Amendment No. 425

Senate Amendment to Senate Bill No. 512 (BDR 11-630)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by renumbering section 1 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

"Section 1. Chapter 122 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. Except as otherwise provided in subsection 2, if any information in a marriage license is incorrect, the county clerk may charge and collect from a person a fee of not more than $25 for the preparation of an affidavit of correction.

2. The county clerk may not charge and collect from a person any fee for the preparation of an affidavit of correction pursuant to subsection 1 if the only errors to be corrected in the marriage license are clerical errors that were made by the county clerk.

3. All fees collected by the county clerk pursuant to this section must be deposited in the county general fund.

Sec. 3. 1. Except as otherwise provided in subsection 2, if any information in a certificate of marriage is incorrect, the county clerk may charge and collect from a person a fee of not more than $25 for the preparation of an affidavit of correction.

2. The county clerk may not charge and collect from a person any fee for the preparation of an affidavit of correction pursuant to subsection 1 if the only errors to be corrected in the certificate of marriage are clerical errors that were made by the county clerk.

3. Whether or not a person is required to pay any fee for the preparation of an affidavit of correction pursuant to subsection 1 and 2, the county clerk shall charge and collect from the person a fee of $3 and pay it over to the county recorder as his fee for recording the corrected certificate of marriage.

4. All fees collected by the county clerk pursuant to this section and all fees paid to the county recorder pursuant to this section must be deposited in the county general fund.".

Amend the bill as a whole by renumbering sec. 2 as sec. 6 and adding a new section designated sec. 5, following section 1, to read as follows:

"Sec. 5. NRS 122.130 is hereby amended to read as follows:

122.130 1. [Every] Each person who solemnizes a marriage shall make a record of it [,] and , within 10 days after the marriage , shall deliver to the county recorder of the county where the license was issued a copy of the certificate of marriage required by NRS 122.120.

2. If the copy of the certificate of marriage that is held by the person who solemnizes the marriage is lost or destroyed before it is delivered to the county recorder pursuant to subsection 1, the county clerk may charge and collect from the person who solemnizes the marriage a fee of not more than $15 for the preparation of an affidavit of loss or destruction and the issuance of a replacement certificate. All fees collected by the county clerk pursuant to this subsection must be deposited in the county general fund.

3. All copies of certificates must be recorded by the county recorder in a book to be kept by him for that purpose. For recording the copies [he] , the county recorder is entitled to the fees designated in subsection 2 of NRS 122.060 [.] and subsection 3 of section 3 of this act. All such fees must be deposited in the county general fund.".

Amend the title of the bill, third line, before "and" by inserting:

"authorizing a county clerk to charge fees for correcting certain errors in marriage licenses and certificates of marriage and for replacing certain certificates of marriage that have been lost or destroyed; establishing fees for recording corrected certificates of marriage with the county recorder;".

Amend the summary of the bill to read as follows:

"SUMMARY—Revises provisions relating to marriage ceremonies, marriage licenses and certificates of marriage. (BDR 11-630)".