REQUIRES TWO THIRDS MAJORITY VOTE (§ 4)
(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTA.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 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; providing for the expiration and renewal of such a certificate; 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. 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. A minister or other person authorized to solemnize
1-11 marriages pursuant to NRS 122.064 may renew a certificate of
1-12 permission to perform marriages by filing a completed renewal form with
1-13 the county clerk of the county where the original affidavit of authority to
1-14 solemnize marriages was filed.
1-15 2. The county clerk shall develop by regulation the form for renewal
1-16 and make the form available. The form for renewal must include the
1-17 social security number of the minister or other person authorized to
1-18 solemnize marriages.
1-19 3. If a minister or other person authorized to solemnize marriages
1-20 does not file a renewal form at least 30 days before the last day that his
1-21 certificate of permission is valid, the authority of the minister or other
2-1 person authorized to solemnize marriages to perform marriages will
2-2 expire when the certificate is no longer valid.
2-3 Sec. 4. NRS 122.020 is hereby amended to read as follows:
2-4 122.020 1. A male and a female person, at least 18 years of age, not
2-5 nearer of kin than second cousins or cousins of the half blood, and not
2-6 having a husband or wife living, may be joined in marriage.
2-7 2. A person at least 16 years of age but less than 18 years of age may
2-8 marry only if he has the consent of:
2-9 (a) Either parent; or
2-10 (b) His legal guardian.
2-11 3. A county clerk may:
2-12 (a) Issue a marriage license to a legally married couple who intend to
2-13 renew their vows of marriage; and
2-14 (b) Collect the fees required pursuant to NRS 122.060 for issuing a
2-15 marriage license from a legally married couple who intend to renew their
2-16 vows of marriage.
2-17 4. The provisions of this section do not prohibit the performance of a
2-18 marriage ceremony for a legally married couple who intend to renew
2-19 their vows of marriage.
2-20 Sec. 5. NRS 122.030 is hereby amended to read as follows:
2-21 122.030 1. With respect to any marriage solemnized before January
2-22 1, 1971, the original certificate and records of marriage made by the judge,
2-23 justice or minister, as prescribed in this chapter, and the record thereof by
2-24 the recorder of the county, or a copy or abstract of the record certified by
2-25 the recorder, must be received in all courts and places as presumptive
2-26 evidence of the fact of the marriage.
2-27 2. With respect to any marriage solemnized on or after January 1,
2-28 1971, the original certificate and records of marriage made by the judge,
2-29 justice, minister, commissioner of civil marriages , [or] deputy
2-30 commissioner of civil marriages[,] or other person authorized to
2-31 solemnize marriages, as prescribed in this chapter, and the record thereof
2-32 by the recorder of the county, or a copy or abstract of the record certified
2-33 by the recorder, must be received in all courts and places as presumptive
2-34 evidence of the fact of the marriage.
2-35 Sec. 6. NRS 122.050 is hereby amended to read as follows:
2-36 122.050 The marriage license must be substantially in the following
2-37 form:
2-38 Marriage License
2-39 (Expires 1 Year After Issuance)
2-40 State of Nevada}
2-41 }ss.
2-42 County of......... }
2-43 These presents are to authorize any minister or other person authorized
2-44 to solemnize marriages who has obtained a certificate of permission, any
2-45 supreme court justice or district judge within this state, or justice of the
2-46 peace within a township wherein he is permitted to solemnize marriages or
3-1 if authorized pursuant to subsection 3 of NRS 122.080, or a municipal
3-2 judge if authorized pursuant to subsection 4 of NRS 122.080 or any
3-3 commissioner of civil marriages or his deputy within a commissioner
3-4 township wherein they are permitted to solemnize marriages, to join in
3-5 marriage ........ of (City, town or location) ........, State of ........ State of birth
3-6 (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name
3-7 ........ Father’s state of birth (If not in U.S.A., name of country) ........
3-8 Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name
3-9 of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Wife
3-10 deceased ........ Divorced ........ Annulled ........ When ........ Where ........
3-11 And ........ of (City, town or location) ........, State of ........ State of birth (If
3-12 not in U.S.A., name of country) ........; Date of birth ........ Father’s name
3-13 ........ Father’s state of birth (If not in U.S.A., name of country) ........
3-14 Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name
3-15 of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Husband
3-16 deceased ........ Divorced ........ Annulled ........ When ........ Where ........;
3-17 and to certify the marriage according to law.
3-18 Witness my hand and the seal of the county, this ..... day of the month of
3-19 .......... of the year ............
3-20 ...............................
3-21 (Seal) Clerk
3-22 ...............................
3-23 Deputy clerk
3-24 Sec. 7. NRS 122.062 is hereby amended to read as follows:
3-25 122.062 1. Any [licensed or ordained minister in good standing
3-26 within his denomination, whose denomination, governing body and church,
3-27 or any of them, are incorporated or organized or established in this state,]
3-28 minister or other person authorized to solemnize marriages, may join
3-29 together as husband and wife persons who present a marriage license
3-30 obtained from any county clerk of the state, if the minister or other person
3-31 authorized to solemnize marriages first obtains a certificate of permission
3-32 to perform marriages as provided in this section and NRS 122.064 to
3-33 122.073, inclusive. The fact that a minister or other person authorized to
3-34 solemnize marriages is retired does not disqualify him from obtaining a
3-35 certificate of permission to perform marriages . [if, before his retirement,
3-36 he had active charge of a congregation within this state for a period of at
3-37 least 3 years.]
3-38 2. A temporary replacement for a [licensed or ordained] minister or
3-39 other person authorized to solemnize marriages certified pursuant to this
3-40 section and NRS 122.064 to 122.073, inclusive, may solemnize marriages
3-41 pursuant to subsection 1 during such time as he may be authorized to do so
3-42 by the county clerk in the county in which he is a temporary replacement,
3-43 for a period not to exceed 90 days. The minister or other person
3-44 authorized to solemnize marriages whom he temporarily replaces shall
3-45 provide him with a written authorization which states the period during
3-46 which it is effective.
3-47 3. Any chaplain who is assigned to duty in this state by the Armed
3-48 Forces of the United States may solemnize marriages if he obtains a
4-1 certificate of permission to perform marriages from the county clerk of the
4-2 county in which his duty station is located. The county clerk shall issue
4-3 such a certificate to a chaplain upon proof by him of his military status as a
4-4 chaplain and of his assignment.
4-5 4. A county clerk may authorize a [licensed or ordained] minister or
4-6 other person authorized to solemnize marriages whose [congregation]
4-7 church, denomination or religious society is located in another state to
4-8 perform marriages in the county if the [county clerk satisfies himself that
4-9 the minister is in good standing with his denomination or church. The
4-10 authorization must be in writing and] minister or other person authorized
4-11 to solemnize marriages files an application and affidavit that satisfies the
4-12 requirements of NRS 122.064. The application and affidavit required
4-13 pursuant to NRS 122.064 need not be filed with any other public officer.
4-14 A separate authorization is required for each marriage performed. Such a
4-15 minister or other person authorized to solemnize marriages may perform
4-16 not more than five marriages in this state in any calendar year.
4-17 5. A minister or other person authorized to solemnize marriages
4-18 pursuant to subsection 1 may solemnize a marriage in any county in this
4-19 state.
4-20 Sec. 8. NRS 122.064 is hereby amended to read as follows:
4-21 122.064 1. A certificate of permission may be obtained only from the
4-22 county clerk of the county in which the minister or other person
4-23 authorized to solemnize marriages resides, after the filing of a proper
4-24 application. The initial application must:
4-25 (a) Be in writing and be verified by the applicant , [or] his superior[.]
4-26 or another person who is authorized by the church, denomination or
4-27 religious society of the applicant to verify the application.
4-28 (b) Include the date of licensure or ordination[, or both, of the
4-29 minister,] , if applicable, and the name of the church, denomination,
4-30 [governing body and church, or any of them,] or religious society with
4-31 which he is affiliated.
4-32 (c) Include the social security number of the applicant.
4-33 (d) Be accompanied by two copies of the [denominational standing of
4-34 the applicant,] affidavit of authority to solemnize marriages, one of which
4-35 the county clerk shall file with the secretary of state.
4-36 2. [To determine the qualifications of any minister who has filed an
4-37 application for a certificate, the county clerk with whom the application has
4-38 been filed may require:
4-39 (a) The congregation of the minister to furnish any evidence which the
4-40 county clerk considers necessary or helpful.
4-41 (b) The district attorney and the sheriff to conduct an investigation of
4-42 the background and present activities of the minister.
4-43 3. In addition to the requirement of good standing, the county clerk
4-44 shall, before approving an initial application, satisfy himself that:
4-45 (a) The applicant’s ministry is primarily one of service to his
4-46 congregation or denomination, and that his performance of marriages will
4-47 be incidental to that service, or, in the case of a retired minister, that his
4-48 active ministry was of such a nature.
5-1 (b) No certificate previously issued to the applicant has been canceled
5-2 for a knowing violation of the laws of this state or of the United States.
5-3 (c) The applicant has not been convicted of a felony, been released from
5-4 confinement or completed his parole or probation, whichever occurs later,
5-5 within 10 years before the date of the application.
5-6 4. The county clerk may require any applicant to submit information in
5-7 addition to the information required by this section.] A certificate of
5-8 permission is valid for 5 years from the date of issuance or until the
5-9 county clerk revokes the certificate or has received a written statement
5-10 pursuant to NRS 122.068 that the authority of the person to solemnize
5-11 marriages has been revoked by his church, denomination or religious
5-12 society.
5-13 3. The affidavit of authority to solemnize marriages must be in
5-14 substantially the following form:
5-15 Affidavit of Authority to Solemnize Marriages
5-16 State of Nevada }
5-17 }ss.
5-18 County of............. }
5-19 The ................................................... (name of organization) is
5-20 organized and carries on its work in the State of Nevada. Its active
5-21 meetings are located in ................................ (city, town or county). The
5-22 organization hereby finds ................................ (name of person) is in
5-23 good standing and is authorized by the organization to solemnize
5-24 marriages.
5-25 I am duly authorized by ................................................... (name of
5-26 organization) to complete and submit this affidavit.
5-27 ..................................
5-28 Signature of Official
5-29 ..................................
5-30 Name of Official
5-31 (type or print name)
5-32 ..................................
5-33 Title of Official
5-34 Signed and sworn to (or affirmed) before me this ....... day of the month
5-35 of ....... of the year .......
5-36 ..................................
5-37 Notary Public for
5-38 ...................... County, Nevada.
5-39 My appointment expires:
5-40 Sec. 9. NRS 122.065 is hereby amended to read as follows:
5-41 122.065 1. An applicant for the issuance or renewal of a certificate
5-42 of permission shall submit to the county clerk the statement prescribed by
5-43 the welfare division of the department of human resources pursuant to NRS
5-44 425.520. The statement must be completed and signed by the applicant.
6-1 2. The county clerk shall include the statement required pursuant to
6-2 subsection 1 in:
6-3 (a) The application , renewal form or any other forms that must be
6-4 submitted for the issuance or renewal of the certificate of permission; or
6-5 (b) A separate form prescribed by the county clerk.
6-6 3. A certificate of permission may not be issued or renewed by the
6-7 county clerk if the applicant:
6-8 (a) Fails to submit the statement required pursuant to subsection 1; or
6-9 (b) Indicates on the statement submitted pursuant to subsection 1 that he
6-10 is subject to a court order for the support of a child and is not in
6-11 compliance with the order or a plan approved by the district attorney or
6-12 other public agency enforcing the order for the repayment of the amount
6-13 owed pursuant to the order.
6-14 4. If an applicant indicates on the statement submitted pursuant to
6-15 subsection 1 that he is subject to a court order for the support of a child and
6-16 is not in compliance with the order or a plan approved by the district
6-17 attorney or other public agency enforcing the order for the repayment of
6-18 the amount owed pursuant to the order, the county clerk shall advise the
6-19 applicant to contact the district attorney or other public agency enforcing
6-20 the order to determine the actions that the applicant may take to satisfy the
6-21 arrearage.
6-22 Sec. 10. NRS 122.066 is hereby amended to read as follows:
6-23 122.066 1. If the county clerk approves an application[,] for a
6-24 certificate of permission to perform marriages, he shall notify the
6-25 secretary of state of such approval within 10 days thereafter. After receipt
6-26 of such notification, the secretary of state shall immediately certify the
6-27 name of [such] the minister or other person authorized to solemnize
6-28 marriages to each county clerk and county recorder in the state.
6-29 2. [A certificate of permission shall be valid until the county clerk has
6-30 received:
6-31 (a) A written statement that the minister is no longer in good standing
6-32 within his denomination, signed by a trustee, warden, responsible superior
6-33 or other officer of such minister’s congregation authorized to speak for it;
6-34 or
6-35 (b) A written statement that the minister to whom a certificate of
6-36 permission was granted is no longer a minister, signed by a trustee,
6-37 warden, responsible superior or other officer of such former minister’s
6-38 congregation authorized to speak for it.
6-39 3. The written statements required to be sent by a trustee, warden,
6-40 responsible supervisor or other officer of a congregation pursuant to
6-41 subsection 2 shall be sent to the county clerk within 5 days following the
6-42 time the minister ceased to be a member of the denomination in good
6-43 standing or ceased to be a minister of the congregation.
6-44 4.] If the county clerk in the county where the certificate of permission
6-45 was issued has reason to believe that the minister [is no longer in good
6-46 standing within his denomination, or that he is no longer a minister, or that
6-47 such denomination no longer exists, such] or other person authorized to
6-48 solemnize marriages no longer meets the requirements of NRS 122.062,
6-49 the clerk may require satisfactory proof of [such minister’s denominational
7-1 standing.] the person’s authorization by requesting a new affidavit of
7-2 authority to solemnize marriages from the church, denomination or
7-3 religious society of the minister or other person authorized to solemnize
7-4 marriages. If such proof is not presented within [15] 30 days, the county
7-5 clerk shall revoke the certificate of permission and shall so notify the
7-6 secretary of state.
7-7 [5. If any minister to whom a certificate of permission has been issued
7-8 severs ties with his congregation or moves from the county in which his
7-9 certificate was issued, the certificate shall expire immediately upon such
7-10 severance or move, and the trustee, warden, responsible superior or other
7-11 officer of the congregation authorized to speak for it shall, within 5 days
7-12 following the severance or move, give written notice of the fact of such
7-13 severance or move to the county clerk who issued the certificate.]
7-14 Sec. 11. NRS 122.068 is hereby amended to read as follows:
7-15 122.068 1. Any county clerk who has issued a certificate of
7-16 permission to perform marriages to a minister or other person authorized
7-17 to solemnize marriages pursuant to NRS 122.064 to 122.073, inclusive,
7-18 may revoke [such] the certificate for good cause shown after hearing.
7-19 2. A church, denomination or religious society that authorized a
7-20 person to solemnize marriages which revokes that authority shall submit
7-21 a written statement to notify the county clerk of the county where the
7-22 original affidavit of authority to solemnize marriages was filed not later
7-23 than 30 days after the authority is revoked.
7-24 3. If the certificate of permission to perform marriages of any
7-25 minister or other person authorized to solemnize marriages is revoked [,]
7-26 pursuant to this section or has expired, the county clerk shall inform the
7-27 secretary of state of [such] that fact, and the secretary of state shall
7-28 immediately remove the name of [such] the minister or other person
7-29 authorized to solemnize marriages from the list and and shall notify each
7-30 county clerk and county recorder in the state [of such fact.] that the
7-31 certificate of permission has been revoked or has expired.
7-32 Sec. 12. NRS 122.071 is hereby amended to read as follows:
7-33 122.071 Any minister or other person authorized to solemnize
7-34 marriages whose application for a certificate of permission to perform
7-35 marriages or renewal of such a certificate is denied, or whose certificate
7-36 of permission to perform marriages is revoked [,] by the county clerk
7-37 pursuant to subsection 1 of NRS 122.068, is entitled to judicial review of
7-38 such action in the district court of the county in which such action was
7-39 taken.
7-40 Sec. 13. NRS 122.073 is hereby amended to read as follows:
7-41 122.073 [Each]
7-42 1. Except as otherwise provided in subsection 2, each county clerk
7-43 may prescribe additional regulations, which [shall] do not conflict with the
7-44 provisions of this chapter, relating to the issuance , renewal and revocation
7-45 of certificates of permission[.] to perform marriages.
7-46 2. A county clerk shall not prescribe additional regulations which
7-47 affect the eligibility of a person to obtain or renew a certificate of
7-48 permission to perform marriages.
8-1 Sec. 14. NRS 122.090 is hereby amended to read as follows:
8-2 122.090 No marriage solemnized before any person professing to be a
8-3 judge, justice, minister, commissioner of civil marriages , [or] deputy
8-4 commissioner of civil marriages or other person professing to be
8-5 authorized to solemnize marriages shall be deemed or adjudged to be
8-6 void, nor shall the validity thereof be in any way affected on account of
8-7 any want of jurisdiction or authority, provided it be consummated with a
8-8 full belief on the part of the persons so married, or either of them, that they
8-9 have been lawfully joined in marriage.
8-10 Sec. 15. NRS 122.110 is hereby amended to read as follows:
8-11 122.110 1. In the solemnization of marriage, no particular form is
8-12 required except that the parties shall declare, in the presence of the justice,
8-13 judge, minister, justice of the peace, commissioner of civil marriages , [or]
8-14 deputy commissioner of civil marriages[,] or other person authorized to
8-15 solemnize marriages, and the attending witness, that they take each other
8-16 as husband and wife.
8-17 2. In every case there shall be at least one witness present besides the
8-18 person performing the ceremony.
8-19 Sec. 16. NRS 122.120 is hereby amended to read as follows:
8-20 122.120 1. After a marriage is solemnized, the person solemnizing
8-21 the marriage shall give to each couple being married a certificate of
8-22 marriage.
8-23 2. The certificate of marriage must be in substantially the following
8-24 form:
8-25 State of Nevada
8-26 Marriage Certificate
8-27 State of Nevada }
8-28 }ss.
8-29 County of.............. }
8-30 This is to certify that the undersigned, ................................ (a minister ,
8-31 [of the gospel,] judge, justice of the peace of ................................ County,
8-32 commissioner of civil marriages , [or] deputy commissioner of civil
8-33 marriages[,] or other person authorized to solemnize marriages, as the
8-34 case may be), did on the ................ day of the month of .......... of the year
8-35 ..............., at ................ (address or church), ................ (city), Nevada, join
8-36 in lawful wedlock ................ (name), of ................ (city), State of
8-37 ................ and ................ (name), of ................(city), State of ................
8-38 with their mutual consent, in the presence of ................ and ................
8-39 (witnesses).
8-40 ...............................
8-41 Signature of person performing
8-42 (Seal of County Clerk) the marriage
8-43 ...............................
8-44 Name under signature typewritten
8-45 or printed in black ink
8-46
9-1 ..................................
9-2 County Clerk
9-3 ...............................
9-4 Official title of person performing
9-5 the marriage
9-6 ..................................
9-7 ..................................
9-8 Couple’s mailing address
9-9 3. All information contained in the certificate of marriage must be
9-10 typewritten or legibly printed in black ink, except the signatures. The
9-11 signature of the person performing the marriage must be an original
9-12 signature.
9-13 Sec. 17. NRS 122.220 is hereby amended to read as follows:
9-14 122.220 1. It is unlawful for any supreme court justice, judge of a
9-15 district court, justice of the peace, municipal judge, minister , [of any
9-16 religious society or congregation,] commissioner of civil marriages , [or]
9-17 deputy commissioner of civil marriages or other person authorized to
9-18 solemnize marriages to join together as husband and wife persons allowed
9-19 by law to be joined in marriage, until the persons proposing such marriage
9-20 exhibit to him a license from the county clerk as provided by law.
9-21 2. Any supreme court justice, judge of a district court, justice of the
9-22 peace, municipal judge, minister, commissioner of civil marriages , [or]
9-23 deputy commissioner of civil marriages or other person authorized to
9-24 solemnize marriages who violates the provisions of subsection 1 is guilty
9-25 of a misdemeanor.
9-26 Sec. 18. Section 3 of this act is hereby amended to read as follows:
9-27 Sec. 3. 1. A minister or other person authorized to solemnize
9-28 marriages pursuant to NRS 122.064 may renew a certificate of
9-29 permission to perform marriages by filing a completed renewal form
9-30 with the county clerk of the county where the original affidavit of
9-31 authority to solemnize marriages was filed.
9-32 2. The county clerk shall develop by regulation the form for
9-33 renewal and make the form available. [The form for renewal must
9-34 include the social security number of the minister or other person
9-35 authorized to solemnize marriages.]
9-36 3. If a minister or other person authorized to solemnize marriages
9-37 does not file a renewal form at least 30 days before the last day that
9-38 his certificate of permission is valid, the authority of the minister or
9-39 other person authorized to solemnize marriages to perform marriages
9-40 will expire when the certificate is no longer valid.
9-41 Sec. 19. Notwithstanding the provisions of this act, the certificate of
9-42 permission to perform marriages of a minister or other person authorized to
9-43 solemnize marriages which is 5 years or older on October 1, 2001, or
9-44 which will expire within 1 year after January 1, 2002, expires 90 days after
9-45 written notice has been mailed by the county clerk to the address of the
9-46 certificate holder contained in the files of the county clerk unless, within
9-47 that time, the certificate holder renews his certificate in the manner
9-48 provided in section 3 of this act.
10-1 Sec. 20. 1. This section and sections 1 to 17, inclusive, and 19 of
10-2 this act become effective on October 1, 2001.
10-3 2. Section 9 of this act expires by limitation on the date on which the
10-4 provisions of 42 U.S.C. § 666 requiring each state to establish procedures
10-5 under which the state has authority to withhold or suspend, or to restrict the
10-6 use of professional, occupational and recreational licenses of persons who:
10-7 (a) Have failed to comply with a subpoena or warrant relating to a
10-8 proceeding to determine the paternity of a child or to establish or enforce
10-9 an obligation for the support of a child; or
10-10 (b) Are in arrears in the payment for the support of one or more
10-11 children,
10-12 are repealed by the Congress of the United States.
10-13 3. Section 18 of this act becomes effective on the date on which the
10-14 provisions of 42 U.S.C. § 666 requiring each state to establish procedures
10-15 under which the state has authority to withhold or suspend, or to restrict the
10-16 use of professional, occupational and recreational licenses of persons who:
10-17 (a) Have failed to comply with a subpoena or warrant relating to a
10-18 proceeding to determine the paternity of a child or to establish or enforce
10-19 an obligation for the support of a child; or
10-20 (b) Are in arrears in the payment for the support of one or more
10-21 children,
10-22 are repealed by the Congress of the United States.
10-23 H