1. Senate Bill No. 512–Committee on Judiciary

CHAPTER........

AN ACT relating to marriage; authorizing a justice of the peace and municipal judge to

accept certain gifts in connection with solemnizing a marriage; 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; authorizing a county recorder to charge fees for correcting certain errors

in certificates of marriage; establishing fees for recording corrected certificates of

marriage with the county recorder; and providing other matters properly relating

thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT 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.

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

  1. Sec. 3. 1. Except as otherwise provided in subsection 2, if any
  1. information in a certificate of marriage is incorrect, the county clerk or
  1. the county recorder may charge and collect from a person a fee of not
  1. more than $25 for the preparation of an affidavit of correction.
  1. 2. Neither the county clerk nor the county recorder may charge and
  1. collect from a person any fee for the preparation of an affidavit of
  1. correction pursuant to subsection 1 if the only errors to be corrected in
  1. the certificate of marriage are clerical errors that were made by the
  1. 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:

(a) The county clerk shall charge and collect from the person a fee in

an amount equal to the amount that the county recorder is required to

charge and collect pursuant to NRS 247.305 and shall pay the fee over to

the county recorder as his fee for recording the corrected certificate of

marriage; or

(b) The county recorder shall charge and collect from the person the

fee set forth in NRS 247.305 for recording the corrected certificate of

marriage.

4. All fees collected pursuant to this section must be deposited in the

county general fund.

Sec. 4. NRS 122.080 is hereby amended to read as follows:

  1. 122.080 1. After receipt of the marriage license previously issued to
  1. persons wishing to be married as provided in NRS 122.040 and 122.050, it
  1. is lawful for any justice of the supreme court, any judge of the district
  1. court, any justice of the peace in his township if it is not a commissioner
  1. township, any justice of the peace in a commissioner township if authorized
  1. pursuant to subsection 3, any municipal judge if authorized pursuant to
  1. subsection 4, any commissioner of civil marriages within his county and
  1. within a commissioner township therein, or any deputy commissioner of
  1. civil marriages within the county of his appointment and within a
  1. commissioner township therein, to join together as husband and wife all
  1. persons not prohibited by this chapter.
  1. 2. This section does not prohibit:
  1. (a) A justice of the peace of one township, while acting in the place and
  1. stead of the justice of the peace of any other township, from performing
  1. marriage ceremonies within the other township, if such other township is
  1. not a commissioner township.
  1. (b) A justice of the peace of one township performing marriages in
  1. another township of the same county where there is no duly qualified and
  1. acting justice of the peace, if such other township is not a commissioner
  1. township or if he is authorized to perform the marriage pursuant to
  1. subsection 3.
  1. 3. In any calendar year, a justice of the peace may perform not more
  1. than 20 marriage ceremonies in commissioner townships if he does not
  1. accept any fee, gratuity, gift, honorarium or anything of value for or in
  1. connection with solemnizing the marriage [.] other than a nonmonetary
  1. 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 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.

  1. 5. Any justice of the peace who performs a marriage ceremony in a
  1. commissioner township or any municipal judge who performs a marriage
  1. ceremony in this state and who , in violation of this section, accepts any
  1. fee, gratuity, gift, honorarium or anything of value for or in connection with
  1. solemnizing the marriage is guilty of a misdemeanor.

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

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

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