Nevada 2023 Regular Session

Nevada Senate Bill SB211 Compare Versions

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1+REQUIRES TWO-THIRDS MAJORITY VOTE
2+ (§§ 1.3, 1.9)
3+ (Reprinted with amendments adopted on April 24, 2023)
4+ SECOND REPRINT S.B. 211
5+
6+- *SB211 _R2 *
7+
8+SENATE BILL NO. 211–SENATORS D. HARRIS, NGUYEN, FLORES;
9+DONATE, OHRENSCHALL, PAZINA AND SCHEIBLE
10+
11+MARCH 2, 2023
12+____________
13+
14+Referred to Committee on Judiciary
15+
16+SUMMARY—Revises provisions relating to marriage.
17+(BDR 11-656)
18+
19+FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
20+ Effect on the State: No.
21+
22+~
23+
24+EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
125
226
3-- 82nd Session (2023)
4-Senate Bill No. 211–Senators D. Harris, Nguyen, Flores; Donate,
5-Ohrenschall, Pazina and Scheible
6-
7-CHAPTER..........
8-
927 AN ACT relating to marriage; requiring, under certain
10-circumstances, a county clerk to issue an amended certificate
11-of marriage to a party to a marriage whose name has
12-changed; eliminating the authority for an applicant for a
13-marriage license to change his or her middle or last name at
14-the time of issuance of a marriage license; and providing
15-other matters properly relating thereto.
28+circumstances, a county clerk or county recorder to issue
29+an amended certificate of marriage to a party to a
30+marriage whose name has changed; eliminating the
31+authority for an applicant for a marriage license to change
32+his or her middle or last name at the time of issuance of a
33+marriage license; and providing other matters properly
34+relating thereto.
1635 Legislative Counsel’s Digest:
17- Existing law provides that if any information in a certificate of marriage is
18-incorrect, the county clerk or the county recorder may charge and collect from a
19-person certain fees for the preparation of an affidavit of correction and the filing of
20-a corrected certificate of marriage. (NRS 122.135) Section 1.3 of this bill provides
21-that if a marriage was solemnized in this State and a party to the marriage receives
22-a certified copy of a court order from a court of this State or another state, the
23-District of Columbia or any territory of the United States changing the name of the
24-party, the county clerk of the county where the original marriage license was issued
25-shall issue an amended certificate of marriage upon receipt of: (1) a certified copy
26-of the original certificate of marriage; (2) a certified copy of the court order; (3) a
27-notarized affidavit of amendment executed by the parties to the marriage; and (4)
28-the applicable fees. Section 1.6 of this bill sets forth the form for any amended
29-certificate of marriage that is issued pursuant to section 1.3.
30- Existing law authorizes a board of county commissioners of a county whose
31-population is 700,000 or more (currently only Clark County) to adopt an ordinance
32-requiring a certificate of marriage to be filed in the office of the county clerk. (NRS
33-246.100) If a board of county commissioners has adopted such an ordinance,
34-section 1.9 of this bill requires the county clerk to file the amended certificate of
35-marriage in the office of the county clerk within 10 days after its issuance. If a
36-board of county commissioners has not adopted such an ordinance, section 1.9
37-instead requires the party to whom the amended certificate of marriage is issued to
38-file the amended certificate of marriage with the county recorder of the county
39-where the original certificate of marriage was recorded within 10 days after its
40-issuance.
41- Existing law provides that at the time of issuance of a marriage license, an
42-applicant or both applicants may elect to change the middle name or last name, or
43-both, by which an applicant wishes to be known after solemnization of the
44-marriage. An applicant for a marriage license may change his or her name pursuant
45-to this provision only at the time of issuance of the license. (NRS 122.040) Section
46-2 of this bill eliminates this authority for such a name change at the time of
47-issuance of a marriage license. Sections 3 and 4 of this bill make conforming
48-changes to the format of marriage licenses and certificates of marriage to account
49-for the elimination of that authority by section 2.
50-
51-
52-
53-
54-
55-
36+ Existing law provides that if any information in a certificate of marriage is 1
37+incorrect, the county clerk or the county recorder may charge and collect from a 2
38+person certain fees for the preparation of an affidavit of correction and the filing of 3
39+a corrected certificate of marriage. (NRS 122.135) Section 1.3 of this bill provides 4
40+that if a marriage was solemnized in this State and a party to the marriage receives 5
41+a certified copy of a court order from a court of this State or another state, the 6
42+District of Columbia or any territory of the United States changing the name of the 7
43+party, the county clerk shall issue an amended certificate of marriage upon receipt 8
44+of: (1) a certified copy of the original certificate of marriage; (2) a certified copy of 9
45+the court order; (3) a notarized affidavit of amendment executed by the parties to 10
46+the marriage; and (4) the applicable fees. Section 1.6 of this bill sets forth the form 11
47+for any amended certificate of marriage that is issued pursuant to section 1.3. 12
48+ If the amended certificate of marriage is issued by a county recorder or county 13
49+clerk of a county other than the county which issued the marriage license, section 14
50+1.9 of this bill requires the party requesting the amended certificate of marriage to, 15
51+within 10 days after receiving a certified copy of the amended certificate, deliver 16
52+that copy to the county clerk or county recorder, as applicable, of the county where 17
53+the marriage license was issued. Section 1.9 also requires the county clerk or 18
5654 – 2 –
5755
5856
59-- 82nd Session (2023)
60-EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
57+- *SB211 _R2 *
58+county recorder, as applicable, to then record the certified copy of the amended 19
59+certificate of marriage. 20
60+ Existing law provides that at the time of issuance of a marriage license, an 21
61+applicant or both applicants may elect to change the middle name or last name, or 22
62+both, by which an applicant wishes to be known after solemnization of the 23
63+marriage. An applicant for a marriage license may change his or her name pursuant 24
64+to this provision only at the time of issuance of the license. (NRS 122.040) Section 25
65+2 of this bill eliminates this authority for such a name change at the time of 26
66+issuance of a marriage license. Sections 3 and 4 of this bill make conforming 27
67+changes to the format of marriage licenses and certificates of marriage to account 28
68+for the elimination of that authority by section 2. 29
6169
6270
6371 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
6472 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
6573
66- Section 1. Chapter 122 of NRS is hereby amended by adding
67-thereto the provisions set forth as sections 1.3, 1.6 and 1.9 of this
68-act.
69- Sec. 1.3. 1. If a marriage was solemnized in this State and
70-a party to the marriage receives a certified copy of a court order
71-from a court of this State or another state, the District of
72-Columbia or any territory of the United States changing the name
73-of the party, the county clerk of the county where the original
74-marriage license was issued to the party shall issue an amended
75-certificate of marriage to that party that sets forth the new name of
76-the party, upon receipt by the county clerk of:
77- (a) A certified copy of the original certificate of marriage;
78- (b) A certified copy of the court order;
79- (c) A notarized affidavit of amendment prepared by the county
80-clerk and executed by the parties to the marriage; and
81- (d) The fees required pursuant to subsection 2.
82- 2. The county clerk may charge and collect a fee of not more
83-than $25 for the preparation of the affidavit of amendment
84-pursuant to paragraph (c) of subsection 1. The party requesting
85-the amended certificate of marriage must also pay any fee
86-required pursuant to NRS 246.180 or NRS 247.305, as applicable,
87-for the filing or recording of the amended certificate of marriage.
88- 3. Upon compliance with subsection 1, the county clerk shall
89-issue the amended certificate of marriage to the parties to the
90-marriage.
91- 4. The county clerk or county recorder, as applicable, shall
92-maintain as a public record the original certificate of marriage
93-and the amended certificate of marriage issued pursuant to this
94-section.
95- Sec. 1.6. 1. An amended certificate of marriage issued
96-pursuant to section 1.3 of this act must be substantially in the
97-following form:
98-
99-
100-
101-
102-
103-
74+ Section 1. Chapter 122 of NRS is hereby amended by adding 1
75+thereto the provisions set forth as sections 1.3, 1.6 and 1.9 of this 2
76+act. 3
77+ Sec. 1.3. 1. If a marriage was solemnized in this State and 4
78+a party to the marriage receives a certified copy of a court order 5
79+from a court of this State or another state, the District of 6
80+Columbia or any territory of the United States changing the name 7
81+of the party, the county clerk shall issue an amended certificate of 8
82+marriage to that party that sets forth the new name of the party, 9
83+upon receipt by the county clerk of: 10
84+ (a) A certified copy of the original certificate of marriage; 11
85+ (b) A certified copy of the court order; 12
86+ (c) A notarized affidavit of amendment prepared by the county 13
87+clerk and executed by the parties to the marriage; and 14
88+ (d) The fees required pursuant to subsection 2. 15
89+ 2. The county clerk may charge and collect a fee of not more 16
90+than $25 for the preparation of the affidavit of amendment 17
91+pursuant to paragraph (c) of subsection 1. The party requesting 18
92+the amended certificate of marriage must also pay any fee 19
93+required pursuant to NRS 246.180 or NRS 247.305, as applicable, 20
94+for the filing or recording of the amended certificate of marriage. 21
95+ 3. Upon compliance with subsection 1, the county clerk shall 22
96+issue a certified copy of the amended certificate of marriage to the 23
97+parties to the marriage. 24
98+ 4. The county clerk or county recorder, as applicable, shall 25
99+maintain as a public record the original certificate of marriage 26
100+and the amended certificate of marriage issued pursuant to this 27
101+section. 28
102+ Sec. 1.6. 1. An amended certificate of marriage issued 29
103+pursuant to section 1.3 of this act must be substantially in the 30
104+following form: 31
104105 – 3 –
105106
106107
107-- 82nd Session (2023)
108-STATE OF NEVADA
109-AMENDED CERTIFICATE OF MARRIAGE
110-
111-State of Nevada }
112- } ss.
113-County of ............................... }
114-
115- This is to acknowledge that a marriage officiant, did on
116-the........ day of the month of........ of the year........,
117-at................ (address or church),................ (city), Nevada,
118-join in lawful wedlock............... (name), of................ (city),
119-State of................, date of birth.........., and................ (name),
120-of............... (city), State of................, date of birth........, with
121-their mutual consent, in the presence of at least one witness.
122-
123-(Seal of County Clerk)
124-
125- This certificate is issued to reflect an amendment made
126-pursuant to Instrument No............. on file at the Office of
127-the................ County [Clerk or Recorder] and the court
128-order issued in................ County, State of................, Case
129-No...........
130-
131- The original Certificate of Marriage No..........., recorded
132-or filed as Instrument No..........., is on file at the Office of
133-the................ County [Clerk or Recorder].
134-
135- 2. All information contained in the amended certificate of
136-marriage must be typewritten or legibly printed in black ink,
137-except the signatures.
138- Sec. 1.9. 1. If a county clerk issues an amended certificate
139-of marriage pursuant to section 1.3 of this act and the board of
140-county commissioners:
141- (a) Has adopted an ordinance pursuant to NRS 246.100, the
142-county clerk shall, within 10 days after its issuance, file the
143-amended certificate of marriage in the office of the county clerk.
144- (b) Has not adopted an ordinance pursuant to NRS 246.100,
145-the party to whom the amended certificate of marriage is issued
146-shall, within 10 days after receipt, file the amended certificate of
147-marriage with the county recorder where the original certificate of
148-marriage was recorded.
149- 2. For the recording or filing of an amended certificate of
150-marriage pursuant to this section, the county recorder or county
108+- *SB211 _R2 *
109+STATE OF NEVADA 1
110+AMENDED CERTIFICATE OF MARRIAGE 2
111+ 3
112+State of Nevada } 4
113+ } ss. 5
114+County of ............................... } 6
115+ 7
116+ This is to acknowledge that a marriage officiant, did on 8
117+the........ day of the month of........ of the year........, 9
118+at................ (address or church),................ (city), Nevada, 10
119+join in lawful wedlock............... (name), of................ (city), 11
120+State of................, date of birth.........., and................ (name), 12
121+of............... (city), State of................, date of birth........, with 13
122+their mutual consent, in the presence of at least one witness. 14
123+ 15
124+ ..................................................... 16
125+(Seal of County Clerk) Signature of County Clerk 17
126+ 18
127+ This certificate is issued to reflect an amendment made 19
128+pursuant to Instrument No............ on file at the Office of 20
129+the................ County [Clerk or Recorder] and the court 21
130+order issued in................ County, State of................, Case 22
131+No.......... 23
132+ 24
133+ The original Certificate of Marriage No.........., recorded 25
134+or filed as Instrument No.........., is on file at the Office of 26
135+the................ County [Clerk or Recorder]. 27
136+ 28
137+ 2. All information contained in the amended certificate of 29
138+marriage must be typewritten or legibly printed in black ink, 30
139+except the signatures. 31
140+ Sec. 1.9. 1. Each party who is issued an amended 32
141+certificate of marriage pursuant to section 1.3 of this act by a 33
142+county recorder or county clerk of a county other than the county 34
143+where the marriage license was issued shall, within 10 days after 35
144+receiving a certified copy of the amended certificate of marriage, 36
145+deliver to: 37
146+ (a) If the board of county commissioners has adopted an 38
147+ordinance pursuant to NRS 246.100, the county clerk of the 39
148+county where the marriage license was issued a certified copy of 40
149+the amended certificate of marriage required by section 1.3 of this 41
150+act. 42
151+ (b) If the board of county commissioners has not adopted an 43
152+ordinance pursuant to NRS 246.100, the county recorder of the 44
153+county where the marriage license was issued a certified copy of 45
151154 – 4 –
152155
153156
154-- 82nd Session (2023)
155-clerk is entitled to the fees designated in subsection 2 of section 1.3
156-of this act.
157- Sec. 2. NRS 122.040 is hereby amended to read as follows:
158- 122.040 1. Before persons may be joined in marriage, a
159-license must be obtained for that purpose from the county clerk of
160-any county in the State. Except as otherwise provided in this
161-subsection, the license must be issued at the county seat of that
162-county. The board of county commissioners:
163- (a) In a county whose population is 700,000 or more may, at the
164-request of the county clerk, designate not more than five branch
165-offices of the county clerk at which marriage licenses may be
166-issued, if the designated branch offices are located outside of the
167-county seat.
168- (b) In a county whose population is less than 700,000 may, at
169-the request of the county clerk, designate one branch office of the
170-county clerk at which marriage licenses may be issued, if the
171-designated branch office is established in a county office building
172-which is located outside of the county seat.
173- 2. Except as otherwise provided in this section, before issuing a
174-marriage license, the county clerk shall require each applicant to
175-provide proof of the applicant’s name and age. The county clerk
176-may accept as proof of the applicant’s name and age an original or
177-certified copy of any of the following:
178- (a) A driver’s license, instruction permit or identification card
179-issued by this State or another state, the District of Columbia or any
180-territory of the United States.
181- (b) A passport.
182- (c) A birth certificate and:
183- (1) Any secondary document that contains the name and a
184-photograph of the applicant; or
185- (2) Any document for which identification must be verified
186-as a condition to receipt of the document.
187- If the birth certificate is written in a language other than English,
188-the county clerk may request that the birth certificate be translated
189-into English and notarized.
190- (d) A military identification card or military dependent
191-identification card issued by any branch of the Armed Forces of the
192-United States.
193- (e) A Certificate of Citizenship, Certificate of Naturalization,
194-Permanent Resident Card or Temporary Resident Card issued by the
195-United States Citizenship and Immigration Services of the
196-Department of Homeland Security.
157+- *SB211 _R2 *
158+the amended certificate of marriage required by section 1.3 of this 1
159+act. 2
160+ 2. The certified copy of an amended certificate of marriage 3
161+delivered pursuant to this section must be recorded by the county 4
162+recorder or filed by the county clerk. For the recording or filing of 5
163+a certified copy of an amended certificate of marriage pursuant to 6
164+this section, the county recorder or county clerk is entitled to the 7
165+fees designated in subsection 2 of section 1.3 of this act. All such 8
166+fees must be deposited in the county general fund. 9
167+ Sec. 2. NRS 122.040 is hereby amended to read as follows: 10
168+ 122.040 1. Before persons may be joined in marriage, a 11
169+license must be obtained for that purpose from the county clerk of 12
170+any county in the State. Except as otherwise provided in this 13
171+subsection, the license must be issued at the county seat of that 14
172+county. The board of county commissioners: 15
173+ (a) In a county whose population is 700,000 or more may, at the 16
174+request of the county clerk, designate not more than five branch 17
175+offices of the county clerk at which marriage licenses may be 18
176+issued, if the designated branch offices are located outside of the 19
177+county seat. 20
178+ (b) In a county whose population is less than 700,000 may, at 21
179+the request of the county clerk, designate one branch office of the 22
180+county clerk at which marriage licenses may be issued, if the 23
181+designated branch office is established in a county office building 24
182+which is located outside of the county seat. 25
183+ 2. Except as otherwise provided in this section, before issuing a 26
184+marriage license, the county clerk shall require each applicant to 27
185+provide proof of the applicant’s name and age. The county clerk 28
186+may accept as proof of the applicant’s name and age an original or 29
187+certified copy of any of the following: 30
188+ (a) A driver’s license, instruction permit or identification card 31
189+issued by this State or another state, the District of Columbia or any 32
190+territory of the United States. 33
191+ (b) A passport. 34
192+ (c) A birth certificate and: 35
193+ (1) Any secondary document that contains the name and a 36
194+photograph of the applicant; or 37
195+ (2) Any document for which identification must be verified 38
196+as a condition to receipt of the document. 39
197+ If the birth certificate is written in a language other than English, 40
198+the county clerk may request that the birth certificate be translated 41
199+into English and notarized. 42
200+ (d) A military identification card or military dependent 43
201+identification card issued by any branch of the Armed Forces of the 44
202+United States. 45
197203 – 5 –
198204
199205
200-- 82nd Session (2023)
201- (f) Any other document that provides the applicant’s name and
202-age. If the applicant clearly appears over the age of 25 years, no
203-documentation of proof of age is required.
204- 3. Except as otherwise provided in subsection 4, the county
205-clerk issuing the license shall require each applicant to answer under
206-oath each of the questions contained in the form of license. The
207-county clerk shall, except as otherwise provided in this subsection,
208-require each applicant to include the applicant’s social security
209-number on the affidavit of application for the marriage license. If a
210-person does not have a social security number, the person must state
211-that fact. The county clerk shall not require any evidence to verify a
212-social security number. If any of the information required is
213-unknown to the person, the person must state that the answer is
214-unknown. The county clerk shall not deny a license to an applicant
215-who states that the applicant does not have a social security number
216-or who states that any requested information concerning the
217-applicant’s parents is unknown.
218- 4. Upon finding that extraordinary circumstances exist which
219-result in only one applicant being able to appear before the county
220-clerk, the county clerk may waive the requirements of subsection 3
221-with respect to the person who is unable to appear before the county
222-clerk, or may refer the applicant to the district court. If the applicant
223-is referred to the district court, the district court may waive the
224-requirements of subsection 3 with respect to the person who is
225-unable to appear before the county clerk. If the district court waives
226-the requirements of subsection 3, the district court shall notify the
227-county clerk in writing. If the county clerk or the district court
228-waives the requirements of subsection 3, the county clerk shall
229-require the applicant who is able to appear before the county clerk
230-to:
231- (a) Answer under oath each of the questions contained in the
232-form of license. The applicant shall answer any questions with
233-reference to the other person named in the license.
234- (b) Include the applicant’s social security number and the social
235-security number of the other person named in the license on the
236-affidavit of application for the marriage license. If either person
237-does not have a social security number, the person responding to the
238-question must state that fact. The county clerk shall not require any
239-evidence to verify a social security number.
240- If any of the information required on the application is unknown
241-to the person responding to the question, the person must state that
242-the answer is unknown. The county clerk shall not deny a license to
243-an applicant who states that the applicant does not have a social
206+- *SB211 _R2 *
207+ (e) A Certificate of Citizenship, Certificate of Naturalization, 1
208+Permanent Resident Card or Temporary Resident Card issued by the 2
209+United States Citizenship and Immigration Services of the 3
210+Department of Homeland Security. 4
211+ (f) Any other document that provides the applicant’s name and 5
212+age. If the applicant clearly appears over the age of 25 years, no 6
213+documentation of proof of age is required. 7
214+ 3. Except as otherwise provided in subsection 4, the county 8
215+clerk issuing the license shall require each applicant to answer under 9
216+oath each of the questions contained in the form of license. The 10
217+county clerk shall, except as otherwise provided in this subsection, 11
218+require each applicant to include the applicant’s social security 12
219+number on the affidavit of application for the marriage license. If a 13
220+person does not have a social security number, the person must state 14
221+that fact. The county clerk shall not require any evidence to verify a 15
222+social security number. If any of the information required is 16
223+unknown to the person, the person must state that the answer is 17
224+unknown. The county clerk shall not deny a license to an applicant 18
225+who states that the applicant does not have a social security number 19
226+or who states that any requested information concerning the 20
227+applicant’s parents is unknown. 21
228+ 4. Upon finding that extraordinary circumstances exist which 22
229+result in only one applicant being able to appear before the county 23
230+clerk, the county clerk may waive the requirements of subsection 3 24
231+with respect to the person who is unable to appear before the county 25
232+clerk, or may refer the applicant to the district court. If the applicant 26
233+is referred to the district court, the district court may waive the 27
234+requirements of subsection 3 with respect to the person who is 28
235+unable to appear before the county clerk. If the district court waives 29
236+the requirements of subsection 3, the district court shall notify the 30
237+county clerk in writing. If the county clerk or the district court 31
238+waives the requirements of subsection 3, the county clerk shall 32
239+require the applicant who is able to appear before the county clerk 33
240+to: 34
241+ (a) Answer under oath each of the questions contained in the 35
242+form of license. The applicant shall answer any questions with 36
243+reference to the other person named in the license. 37
244+ (b) Include the applicant’s social security number and the social 38
245+security number of the other person named in the license on the 39
246+affidavit of application for the marriage license. If either person 40
247+does not have a social security number, the person responding to the 41
248+question must state that fact. The county clerk shall not require any 42
249+evidence to verify a social security number. 43
250+ If any of the information required on the application is unknown 44
251+to the person responding to the question, the person must state that 45
244252 – 6 –
245253
246254
247-- 82nd Session (2023)
248-security number or who states that any requested information
249-concerning the parents of either the person who is responding to the
250-question or the person who is unable to appear is unknown.
251- 5. When the authorization of a district court is required because
252-the marriage involves a minor, the county clerk shall issue the
253-license if that authorization is given to the county clerk in writing.
254- 6. [At the time of issuance of the license, an applicant or both
255-applicants may elect to change the middle name or last name, or
256-both, by which an applicant wishes to be known after solemnization
257-of the marriage. The first name of each applicant selected for use by
258-the applicant after solemnization of the marriage must be the same
259-as the first name indicated on the proof of the applicant’s name
260-submitted pursuant to subsection 2. An applicant may change his or
261-her name pursuant to this subsection only at the time of issuance of
262-the license. One or both applicants may adopt:
263- (a) As a middle name, one of the following:
264- (1) The current last name of the other applicant.
265- (2) The last name of either applicant given at birth.
266- (3) A hyphenated combination of the current middle name
267-and the current last name of either applicant.
268- (4) A hyphenated combination of the current middle name
269-and the last name given at birth of either applicant.
270- (b) As a last name, one of the following:
271- (1) The current last name of the other applicant.
272- (2) The last name of either applicant given at birth.
273- (3) A hyphenated combination of the potential last names
274-described in paragraphs (a) and (b).
275- 7.] All records pertaining to marriage licenses are public
276-records and open to inspection pursuant to the provisions of
277-NRS 239.010.
278- [8.] 7. A marriage license issued on or after July 1, 1987,
279-expires 1 year after its date of issuance.
280- Sec. 3. NRS 122.050 is hereby amended to read as follows:
281- 122.050 The marriage license must contain the name of each
282-applicant as shown in the documents presented pursuant to
283-subsection 2 of NRS 122.040 . [and the name, if any, selected by
284-each applicant for use after the applicants are joined in marriage.]
285-The marriage license must be substantially in the following form:
255+- *SB211 _R2 *
256+the answer is unknown. The county clerk shall not deny a license to 1
257+an applicant who states that the applicant does not have a social 2
258+security number or who states that any requested information 3
259+concerning the parents of either the person who is responding to the 4
260+question or the person who is unable to appear is unknown. 5
261+ 5. When the authorization of a district court is required because 6
262+the marriage involves a minor, the county clerk shall issue the 7
263+license if that authorization is given to the county clerk in writing. 8
264+ 6. [At the time of issuance of the license, an applicant or both 9
265+applicants may elect to change the middle name or last name, or 10
266+both, by which an applicant wishes to be known after solemnization 11
267+of the marriage. The first name of each applicant selected for use by 12
268+the applicant after solemnization of the marriage must be the same 13
269+as the first name indicated on the proof of the applicant’s name 14
270+submitted pursuant to subsection 2. An applicant may change his or 15
271+her name pursuant to this subsection only at the time of issuance of 16
272+the license. One or both applicants may adopt: 17
273+ (a) As a middle name, one of the following: 18
274+ (1) The current last name of the other applicant. 19
275+ (2) The last name of either applicant given at birth. 20
276+ (3) A hyphenated combination of the current middle name 21
277+and the current last name of either applicant. 22
278+ (4) A hyphenated combination of the current middle name 23
279+and the last name given at birth of either applicant. 24
280+ (b) As a last name, one of the following: 25
281+ (1) The current last name of the other applicant. 26
282+ (2) The last name of either applicant given at birth. 27
283+ (3) A hyphenated combination of the potential last names 28
284+described in paragraphs (a) and (b). 29
285+ 7.] All records pertaining to marriage licenses are public 30
286+records and open to inspection pursuant to the provisions of 31
287+NRS 239.010. 32
288+ [8.] 7. A marriage license issued on or after July 1, 1987, 33
289+expires 1 year after its date of issuance. 34
290+ Sec. 3. NRS 122.050 is hereby amended to read as follows: 35
291+ 122.050 The marriage license must contain the name of each 36
292+applicant as shown in the documents presented pursuant to 37
293+subsection 2 of NRS 122.040 . [and the name, if any, selected by 38
294+each applicant for use after the applicants are joined in marriage.] 39
295+The marriage license must be substantially in the following form: 40
286296
287297
288298
289299
290300
291301 – 7 –
292302
293303
294-- 82nd Session (2023)
295-MARRIAGE LICENSE
296-(EXPIRES 1 YEAR AFTER ISSUANCE)
304+- *SB211 _R2 *
305+MARRIAGE LICENSE 1
306+(EXPIRES 1 YEAR AFTER ISSUANCE) 2
307+ 3
308+State of Nevada } 4
309+ }ss. 5
310+County of ......................................................... } 6
311+ 7
312+ These presents are to authorize any minister, other church 8
313+or religious official authorized to solemnize a marriage, 9
314+notary public or marriage officiant who has obtained a 10
315+certificate of permission to perform marriages, any Supreme 11
316+Court justice, judge of the Court of Appeals or district judge 12
317+within this State, or justice of the peace within a township 13
318+wherein the justice of the peace is permitted to solemnize 14
319+marriages or if authorized pursuant to subsection 3 of NRS 15
320+122.080, or a municipal judge if authorized pursuant to 16
321+subsection 4 of NRS 122.080, or any commissioner of civil 17
322+marriages or his or her deputy within a commissioner 18
323+township wherein they are permitted to solemnize marriages 19
324+or any mayor if authorized pursuant to subsection 5 of NRS 20
325+122.080, to join in marriage ........ of (City, town or location) 21
326+........, State of ........ State of birth (If not in U.S.A., name of 22
327+country) ........; Date of birth ........ Name of Parent No. 1 ........ 23
328+State of birth of Parent No. 1 (If not in U.S.A., name of 24
329+country) ........ Name of Parent No. 2 ........ State of birth of 25
330+Parent No. 2 (If not in U.S.A., name of country) ........ 26
331+Number of this marriage (1st, 2nd, etc.) ..... Former Spouse: 27
332+Deceased ........ Divorced ........ Annulled ........ When ........ 28
333+Where ........ And ........ of (City, town or location) ........, State 29
334+of ........ State of birth (If not in U.S.A., name of country) 30
335+........; Date of birth ........ Name of Parent No. 1 ........ State of 31
336+birth of Parent No. 1 (If not in U.S.A., name of country) ........ 32
337+Name of Parent No. 2 ........ State of birth of Parent No. 2 (If 33
338+not in U.S.A., name of country) ........ Number of this 34
339+marriage (1st, 2nd, etc.) ........ Former Spouse: Deceased ........ 35
340+Divorced ........ Annulled ........ When ........ Where ........; and 36
341+to certify the marriage according to law. [After ........ (name) 37
342+and ........ (name) are joined in marriage, ........ wishes to use 38
343+the name ........ (New name) and ........ wishes to use the name 39
344+........ (New name) OR The parties have not designated any 40
345+changes of name at the time of issuance of the marriage 41
346+license.] 42
297347
298-State of Nevada }
299- }ss.
300-County of ......................................................... }
301-
302- These presents are to authorize any minister, other church
303-or religious official authorized to solemnize a marriage,
304-notary public or marriage officiant who has obtained a
305-certificate of permission to perform marriages, any Supreme
306-Court justice, judge of the Court of Appeals or district judge
307-within this State, or justice of the peace within a township
308-wherein the justice of the peace is permitted to solemnize
309-marriages or if authorized pursuant to subsection 3 of NRS
310-122.080, or a municipal judge if authorized pursuant to
311-subsection 4 of NRS 122.080, or any commissioner of civil
312-marriages or his or her deputy within a commissioner
313-township wherein they are permitted to solemnize marriages
314-or any mayor if authorized pursuant to subsection 5 of NRS
315-122.080, to join in marriage ........ of (City, town or location)
316-........, State of ........ State of birth (If not in U.S.A., name of
317-country) ........; Date of birth ........ Name of Parent No. 1 ........
318-State of birth of Parent No. 1 (If not in U.S.A., name of
319-country) ........ Name of Parent No. 2 ........ State of birth of
320-Parent No. 2 (If not in U.S.A., name of country) ........
321-Number of this marriage (1st, 2nd, etc.) ..... Former Spouse:
322-Deceased ........ Divorced ........ Annulled ........ When ........
323-Where ........ And ........ of (City, town or location) ........, State
324-of ........ State of birth (If not in U.S.A., name of country)
325-........; Date of birth ........ Name of Parent No. 1 ........ State of
326-birth of Parent No. 1 (If not in U.S.A., name of country) ........
327-Name of Parent No. 2 ........ State of birth of Parent No. 2 (If
328-not in U.S.A., name of country) ........ Number of this
329-marriage (1st, 2nd, etc.) ........ Former Spouse: Deceased ........
330-Divorced ........ Annulled ........ When ........ Where ........; and
331-to certify the marriage according to law. [After ........ (name)
332-and ........ (name) are joined in marriage, ........ wishes to use
333-the name ........ (New name) and ........ wishes to use the name
334-........ (New name) OR The parties have not designated any
335-changes of name at the time of issuance of the marriage
336-license.]
337348
338349 – 8 –
339350
340351
341-- 82nd Session (2023)
342- Witness my hand and the seal of the county, this ..... day
343-of the month of ………. of the year ............
344-
345- ........................................................
346-(Seal) Clerk
347-
348- ........................................................
349- Deputy clerk
350- Sec. 4. NRS 122.120 is hereby amended to read as follows:
351- 122.120 1. After a marriage is solemnized, the person
352-solemnizing the marriage shall give to each couple being married an
353-uncertified copy of a certificate of marriage.
354- 2. The certificate of marriage must contain the date of birth of
355-each applicant as contained in the form of marriage license pursuant
356-to NRS 122.050. If two persons, regardless of gender, who are
357-spouses of each other are being rejoined in marriage pursuant to
358-subsection 2 of NRS 122.020, the certificate of marriage must state
359-that the persons were rejoined in marriage and that the certificate is
360-replacing a record of marriage which was lost or destroyed or is
361-otherwise unobtainable. The certificate of marriage must be in
362-substantially the following form:
363-
364-STATE OF NEVADA
365-MARRIAGE CERTIFICATE
366-
367-State of Nevada }
368- }ss.
369-County of ............................... }
370-
371- This is to certify that the undersigned, ................................
372-(a minister or other church or religious official authorized to
373-solemnize a marriage, notary public, judge, justice of the
374-peace of ................................ County, commissioner of civil
375-marriages, deputy commissioner of civil marriages, marriage
376-officiant or mayor, as the case may be), did on the ................
377-day of the month of ................ of the year ...............,
378-at ................ (address or church), ................ (city), Nevada,
379-join or rejoin, as the case may be, in lawful wedlock
380-................ (name), of ................ (city), State of ................,
381-date of birth ................, and ................ (name), of ................
382-(city), State of ................, date of birth ................, with their
383-mutual consent, in the presence of ................ and ................
384-(witnesses). [After ............ (name) and ............ (name) are
352+- *SB211 _R2 *
353+ Witness my hand and the seal of the county, this ..... day 1
354+of the month of ………. of the year ............ 2
355+ 3
356+ ........................................................ 4
357+(Seal) Clerk 5
358+ 6
359+ ........................................................ 7
360+ Deputy clerk 8
361+ Sec. 4. NRS 122.120 is hereby amended to read as follows: 9
362+ 122.120 1. After a marriage is solemnized, the person 10
363+solemnizing the marriage shall give to each couple being married an 11
364+uncertified copy of a certificate of marriage. 12
365+ 2. The certificate of marriage must contain the date of birth of 13
366+each applicant as contained in the form of marriage license pursuant 14
367+to NRS 122.050. If two persons, regardless of gender, who are 15
368+spouses of each other are being rejoined in marriage pursuant to 16
369+subsection 2 of NRS 122.020, the certificate of marriage must state 17
370+that the persons were rejoined in marriage and that the certificate is 18
371+replacing a record of marriage which was lost or destroyed or is 19
372+otherwise unobtainable. The certificate of marriage must be in 20
373+substantially the following form: 21
374+ 22
375+STATE OF NEVADA 23
376+MARRIAGE CERTIFICATE 24
377+ 25
378+State of Nevada } 26
379+ }ss. 27
380+County of ............................... } 28
381+ 29
382+ This is to certify that the undersigned, ................................ 30
383+(a minister or other church or religious official authorized to 31
384+solemnize a marriage, notary public, judge, justice of the 32
385+peace of ................................ County, commissioner of civil 33
386+marriages, deputy commissioner of civil marriages, marriage 34
387+officiant or mayor, as the case may be), did on the ................ 35
388+day of the month of ................ of the year ..............., 36
389+at ................ (address or church), ................ (city), Nevada, 37
390+join or rejoin, as the case may be, in lawful wedlock 38
391+................ (name), of ................ (city), State of ................, 39
392+date of birth ................, and ................ (name), of ................ 40
393+(city), State of ................, date of birth ................, with their 41
394+mutual consent, in the presence of ................ and ................ 42
395+(witnesses). [After ............ (name) and ............ (name) are 43
396+joined or rejoined in marriage, as the case may be, ............ 44
397+(name) wishes to use the name ............ (New name) and 45
385398 – 9 –
386399
387400
388-- 82nd Session (2023)
389-joined or rejoined in marriage, as the case may be, ............
390-(name) wishes to use the name ............ (New name) and
391-............ (name) wishes to use the name ............ (New name)
392-OR The parties have not designated any changes of name at
393-the time of issuance of the marriage license.] (If two persons,
394-regardless of gender, who are the spouses of each other are
395-being rejoined in marriage pursuant to subsection 2 of NRS
396-122.020, this certificate replaces the record of the marriage of
397-the persons who are being rejoined in marriage.)
401+- *SB211 _R2 *
402+............ (name) wishes to use the name ............ (New name) 1
403+OR The parties have not designated any changes of name at 2
404+the time of issuance of the marriage license.] (If two persons, 3
405+regardless of gender, who are the spouses of each other are 4
406+being rejoined in marriage pursuant to subsection 2 of NRS 5
407+122.020, this certificate replaces the record of the marriage of 6
408+the persons who are being rejoined in marriage.) 7
409+ 8
410+ ............................................................... 9
411+ Signature of person performing 10
412+(Seal of County Clerk) the marriage 11
413+ 12
414+ ............................................................... 13
415+ Name under signature typewritten 14
416+ or printed in black ink 15
417+ 16
418+ ............................................... 17
419+ County Clerk 18
420+ 19
421+ ............................................................... 20
422+ Official title of person performing 21
423+ the marriage 22
424+ 23
425+ ............................................... 24
426+ 25
427+ ............................................... 26
428+ Couple’s mailing address 27
429+ 28
430+ 3. All information contained in the certificate of marriage must 29
431+be typewritten or legibly printed in black ink, except the signatures. 30
432+The signature of the person performing the marriage must be an 31
433+original signature. 32
434+ Sec. 5. 1. This section becomes effective upon passage and 33
435+approval. 34
436+ 2. Sections 1 to 4, inclusive, of this act become effective: 35
437+ (a) Upon passage and approval for the purpose of performing 36
438+any preparatory administrative tasks that are necessary to carry out 37
439+the provisions of this act; and 38
440+ (b) On January 1, 2024, for all other purposes. 39
398441
399- ...............................................................
400- Signature of person performing
401-(Seal of County Clerk) the marriage
402-
403- ...............................................................
404- Name under signature typewritten
405- or printed in black ink
406-
407- ...............................................
408- County Clerk
409-
410- ...............................................................
411- Official title of person performing
412- the marriage
413-
414- ...............................................
415-
416- ...............................................
417- Couple’s mailing address
418-
419- 3. All information contained in the certificate of marriage must
420-be typewritten or legibly printed in black ink, except the signatures.
421-The signature of the person performing the marriage must be an
422-original signature.
423- Sec. 5. 1. This section becomes effective upon passage and
424-approval.
425- 2. Sections 1 to 4, inclusive, of this act become effective:
426- (a) Upon passage and approval for the purpose of performing
427-any preparatory administrative tasks that are necessary to carry out
428-the provisions of this act; and
429- (b) On January 1, 2024, for all other purposes.
430-
431-20 ~~~~~ 23
432-
433-
434-
435-
436-
437-
442+H
438443