Senate Bill No. 512–Committee on Judiciary

(On Behalf of Nevada District Judges Association)

March 22, 1999

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Referred to Committee on Judiciary

 

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

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to marriage; removing the provisions that prohibit certain justices of the peace and municipal judges from charging a fee to perform a marriage ceremony; 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; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 122 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. Except as otherwise provided in subsection 2, if any

1-4 information in a marriage license is incorrect, the county clerk may

1-5 charge and collect from a person a fee of not more than $25 for the

1-6 preparation of an affidavit of correction.

1-7 2. The county clerk may not charge and collect from a person any

1-8 fee for the preparation of an affidavit of correction pursuant to

1-9 subsection 1 if the only errors to be corrected in the marriage license are

1-10 clerical errors that were made by the county clerk.

1-11 3. All fees collected by the county clerk pursuant to this section must

1-12 be deposited in the county general fund.

2-1 Sec. 3. 1. Except as otherwise provided in subsection 2, if any

2-2 information in a certificate of marriage is incorrect, the county clerk may

2-3 charge and collect from a person a fee of not more than $25 for the

2-4 preparation of an affidavit of correction.

2-5 2. The county clerk may not charge and collect from a person any

2-6 fee for the preparation of an affidavit of correction pursuant to

2-7 subsection 1 if the only errors to be corrected in the certificate of

2-8 marriage are clerical errors that were made by the county clerk.

2-9 3. Whether or not a person is required to pay any fee for the

2-10 preparation of an affidavit of correction pursuant to subsection 1 and 2,

2-11 the county clerk shall charge and collect from the person a fee of $3 and

2-12 pay it over to the county recorder as his fee for recording the corrected

2-13 certificate of marriage.

2-14 4. All fees collected by the county clerk pursuant to this section and

2-15 all fees paid to the county recorder pursuant to this section must be

2-16 deposited in the county general fund.

2-17 Sec. 4. NRS 122.080 is hereby amended to read as follows:

2-18 122.080 1. After receipt of the marriage license previously issued to

2-19 persons wishing to be married as provided in NRS 122.040 and 122.050, it

2-20 is lawful for any justice of the supreme court, any judge of the district

2-21 court, any justice of the peace in his township if it is not a commissioner

2-22 township, any justice of the peace in a commissioner township if authorized

2-23 pursuant to subsection 3, any municipal judge if authorized pursuant to

2-24 subsection 4, any commissioner of civil marriages within his county and

2-25 within a commissioner township therein, or any deputy commissioner of

2-26 civil marriages within the county of his appointment and within a

2-27 commissioner township therein, to join together as husband and wife all

2-28 persons not prohibited by this chapter.

2-29 2. This section does not prohibit:

2-30 (a) A justice of the peace of one township, while acting in the place and

2-31 stead of the justice of the peace of any other township, from performing

2-32 marriage ceremonies within the other township, if such other township is

2-33 not a commissioner township.

2-34 (b) A justice of the peace of one township performing marriages in

2-35 another township of the same county where there is no duly qualified and

2-36 acting justice of the peace, if such other township is not a commissioner

2-37 township or if he is authorized to perform the marriage pursuant to

2-38 subsection 3.

2-39 3. In any calendar year, a justice of the peace may perform not more

2-40 than 20 marriage ceremonies in commissioner townships . [if he does not

2-41 accept any fee, gratuity, gift, honorarium or anything of value for or in

2-42 connection with solemnizing the marriage.]

3-1 4. In any calendar year, a municipal judge may perform not more than

3-2 20 marriage ceremonies in this state . [if he does not accept any fee,

3-3 gratuity, gift, honorarium or anything of value for or in connection with

3-4 solemnizing the marriage.

3-5 5. Any justice of the peace who performs a marriage ceremony in a

3-6 commissioner township or any municipal judge who performs a marriage

3-7 ceremony in this state and who accepts any fee, gratuity, gift, honorarium

3-8 or anything of value for or in connection with solemnizing the marriage is

3-9 guilty of a misdemeanor.]

3-10 Sec. 5. NRS 122.130 is hereby amended to read as follows:

3-11 122.130 1. [Every] Each person who solemnizes a marriage shall

3-12 make a record of it [,] and , within 10 days after the marriage , shall deliver

3-13 to the county recorder of the county where the license was issued a copy of

3-14 the certificate of marriage required by NRS 122.120.

3-15 2. If the copy of the certificate of marriage that is held by the person

3-16 who solemnizes the marriage is lost or destroyed before it is delivered to

3-17 the county recorder pursuant to subsection 1, the county clerk may

3-18 charge and collect from the person who solemnizes the marriage a fee of

3-19 not more than $15 for the preparation of an affidavit of loss or

3-20 destruction and the issuance of a replacement certificate. All fees

3-21 collected by the county clerk pursuant to this subsection must be

3-22 deposited in the county general fund.

3-23 3. All copies of certificates must be recorded by the county recorder in

3-24 a book to be kept by him for that purpose. For recording the copies [he] ,

3-25 the county recorder is entitled to the fees designated in subsection 2 of

3-26 NRS 122.060 [.] and subsection 3 of section 3 of this act. All such fees

3-27 must be deposited in the county general fund.

3-28 Sec. 6. NRS 4.060 is hereby amended to read as follows:

3-29 4.060 1. Except as otherwise provided in this section, each justice of

3-30 the peace shall charge and collect the following fees:

3-31 (a) On the commencement of any action or proceeding in the justice’s

3-32 court, other than in actions commenced pursuant to chapter 73 of NRS, to

3-33 be paid by the party commencing the action:

3-34 If the sum claimed does not exceed $1,000 $28.00

3-35 If the sum claimed exceeds $1,000 but does not exceed

3-36 $2,500 50.00

3-37 If the sum claimed exceeds $2,500 but does not exceed

3-38 $4,500 100.00

3-39 If the sum claimed exceeds $4,500 but does not exceed

3-40 $6,500 125.00

3-41 If the sum claimed exceeds $6,500 but does not exceed

3-42 $7,500 150.00

3-43 In all other civil actions 28.00

4-1 (b) For the preparation and filing of an affidavit and

4-2 order in an action commenced pursuant to chapter 73 of

4-3 NRS:

4-4 If the sum claimed does not exceed $1,000 $25.00

4-5 If the sum claimed exceeds $1,000 but does not exceed

4-6 $2,500 45.00

4-7 If the sum claimed exceeds $2,500 but does not exceed

4-8 $3,500 65.00

4-9 (c) On the appearance of any defendant, or any number of

4-10 defendants answering jointly, to be paid him or them on filing

4-11 the first paper in the action, or at the time of appearance:

4-12 In all civil actions 12.00

4-13 For every additional defendant, appearing separately 6.00

4-14 (d) No fee may be charged where a defendant or defendants

4-15 appear in response to an affidavit and order issued pursuant to

4-16 the provisions of chapter 73 of NRS.

4-17 (e) For the filing of any paper in intervention 6.00

4-18 (f) For the issuance of any writ of attachment, writ of

4-19 garnishment, writ of execution, or any other writ designed to

4-20 enforce any judgment of the court 6.00

4-21 (g) For filing a notice of appeal, and appeal bonds 12.00

4-22 One charge only may be made if both papers are filed at the

4-23 same time.

4-24 (h) For issuing supersedeas to a writ designed to enforce a

4-25 judgment or order of the court 12.00

4-26 (i) For preparation and transmittal of transcript and papers on

4-27 appeal 12.00

4-28 (j) For celebrating a marriage and returning the certificate to

4-29 the county recorder 35.00

4-30 (k) For entering judgment by confession 6.00

4-31 (l) For preparing any copy of any record, proceeding or

4-32 paper, for each page .30

4-33 (m) For each certificate of the clerk, under the seal of the

4-34 court 3.00

4-35 (n) For searching records or files in his office, for each year 1.00

4-36 (o) For filing and acting upon each bail or property bond 40.00

4-37 2. A justice of the peace shall not charge or collect any of the fees set

4-38 forth in subsection 1 for any service rendered by him to the county in which

4-39 his township is located.

4-40 3. [A justice of the peace shall not charge or collect the fee pursuant to

4-41 paragraph (j) of subsection 1 if he performs a marriage ceremony in a

4-42 commissioner township.

4-43 4.] Except as otherwise provided by an ordinance adopted pursuant to

4-44 the provisions of NRS 244.207, the justice of the peace shall, on or before

5-1 the fifth day of each month, account for and pay to the county treasurer all

5-2 fees collected during the preceding month, except for the fees he may retain

5-3 as compensation and the fees he is required to pay to the state treasurer

5-4 pursuant to subsection [5.] 4.

5-5 [5.] 4. The justice of the peace shall, on or before the fifth day of each

5-6 month, pay to the state treasurer [half] one-half of the fees collected

5-7 pursuant to paragraph (o) of subsection 1 during the preceding month. The

5-8 state treasurer shall deposit the money in the fund for the compensation of

5-9 victims of crime.

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