requires two-thirds majority vote (§ 5)
A.B. 254
Assembly Bill No. 254–Assemblyman Manendo (by request)
February 28, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes to provisions governing marriage. (BDR 11‑95)
FISCAL NOTE: Effect on Local Government: No.
~
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; authorizing a county clerk to designate a commercial wedding chapel as a branch office of the county clerk for purposes of issuing marriage licenses; authorizing a county clerk to issue a marriage license for the renewal of marriage vows; authorizing the collection of fees for those licenses; revising provisions governing the requirements for a person to obtain a certificate of permission to perform marriages; 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, 3 and 4 of this act.
1-3 Sec. 2. As used in this chapter, unless the context otherwise
1-4 requires, “other person authorized to solemnize marriages” means a
1-5 person of any church, denomination or religious society who has been
1-6 authorized to solemnize marriages according to the usages of the church,
1-7 denomination or religious society, or any religious society not having
1-8 clergy but providing for solemnization of marriages in accordance with
1-9 the rules and customs of that society.
1-10 Sec. 3. 1. In any county, the county clerk, in his sole discretion,
1-11 may designate one or more commercial wedding chapels as a branch
1-12 office of the county clerk for the purpose of issuing a marriage license.
1-13 2. If the county clerk has designated a commercial wedding chapel
1-14 as a branch office, the county clerk may appoint a person who is certified
1-15 to perform marriages pursuant to the provisions of NRS 122.064 to
1-16 122.073, inclusive, as a deputy clerk to:
1-17 (a) Issue a marriage license in the manner set forth in NRS 122.040;
1-18 and
1-19 (b) Collect the fees for issuing a marriage license set forth in
1-20 NRS 122.060.
2-1 3. The fees required pursuant to NRS 122.060 for issuing a marriage
2-2 license which are collected pursuant to this section must be remitted to
2-3 the county clerk in the manner established by regulation of the county
2-4 clerk.
2-5 4. The county clerk may revoke the designation of a branch office
2-6 and an appointment as a deputy clerk made pursuant to this section by
2-7 providing notice in any form. Revocation is effective upon receipt.
2-8 5. The county clerk may prescribe regulations, which do not conflict
2-9 with the provisions of this chapter, to carry out the provisions of this
2-10 section.
2-11 Sec. 4. 1. If a person is no longer authorized to solemnize
2-12 marriages by the church, denomination or religious society that
2-13 authorized the person to solemnize marriage ceremonies pursuant to
2-14 NRS 122.064, the church, denomination or religious society shall, within
2-15 5 days after the authorization is terminated, file an affidavit of revocation
2-16 of authority to solemnize marriages with the county clerk of the county
2-17 where the original affidavit of authority to solemnize marriages was filed.
2-18 2. The affidavit of revocation of authority to solemnize marriages
2-19 must be in substantially the following form:
2-20 Affidavit of Revocation of Authority to Solemnize Marriages
2-21 State of Nevada......... }
2-22 }ss.
2-23 County of......... }
2-24 The ................................................... (name of organization) is
2-25 organized and carries on its work in the State of Nevada. Its active
2-26 meetings are located in ................................................... (city, town or
2-27 county). The organization hereby revokes the authority of
2-28 .................................. (name of person) filed in .....................................
2-29 (name of county) on the .......... day of ...................... (month), ..........
2-30 (year) to solemnize marriages.
2-31 I am duly authorized by ................................................... (name of
2-32 organization) to complete and submit this affidavit.
2-33 ..................................
2-34 Signature of Official
2-35 ..................................
2-36 Name of Official
2-37 (type or print name)
2-38 ..................................
2-39 Title of Official
2-40 Signed and sworn to (or affirmed) before me this ....... day of the month
2-41 of ............. of the year .......
2-42 ..................................
2-43 Notary Public for
2-44 ...................... County, Nevada.
2-45 My appointment expires:
3-1 Sec. 5. NRS 122.020 is hereby amended to read as follows:
3-2 122.020 1. [A] Except as otherwise provided in this section, a male
3-3 and a female person, at least 18 years of age, not nearer of kin than second
3-4 cousins or cousins of the half blood, and not having a husband or wife
3-5 living, may be joined in marriage.
3-6 2. A person at least 16 years of age but less than 18 years of age may
3-7 marry only if he has the consent of:
3-8 (a) Either parent; or
3-9 (b) His legal guardian.
3-10 3. A county clerk may:
3-11 (a) Issue a marriage license to a legally married couple who intend to
3-12 renew their vows of marriage; and
3-13 (b) Collect the fees required pursuant to NRS 122.060 for issuing a
3-14 marriage license from a legally married couple who intend to renew their
3-15 vows of marriage.
3-16 4. The provisions of this section do not prohibit the performance of a
3-17 marriage ceremony for a legally married couple who intend to renew
3-18 their vows of marriage.
3-19 Sec. 6. NRS 122.030 is hereby amended to read as follows:
3-20 122.030 1. With respect to any marriage solemnized before January
3-21 1, 1971, the original certificate and records of marriage made by the judge,
3-22 justice or minister, as prescribed in this chapter, and the record thereof by
3-23 the recorder of the county, or a copy or abstract of the record certified by
3-24 the recorder, must be received in all courts and places as presumptive
3-25 evidence of the fact of the marriage.
3-26 2. With respect to any marriage solemnized on or after January 1,
3-27 1971, the original certificate and records of marriage made by the judge,
3-28 justice, minister, commissioner of civil marriages , [or] deputy
3-29 commissioner of civil marriages[,] or other person authorized to
3-30 solemnize marriages, as prescribed in this chapter, and the record thereof
3-31 by the recorder of the county, or a copy or abstract of the record certified
3-32 by the recorder, must be received in all courts and places as presumptive
3-33 evidence of the fact of the marriage.
3-34 Sec. 7. NRS 122.040 is hereby amended to read as follows:
3-35 122.040 1. Before persons may be joined in marriage, a license must
3-36 be obtained for that purpose from the county clerk of any county in the
3-37 state. Except as otherwise provided in this subsection[,] and section 3 of
3-38 this act, the license must be issued at the county seat of that county. The
3-39 board of county commissioners:
3-40 (a) In a county whose population is 400,000 or more may, at the request
3-41 of the county clerk, designate two branch offices of the county clerk at
3-42 which marriage licenses may be issued, if the designated branch offices are
3-43 located outside of the county seat.
3-44 (b) In a county whose population is less than 400,000 may, at the
3-45 request of the county clerk, designate one branch office of the county clerk
3-46 at which marriage licenses may be issued, if the designated branch office is
3-47 established in a county office building which is located outside of the
3-48 county seat.
4-1 2. Before issuing a marriage license, the county clerk may require
4-2 evidence that the applicant for the license is of age. The county clerk shall
4-3 accept a statement under oath by the applicant and the applicant’s parent, if
4-4 available, that the applicant is of age.
4-5 3. The county clerk issuing the license shall require the applicant to
4-6 answer under oath each of the questions contained in the form of license,
4-7 and, if the applicant cannot answer positively any questions with reference
4-8 to the other person named in the license, the clerk shall require both
4-9 persons named in the license to appear before him and to answer, under
4-10 oath, the questions contained in the form of license. The county clerk shall
4-11 require the applicant to include his social security number and the social
4-12 security number of the other person named in the license on the affidavit of
4-13 application for the marriage license. If either person does not have a social
4-14 security number, the person responding to the question must state that fact.
4-15 The county clerk shall not require any evidence to verify a social security
4-16 number. If any of the information required is unknown to the person
4-17 responding to the question, he must state that the answer is unknown.
4-18 4. If any of the persons intending to marry are under age and have not
4-19 been previously married, and if the authorization of a district court is not
4-20 required, the clerk shall issue the license if the consent of the parent or
4-21 guardian is:
4-22 (a) Personally given before the clerk;
4-23 (b) Certified under the hand of the parent or guardian, attested by two
4-24 witnesses, one of whom must appear before the clerk and make oath that he
4-25 saw the parent or guardian subscribe his name to the annexed certificate, or
4-26 heard him or her acknowledge it; or
4-27 (c) In writing, subscribed to and acknowledged before a person
4-28 authorized by law to administer oaths. A facsimile of the acknowledged
4-29 writing must be accepted if the original is not available.
4-30 5. If the authorization of a district court is required, the county clerk
4-31 shall issue the license if that authorization is given to him in writing.
4-32 6. All records pertaining to marriage licenses are public records and
4-33 open to inspection pursuant to the provisions of NRS 239.010.
4-34 7. A marriage license issued on or after July 1, 1987, expires 1 year
4-35 after its date of issuance.
4-36 Sec. 8. NRS 122.050 is hereby amended to read as follows:
4-37 122.050 The marriage license must be substantially in the following
4-38 form:
4-39 Marriage License
4-40 (Expires 1 Year After Issuance)
4-41 State of Nevada}
4-42 }ss.
4-43 County of......... }
4-44 These presents are to authorize any minister or other person authorized
4-45 to solemnize marriages who has obtained a certificate of permission, any
4-46 supreme court justice or district judge within this state, or justice of the
5-1 peace within a township wherein he is permitted to solemnize marriages or
5-2 if authorized pursuant to subsection 3 of NRS 122.080, or a municipal
5-3 judge if authorized pursuant to subsection 4 of NRS 122.080 or any
5-4 commissioner of civil marriages or his deputy within a commissioner
5-5 township wherein they are permitted to solemnize marriages, to join in
5-6 marriage ........ of (City, town or location) ........, State of ........ State of birth
5-7 (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name
5-8 ........ Father’s state of birth (If not in U.S.A., name of country) ........
5-9 Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name
5-10 of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Wife
5-11 deceased ........ Divorced ........ Annulled ........ When ........ Where ........
5-12 And ........ of (City, town or location) ........, State of ........ State of birth (If
5-13 not in U.S.A., name of country) ........; Date of birth ........ Father’s name
5-14 ........ Father’s state of birth (If not in U.S.A., name of country) ........
5-15 Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name
5-16 of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Husband
5-17 deceased ........ Divorced ........ Annulled ........ When ........ Where ........;
5-18 and to certify the marriage according to law.
5-19 Witness my hand and the seal of the county, this ..... day of the month of
5-20 .......... of the year ............
5-21 ...............................
5-22 (Seal) Clerk
5-23 ...............................
5-24 Deputy clerk
5-25 Sec. 9. NRS 122.061 is hereby amended to read as follows:
5-26 122.061 1. In any county whose population is 100,000 or more, the
5-27 main office of the county clerk where marriage licenses may be issued
5-28 must be open to the public for the purpose of issuing such licenses from 8
5-29 a.m. to 12 p.m. every day including holidays, and may remain open at other
5-30 times. [The] Except as otherwise provided in subsection 3, the board of
5-31 county commissioners shall determine the hours during which a branch
5-32 office of the county clerk where marriage licenses may be issued must
5-33 remain open to the public.
5-34 2. In all other counties, the board of county commissioners shall
5-35 determine the hours during which the offices where marriage licenses may
5-36 be issued must remain open to the public.
5-37 3. A county clerk who has designated a commercial wedding chapel
5-38 as a branch office of the county clerk for the purpose of issuing a
5-39 marriage license pursuant to section 3 of this act may determine the
5-40 hours during which a commercial wedding chapel designated as a
5-41 branch office may issue a marriage license.
5-42 Sec. 10. NRS 122.062 is hereby amended to read as follows:
5-43 122.062 1. Any [licensed or ordained minister in good standing
5-44 within his denomination, whose denomination, governing body and church,
5-45 or any of them, are incorporated or organized or established in this state,]
5-46 minister or other person authorized to solemnize marriages, may join
5-47 together as husband and wife persons who present a marriage license
5-48 obtained from any county clerk of the state, if the minister or other person
6-1 authorized to solemnize marriages first obtains a certificate of permission
6-2 to perform marriages as provided in this section and NRS 122.064 to
6-3 122.073, inclusive. The fact that a minister or other person authorized to
6-4 solemnize marriages is retired does not disqualify him from obtaining a
6-5 certificate of permission to perform marriages . [if, before his retirement,
6-6 he had active charge of a congregation within this state for a period of at
6-7 least 3 years.]
6-8 2. A temporary replacement for a [licensed or ordained] minister or
6-9 other person authorized to solemnize marriages certified pursuant to this
6-10 section and NRS 122.064 to 122.073, inclusive, may solemnize marriages
6-11 pursuant to subsection 1 during such time as he may be authorized to do so
6-12 by the county clerk in the county in which he is a temporary replacement,
6-13 for a period not to exceed 90 days. The minister or other person
6-14 authorized to solemnize marriages whom he temporarily replaces shall
6-15 provide him with a written authorization which states the period during
6-16 which it is effective.
6-17 3. Any chaplain who is assigned to duty in this state by the Armed
6-18 Forces of the United States may solemnize marriages if he obtains a
6-19 certificate of permission to perform marriages from the county clerk of the
6-20 county in which his duty station is located. The county clerk shall issue
6-21 such a certificate to a chaplain upon proof by him of his military status as a
6-22 chaplain and of his assignment.
6-23 4. A county clerk may authorize a [licensed or ordained] minister or
6-24 other person authorized to solemnize marriages whose [congregation]
6-25 church, denomination or religious society is located in another state to
6-26 perform marriages in the county if the [county clerk satisfies himself that
6-27 the minister is in good standing with his denomination or church. The
6-28 authorization must be in writing and] minister or other person authorized
6-29 to solemnize marriages files an application and affidavit that satisfies the
6-30 requirements of NRS 122.064. The application and affidavit required
6-31 pursuant to NRS 122.064 need not be filed with any other public officer.
6-32 A separate authorization is required for each marriage performed. Such a
6-33 minister or other person authorized to solemnize marriages may perform
6-34 not more than five marriages in this state in any calendar year.
6-35 5. A minister or other person authorized to solemnize marriages
6-36 pursuant to subsection 1 may solemnize a marriage in any county in this
6-37 state.
6-38 Sec. 11. NRS 122.064 is hereby amended to read as follows:
6-39 122.064 1. A certificate of permission may be obtained only from the
6-40 county clerk of the county in which the minister or other person
6-41 authorized to solemnize marriages resides, after the filing of a proper
6-42 application. The initial application must:
6-43 (a) Be in writing and be verified by the applicant , [or] his superior[.]
6-44 or another person who is authorized by the church, denomination or
6-45 religious society of the applicant to verify the application.
6-46 (b) Include the date of licensure or ordination[, or both, of the
6-47 minister,] , if applicable, and the name of the church, denomination,
6-48 [governing body and church, or any of them,] or religious society with
6-49 which he is affiliated.
7-1 (c) Include the social security number of the applicant.
7-2 (d) Be accompanied by two copies of the [denominational standing of
7-3 the applicant,] affidavit of authority to solemnize marriages, one of which
7-4 the county clerk shall file with the secretary of state.
7-5 2. [To determine the qualifications of any minister who has filed an
7-6 application for a certificate, the county clerk with whom the application has
7-7 been filed may require:
7-8 (a) The congregation of the minister to furnish any evidence which the
7-9 county clerk considers necessary or helpful.
7-10 (b) The district attorney and the sheriff to conduct an investigation of
7-11 the background and present activities of the minister.
7-12 3. In addition to the requirement of good standing, the county clerk
7-13 shall, before approving an initial application, satisfy himself that:
7-14 (a) The applicant’s ministry is primarily one of service to his
7-15 congregation or denomination, and that his performance of marriages will
7-16 be incidental to that service, or, in the case of a retired minister, that his
7-17 active ministry was of such a nature.
7-18 (b) No certificate previously issued to the applicant has been canceled
7-19 for a knowing violation of the laws of this state or of the United States.
7-20 (c) The applicant has not been convicted of a felony, been released from
7-21 confinement or completed his parole or probation, whichever occurs later,
7-22 within 10 years before the date of the application.
7-23 4. The county clerk may require any applicant to submit information in
7-24 addition to the information required by this section.] The affidavit of
7-25 authority to solemnize marriages must be in substantially the following
7-26 form:
7-27 Affidavit of Authority to Solemnize Marriages
7-28 State of Nevada }
7-29 }ss.
7-30 County of............. }
7-31 The ................................................... (name of organization) is
7-32 organized and carries on its work in the State of Nevada. Its active
7-33 meetings are located in ................................ (city, town or county). The
7-34 organization hereby finds ................................ (name of person) is in
7-35 good standing and is authorized by the organization to solemnize
7-36 marriages.
7-37 I am duly authorized by ................................................... (name of
7-38 organization) to complete and submit this affidavit.
7-39 ..................................
7-40 Signature of Official
7-41 ..................................
7-42 Name of Official
7-43 (type or print name)
7-44 ..................................
7-45 Title of Official
8-1 Signed and sworn to (or affirmed) before me this ....... day of the month
8-2 of ....... of the year .......
8-3 ..................................
8-4 Notary Public for
8-5 ...................... County, Nevada.
8-6 My appointment expires:
8-7 Sec. 12. NRS 122.066 is hereby amended to read as follows:
8-8 122.066 1. If the county clerk approves an application[,] for a
8-9 certificate of permission to perform marriages, he shall notify the
8-10 secretary of state of such approval within 10 days thereafter. After receipt
8-11 of such notification, the secretary of state shall immediately certify the
8-12 name of [such] the minister or other person authorized to solemnize
8-13 marriages to each county clerk and county recorder in the state.
8-14 2. A certificate of permission shall be valid until the county clerk has
8-15 received[:
8-16 (a) A written statement that the minister is no longer in good standing
8-17 within his denomination, signed by a trustee, warden, responsible superior
8-18 or other officer of such minister’s congregation authorized to speak for it;
8-19 or
8-20 (b) A written statement that the minister to whom a certificate of
8-21 permission was granted is no longer a minister, signed by a trustee,
8-22 warden, responsible superior or other officer of such former minister’s
8-23 congregation authorized to speak for it.
8-24 3. The written statements required to be sent by a trustee, warden,
8-25 responsible supervisor or other officer of a congregation pursuant to
8-26 subsection 2 shall be sent to the county clerk within 5 days following the
8-27 time the minister ceased to be a member of the denomination in good
8-28 standing or ceased to be a minister of the congregation.
8-29 4.] an affidavit of revocation of authority to solemnize marriages
8-30 pursuant to section 4 of this act.
8-31 3. If the county clerk in the county where the certificate of permission
8-32 was issued has reason to believe that the minister [is no longer in good
8-33 standing within his denomination, or that he is no longer a minister, or that
8-34 such denomination no longer exists, such] or other person authorized to
8-35 solemnize marriages no longer meets the requirements of NRS 122.062,
8-36 the clerk may require satisfactory proof of [such minister’s denominational
8-37 standing.] the person’s authorization by requesting a new affidavit of
8-38 authority to solemnize marriages from the church, denomination or
8-39 religious society of the minister or other person authorized to solemnize
8-40 marriages. If such proof is not presented within 15 days, the county clerk
8-41 shall revoke the certificate of permission and shall so notify the secretary
8-42 of state.
8-43 [5. If any minister to whom a certificate of permission has been issued
8-44 severs ties with his congregation or moves from the county in which his
8-45 certificate was issued, the certificate shall expire immediately upon such
8-46 severance or move, and the trustee, warden, responsible superior or other
8-47 officer of the congregation authorized to speak for it shall, within 5 days
9-1 following the severance or move, give written notice of the fact of such
9-2 severance or move to the county clerk who issued the certificate.]
9-3 Sec. 13. NRS 122.068 is hereby amended to read as follows:
9-4 122.068 1. Any county clerk who has issued a certificate of
9-5 permission to perform marriages to a minister or other person authorized
9-6 to solemnize marriages pursuant to NRS 122.064 to 122.073, inclusive,
9-7 may revoke [such] the certificate for good cause shown after hearing.
9-8 2. If the certificate of permission to perform marriages of any
9-9 minister or other person authorized to solemnize marriages is revoked,
9-10 the county clerk shall inform the secretary of state of [such] that fact, and
9-11 the secretary of state shall immediately remove the name of [such] the
9-12 minister or other person authorized to solemnize marriages from the list
9-13 and shall notify each county clerk and county recorder in the state of [such
9-14 fact.] the revocation.
9-15 Sec. 14. NRS 122.071 is hereby amended to read as follows:
9-16 122.071 Any minister or other person authorized to solemnize
9-17 marriages whose application for a certificate of permission to perform
9-18 marriages or renewal of such a certificate is denied, or whose certificate
9-19 of permission to perform marriages is revoked, is entitled to judicial
9-20 review of such action in the district court of the county in which such
9-21 action was taken.
9-22 Sec. 15. NRS 122.073 is hereby amended to read as follows:
9-23 122.073 [Each]
9-24 1. Except as otherwise provided in subsection 2, each county clerk
9-25 may prescribe additional regulations, which [shall] do not conflict with the
9-26 provisions of this chapter, relating to the issuance and revocation of
9-27 certificates of permission[.] to perform marriages.
9-28 2. A county clerk shall not prescribe additional regulations which
9-29 affect the eligibility of a person to obtain a certificate of permission to
9-30 perform marriages.
9-31 Sec. 16. NRS 122.090 is hereby amended to read as follows:
9-32 122.090 No marriage solemnized before any person professing to be a
9-33 judge, justice, minister, commissioner of civil marriages , [or] deputy
9-34 commissioner of civil marriages or other person professing to be
9-35 authorized to solemnize marriages shall be deemed or adjudged to be
9-36 void, nor shall the validity thereof be in any way affected on account of
9-37 any want of jurisdiction or authority, provided it be consummated with a
9-38 full belief on the part of the persons so married, or either of them, that they
9-39 have been lawfully joined in marriage.
9-40 Sec. 17. NRS 122.110 is hereby amended to read as follows:
9-41 122.110 1. In the solemnization of marriage, no particular form is
9-42 required except that the parties shall declare, in the presence of the justice,
9-43 judge, minister, justice of the peace, commissioner of civil marriages , [or]
9-44 deputy commissioner of civil marriages[,] or other person authorized to
9-45 solemnize marriages, and the attending witness, that they take each other
9-46 as husband and wife.
9-47 2. In every case there shall be at least one witness present besides the
9-48 person performing the ceremony.
10-1 Sec. 18. NRS 122.120 is hereby amended to read as follows:
10-2 122.120 1. After a marriage is solemnized, the person solemnizing
10-3 the marriage shall give to each couple being married a certificate of
10-4 marriage.
10-5 2. The certificate of marriage must be in substantially the following
10-6 form:
10-7 State of Nevada
10-8 Marriage Certificate
10-9 State of Nevada }
10-10 }ss.
10-11 County of............. }
10-12 This is to certify that the undersigned, ................................ (a minister ,
10-13 [of the gospel,] judge, justice of the peace of ................................ County,
10-14 commissioner of civil marriages , [or] deputy commissioner of civil
10-15 marriages[,] or other person authorized to solemnize marriages, as the
10-16 case may be), did on the ................ day of the month of .......... of the year
10-17 ..............., at ................ (address or church), ................ (city), Nevada, join
10-18 in lawful wedlock ................ (name), of ................ (city), State of
10-19 ................ and ................ (name), of ................(city), State of ................
10-20 with their mutual consent, in the presence of ................ and ................
10-21 (witnesses).
10-22 ...............................
10-23 Signature of person performing
10-24 (Seal of County Clerk) the marriage
10-25 ...............................
10-26 Name under signature typewritten
10-27 or printed in black ink
10-28
10-29 .................................
10-30 County Clerk
10-31 ...............................
10-32 Official title of person performing
10-33 the marriage
10-34 .................................
10-35 .................................
10-36 Couple’s mailing address
10-37 3. All information contained in the certificate of marriage must be
10-38 typewritten or legibly printed in black ink, except the signatures. The
10-39 signature of the person performing the marriage must be an original
10-40 signature.
10-41 Sec. 19. NRS 122.177 is hereby amended to read as follows:
10-42 122.177 1. The county shall provide a suitable area separate from the
10-43 marriage license bureau or other place where marriage licenses are issued
10-44 for the solemnizing of marriages.
10-45 2. The area shall be:
11-1 (a) Appropriately furnished by the county to provide a tranquil
11-2 atmosphere and the solemnizing ceremony shall be privately conducted in
11-3 a dignified manner without haste; and
11-4 (b) Situated in a building entirely separate from and unconnected with
11-5 any building in which marriage licenses are issued.
11-6 3. The provisions of this section do not prohibit a commercial
11-7 wedding chapel that is designated as a branch office of the county clerk
11-8 for the purpose of issuing a marriage license pursuant to section 3 of this
11-9 act from issuing a marriage license in a building where a marriage is
11-10 solemnized.
11-11 Sec. 20. NRS 122.189 is hereby amended to read as follows:
11-12 122.189 1. It is unlawful for the commissioner of civil marriages,
11-13 any deputy commissioner, or any employee in the office of the
11-14 commissioner or in the office of the county clerk to:
11-15 [1.] (a) Solicit, accept or receive any gratuity, remuneration or fee
11-16 whatsoever for the solemnizing of marriages;
11-17 [2.] (b) Participate in or receive the benefits of any fees solicited or
11-18 received by any other person; or
11-19 [3.] (c) Influence or attempt to influence any person to have a marriage
11-20 solemnized in the office of the commissioner of civil marriages.
11-21 2. The provisions of this section apply to a commercial wedding
11-22 chapel that is designated as a branch office of the county clerk and a
11-23 person who is designated as a deputy clerk for the purpose of issuing a
11-24 marriage license pursuant to section 3 of this act only while acting in the
11-25 capacity of a branch office or deputy clerk.
11-26 Sec. 21. NRS 122.220 is hereby amended to read as follows:
11-27 122.220 1. It is unlawful for any supreme court justice, judge of a
11-28 district court, justice of the peace, municipal judge, minister , [of any
11-29 religious society or congregation,] commissioner of civil marriages , [or]
11-30 deputy commissioner of civil marriages or other person authorized to
11-31 solemnize marriages to join together as husband and wife persons allowed
11-32 by law to be joined in marriage, until the persons proposing such marriage
11-33 exhibit to him a license from the county clerk as provided by law.
11-34 2. Any supreme court justice, judge of a district court, justice of the
11-35 peace, municipal judge, minister, commissioner of civil marriages , [or]
11-36 deputy commissioner of civil marriages or other person authorized to
11-37 solemnize marriages who violates the provisions of subsection 1 is guilty
11-38 of a misdemeanor.
11-39 H