. 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 – 46 – - 79th Session (2017) 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. 3. 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. 4. The bar to the right of claiming or recovering such lands or any interest or entail therein as provided in subsection 3 shall not apply to minors or insane persons. Sec. 74. NRS 417.090 is hereby amended to read as follows: 417.090 The Director and the Deputy Director shall: 1. Assist veterans, and those presently serving in the military and naval forces of the United States who are residents of the State of Nevada, their [wives,] spouses, widows, widowers, [husbands,] children, dependents, administrators, executors and personal representatives, in preparing, submitting and presenting any claim against the United States, or any state, for adjusted compensation, hospitalization, insurance, pension, disability compensation, vocational training, education or rehabilitation and assist them in obtaining any aid or benefit to which they may, from time to time, be entitled under the laws of the United States or of any of the states. 2. 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. 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 group of veterans, servicemen and servicewomen, when in their opinion such comes within the scope of this chapter. 4. Coordinate activities of veterans’ organizations. 5. Serve as a clearinghouse and disseminate information relating to veterans’ benefits. 6. Conduct any studies which will assist veterans to obtain compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state. – 47 – - 79th Session (2017) 7. Aid, assist and cooperate with the office of coordinator of services for veterans created in a county pursuant to NRS 244.401. 8. 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. 9. Take possession of any abandoned or unclaimed artifacts or other property that has military value for safekeeping. The Director or Deputy Director may transfer such property to a veterans’ or military museum. Sec. 75. NRS 425.3832 is hereby amended to read as follows: 425.3832 1. Except as otherwise provided in this chapter, a hearing conducted pursuant to NRS 425.382 to 425.3852, inclusive, must be conducted in accordance with the provisions of this section by a qualified master appointed pursuant to NRS 425.381. 2. Subpoenas may be issued by: (a) The master. (b) The attorney of record for the office. ¬ Obedience to the subpoena may be compelled in the same manner as provided in chapter 22 of NRS. A witness appearing pursuant to a subpoena, other than a party or an officer or employee of the Chief, is entitled to receive the fees and payment for mileage prescribed for a witness in a civil action. 3. Except as otherwise provided in this section, the master need not observe strict rules of evidence but shall apply those rules of evidence prescribed in NRS 233B.123. 4. 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 master may continue the hearing to allow procedures for discovery regarding any matter set forth in the affidavit. 5. The physical presence of a person seeking the establishment, enforcement, modification or adjustment of an order for the support of a dependent child or the establishment of paternity is not required. 6. A verified petition, an affidavit, a document substantially complying with federally mandated forms and a document incorporated by reference in any of them, not excluded under NRS 51.065 if given in person, is admissible in evidence if given under oath by a party or witness residing outside of the judicial district. 7. A copy of the record of payments for the support of a dependent child, certified as a true copy of the original by the custodian of the record, may be forwarded to the master. The copy – 48 – - 79th Session (2017) is evidence of facts asserted therein and is admissible to show whether payments were made. 8. 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. 9. Documentary evidence transmitted from outside of the judicial district by telephone, telecopier or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission. 10. The master may: (a) Conduct a hearing by telephone, audiovisual means or other electronic means outside of the judicial district in which the master is appointed. (b) Permit a party or witness residing outside of the judicial district to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location outside of the judicial district. ¬ The master shall cooperate with courts outside of the judicial district in designating an appropriate location for the hearing, deposition or testimony. 11. If a party called to testify at a hearing refuses to answer a question on the ground that the testimony may be self-incriminating, the master may draw an adverse inference from the refusal. 12. A privilege against the disclosure of communications between [husband and wife] a married couple does not apply. 13. The defense of immunity based on the relationship of [husband and wife] a married couple or parent and child does not apply. Sec. 76. NRS 433A.610 is hereby amended to read as follows: 433A.610 1. 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: (a) To the administrative officer if the person is admitted to a division facility; or (b) In all other cases, to the hospital rendering the service. – 49 – - 79th Session (2017) 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. Sec. 77. NRS 435.655 is hereby amended to read as follows: 435.655 1. 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 an intellectual disability or person with a related condition who is a minor or the [husband or wife] spouse of a person with an intellectual disability or person with a related condition, if of sufficient ability, and the estate of the person with an intellectual disability or person with a related condition, if the estate is sufficient for the purpose, shall pay the cost of the maintenance for the person with an intellectual disability or person with a related condition, including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter: (a) To the administrative officer if the person is admitted to a division facility; or (b) In all other cases, to the hospital rendering the service. 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. Sec. 78. NRS 440.280 is hereby amended to read as follows: 440.280 1. If a birth occurs in a hospital or the mother and child are immediately transported to a hospital, the person in charge of the hospital or his or her designated representative shall obtain the necessary information, prepare a birth certificate, secure the signatures required by the certificate and file it within 10 days with the health officer of the registration district where the birth occurred. The physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within 72 hours after the birth. If the physician does not certify to the fact of birth within the required 72 hours, the person in charge of the hospital or the designated representative shall complete and sign the certification. – 50 – - 79th Session (2017) 2. If a birth occurs outside a hospital and the mother and child are not immediately transported to a hospital, the birth certificate must be prepared and filed by one of the following persons in the following order of priority: (a) The physician in attendance at or immediately after the birth. (b) Any other person in attendance at or immediately after the birth. (c) The father, mother or, if the father is absent and the mother is incapacitated, the person in charge of the premises where the birth occurred. 3. If a birth occurs in a moving conveyance, the place of birth is the place where the child is removed from the conveyance. 4. In cities, the certificate of birth must be filed sooner than 10 days after the birth if so required by municipal ordinance or regulation. 5. If the mother was: (a) Married at the time of birth, the name of her [husband] spouse must be entered on the certificate as the [father] other parent of the child unless: (1) A court has issued an order establishing that a person other than the mother’s [husband] spouse is the [father] other parent of the child; or (2) The mother and a person other than the mother’s [husband] spouse have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283. (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: (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; or (2) The mother and a person other than the mother’s [husband] spouse at the time of conception have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283. 6. If the mother was unmarried at the time of birth, the name of the [father] other parent may be entered on the original certificate of birth only if: (a) The provisions of paragraph (b) of subsection 5 are applicable; – 51 – - 79th Session (2017) (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. 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. 7. An order entered or a declaration executed pursuant to subsection 6 must be submitted to the local health officer, the local health officer’s authorized representative, or the attending physician or midwife before a proper certificate of birth is forwarded to the State Registrar. The order or declaration must then be delivered to the State Registrar for filing. The State Registrar’s file of orders and declarations must be sealed and the contents of the file may be examined only upon order of a court of competent jurisdiction or at the request of [the father or mother] either parent or the Division of Welfare and Supportive Services of the Department of Health and Human Services as necessary to carry out the provisions of 42 U.S.C. § 654a. The local health officer shall complete the original certificate of birth in accordance with subsection 6 and other provisions of this chapter. 8. As used in this section, “court” has the meaning ascribed to it in NRS 125B.004. Sec. 79. NRS 445B.805 is hereby amended to read as follows: 445B.805 The provisions of NRS 445B.800 do not apply to: 1. Transfer of registration or ownership between: (a) [Husband and wife;] Spouses; or (b) Companies whose principal business is leasing of vehicles, if there is no change in the lessee or operator of the vehicle. 2. Motor vehicles which are subject to prorated registration pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which are not based in this State. 3. Transfer of registration if evidence of compliance was issued within 90 days before the transfer. 4. A consignee who is conducting a consignment auction which meets the requirements set forth in NRS 445B.807 if the consignee: (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 – 52 – - 79th Session (2017) 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; and (c) Makes the vehicle available for inspection before the consignment auction: (1) In the case of a live auction with an auctioneer verbally calling for and accepting bids, at the location of the consignment auction; or (2) In the case of an auction that is conducted on an auction website on the Internet by a consignee who is certified pursuant to subsection 2 of NRS 445B.807, at the primary place of business of the consignee conducting the consignment auction. Sec. 80. NRS 449.246 is hereby amended to read as follows: 449.246 1. Before discharging an unmarried woman who has borne a child, a hospital or obstetric center shall provide to the child’s [mother and father:] parents: (a) The opportunity to sign, in the hospital, a declaration for the voluntary acknowledgment of paternity developed pursuant to NRS 440.283; (b) Written materials about establishing paternity; (c) The forms necessary to acknowledge paternity voluntarily; (d) A written description of the rights and responsibilities of acknowledging paternity; and (e) The opportunity to speak by telephone with personnel of the program for enforcement of child support who are trained to clarify information and answer questions about the establishment of paternity. 2. 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 – 53 – - 79th Session (2017) Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C). Sec. 81. NRS 451.010 is hereby amended to read as follows: 451.010 1. The right to dissect the dead body of a human being is limited to cases: (a) Specially provided by statute or by the direction or will of the deceased. (b) Where a coroner is authorized under NRS 259.050 or an ordinance enacted pursuant to NRS 244.163 to hold an inquest upon the body, and then only as the coroner may authorize dissection. (c) Where the [husband, wife] spouse or next of kin charged by law with the duty of burial authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized. (d) Where authorized by the provisions of NRS 451.350 to 451.470, inclusive. (e) Where authorized by the provisions of NRS 451.500 to 451.598, inclusive. 2. Every person who makes, causes or procures to be made any dissection of the body of a human being, except as provided in subsection 1, is guilty of a gross misdemeanor. Sec. 82. NRS 451.023 is hereby amended to read as follows: 451.023 The [husband or wife] spouse of a minor child or the parent of an unmarried or otherwise unemancipated minor child shall be primarily responsible for the decent burial or cremation of his or her spouse or such child within a reasonable time after death. Sec. 83. NRS 451.025 is hereby amended to read as follows: 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. Sec. 84. NRS 486.101 is hereby amended to read as follows: 486.101 1. 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 – 54 – - 79th Session (2017) 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 NRS 486.011 to 486.381, inclusive, upon a person signing the application of a minor. 2. Any negligence or willful misconduct of a minor under the age of 18 years when driving a motorcycle upon a highway is imputed to the person who signed the application of the minor for a license. That person is jointly and severally liable with the minor for any damages caused by negligence or willful misconduct. Sec. 85. NRS 598B.110 is hereby amended to read as follows: 598B.110 1. A creditor shall consider the combined income of both [husband and wife] spouses for the purpose of extending credit to a married couple and shall not exclude the income of either without just cause. The creditor shall determine the creditworthiness of the married couple upon a reasonable evaluation of the past, present and foreseeable economic circumstances of both spouses. 2. A request for the signatures of both parties to a marriage for the purpose of creating a valid lien or passing clear title, waiving inchoate rights to property or assigning earnings, does not constitute credit discrimination. 3. An inquiry of marital status does not constitute discrimination for the purposes of this chapter if such inquiry is for the purpose of ascertaining the creditor’s rights and remedies applicable to the particular extension of credit, and not to discriminate in a determination of creditworthiness. 4. Consideration or application of state property laws directly or indirectly affecting creditworthiness does not constitute discrimination for the purposes of this chapter. Sec. 86. NRS 612.105 is hereby amended to read as follows: 612.105 “Employment” does not include service performed by an individual in the employ of the individual’s son, daughter or spouse, and service performed by a child under the age of 18 years in the employ of the child’s [father or mother.] parent. Sec. 87. NRS 616C.505 is hereby amended to read as follows: 616C.505 If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, the compensation is known as a death benefit and is payable as follows: 1. In addition to any other compensation payable pursuant to chapters 616A to 616D, inclusive, of NRS, burial expenses are – 55 – - 79th Session (2017) 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. 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. 3. 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: (a) To the surviving spouse, 50 percent of the death benefit is payable until the death of the surviving spouse; and (b) To each child of the deceased employee, regardless of whether the child is the child of the surviving spouse, the child’s proportionate share of 50 percent of the death benefit and, except as otherwise provided in subsection 11, if the child has a guardian, the compensation the child is entitled to receive may be paid to the guardian. 4. In the event of the subsequent death of the surviving spouse: (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. (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. 5. If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his or her proportionate share of 66 2/3 percent of the average monthly wage for the support of the child. 6. Except as otherwise provided in subsection 7, if there is no surviving spouse or child under the age of 18 years, there must be paid: (a) To a parent, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, 33 1/3 percent of the average monthly wage. – 56 – - 79th Session (2017) (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. 7. The aggregate compensation payable pursuant to subsection 6 must not exceed 66 2/3 percent of the average monthly wage. 8. In all other cases involving a question of total or partial dependency: (a) The extent of the dependency must be determined in accordance with the facts existing at the time of the injury. (b) If the deceased employee leaves dependents only partially dependent upon the earnings of the deceased employee for support at the time of the injury causing his or her death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his or her death. (c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months. 9. 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. 10. In the event of the death of any dependent specified in this section before the expiration of the time during which compensation is payable to the dependent, funeral expenses are payable in an amount not to exceed $10,000. 11. If a dependent is entitled to receive a death benefit pursuant to this section and is less than 18 years of age or incompetent, the legal representative of the dependent shall petition for a guardian to be appointed for that dependent pursuant to NRS 159.044. An insurer shall not pay any compensation in excess of $3,000, other than burial expenses, to the dependent until a guardian is appointed and legally qualified. 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 – 57 – - 79th Session (2017) emancipated, the guardianship terminates or the dependent reaches the age of 18 years, whichever occurs first, unless paragraph (a) of subsection 12 is applicable. The fees and costs related to the guardianship must be paid from the estate of the dependent. 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. The court shall review the guardianship at least once every 3 years. As used in this subsection, “incompetent” has the meaning ascribed to it in NRS 159.019. 12. Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his or her proportionate share of compensation pursuant to this section ceases when the child dies, marries or reaches the age of 18 years. A child is entitled to continue to receive compensation pursuant to this section if the child is: (a) Over 18 years of age and incapable of supporting himself or herself, until such time as the child becomes capable of supporting himself or herself; or (b) Over 18 years of age and enrolled as a full-time student in an accredited vocational or educational institution, until the child reaches the age of 22 years. 13. As used in this section, “surviving spouse” means a surviving [husband or wife] person who was married to the employee at the time of the employee’s death. Sec. 88. NRS 645B.015 is hereby amended to read as follows: 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. §§ 5101 et seq., and any regulations adopted pursuant thereto and other applicable law, the provisions of this chapter do not apply to: 1. Any person doing business under the laws of this State, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, industrial loan companies, credit unions, thrift companies or insurance companies, including, without limitation, a subsidiary or a holding company of such a bank, company, association or union. 2. A real estate investment trust, as defined in 26 U.S.C. § 856, unless the business conducted in this State is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required. – 58 – - 79th Session (2017) 3. An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee. 4. An attorney at law rendering services in the performance of his or her duties as an attorney at law. 5. A real estate broker rendering services in the performance of his or her duties as a real estate broker. 6. Any person doing any act under an order of any court. 7. 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. 8. A natural person who only offers or negotiates terms of a residential mortgage loan: (a) With or on behalf of an immediate family member of the person; (b) Secured by a dwelling that served as the person’s residence; or (c) If: (1) The residential mortgage loan is for a manufactured home, as defined in NRS 118B.015; (2) The residential mortgage loan is financed by the seller; and (3) The seller has not engaged in more than five such loans in this State during the immediately preceding 12 consecutive months. 9. Agencies of the United States and of this State and its political subdivisions, including the Public Employees’ Retirement System. 10. A seller of real property who offers credit secured by a mortgage of the property sold. 11. A nonprofit agency or organization: (a) Which provides self-help housing for a borrower who has provided part of the labor to construct the dwelling securing the borrower’s loan; (b) Which does not charge or collect origination fees in connection with the origination of residential mortgage loans; (c) Which only makes residential mortgage loans at an interest rate of 0 percent per annum; – 59 – - 79th Session (2017) (d) Whose volunteers, if any, do not receive compensation for their services in the construction of a dwelling; (e) Which does not profit from the sale of a dwelling to a borrower; and (f) Which maintains tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3). 12. A housing counseling agency approved by the United States Department of Housing and Urban Development. Sec. 89. NRS 645E.150 is hereby amended to read as follows: 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. §§ 5101 et seq., and any regulations adopted pursuant thereto or other applicable law, the provisions of this chapter do not apply to: 1. Any person doing business under the laws of this State, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, industrial loan companies, credit unions, thrift companies or insurance companies, including, without limitation, a subsidiary or a holding company of such a bank, company, association or union. 2. A real estate investment trust, as defined in 26 U.S.C. § 856, unless the business conducted in this State is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required. 3. An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee. 4. An attorney at law rendering services in the performance of his or her duties as an attorney at law. 5. A real estate broker rendering services in the performance of his or her duties as a real estate broker. 6. Any person doing any act under an order of any court. 7. 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. 8. A natural person who only offers or negotiates terms of a residential mortgage loan: – 60 – - 79th Session (2017) (a) With or on behalf of an immediate family member of the person; or (b) Secured by a dwelling that served as the person’s residence. 9. Agencies of the United States and of this State and its political subdivisions, including the Public Employees’ Retirement System. 10. A seller of real property who offers credit secured by a mortgage of the property sold. 11. A nonprofit agency or organization: (a) Which provides self-help housing for a borrower who has provided part of the labor to construct the dwelling securing the borrower’s loan; (b) Which does not charge or collect origination fees in connection with the origination of residential mortgage loans; (c) Which only makes residential mortgage loans at an interest rate of 0 percent per annum; (d) Whose volunteers, if any, do not receive compensation for their services in the construction of a dwelling; and (e) Which does not profit from the sale of a dwelling to a borrower. 12. A housing counseling agency approved by the United States Department of Housing and Urban Development. Sec. 90. NRS 687B.080 is hereby amended to read as follows: 687B.080 1. 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. 2. The following persons may enter into a contract for life or health insurance upon another person without the insured’s written consent: (a) A spouse may effectuate such insurance upon the other spouse. (b) Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of or pertaining to the minor. (c) Family policies may be issued insuring any two or more members of a family on an application signed by either parent, a stepparent, a guardian, or by a [husband or wife.] spouse. 3. An insurer who receives: – 61 – - 79th Session (2017) (a) An application in accordance with subsection 2 for a contract for insurance upon the life of another; 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. Sec. 91. This act becomes effective on July 1, 2017. 20 ~~~~~ 17