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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 122 of NRS is hereby amended by adding thereto1-2
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 any1-4
information in a marriage license is incorrect, the county clerk may1-5
charge and collect from a person a fee of not more than $25 for the1-6
preparation of an affidavit of correction.1-7
2. The county clerk may not charge and collect from a person any1-8
fee for the preparation of an affidavit of correction pursuant to1-9
subsection 1 if the only errors to be corrected in the marriage license are1-10
clerical errors that were made by the county clerk.1-11
3. All fees collected by the county clerk pursuant to this section must1-12
be deposited in the county general fund.2-1
Sec. 3. 1. Except as otherwise provided in subsection 2, if any2-2
information in a certificate of marriage is incorrect, the county clerk may2-3
charge and collect from a person a fee of not more than $25 for the2-4
preparation of an affidavit of correction.2-5
2. The county clerk may not charge and collect from a person any2-6
fee for the preparation of an affidavit of correction pursuant to2-7
subsection 1 if the only errors to be corrected in the certificate of2-8
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 the2-10
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 and2-12
pay it over to the county recorder as his fee for recording the corrected2-13
certificate of marriage.2-14
4. All fees collected by the county clerk pursuant to this section and2-15
all fees paid to the county recorder pursuant to this section must be2-16
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 to2-19
persons wishing to be married as provided in NRS 122.040 and 122.050, it2-20
is lawful for any justice of the supreme court, any judge of the district2-21
court, any justice of the peace in his township if it is not a commissioner2-22
township, any justice of the peace in a commissioner township if authorized2-23
pursuant to subsection 3, any municipal judge if authorized pursuant to2-24
subsection 4, any commissioner of civil marriages within his county and2-25
within a commissioner township therein, or any deputy commissioner of2-26
civil marriages within the county of his appointment and within a2-27
commissioner township therein, to join together as husband and wife all2-28
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 and2-31
stead of the justice of the peace of any other township, from performing2-32
marriage ceremonies within the other township, if such other township is2-33
not a commissioner township.2-34
(b) A justice of the peace of one township performing marriages in2-35
another township of the same county where there is no duly qualified and2-36
acting justice of the peace, if such other township is not a commissioner2-37
township or if he is authorized to perform the marriage pursuant to2-38
subsection 3.2-39
3. In any calendar year, a justice of the peace may perform not more2-40
than 20 marriage ceremonies in commissioner townships .2-41
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4. In any calendar year, a municipal judge may perform not more than3-2
20 marriage ceremonies in this state .3-3
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Sec. 5. NRS 122.130 is hereby amended to read as follows: 122.130 1.3-12
make a record of it3-13
to the county recorder of the county where the license was issued a copy of3-14
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 person3-16
who solemnizes the marriage is lost or destroyed before it is delivered to3-17
the county recorder pursuant to subsection 1, the county clerk may3-18
charge and collect from the person who solemnizes the marriage a fee of3-19
not more than $15 for the preparation of an affidavit of loss or3-20
destruction and the issuance of a replacement certificate. All fees3-21
collected by the county clerk pursuant to this subsection must be3-22
deposited in the county general fund.3-23
3. All copies of certificates must be recorded by the county recorder in3-24
a book to be kept by him for that purpose. For recording the copies3-25
the county recorder is entitled to the fees designated in subsection 2 of3-26
NRS 122.0603-27
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 of3-30
the peace shall charge and collect the following fees:3-31
(a) On the commencement of any action or proceeding in the justice’s3-32
court, other than in actions commenced pursuant to chapter 73 of NRS, to3-33
be paid by the party commencing the action:3-34
If the sum claimed does not exceed $1,000 $28.003-35
If the sum claimed exceeds $1,000 but does not exceed3-36
$2,500 50.003-37
If the sum claimed exceeds $2,500 but does not exceed3-38
$4,500 100.003-39
If the sum claimed exceeds $4,500 but does not exceed3-40
$6,500 125.003-41
If the sum claimed exceeds $6,500 but does not exceed3-42
$7,500 150.003-43
In all other civil actions 28.004-1
(b) For the preparation and filing of an affidavit and4-2
order in an action commenced pursuant to chapter 73 of4-3
NRS:4-4
If the sum claimed does not exceed $1,000 $25.004-5
If the sum claimed exceeds $1,000 but does not exceed4-6
$2,500 45.004-7
If the sum claimed exceeds $2,500 but does not exceed4-8
$3,500 65.004-9
(c) On the appearance of any defendant, or any number of4-10
defendants answering jointly, to be paid him or them on filing4-11
the first paper in the action, or at the time of appearance:4-12
In all civil actions 12.004-13
For every additional defendant, appearing separately 6.004-14
(d) No fee may be charged where a defendant or defendants4-15
appear in response to an affidavit and order issued pursuant to4-16
the provisions of chapter 73 of NRS.4-17
(e) For the filing of any paper in intervention 6.004-18
(f) For the issuance of any writ of attachment, writ of4-19
garnishment, writ of execution, or any other writ designed to4-20
enforce any judgment of the court 6.004-21
(g) For filing a notice of appeal, and appeal bonds 12.004-22
One charge only may be made if both papers are filed at the4-23
same time.4-24
(h) For issuing supersedeas to a writ designed to enforce a4-25
judgment or order of the court 12.004-26
(i) For preparation and transmittal of transcript and papers on4-27
appeal 12.004-28
(j) For celebrating a marriage and returning the certificate to4-29
the county recorder 35.004-30
(k) For entering judgment by confession 6.004-31
(l) For preparing any copy of any record, proceeding or4-32
paper, for each page .304-33
(m) For each certificate of the clerk, under the seal of the4-34
court 3.004-35
(n) For searching records or files in his office, for each year 1.004-36
(o) For filing and acting upon each bail or property bond 40.004-37
2. A justice of the peace shall not charge or collect any of the fees set4-38
forth in subsection 1 for any service rendered by him to the county in which4-39
his township is located.4-40
3.4-41
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the provisions of NRS 244.207, the justice of the peace shall, on or before5-1
the fifth day of each month, account for and pay to the county treasurer all5-2
fees collected during the preceding month, except for the fees he may retain5-3
as compensation and the fees he is required to pay to the state treasurer5-4
pursuant to subsection5-5
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month, pay to the state treasurer5-7
pursuant to paragraph (o) of subsection 1 during the preceding month. The5-8
state treasurer shall deposit the money in the fund for the compensation of5-9
victims of crime.~