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).

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 or

2-3 the county recorder may charge and collect from a person a fee of not

2-4 more than $25 for the preparation of an affidavit of correction.

2-5 2. Neither the county clerk nor the county recorder may charge and

2-6 collect from a person any fee for the preparation of an affidavit of

2-7 correction pursuant to subsection 1 if the only errors to be corrected in

2-8 the certificate of marriage are clerical errors that were made by the

2-9 county clerk.

2-10 3. Whether or not a person is required to pay any fee for the

2-11 preparation of an affidavit of correction pursuant to subsection 1:

2-12 (a) The county clerk shall charge and collect from the person a fee in

2-13 an amount equal to the amount that the county recorder is required to

2-14 charge and collect pursuant to NRS 247.305 and shall pay the fee over to

2-15 the county recorder as his fee for recording the corrected certificate of

2-16 marriage; or

2-17 (b) The county recorder shall charge and collect from the person the

2-18 fee set forth in NRS 247.305 for recording the corrected certificate of

2-19 marriage.

2-20 4. All fees collected pursuant to this section must be deposited in the

2-21 county general fund.

2-22 Sec. 4. NRS 122.080 is hereby amended to read as follows:

2-23 122.080 1. After receipt of the marriage license previously issued to

2-24 persons wishing to be married as provided in NRS 122.040 and 122.050, it

2-25 is lawful for any justice of the supreme court, any judge of the district

2-26 court, any justice of the peace in his township if it is not a commissioner

2-27 township, any justice of the peace in a commissioner township if authorized

2-28 pursuant to subsection 3, any municipal judge if authorized pursuant to

2-29 subsection 4, any commissioner of civil marriages within his county and

2-30 within a commissioner township therein, or any deputy commissioner of

2-31 civil marriages within the county of his appointment and within a

2-32 commissioner township therein, to join together as husband and wife all

2-33 persons not prohibited by this chapter.

2-34 2. This section does not prohibit:

2-35 (a) A justice of the peace of one township, while acting in the place and

2-36 stead of the justice of the peace of any other township, from performing

2-37 marriage ceremonies within the other township, if such other township is

2-38 not a commissioner township.

2-39 (b) A justice of the peace of one township performing marriages in

2-40 another township of the same county where there is no duly qualified and

2-41 acting justice of the peace, if such other township is not a commissioner

2-42 township or if he is authorized to perform the marriage pursuant to

2-43 subsection 3.

3-1 3. In any calendar year, a justice of the peace may perform not more

3-2 than 20 marriage ceremonies in commissioner townships if he does not

3-3 accept any fee, gratuity, gift, honorarium or anything of value for or in

3-4 connection with solemnizing the marriage [.] other than a nonmonetary

3-5 gift that is of nominal value.

3-6 4. In any calendar year, a municipal judge may perform not more than

3-7 20 marriage ceremonies in this state if he does not accept any fee, gratuity,

3-8 gift, honorarium or anything of value for or in connection with solemnizing

3-9 the marriage [.] other than a nonmonetary gift that is of nominal value.

3-10 5. Any justice of the peace who performs a marriage ceremony in a

3-11 commissioner township or any municipal judge who performs a marriage

3-12 ceremony in this state and who , in violation of this section, accepts any

3-13 fee, gratuity, gift, honorarium or anything of value for or in connection with

3-14 solemnizing the marriage is guilty of a misdemeanor.

3-15 Sec. 5. NRS 122.130 is hereby amended to read as follows:

3-16 122.130 1. [Every] Each person who solemnizes a marriage shall

3-17 make a record of it [,] and , within 10 days after the marriage , shall deliver

3-18 to the county recorder of the county where the license was issued a copy of

3-19 the certificate of marriage required by NRS 122.120.

3-20 2. If the copy of the certificate of marriage that is held by the person

3-21 who solemnizes the marriage is lost or destroyed before it is delivered to

3-22 the county recorder pursuant to subsection 1, the county clerk may

3-23 charge and collect from the person who solemnizes the marriage a fee of

3-24 not more than $15 for the preparation of an affidavit of loss or

3-25 destruction and the issuance of a replacement certificate. All fees

3-26 collected by the county clerk pursuant to this subsection must be

3-27 deposited in the county general fund.

3-28 3. All copies of certificates must be recorded by the county recorder in

3-29 a book to be kept by him for that purpose. For recording the copies [he] ,

3-30 the county recorder is entitled to the fees designated in subsection 2 of

3-31 NRS 122.060 [.] and subsection 3 of section 3 of this act. All such fees

3-32 must be deposited in the county general fund.