REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1)
S.B. 211
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SENATE BILL NO. 211–SENATORS D. HARRIS, NGUYEN, FLORES;
DONATE, OHRENSCHALL, PAZINA AND SCHEIBLE
MARCH 2, 2023
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to marriage.
(BDR 11-656)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to marriage; requiring, under certain
circumstances, a county clerk or county recorder to issue
a corrected certificate of marriage to a spouse whose
name has changed; eliminating the authority for an
applicant for a marriage license to change his or her
middle or last name at the time of issuance of a marriage
license; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law provides that if any information in a certificate of marriage is 1
incorrect, the county clerk or the county recorder may charge and collect from a 2
person certain fees for the preparation of an affidavit of correction and the filing of 3
a corrected certificate of marriage. (NRS 122.135) Section 1 of this bill provides 4
that if a marriage was solemnized in this State and a spouse receives a certified 5
copy of a court order changing the name of that spouse, the county clerk or county 6
recorder shall issue a corrected certificate of marriage upon: (1) application by the 7
spouse whose name was changed; (2) receipt of a certified copy of the court order; 8
and (3) receipt of an affidavit of correction and the applicable fees. 9
Existing law provides that at the time of issuance of a marriage license, an 10
applicant or both applicants may elect to change the middle name or last name, or 11
both, by which an applicant wishes to be known after solemnization of the 12
marriage. An applicant for a marriage license may change his or her name pursuant 13
to this provision only at the time of issuance of the license. (NRS 122.040) Section 14
2 of this bill eliminates this authority for such a name change at the time of 15
issuance of a marriage license. Section 3 of this bill makes a conforming change to 16
the format of marriage licenses to account for the elimination of that authority by 17
section 2. 18
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 122 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. If a marriage was solemnized in this State and a spouse 3
receives a certified copy of a court order changing the name of the 4
spouse, the county clerk or county recorder shall issue a corrected 5
certificate of marriage to that spouse that includes the new name 6
of that spouse upon: 7
(a) Application by the spouse whose name was changed; 8
(b) Receipt of a certified copy of the court order; and 9
(c) Receipt of an affidavit of correction and the applicable fees 10
set forth in NRS 122.135 for an affidavit of correction and filing 11
the corrected certificate of marriage. 12
2. The county clerk shall maintain as a public record the 13
original certificate of marriage and the corrected certificate of 14
marriage issued pursuant to this section. 15
Sec. 2. NRS 122.040 is hereby amended to read as follows: 16
122.040 1. Before persons may be joined in marriage, a 17
license must be obtained for that purpose from the county clerk of 18
any county in the State. Except as otherwise provided in this 19
subsection, the license must be issued at the county seat of that 20
county. The board of county commissioners: 21
(a) In a county whose population is 700,000 or more may, at the 22
request of the county clerk, designate not more than five branch 23
offices of the county clerk at which marriage licenses may be 24
issued, if the designated branch offices are located outside of the 25
county seat. 26
(b) In a county whose population is less than 700,000 may, at 27
the request of the county clerk, designate one branch office of the 28
county clerk at which marriage licenses may be issued, if the 29
designated branch office is established in a county office building 30
which is located outside of the county seat. 31
2. Except as otherwise provided in this section, before issuing a 32
marriage license, the county clerk shall require each applicant to 33
provide proof of the applicant’s name and age. The county clerk 34
may accept as proof of the applicant’s name and age an original or 35
certified copy of any of the following: 36
(a) A driver’s license, instruction permit or identification card 37
issued by this State or another state, the District of Columbia or any 38
territory of the United States. 39
(b) A passport. 40
(c) A birth certificate and: 41
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(1) Any secondary document that contains the name and a 1
photograph of the applicant; or 2
(2) Any document for which identification must be verified 3
as a condition to receipt of the document. 4
If the birth certificate is written in a language other than English, 5
the county clerk may request that the birth certificate be translated 6
into English and notarized. 7
(d) A military identification card or military dependent 8
identification card issued by any branch of the Armed Forces of the 9
United States. 10
(e) A Certificate of Citizenship, Certificate of Naturalization, 11
Permanent Resident Card or Temporary Resident Card issued by the 12
United States Citizenship and Immigration Services of the 13
Department of Homeland Security. 14
(f) Any other document that provides the applicant’s name and 15
age. If the applicant clearly appears over the age of 25 years, no 16
documentation of proof of age is required. 17
3. Except as otherwise provided in subsection 4, the county 18
clerk issuing the license shall require each applicant to answer under 19
oath each of the questions contained in the form of license. The 20
county clerk shall, except as otherwise provided in this subsection, 21
require each applicant to include the applicant’s social security 22
number on the affidavit of application for the marriage license. If a 23
person does not have a social security number, the person must state 24
that fact. The county clerk shall not require any evidence to verify a 25
social security number. If any of the information required is 26
unknown to the person, the person must state that the answer is 27
unknown. The county clerk shall not deny a license to an applicant 28
who states that the applicant does not have a social security number 29
or who states that any requested information concerning the 30
applicant’s parents is unknown. 31
4. Upon finding that extraordinary circumstances exist which 32
result in only one applicant being able to appear before the county 33
clerk, the county clerk may waive the requirements of subsection 3 34
with respect to the person who is unable to appear before the county 35
clerk, or may refer the applicant to the district court. If the applicant 36
is referred to the district court, the district court may waive the 37
requirements of subsection 3 with respect to the person who is 38
unable to appear before the county clerk. If the district court waives 39
the requirements of subsection 3, the district court shall notify the 40
county clerk in writing. If the county clerk or the district court 41
waives the requirements of subsection 3, the county clerk shall 42
require the applicant who is able to appear before the county clerk 43
to: 44
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(a) Answer under oath each of the questions contained in the 1
form of license. The applicant shall answer any questions with 2
reference to the other person named in the license. 3
(b) Include the applicant’s social security number and the social 4
security number of the other person named in the license on the 5
affidavit of application for the marriage license. If either person 6
does not have a social security number, the person responding to the 7
question must state that fact. The county clerk shall not require any 8
evidence to verify a social security number. 9
If any of the information required on the application is unknown 10
to the person responding to the question, the person must state that 11
the answer is unknown. The county clerk shall not deny a license to 12
an applicant who states that the applicant does not have a social 13
security number or who states that any requested information 14
concerning the parents of either the person who is responding to the 15
question or the person who is unable to appear is unknown. 16
5. When the authorization of a district court is required because 17
the marriage involves a minor, the county clerk shall issue the 18
license if that authorization is given to the county clerk in writing. 19
6. [At the time of issuance of the license, an applicant or both 20
applicants may elect to change the middle name or last name, or 21
both, by which an applicant wishes to be known after solemnization 22
of the marriage. The first name of each applicant selected for use by 23
the applicant after solemnization of the marriage must be the same 24
as the first name indicated on the proof of the applicant’s name 25
submitted pursuant to subsection 2. An applicant may change his or 26
her name pursuant to this subsection only at the time of issuance of 27
the license. One or both applicants may adopt: 28
(a) As a middle name, one of the following: 29
(1) The current last name of the other applicant. 30
(2) The last name of either applicant given at birth. 31
(3) A hyphenated combination of the current middle name 32
and the current last name of either applicant. 33
(4) A hyphenated combination of the current middle name 34
and the last name given at birth of either applicant. 35
(b) As a last name, one of the following: 36
(1) The current last name of the other applicant. 37
(2) The last name of either applicant given at birth. 38
(3) A hyphenated combination of the potential last names 39
described in paragraphs (a) and (b). 40
7.] All records pertaining to marriage licenses are public 41
records and open to inspection pursuant to the provisions of 42
NRS 239.010. 43
[8.] 7. A marriage license issued on or after July 1, 1987, 44
expires 1 year after its date of issuance. 45
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Sec. 3. NRS 122.050 is hereby amended to read as follows: 1
122.050 The marriage license must contain the name of each 2
applicant as shown in the documents presented pursuant to 3
subsection 2 of NRS 122.040 . [and the name, if any, selected by 4
each applicant for use after the applicants are joined in marriage.] 5
The marriage license must be substantially in the following form: 6
7
MARRIAGE LICENSE 8
(EXPIRES 1 YEAR AFTER ISSUANCE) 9
10
State of Nevada } 11
}ss. 12
County of ......................................................... } 13
14
These presents are to authorize any minister, other church 15
or religious official authorized to solemnize a marriage, 16
notary public or marriage officiant who has obtained a 17
certificate of permission to perform marriages, any Supreme 18
Court justice, judge of the Court of Appeals or district judge 19
within this State, or justice of the peace within a township 20
wherein the justice of the peace is permitted to solemnize 21
marriages or if authorized pursuant to subsection 3 of NRS 22
122.080, or a municipal judge if authorized pursuant to 23
subsection 4 of NRS 122.080, or any commissioner of civil 24
marriages or his or her deputy within a commissioner 25
township wherein they are permitted to solemnize marriages 26
or any mayor if authorized pursuant to subsection 5 of NRS 27
122.080, to join in marriage ........ of (City, town or location) 28
........, State of ........ State of birth (If not in U.S.A., name of 29
country) ........; Date of birth ........ Name of Parent No. 1 ........ 30
State of birth of Parent No. 1 (If not in U.S.A., name of 31
country) ........ Name of Parent No. 2 ........ State of birth of 32
Parent No. 2 (If not in U.S.A., name of country) ........ 33
Number of this marriage (1st, 2nd, etc.) ..... Former Spouse: 34
Deceased ........ Divorced ........ Annulled ........ When ........ 35
Where ........ And ........ of (City, town or location) ........, State 36
of ........ State of birth (If not in U.S.A., name of country) 37
........; Date of birth ........ Name of Parent No. 1 ........ State of 38
birth of Parent No. 1 (If not in U.S.A., name of country) ........ 39
Name of Parent No. 2 ........ State of birth of Parent No. 2 (If 40
not in U.S.A., name of country) ........ Number of this 41
marriage (1st, 2nd, etc.) ........ Former Spouse: Deceased ........ 42
Divorced ........ Annulled ........ When ........ Where ........; and 43
to certify the marriage according to law. [After ........ (name) 44
and ........ (name) are joined in marriage, ........ wishes to use 45
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the name ........ (New name) and ........ wishes to use the name 1
........ (New name) OR The parties have not designated any 2
changes of name at the time of issuance of the marriage 3
license.] 4
Witness my hand and the seal of the county, this ..... day 5
of the month of ………. of the year ............ 6
7
........................................................ 8
(Seal) Clerk 9
10
........................................................ 11
Deputy clerk 12
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