[Rev. 11/21/2013 9:40:35 AM--2013]

TITLE 11 - DOMESTIC RELATIONS

CHAPTER 122 - MARRIAGE

GENERAL PROVISIONS

NRS 122.001           Definitions.

NRS 122.0015         “Commercial wedding chapel” defined.

NRS 122.002           “Commissioner township” defined.

NRS 122.006           “Other church or religious official authorized to solemnize a marriage” defined.

VALIDITY OF MARRIAGE

NRS 122.010           What constitutes marriage; no common-law marriages after March 29, 1943.

NRS 122.020           Persons capable of marriage; consent of parent or guardian.

NRS 122.025           Marriage of persons less than 16 years of age: Consent of parent or guardian; authorization by court.

NRS 122.030           Documents constituting presumptive evidence of marriage.

AUTHENTICATION OF MARRIAGE

Licenses and Fees

NRS 122.040           Marriage license: Requirements; issuance by county clerk; waiver of certain requirements; public records; expiration.

NRS 122.045           Preparation of affidavit of correction to correct information in marriage license; fees.

NRS 122.050           Form of marriage license. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 122.050           Form of marriage license. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 122.055           Consolidation of forms for marriage; requirements and limitations on information on reverse of form.

NRS 122.060           Fees.

NRS 122.061           Office hours for issuance of marriage licenses.

NRS 122.0615         Issuance of marriage license during certain office hours or during other hours by commercial wedding chapel if authorized; establishment of program to authorize certain commercial wedding chapels to issue marriage licenses; duties of such chapels; records of such chapels are public records; geographic limitation on use of marriage licenses issued by such chapels; penalty.

 

Certificates of Permission to Perform Marriages

NRS 122.062           Licensed, ordained or appointed ministers, other church or religious officials authorized to solemnize a marriage, notaries public and chaplains of Armed Forces to obtain certificates from county clerk; temporary replacements; solemnization by minister or other authorized person who resides in another state or who is retired.

NRS 122.064           Initial application for certificate: Form; required information. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 122.064           Initial application for certificate: Form; required information. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 122.065           Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duty of county clerk. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 122.066           Database of ministers, other church or religious officials authorized to solemnize a marriage or notaries public who have been issued certificate of permission to perform marriages; maintenance of database by Secretary of State; entry of certain information into database by county clerk; approval of application for certificate; validity of certificate; removal of authority to solemnize marriage.

NRS 122.0665         Affidavit of removal of authority to solemnize marriages: Form of affidavit; filing by church or religious organization that authorized official to solemnize marriages.

NRS 122.067           Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 122.068           Revocation of certificates and removal of authority to solemnize marriages; hearing; duties of Secretary of State.

NRS 122.071           Judicial review.

NRS 122.073           Additional regulations by county clerk.

 

Solemnization

NRS 122.080           Solemnization of marriage by Supreme Court justice, district judge, justice of the peace, municipal judge and commissioner and deputy commissioner of civil marriages; unlawful acts. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 122.080           Solemnization of marriage by Supreme Court justice, appellate judge, district judge, justice of the peace, municipal judge and commissioner and deputy commissioner of civil marriages; unlawful acts. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 122.090           Marriage solemnized by unauthorized person: When valid.

NRS 122.100           Marriages solemnized between March 3, 1937, and March 24, 1943, validated.

NRS 122.103           Marriages solemnized by certain ministers before May 20, 1967, validated.

NRS 122.110           No particular form of solemnization required; witness.

NRS 122.120           Certificate of marriage: Form.

NRS 122.130           Certificate of marriage: Recording; loss or destruction before recording; replacement certificate; fees.

NRS 122.135           Preparation of affidavit of correction to correct information in certificate of marriage; fees.

NRS 122.140           Illegitimate children legitimatized.

NRS 122.150           Forms used by Friends or Quakers valid.

NRS 122.160           Marriages between Indians performed by tribal custom on reservation or in colony: Validity; certificate of declaration.

NRS 122.170           Marriages between Indians consummated in accordance with tribal customs valid: Certificate of marriage; contents; recording.

 

Commissioner of Civil Marriages

NRS 122.173           Commissioner of civil marriages: County clerk is ex officio in larger counties; appointment of county clerk in smaller counties; solemnization of marriages; no additional compensation.

NRS 122.175           Deputy commissioners of civil marriages: Appointment; powers and duties; compensation; limitation on number on duty.

NRS 122.177           Area for solemnizing marriages.

NRS 122.179           Clerical personnel, supplies and equipment to be provided by county.

NRS 122.181           Fees for solemnizing marriages: Amounts; disposition.

NRS 122.183           Hours of operation for office.

NRS 122.185           Signs required in office and rooms; contents.

NRS 122.187           Receipt of additional fees prohibited.

NRS 122.189           Prohibited acts.

NRS 122.191           Display and contents of signs indicating location of office.

NRS 122.193           Penalty.

PROHIBITED ACTS AND PENALTIES

NRS 122.200           False statement to procure marriage license.

NRS 122.210           Unauthorized issuance of marriage license by county clerk.

NRS 122.215           Solicitation on county property where marriage licenses are issued to perform marriage.

NRS 122.220           Solemnizing marriage without exhibition of marriage license. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 122.220           Solemnizing marriage without exhibition of marriage license. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 122.230           Failure of person solemnizing marriage to make and deliver certificate to county clerk or county recorder.

NRS 122.240           Failure of county recorder or county clerk to record certificate of marriage.

NRS 122.250           Willful making of false certificate of marriage.

NRS 122.260           Solemnization of marriage by unauthorized person or where legal impediment known.

NRS 122.270           Recovery of forfeitures by civil actions.

_________

GENERAL PROVISIONS

      NRS 122.001  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 122.0015, 122.002 and 122.006 have the meanings ascribed to them in those sections.

      (Added to NRS by 2009, 722; A 2011, 2044; 2013, 341)

      NRS 122.0015  “Commercial wedding chapel” defined.  “Commercial wedding chapel” means a permanently affixed structure which operates a business principally for the performance of weddings and which is licensed for that purpose.

      (Added to NRS by 2011, 2043; A 2013, 341)

      NRS 122.002  “Commissioner township” defined.  “Commissioner township” means a township whose population is 15,500 or more, as most recently certified by the Governor pursuant to NRS 360.285, and which is located in a county whose population is 100,000 or more.

      (Added to NRS by 1969, 765; A 1971, 1552; 1995, 247; 1997, 178; 2009, 723)—(Substituted in revision for NRS 122.171)

      NRS 122.006  “Other church or religious official authorized to solemnize a marriage” defined.  “Other church or religious official authorized to solemnize a marriage” means a person of any church or religious organization, other than a minister, who has been authorized to solemnize a marriage according to the usages of that church or religious organization.

      (Added to NRS by 2009, 722; A 2013, 1186)

VALIDITY OF MARRIAGE

      NRS 122.010  What constitutes marriage; no common-law marriages after March 29, 1943.

      1.  Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential. Consent alone will not constitute marriage; it must be followed by solemnization as authorized and provided by this chapter.

      2.  The provisions of subsection 1 requiring solemnization shall not invalidate any marriage contract in effect prior to March 29, 1943, to which the consent only of the parties capable in law of contracting the contract was essential.

      [1:33:1861; A 1943, 279; 1943 NCL § 4050]

      NRS 122.020  Persons capable of marriage; consent of parent or guardian.

      1.  Except as otherwise provided in this section, a male and a female person, at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage.

      2.  A male and a female person who are the husband and wife of each other may be rejoined in marriage if the record of their marriage has been lost or destroyed or is otherwise unobtainable.

      3.  A person at least 16 years of age but less than 18 years of age may marry only if the person has the consent of:

      (a) Either parent; or

      (b) Such person’s legal guardian.

      [Part 2:33:1861; A 1867, 88; 1891, 15; 1947, 445; 1943 NCL § 4051]—(NRS A 1961, 357; 1973, 1578; 1975, 1817; 1977, 279; 1981, 678; 2009, 1503)

      NRS 122.025  Marriage of persons less than 16 years of age: Consent of parent or guardian; authorization by court.

      1.  A person less than 16 years of age may marry only if the person has the consent of:

      (a) Either parent; or

      (b) Such person’s legal guardian,

Ę and such person also obtains authorization from a district court as provided in subsection 2.

      2.  In extraordinary circumstances, a district court may authorize the marriage of a person less than 16 years of age if the court finds that:

      (a) The marriage will serve the best interests of such person; and

      (b) Such person has the consent required by paragraph (a) or (b) of subsection 1.

Ę Pregnancy alone does not establish that the best interests of such person will be served by marriage, nor may pregnancy be required by a court as a condition necessary for its authorization for the marriage of such person.

      (Added to NRS by 1957, 316; A 1975, 1817; 1977, 279)

      NRS 122.030  Documents constituting presumptive evidence of marriage.

      1.  With respect to any marriage solemnized before January 1, 1971, the original certificate and records of marriage made by the judge, justice or minister, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy or abstract of the record certified by the recorder, must be received in all courts and places as presumptive evidence of the fact of the marriage.

      2.  With respect to any marriage solemnized on or after January 1, 1971, the original certificate and records of marriage made by the judge, justice, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages, as prescribed in this chapter, and the record thereof by the county recorder or the county clerk, as the case may be, or a copy or abstract of the record certified by the county recorder or the county clerk, as the case may be, must be received in all courts and places as presumptive evidence of the fact of the marriage.

      [14:33:1861; B § 207; BH § 483; C § 494; RL § 2350; NCL § 4062]—(NRS A 1969, 763; 1991, 69; 2007, 887; 2009, 723; 2013, 1186)

AUTHENTICATION OF MARRIAGE

Licenses and Fees

      NRS 122.040  Marriage license: Requirements; issuance by county clerk; waiver of certain requirements; public records; expiration.

      1.  Except as otherwise provided in NRS 122.0615, before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the State. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners:

      (a) In a county whose population is 700,000 or more may, at the request of the county clerk, designate not more than five branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat.

      (b) In a county whose population is less than 700,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.

      2.  Except as otherwise provided in this section, before issuing a marriage license, the county clerk shall require each applicant to provide proof of the applicant’s name and age. The county clerk may accept as proof of the applicant’s name and age an original or certified copy of any of the following:

      (a) A driver’s license, instruction permit or identification card issued by this State or another state, the District of Columbia or any territory of the United States.

      (b) A passport.

      (c) A birth certificate and:

             (1) Any secondary document that contains the name and a photograph of the applicant; or

             (2) Any document for which identification must be verified as a condition to receipt of the document.

Ę If the birth certificate is written in a language other than English, the county clerk may request that the birth certificate be translated into English and notarized.

      (d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.

      (e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

      (f) Any other document that provides the applicant’s name and age. If the applicant clearly appears over the age of 25 years, no documentation of proof of age is required.

      3.  Except as otherwise provided in subsection 4, the county clerk issuing the license shall require each applicant to answer under oath each of the questions contained in the form of license. The county clerk shall, except as otherwise provided in this subsection, require each applicant to include the applicant’s social security number on the affidavit of application for the marriage license. If a person does not have a social security number, the person must state that fact. The county clerk shall not require any evidence to verify a social security number. If any of the information required is unknown to the person, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the applicant’s parents is unknown.

      4.  Upon finding that extraordinary circumstances exist which result in only one applicant being able to appear before the county clerk, the county clerk may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk, or may refer the applicant to the district court. If the applicant is referred to the district court, the district court may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk. If the district court waives the requirements of subsection 3, the district court shall notify the county clerk in writing. If the county clerk or the district court waives the requirements of subsection 3, the county clerk shall require the applicant who is able to appear before the county clerk to:

      (a) Answer under oath each of the questions contained in the form of license. The applicant shall answer any questions with reference to the other person named in the license.

      (b) Include the applicant’s social security number and the social security number of the other person named in the license on the affidavit of application for the marriage license. If either person does not have a social security number, the person responding to the question must state that fact. The county clerk shall not require any evidence to verify a social security number.

Ę If any of the information required on the application is unknown to the person responding to the question, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.

      5.  If any of the persons intending to marry are under age and have not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:

      (a) Personally given before the clerk;

      (b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that the witness saw the parent or guardian subscribe his or her name to the annexed certificate, or heard him or her acknowledge it; or

      (c) In writing, subscribed to and acknowledged before a person authorized by law to administer oaths. A facsimile of the acknowledged writing must be accepted if the original is not available.

      6.  If a parent giving consent to the marriage of a minor pursuant to subsection 5 has a last name different from that of the minor seeking to be married, the county clerk shall accept, as proof that the parent is the legal parent of the minor, a certified copy of the birth certificate of the minor which shows the parent’s first and middle name and which matches the first and middle name of the parent on any document listed in subsection 2.

      7.  If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to the county clerk in writing.

      8.  All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.

      9.  A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

      [Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947, 41; 1949, 91; 1943 NCL § 4053]—(NRS A 1959, 484; 1961, 332; 1975, 144, 435; 1977, 280; 1979, 486; 1981, 678; 1985, 1211; 1987, 1419; 1991, 1866; 1993, 28, 1230; 1997, 2287, 3323; 1999, 547; 2007, 1053; 2009, 1503; 2011, 1146, 2044; 2013, 341, 3665)

      NRS 122.045  Preparation of affidavit of correction to correct information in marriage license; fees.

      1.  Except as otherwise provided in subsection 2, if any information in a marriage license is incorrect, the county clerk may charge and collect from a person a fee of not more than $25 for the preparation of an affidavit of correction.

      2.  The county clerk may not charge and collect from a person any fee for the preparation of an affidavit of correction pursuant to subsection 1 if the only errors to be corrected in the marriage license are clerical errors that were made by the county clerk.

      3.  All fees collected by the county clerk pursuant to this section must be deposited in the county general fund.

      (Added to NRS by 1999, 1322)

      NRS 122.050  Form of marriage license. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 and must be substantially in the following form:

 

Marriage License

(Expires 1 Year After Issuance)

 

State of Nevada                                      }

                                                                   }ss.

County of................................................ }

 

       These presents are to authorize any minister, other church or religious official authorized to solemnize a marriage or notary public who has obtained a certificate of permission to perform marriages, any Supreme Court justice or district judge within this State, or justice of the peace within a township wherein the justice of the peace is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his or her deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Husband deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law.

       Witness my hand and the seal of the county, this ..... day of the month of ………. of the year ............

 

                                                                                                                                          

(Seal)                                                                                        Clerk

 

                                                                                                                                          

                                                                                           Deputy clerk

 

      [Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947, 41; 1949, 91; 1943 NCL § 4053]—(NRS A 1967, 1291; 1969, 763; 1975, 436; 1981, 679; 1985, 243; 1987, 1420; 1993, 1461; 2001, 31; 2007, 1055; 2009, 723; 2013, 1186)

      NRS 122.050  Form of marriage license. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 and must be substantially in the following form:

 

Marriage License

(Expires 1 Year After Issuance)

 

State of Nevada                                      }

                                                                   }ss.

County of................................................ }

 

       These presents are to authorize any minister, other church or religious official authorized to solemnize a marriage or notary public who has obtained a certificate of permission to perform marriages, any Supreme Court justice, judge of the Court of Appeals or district judge within this State, or justice of the peace within a township wherein the justice of the peace is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his or her deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Husband deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law.

       Witness my hand and the seal of the county, this ..... day of the month of ………. of the year ............

 

                                                                                                                                          

(Seal)                                                                                        Clerk

 

                                                                                                                                          

                                                                                           Deputy clerk

 

      [Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947, 41; 1949, 91; 1943 NCL § 4053]—(NRS A 1967, 1291; 1969, 763; 1975, 436; 1981, 679; 1985, 243; 1987, 1420; 1993, 1461; 2001, 31; 2007, 1055; 2009, 723; 2013, 1186, 1746, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 122.055  Consolidation of forms for marriage; requirements and limitations on information on reverse of form.

      1.  The county clerk may place the affidavit of application for a marriage license, the certificate of marriage and the marriage license on a single form.

      2.  The county clerk shall have printed or stamped on the reverse of the form:

      (a) Instructions for obtaining a certified copy or certified abstract of the certificate of marriage.

      (b) Language in black ink and at least 16-point bold type in a font that is easy to read and that is in substantially the following form:

 

       This is your certificate. This is not a certified copy. For name changes and other legal matters, you will need to obtain a certified copy.

 

      3.  Nothing may be printed, stamped or written on the reverse of the form other than the instructions and language described in subsection 2 and a time stamp used by the county clerk to signify that the form has been filed.

      (Added to NRS by 1987, 1419; A 1991, 69; 2007, 887; 2011, 1854)

      NRS 122.060  Fees.

      1.  The county clerk is entitled to receive as his or her fee for issuing a marriage license the sum of $21.

      2.  The county clerk shall also at the time of issuing the marriage license:

      (a) Collect the sum of $10 and:

             (1) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, deposit the sum into the county general fund pursuant to NRS 246.180 for filing the originally signed certificate of marriage described in NRS 122.120.

             (2) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, pay it over to the county recorder as his or her fee for recording the originally signed certificate of marriage described in NRS 122.120.

      (b) Collect the additional fee described in subsection 2 of NRS 246.180, if the board of county commissioners has adopted an ordinance authorizing the collection of such fee, and deposit the fee pursuant to NRS 246.190.

      3.  The county clerk shall also at the time of issuing the marriage license collect the additional sum of $4 for the State of Nevada. The fees collected for the State must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of the State General Fund. The county treasurer shall remit quarterly all such fees deposited by the county clerk to the State Controller for credit to the State General Fund.

      4.  The county clerk shall also at the time of issuing the marriage license collect the additional sum of $25 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the county clerk to the State Controller for credit to that Account.

      [Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947, 41; 1949, 91; 1943 NCL § 4053]—(NRS A 1957, 347; 1959, 740; 1960, 72; 1967, 1110; 1975, 437; 1979, 636; 1981, 382; 1983, 912; 1987, 26, 1421; 1991, 1678, 1679; 2001, 2918, 3216; 2003, 227; 2007, 887; 2009, 263; 2013, 3667)

      NRS 122.061  Office hours for issuance of marriage licenses.

      1.  In any county whose population is 100,000 or more, except as otherwise provided in subsection 3, the main office of the county clerk where marriage licenses may be issued must be open to the public for the purpose of issuing such licenses from 8 a.m. to 12 a.m. every day including holidays, and may remain open at other times. The board of county commissioners shall determine the hours during which a branch office of the county clerk where marriage licenses may be issued must remain open to the public.

      2.  In all other counties, the board of county commissioners shall determine the hours during which the offices where marriage licenses may be issued must remain open to the public.

      3.  Any office where marriage licenses may be issued may deviate from the hours of operation required pursuant to this section if the board of county commissioners approves the plan for the deviation submitted by the office. Such a plan must be fiscally neutral or result in cost savings.

      (Added to NRS by 1979, 487; A 1979, 1333; 1993, 29; 2009, 1506; 2010, 26th Special Session, 50; 2011, 2046)

      NRS 122.0615  Issuance of marriage license during certain office hours or during other hours by commercial wedding chapel if authorized; establishment of program to authorize certain commercial wedding chapels to issue marriage licenses; duties of such chapels; records of such chapels are public records; geographic limitation on use of marriage licenses issued by such chapels; penalty.

      1.  In each county whose population is 100,000 or more but less than 700,000, in which a commercial wedding chapel has been in business for 5 years or more, the board of county commissioners shall:

      (a) Ensure that an office where marriage licenses may be issued is open to the public for the purpose of issuing such licenses from 8 a.m. to 12 a.m. every day, including holidays; or

      (b) Provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued pursuant to paragraph (a) is not open to the public.

      2.  In each county whose population is less than 100,000, in which a commercial wedding chapel has been in business in the county for 5 years or more, the board of county commissioners may provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued is not open to the public.

      3.  Except as otherwise provided in subsection 4, a program established pursuant to subsection 1 or 2 must authorize each commercial wedding chapel that has been in business in the county for 5 years or more to begin issuing marriage licenses upon filing with the county clerk a completed registration form prescribed by the board of county commissioners, along with a performance bond in the amount of $50,000. The performance bond must be conditioned upon the faithful performance of all statutory duties related to the issuance of marriage licenses and compliance with the provisions of chapter 603A of NRS that ensure the security of personal information submitted by applicants for a marriage license.

      4.  A commercial wedding chapel shall refer any application for a marriage license that includes the signature of a guardian for a minor applicant to the county clerk for review and issuance of the marriage license pursuant to NRS 122.040.

      5.  The county clerk of the county in which a commercial wedding chapel that issues marriage licenses pursuant to this section is located shall provide to the commercial wedding chapel, without charge, any materials necessary for the commercial wedding chapel to issue marriage licenses. The number of marriage licenses that the commercial wedding chapel may issue must not be limited.

      6.  A commercial wedding chapel that issues marriage licenses pursuant to this section shall comply with all statutory provisions governing the issuance of marriage licenses in the same manner as the county clerk is required to comply, and shall:

      (a) File the original application for a marriage license with the county clerk on the first available business day after completion of the application;

      (b) Collect from an applicant for a marriage license all fees required by law to be collected; and

      (c) Remit all fees collected to the county clerk, in the manner required by the standard of practice adopted by the county clerk.

      7.  The records of a commercial wedding chapel that issues marriage licenses pursuant to this section which pertain to the issuance of a marriage license are public records and must be made available for public inspection at reasonable times. Such a commercial wedding chapel shall comply with the provisions of chapter 603A of NRS in the same manner as all other data collectors to ensure the security of all personal information submitted by applicants for a marriage license.

      8.  The persons to whom a commercial wedding chapel issues a marriage license may not be joined in marriage in any county other than the county in which the marriage license is issued.

      9.  A commercial wedding chapel that violates any provision of this section is guilty of a misdemeanor.

      (Added to NRS by 2011, 2043; A 2013, 341)

Certificates of Permission to Perform Marriages

      NRS 122.062  Licensed, ordained or appointed ministers, other church or religious officials authorized to solemnize a marriage, notaries public and chaplains of Armed Forces to obtain certificates from county clerk; temporary replacements; solemnization by minister or other authorized person who resides in another state or who is retired.

      1.  Any licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage in good standing within his or her church or religious organization, or either of them, incorporated, organized or established in this State, or a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State, may join together as husband and wife persons who present a marriage license obtained from any county clerk of the State, if the minister, other church or religious official authorized to solemnize a marriage or notary public first obtains a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive. The fact that a minister or other church or religious official authorized to solemnize a marriage is retired does not disqualify him or her from obtaining a certificate of permission to perform marriages if, before retirement, the minister or other church or religious official authorized to solemnize a marriage had active charge of a church or religious organization for a period of at least 3 years.

      2.  A temporary replacement for a licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage certified pursuant to NRS 122.062 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 for a period not to exceed 90 days, if the requirements of this subsection are satisfied. The minister or other church or religious official authorized to solemnize a marriage whom he or she temporarily replaces shall provide him or her with a written authorization which states the period during which it is effective, and the temporary replacement shall obtain from the county clerk in the county in which he or she is a temporary replacement a written authorization to solemnize marriage and submit to the county clerk an application fee of $25.

      3.  Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if the chaplain obtains a certificate of permission to perform marriages from the county clerk of the county in which his or her duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof of his or her military status as a chaplain and of his or her assignment.

      4.  A licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage, active or retired, or a notary public may submit to the county clerk in the county in which a marriage is to be performed an application to perform a specific marriage in the county. The application must:

      (a) Include the full names and addresses of the persons to be married;

      (b) Include the date and location of the marriage ceremony;

      (c) Include the information and documents required pursuant to subsection 1 of NRS 122.064; and

      (d) Be accompanied by an application fee of $25.

      5.  A county clerk may grant authorization to perform a specific marriage to a person who submitted an application pursuant to subsection 4 if the county clerk is satisfied that the minister or other church or religious official authorized to solemnize a marriage, whether he or she is active or retired, is in good standing with his or her church or religious organization or, in the case of a notary public, if the notary public is in good standing with the Secretary of State. The authorization must be in writing and need not be filed with any other public officer. A separate authorization is required for each marriage performed. A person may not obtain more than five authorizations to perform a specific marriage pursuant to this section in any calendar year and must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of this chapter governing the conduct of ministers, other church or religious officials authorized to solemnize a marriage or notaries public to the same extent as if he or she had obtained a certificate of permission to perform marriages.

      (Added to NRS by 1967, 1289; A 1969, 37; 1993, 1462; 1997, 2040; 1999, 520, 541; 2009, 724; 2013, 1187)

      NRS 122.064  Initial application for certificate: Form; required information. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  A certificate of permission to perform marriages may be obtained only from the county clerk of the county in which the minister, other church or religious official authorized to solemnize a marriage or notary public resides, after the filing of a proper application. The initial application must:

      (a) Be in writing and be verified by the applicant.

      (b) If the applicant is a minister or other church or religious official authorized to solemnize a marriage:

             (1) Include the date of licensure, ordination or appointment of the minister or other church or religious official authorized to solemnize a marriage, and the name of the church or religious organization with which he or she is affiliated; and

             (2) Be accompanied by one copy of the affidavit of authority to solemnize marriages described in subsection 5.

      (c) If the applicant is a notary public:

             (1) Include the date of the appointment of the notary public by the Secretary of State; and

             (2) Be accompanied by a verification issued by the Secretary of State within the 3 months immediately preceding the date of the application which states that the applicant has been appointed as a notary public by the Secretary of State pursuant to chapter 240 of NRS and is in good standing with the Secretary of State. The county clerk must refuse to issue a certificate of permission if the appointment of the notary public is suspended or revoked and may refuse to issue a certificate of permission if the notary public has committed any violations of chapter 240 of NRS.

      (d) Include the social security number of the applicant.

      (e) Be accompanied by an application fee of $25.

      2.  To determine the qualifications of any minister, other church or religious official authorized to solemnize a marriage or notary public who has filed an application for a certificate of permission, the county clerk with whom the application has been filed may require:

      (a) The church or religious organization of the minister or other church or religious official authorized to solemnize a marriage to furnish any evidence which the county clerk considers necessary or helpful.

      (b) An investigation of the background and present activities of the minister or other person authorized to solemnize a marriage. The cost of an investigation conducted pursuant to this paragraph must be charged to the applicant.

      3.  In addition to the requirement of good standing, the county clerk shall, before approving an initial application, satisfy himself or herself that:

      (a) If the applicant is a minister or other church or religious official authorized to solemnize a marriage, the applicant’s ministry is one of service to his or her church or religious organization or, in the case of a retired minister or other church or religious official authorized to solemnize a marriage, that his or her active ministry was of such a nature.

      (b) No certificate previously issued to the applicant has been cancelled for a knowing violation of the laws of this State or of the United States.

      (c) The applicant has not been convicted of a felony, released from confinement or completed his or her parole or probation, whichever occurs later, within 10 years before the date of the application.

      4.  The county clerk may require any applicant to submit information in addition to that required by this section.

      5.  The affidavit of authority to solemnize marriages required by subparagraph (2) of paragraph (b) of subsection 1 must be in substantially the following form:

 

AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES AND RELIGIOUS ORGANIZATIONS

 

State of Nevada      }

                                   }ss.

County of ............... }

 

       The.................................................. (name of church or religious organization) is organized and carries on its work in the State of Nevada. Its active meetings are located at.................................................. (street address, city or town). The.................................................. (name of church or religious organization) hereby finds that.................................................. (name of minister or other person authorized to solemnize marriages) is in good standing and is authorized by the.................................................. (name of church or religious organization) to solemnize a marriage.

       I am duly authorized by.................................................. (name of church or religious organization) to complete and submit this affidavit.

 

                                          

Signature of Official

 

                                          

Name of Official

(type or print name)

 

                                          

Title of Official

 

                                          

Address

 

                                          

City, State and Zip Code

 

                                          

Telephone Number

 

       Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........

 

                                          

Notary Public for

.............................. County, Nevada.

 

My appointment expires..............................

 

      6.  Not later than 30 days after issuing a certificate of permission to perform marriages to a notary public, the county clerk must submit to the Secretary of State the name of the notary public to whom the certificate has been issued.

      7.  If a licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage who holds a certificate of permission to perform marriages changes his or her mailing address, the minister or other church or religious official authorized to solemnize a marriage must notify the county clerk who issued the certificate of his or her new mailing address not later than 30 days after the change. If a notary public who holds a certificate of permission to perform marriages changes his or her mailing address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment pursuant to NRS 240.036.

      (Added to NRS by 1967, 1290; A 1969, 91; 1977, 457; 1997, 2041; 2009, 725; 2013, 1188)

      NRS 122.064  Initial application for certificate: Form; required information. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  A certificate of permission to perform marriages may be obtained only from the county clerk of the county in which the minister, other church or religious official authorized to solemnize a marriage or notary public resides, after the filing of a proper application. The initial application shall:

      (a) Be in writing and verified by the applicant.

      (b) If the applicant is a minister or other church or religious official authorized to solemnize a marriage:

             (1) Show the date of licensure, ordination or appointment of the minister or other church or religious official authorized to solemnize a marriage, and the name of the church or religious organization with which he or she is affiliated; and

             (2) Be accompanied by one copy of the affidavit to solemnize marriages described in subsection 5.

      (c) If the applicant is a notary public:

             (1) Include the date of the appointment of the notary public by the Secretary of State; and

             (2) Be accompanied by a verification issued by the Secretary of State within the 3 months immediately preceding the date of the application which states that the applicant has been appointed as a notary public by the Secretary of State pursuant to chapter 240 of NRS and is in good standing with the Secretary of State. The county clerk must refuse to issue a certificate of permission if the appointment of the notary public is suspended or revoked and may refuse to issue a certificate of permission if the notary public has committed any violations of chapter 240 of NRS.

      (d) Be accompanied by an application fee of $25.

      2.  To determine the qualifications of any minister, other church or religious official authorized to solemnize a marriage or notary public who has filed an application for a certificate of permission, the county clerk with whom such application has been filed may require:

      (a) The church or religious organization of the minister or other church or religious official authorized to solemnize a marriage to furnish any evidence which the county clerk considers necessary or helpful.

      (b) An investigation of the background and present activities of the minister or other person authorized to solemnize a marriage. The cost of an investigation conducted pursuant to this paragraph must be charged to the applicant.

      3.  In addition to the requirement of good standing, the county clerk shall, before approving an initial application, satisfy himself or herself that:

      (a) If the applicant is a minister or other church or religious official authorized to solemnize a marriage, the applicant’s ministry is one of service to his or her church or religious organization or, in the case of a retired minister or other church or religious official authorized to solemnize a marriage, that his or her active ministry was of such a nature.

      (b) No certificate previously issued to the applicant has been cancelled for a knowing violation of the laws of this State or of the United States.

      (c) The applicant has not been convicted of a felony, released from confinement or completed his or her parole or probation, whichever occurs later, within 10 years before the date of the application.

      4.  The county clerk may require any applicant to submit information in addition to that required by this section.

      5.  The affidavit of authority to solemnize marriages required by subparagraph (2) of paragraph (b) of subsection 1 must be in substantially the following form:

 

AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES AND RELIGIOUS ORGANIZATIONS

 

State of Nevada      }

                                   }ss.

County of ............... }

 

       The.................................................. (name of church or religious organization) is organized and carries on its work in the State of Nevada. Its active meetings are located at.................................................. (street address, city or town). The.................................................. (name of church or religious organization) hereby finds that.................................................. (name of minister or other person authorized to solemnize marriages) is in good standing and is authorized by the.................................................. (name of church or religious organization) to solemnize a marriage.

       I am duly authorized by.................................................. (name of church or religious organization) to complete and submit this affidavit.

 

                                          

Signature of Official

 

                                          

Name of Official

(type or print name)

 

                                          

Title of Official

 

                                          

Address

 

                                          

City, State and Zip Code

 

                                          

Telephone Number

 

       Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........

 

                                          

Notary Public for

.............................. County, Nevada.

 

My appointment expires..............................

 

      6.  Not later than 30 days after issuing a certificate of permission to perform marriages to a notary public, the county clerk must submit to the Secretary of State the name of the notary public to whom the certificate has been issued.

      7.  If a licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage who holds a certificate of permission to perform marriages changes his or her mailing address, the minister or other church or religious official authorized to solemnize a marriage must notify the county clerk who issued the certificate of his or her new mailing address not later than 30 days after the change. If a notary public who holds a certificate of permission to perform marriages changes his or her mailing address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment pursuant to NRS 240.036.

      (Added to NRS by 1967, 1290; A 1969, 91; 1977, 457; 1997, 2041; 2009, 725, 727; 2013, 1188, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 122.065  Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duty of county clerk. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for the issuance of a certificate of permission shall submit to the county clerk the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The county clerk shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance of the certificate of permission; or

      (b) A separate form prescribed by the county clerk.

      3.  A certificate of permission may not be issued by the county clerk if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the county clerk shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2039)

      NRS 122.066  Database of ministers, other church or religious officials authorized to solemnize a marriage or notaries public who have been issued certificate of permission to perform marriages; maintenance of database by Secretary of State; entry of certain information into database by county clerk; approval of application for certificate; validity of certificate; removal of authority to solemnize marriage.

      1.  The Secretary of State shall establish and maintain a statewide database of ministers, other church or religious officials authorized to solemnize a marriage or notaries public who have been issued a certificate of permission to perform marriages. The database must:

      (a) Serve as the official list of ministers, other church or religious officials authorized to solemnize a marriage or notaries public approved to perform marriages in this State;

      (b) Provide for a single method of storing and managing the official list;

      (c) Be a uniform, centralized and interactive database;

      (d) Be electronically secure and accessible to each county clerk in this State;

      (e) Contain the name, mailing address and other pertinent information of each minister, other church or religious official authorized to solemnize a marriage or notary public as prescribed by the Secretary of State; and

      (f) Include a unique identifier assigned by the Secretary of State to each minister, other church or religious official authorized to solemnize a marriage or notary public.

      2.  If the county clerk approves an application for a certificate of permission to perform marriages, the county clerk shall:

      (a) Enter all information contained in the application into the electronic statewide database of ministers, other church or religious officials authorized to solemnize a marriage or notaries public maintained by the Secretary of State not later than 10 days after the certificate of permission to perform marriages is approved by the county clerk; and

      (b) Provide to the Secretary of State all information related to the minister, other church or religious official authorized to solemnize a marriage or notary public pursuant to paragraph (e) of subsection 1.

      3.  Upon approval of an application pursuant to subsection 2, the minister, other church or religious official authorized to solemnize a marriage or notary public:

      (a) Shall comply with the laws of this State governing the solemnization of marriage and conduct of ministers, other church or religious officials authorized to solemnize a marriage or notaries public;

      (b) Is subject to further review or investigation by the county clerk to ensure that he or she continues to meet the statutory requirements for a person authorized to solemnize a marriage; and

      (c) Shall provide the county clerk with any changes to his or her status or information, including, without limitation, the address or telephone number of the church or religious organization, if applicable, or any other information pertaining to certification within 30 days after such a change. If a notary public to whom a certificate of permission to perform marriages has been issued changes his or her address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment in accordance with NRS 240.036.

      4.  A certificate of permission is valid until:

      (a) If the certificate is issued to a minister or other church or religious official authorized to solemnize a marriage, the county clerk has received an affidavit of removal of authority to solemnize marriages pursuant to NRS 122.0665 or the certificate of permission is revoked pursuant to NRS 122.068.

      (b) If the certificate is issued to a notary public, the appointment as a notary public has expired or has been cancelled, revoked or suspended. If, after the expiration of his or her appointment, a notary public receives a new appointment, the notary public may reapply for a certificate of permission to perform marriages, without charge, if the reapplication occurs within 3 months after the expiration of the previous notary public appointment.

      5.  An affidavit of removal of authority to solemnize marriages that is received pursuant to paragraph (a) of subsection 4 must be sent to the county clerk within 5 days after the minister or other church or religious official authorized to solemnize a marriage ceased to be a member of the church or religious organization in good standing or ceased to be a minister or other church or religious official authorized to solemnize a marriage for the church or religious organization.

      6.  If the county clerk in the county where the certificate of permission was issued has reason to believe that:

      (a) The minister or other church or religious official authorized to solemnize a marriage is no longer in good standing within his or her church or religious organization, or that he or she is no longer a minister or other church or religious official authorized to solemnize a marriage, or that such church or religious organization no longer exists; or

      (b) The notary public is no longer in good standing with the Secretary of State or that the appointment of the notary public has expired,

Ę the county clerk may require satisfactory proof of the good standing of the minister, other church or religious official authorized to solemnize a marriage or notary public. If such proof is not presented within 15 days, the county clerk shall remove the certificate of permission by amending the electronic record of the minister, other church or religious official authorized to solemnize a marriage or notary public in the statewide database pursuant to subsection 1.

      7.  Except as otherwise provided in subsection 8, if any minister or other church or religious official authorized to solemnize a marriage to whom a certificate of permission has been issued severs ties with his or her church or religious organization or moves from the county in which his or her certificate was issued, the certificate shall expire immediately upon such severance or move, and the church or religious organization shall, within 5 days after the severance or move, file an affidavit of removal of authority to solemnize marriages pursuant to NRS 122.0665. If the minister or other church or religious official authorized to solemnize a marriage voluntarily advises the county clerk of the county in which his or her certificate was issued of his or her severance with his or her church or religious organization, or that he or she has moved from the county, the certificate shall expire immediately upon such severance or move without any notification to the county clerk by the church or religious organization.

      8.  If any minister or other church or religious official authorized to solemnize a marriage, who is retired and to whom a certificate of permission has been issued, moves from the county in which his or her certificate was issued to another county in this State, the certificate remains valid until such time as the certificate otherwise expires or is removed or revoked as prescribed by law. The minister or other church or religious official authorized to solemnize a marriage must provide his or her new address to the county clerk in the county to which the minister or other church or religious official authorized to solemnize a marriage has moved.

      9.  If any notary public to whom a certificate of permission has been issued moves from the county in which his or her certificate was issued, the certificate shall expire immediately upon such move.

      10.  The Secretary of State may adopt regulations concerning the creation and administration of the statewide database. This section does not prohibit the Secretary of State from making the database publicly accessible for the purpose of viewing ministers, other church or religious officials who are authorized to solemnize a marriage or notaries public to whom a certificate of permission to perform marriages has been issued in this State.

      (Added to NRS by 1967, 1290; A 1969, 92; 1971, 1550; 2009, 728; 2011, 1855; 2013, 1191, 3668)

      NRS 122.0665  Affidavit of removal of authority to solemnize marriages: Form of affidavit; filing by church or religious organization that authorized official to solemnize marriages.

      1.  If a minister or other church or religious official authorized to solemnize a marriage is no longer authorized to solemnize a marriage by the church or religious organization that authorized the minister or other church or religious official to solemnize marriages when he or she applied for a certificate of permission to perform marriages pursuant to NRS 122.064, the church or religious organization shall, within 5 days after the authorization is terminated, file an affidavit of removal of authority to solemnize marriages with the county clerk of the county where the original affidavit of authority to solemnize marriages was filed.

      2.  The affidavit of removal of authority to solemnize marriages must be in substantially the following form:

 

AFFIDAVIT OF REMOVAL OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES OR RELIGIOUS ORGANIZATIONS

 

State of Nevada      }

       }ss.

County of ............... }

 

       The........................................ (name of church or religious organization) is organized and carries on its work in the State of Nevada. Its active meetings are located at........................................ (street address, city or town). The........................................ (name of church or religious organization) hereby removes the authority of........................................ (name of minister or other church or religious official authorized to solemnize marriages), filed in the County of........................................, on the.......... day of the month of...................., of the year.........., to solemnize marriages.

       I am duly authorized by........................................ (name of church or religious organization) to complete and submit this affidavit.

 

      

       Signature of Official

 

      

       Name of Official

       (type or print name)

 

      

       Title of Official

 

      

       Address

 

      

       City, State and Zip Code

 

      

       Telephone Number

 

       Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........

 

      

Notary Public for

.............................. County, Nevada.

 

My appointment expires..............................

 

      (Added to NRS by 2009, 722; A 2013, 1193, 3670)

      NRS 122.067  Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If a county clerk receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of permission, the county clerk shall deem the certificate of permission issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the county clerk receives a letter issued to the holder of the certificate of permission by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate of permission has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  A county clerk shall reinstate a certificate of permission that has been suspended by a district court pursuant to NRS 425.540 if the county clerk receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of permission was suspended stating that the person whose certificate of permission was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2040)

      NRS 122.068  Revocation of certificates and removal of authority to solemnize marriages; hearing; duties of Secretary of State.

      1.  Any county clerk who has issued a certificate of permission to perform marriages to a minister, other church or religious official authorized to solemnize a marriage or notary public pursuant to NRS 122.062 to 122.073, inclusive, may revoke the certificate for good cause shown after a hearing.

      2.  If the certificate of permission to perform marriages of any minister, other church or religious official authorized to solemnize a marriage or notary public is revoked or if the county clerk has received an affidavit of removal of authority to solemnize marriages pursuant to NRS 122.0665, the county clerk shall inform the Secretary of State of that fact, and the Secretary of State shall immediately remove the name of the minister, other church or religious official authorized to solemnize a marriage or notary public from the official list contained in the database of ministers, other church or religious officials authorized to solemnize a marriage or notaries public and shall notify each county clerk and county recorder in the State of the revocation or removal of authority.

      (Added to NRS by 1967, 1291; A 2009, 730; 2013, 1194, 3671)

      NRS 122.071  Judicial review.  Any minister, other church or religious official authorized to solemnize a marriage or notary public whose application for a certificate of permission to perform marriages or renewal of such certificate is denied, or whose certificate of permission is revoked, is entitled to judicial review of such action in the district court of the county in which such action was taken.

      (Added to NRS by 1967, 1291; A 2009, 731; 2013, 1195)

      NRS 122.073  Additional regulations by county clerk.  Each county clerk may prescribe additional regulations, which shall not conflict with the provisions of this chapter, relating to the issuance and revocation of certificates of permission to perform marriages.

      (Added to NRS by 1967, 1291; A 2009, 731)

Solemnization

      NRS 122.080  Solemnization of marriage by Supreme Court justice, district judge, justice of the peace, municipal judge and commissioner and deputy commissioner of civil marriages; unlawful acts. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  After receipt of the marriage license previously issued to persons wishing to be married as provided in NRS 122.040 and 122.050, it is lawful for any justice of the Supreme Court, any judge of the district court, any justice of the peace in his or her township if it is not a commissioner township, any justice of the peace in a commissioner township if authorized pursuant to subsection 3, any municipal judge if authorized pursuant to subsection 4, any commissioner of civil marriages within his or her county and within a commissioner township therein, or any deputy commissioner of civil marriages within the county of his or her appointment and within a commissioner township therein, to join together as husband and wife all persons not prohibited by this chapter.

      2.  This section does not prohibit:

      (a) A justice of the peace of one township, while acting in the place and stead of the justice of the peace of any other township, from performing marriage ceremonies within the other township, if such other township is not a commissioner township.

      (b) A justice of the peace of one township performing marriages in another township of the same county where there is no duly qualified and acting justice of the peace, if such other township is not a commissioner township or if he or she is authorized to perform the marriage pursuant to subsection 3.

      3.  In any calendar year, a justice of the peace may perform not more than 20 marriage ceremonies in commissioner townships if he or she does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage other than a nonmonetary gift that is of nominal value.

      4.  In any calendar year, a municipal judge may perform not more than 20 marriage ceremonies in this State if he or she does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage other than a nonmonetary gift that is of nominal value.

      5.  Any justice of the peace who performs a marriage ceremony in a commissioner township or any municipal judge who performs a marriage ceremony in this State and who, in violation of this section, accepts any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage is guilty of a misdemeanor.

      [Part 4:33:1861; A 1867, 88; 1899, 47; 1901, 19; 1911, 317; 1925, 232; 1933, 42; R 1937, 72; A 1943, 175; 1947, 830; 1951, 431]—(NRS A 1969, 764; 1993, 1463; 1999, 1323)

      NRS 122.080  Solemnization of marriage by Supreme Court justice, appellate judge, district judge, justice of the peace, municipal judge and commissioner and deputy commissioner of civil marriages; unlawful acts. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  After receipt of the marriage license previously issued to persons wishing to be married as provided in NRS 122.040 and 122.050, it is lawful for any justice of the Supreme Court, any judge of the Court of Appeals, any judge of the district court, any justice of the peace in his or her township if it is not a commissioner township, any justice of the peace in a commissioner township if authorized pursuant to subsection 3, any municipal judge if authorized pursuant to subsection 4, any commissioner of civil marriages within his or her county and within a commissioner township therein, or any deputy commissioner of civil marriages within the county of his or her appointment and within a commissioner township therein, to join together as husband and wife all persons not prohibited by this chapter.

      2.  This section does not prohibit:

      (a) A justice of the peace of one township, while acting in the place and stead of the justice of the peace of any other township, from performing marriage ceremonies within the other township, if such other township is not a commissioner township.

      (b) A justice of the peace of one township performing marriages in another township of the same county where there is no duly qualified and acting justice of the peace, if such other township is not a commissioner township or if he or she is authorized to perform the marriage pursuant to subsection 3.

      3.  In any calendar year, a justice of the peace may perform not more than 20 marriage ceremonies in commissioner townships if he or she does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage other than a nonmonetary gift that is of nominal value.

      4.  In any calendar year, a municipal judge may perform not more than 20 marriage ceremonies in this State if he or she does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage other than a nonmonetary gift that is of nominal value.

      5.  Any justice of the peace who performs a marriage ceremony in a commissioner township or any municipal judge who performs a marriage ceremony in this State and who, in violation of this section, accepts any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage is guilty of a misdemeanor.

      [Part 4:33:1861; A 1867, 88; 1899, 47; 1901, 19; 1911, 317; 1925, 232; 1933, 42; R 1937, 72; A 1943, 175; 1947, 830; 1951, 431]—(NRS A 1969, 764; 1993, 1463; 1999, 1323; 2013, 1747, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 122.090  Marriage solemnized by unauthorized person: When valid.  No marriage solemnized before any person professing to be a judge, justice, minister or other church or religious official authorized to solemnize a marriage, notary public to whom a certificate of permission to perform marriages has been issued, commissioner of civil marriages or deputy commissioner of civil marriages shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority, provided it be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.

      [13:33:1861; B § 206; BH § 482; C § 493; RL § 2349; NCL § 4061]—(NRS A 1969, 764; 2009, 731; 2013, 1195)

      NRS 122.100  Marriages solemnized between March 3, 1937, and March 24, 1943, validated.  All marriages solemnized since March 3, 1937, and performed in the manner prescribed and required by section 4 of chapter 33, Statutes of Nevada 1861, prior to its repeal on March 3, 1937, are hereby expressly validated. All such marriages so solemnized and performed between March 3, 1937, and March 24, 1943, are hereby declared to be valid to all intents and purposes to the same extent as if section 4 of chapter 33, Statutes of Nevada 1861, had not been repealed on March 3, 1937.

      [4a:33:1861; added 1943, 208; 1943 NCL § 4052]

      NRS 122.103  Marriages solemnized by certain ministers before May 20, 1967, validated.  All marriages solemnized by ministers holding certificates of permission issued pursuant to former NRS 122.070 are hereby expressly validated.

      (Added to NRS by 1967, 1291)

      NRS 122.110  No particular form of solemnization required; witness.

      1.  In the solemnization of marriage, no particular form is required except that the parties shall declare, in the presence of the justice, judge, minister or other church or religious official authorized to solemnize a marriage, notary public to whom a certificate of permission to perform marriages has been issued, justice of the peace, commissioner of civil marriages or deputy commissioner of civil marriages, and the attending witness, that they take each other as husband and wife.

      2.  In every case, there shall be at least one witness present besides the person performing the ceremony.

      [6:33:1861; B § 199; BH § 475; C § 486; RL § 2342; NCL § 4054]—(NRS A 1969, 764; 1977, 470; 2009, 731; 2013, 1195)

      NRS 122.120  Certificate of marriage: Form.

      1.  After a marriage is solemnized, the person solemnizing the marriage shall give to each couple being married a certificate of marriage.

      2.  The certificate of marriage must contain the date of birth of each applicant as contained in the form of marriage license pursuant to NRS 122.050. If a male and female person who are the husband and wife of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, the certificate of marriage must state that the male and female person were rejoined in marriage and that the certificate is replacing a record of marriage which was lost or destroyed or is otherwise unobtainable. The certificate of marriage must be in substantially the following form:

 

State of Nevada

Marriage Certificate

 

State of Nevada                                  }

                                                               }ss.

County of............................................ }

 

       This is to certify that the undersigned, ................................ (a minister or other church or religious official authorized to solemnize a marriage, notary public, judge, justice of the peace of ................................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ................ day of the month of ………. of the year ..............., at ................ (address or church), ................ (city), Nevada, join or rejoin, as the case may be, in lawful wedlock ................ (name), of ................ (city), State of ................, date of birth ................, and ................ (name), of ................(city), State of ................, date of birth ................, with their mutual consent, in the presence of ................ and ................ (witnesses). (If a male and female person who are the husband and wife of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, this certificate replaces the record of the marriage of the male and female person who are being rejoined in marriage.)

 

                                                                 .........................................................................

                                                                           Signature of person performing

(Seal of County Clerk)                                                   the marriage

 

                                                                 .........................................................................

                                                                         Name under signature typewritten

                                                                                    or printed in black ink

 

......................................................

             County Clerk

 

                                                                 .........................................................................

                                                                         Official title of person performing

                                                                                            the marriage

 

......................................................

 

......................................................

     Couple’s mailing address

 

      3.  All information contained in the certificate of marriage must be typewritten or legibly printed in black ink, except the signatures. The signature of the person performing the marriage must be an original signature.

      [7:33:1861; A 1867, 88; BH § 476; C § 487; RL § 2343; NCL § 4055]—(NRS A 1977, 470; 1987, 1421; 2001, 32; 2007, 1056; 2009, 731, 1506; 2013, 1195)

      NRS 122.130  Certificate of marriage: Recording; loss or destruction before recording; replacement certificate; fees.

      1.  Each person who solemnizes a marriage shall make a record of it and, within 10 days after the marriage, shall deliver to:

      (a) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, the county clerk of the county where the license was issued the original certificate of marriage required by NRS 122.120.

      (b) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, the county recorder of the county where the license was issued the original certificate of marriage required by NRS 122.120.

      2.  If the original certificate of marriage that is held by the person who solemnizes the marriage is lost or destroyed before it is delivered pursuant to subsection 1, the county clerk may charge and collect from the person who solemnizes the marriage a fee of not more than $15 for the preparation of an affidavit of loss or destruction and the issuance of a replacement certificate. All fees collected by the county clerk pursuant to this subsection must be deposited in the county general fund.

      3.  All original certificates must be recorded by the county recorder or filed by the county clerk in a book to be kept by him or her for that purpose. For recording or filing the original certificates, the county recorder or county clerk is entitled to the fees designated in subsection 2 of NRS 122.060 and subsection 3 of NRS 122.135. All such fees must be deposited in the county general fund.

      [8:33:1861; A 1899, 47; C § 488; RL § 2344; NCL § 4056] + [9:33:1861; A 1899, 47; C § 489; RL § 2345; NCL § 4057]—(NRS A 1965, 1253; 1967, 1110; 1969, 764, 1462; 1977, 470; 1983, 348; 1987, 1423; 1999, 1323; 2007, 888; 2013, 3671)

      NRS 122.135  Preparation of affidavit of correction to correct information in certificate of marriage; fees.

      1.  Except as otherwise provided in subsection 2, if any information in a certificate of marriage is incorrect, the county clerk or the county recorder may charge and collect from a person a fee of not more than $25 for the preparation of an affidavit of correction.

      2.  Neither the county clerk nor the county recorder may charge and collect from a person any fee for the preparation of an affidavit of correction pursuant to subsection 1 if the only errors to be corrected in the certificate of marriage are clerical errors that were made by the county clerk.

      3.  Whether or not a person is required to pay any fee for the preparation of an affidavit of correction pursuant to subsection 1:

      (a) The county clerk shall charge and collect from the person a fee in an amount equal to:

             (1) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, the amount that the county clerk is required to charge and collect pursuant to NRS 246.180 for filing the corrected certificate of marriage; or

             (2) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, the amount that the county recorder is required to charge and collect pursuant to NRS 247.305, and the county clerk shall pay the fee over to the county recorder as his or her fee for recording the corrected certificate of marriage; or

      (b) The county recorder shall charge and collect from the person a fee in an amount equal to:

             (1) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, the amount that the county clerk is required to charge and collect pursuant to NRS 246.180, and the county recorder shall pay the fee over to the county clerk as his or her fee for recording the corrected certificate of marriage; or

             (2) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, the amount that the county recorder is required to charge and collect pursuant to NRS 247.305 for recording the corrected certificate of marriage.

      4.  All fees collected pursuant to this section must be deposited in the county general fund.

      (Added to NRS by 1999, 1322; A 2007, 889)

      NRS 122.140  Illegitimate children legitimatized.  Illegitimate children shall become legitimatized by the subsequent marriage of their parents with each other.

      [15:33:1861; B § 208; BH § 484; C § 495; RL § 2351; NCL § 4063]

      NRS 122.150  Forms used by Friends or Quakers valid.  All marriages solemnized among the people called “Friends” or “Quakers,” in the forms heretofore practiced and in use in their meetings, shall be good and valid.

      [17:33:1861; B § 210; BH § 486; C § 497; RL § 2353; NCL § 4065]

      NRS 122.160  Marriages between Indians performed by tribal custom on reservation or in colony: Validity; certificate of declaration.

      1.  Marriages between Indians performed in accordance with tribal customs within closed Indian reservations and Indian colonies have the same validity as marriages performed in any other manner provided for by the laws of this State, if there is recorded or filed in the county in which the marriage takes place, within 30 days after the performance of the tribal marriage, a certificate declaring the marriage to have been performed.

      2.  The certificate of declaration required to be recorded or filed by subsection 1 must include the names of the persons married, their ages, tribe, and place and date of marriage. The certificate must be signed by an official of the tribe, reservation or colony.

      3.  The certificate must be:

      (a) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, filed with the county clerk of the county in which the marriage was performed and filed by the county clerk without charge.

      (b) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, recorded with the county recorder of the county in which the marriage was performed and recorded by the county recorder without charge.

      [1:188:1943; 1943 NCL § 4072] + [2:188:1943; 1943 NCL § 4072.01] + [3:188:1943; 1943 NCL § 4072.02]—(NRS A 1997, 2288; 2001, 1755; 2007, 889, 1313)

      NRS 122.170  Marriages between Indians consummated in accordance with tribal customs valid: Certificate of marriage; contents; recording.

      1.  Marriages between Indians heretofore or hereafter consummated in accordance with tribal custom have the same validity as marriages performed in any other manner provided for by the laws of the State of Nevada.

      2.  A certificate of any such marriage may be signed by:

      (a) An official of the tribe of which at least one of the parties is a member;

      (b) An official of the reservation or colony in or upon which at least one of the parties shall at the time reside; or

      (c) The superintendent of an Indian agency legally established in this State by the United States.

      3.  The certificate may be:

      (a) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, filed in the office of the county clerk of the county where such marriage took place, and within 30 days thereafter; or

      (b) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, recorded in the office of the recorder of the county where such marriage took place, and within 30 days thereafter,

Ę and such certificate or a certified copy thereof is prima facie evidence of the facts therein recited.

      4.  The certificate must give the names of the parties married, their ages, tribe, and the place and date of the marriage, and must show the official status of the person signing the same.

      5.  Any certificate, affidavit or other type of proof recognized by the United States, or any department thereof, as proof of a valid tribal marriage, regardless of when or where the tribal marriage was entered into, is proof of the validity of the tribal marriage in the State of Nevada.

      [1:97:1945; 1943 NCL § 4072.03] + [2:97:1945; 1943 NCL § 4072.04] + [3:97:1945; 1943 NCL § 4072.05]—(NRS A 2007, 890)

Commissioner of Civil Marriages

      NRS 122.173  Commissioner of civil marriages: County clerk is ex officio in larger counties; appointment of county clerk in smaller counties; solemnization of marriages; no additional compensation.

      1.  In a county whose population is 700,000 or more and in which a commissioner township is located, the county clerk shall:

      (a) Be commissioner of civil marriages for such township; and

      (b) Solemnize marriages within each commissioner township located within his or her county.

      2.  In a county whose population is less than 700,000 and in which a commissioner township is located, the board of county commissioners may, by ordinance, appoint the county clerk to act as the commissioner of civil marriages. Such an ordinance may authorize the commissioner of civil marriages to solemnize marriages within each commissioner township located within the county.

      3.  The county clerk is not entitled to receive additional compensation for acting in the capacity of commissioner of civil marriages.

      (Added to NRS by 1969, 765; A 1993, 34; 2011, 1148)

      NRS 122.175  Deputy commissioners of civil marriages: Appointment; powers and duties; compensation; limitation on number on duty.

      1.  In a county whose population is 700,000 or more, the commissioner of civil marriages may appoint deputy commissioners of civil marriages. Such deputies shall:

      (a) Solemnize marriages in commissioner townships under the direction of the commissioner; and

      (b) Perform such other duties as the commissioner may direct.

      2.  In a county whose population is less than 700,000 and in which the board of county commissioners has appointed the county clerk to act as the commissioner of civil marriages, the board may, by ordinance, establish the number of deputy commissioners of civil marriages which may be appointed by the commissioner of civil marriages to carry out the duties set forth in subsection 1.

      3.  No deputy commissioner of civil marriages may solemnize marriages at any time other than during the working hours or shift during which the deputy commissioner is employed.

      4.  The deputy commissioners of civil marriages are employees of the county clerk’s office and are entitled to be compensated by a salary and by such other benefits as are available to other county personnel regularly employed in the same county clerk’s office. The compensation of any deputy commissioner of civil marriages must not be based in any manner upon the number or volume of marriages that the deputy commissioner may solemnize in the performance of his or her duties.

      5.  In counties in which deputy commissioners of civil marriages are employed, no more than two deputy commissioners may be on duty within the courthouse of such a county for the purpose of solemnizing marriages at any one time.

      (Added to NRS by 1969, 765; A 1993, 34; 2011, 1149)

      NRS 122.177  Area for solemnizing marriages.

      1.  The county shall provide a suitable area separate from the marriage license bureau or other place where marriage licenses are issued for the solemnizing of marriages.

      2.  The area shall be:

      (a) Appropriately furnished by the county to provide a tranquil atmosphere and the solemnizing ceremony shall be privately conducted in a dignified manner without haste; and

      (b) Situated in a building entirely separate from and unconnected with any building in which marriage licenses are issued.

      (Added to NRS by 1969, 766; A 1979, 637)

      NRS 122.179  Clerical personnel, supplies and equipment to be provided by county.

      1.  The county shall provide suitable office space, office equipment, office supplies, and secretarial or other clerical personnel necessary for the proper operation of the office of the commissioner of civil marriages.

      2.  The county clerk shall establish the office of the commissioner of civil marriages as a separate office and shall maintain separate records for that office.

      (Added to NRS by 1969, 766; A 1977, 576)

      NRS 122.181  Fees for solemnizing marriages: Amounts; disposition.

      1.  The commissioner of civil marriages or his or her deputy commissioner of civil marriages is entitled to receive as his or her fee for solemnizing a marriage $70. The fee must be deposited in the county general fund.

      2.  The commissioner of civil marriages or his or her deputy commissioner of civil marriages shall also at the time of solemnizing a marriage collect the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the State Controller for credit to that Account.

      (Added to NRS by 1969, 766; A 1975, 540; 1991, 1867; 2001, 3217; 2013, 1196)

      NRS 122.183  Hours of operation for office.  The board of county commissioners may, by ordinance, determine the hours of operation for the office of the commissioner of civil marriages.

      (Added to NRS by 1969, 766; A 1979, 637; 1993, 29, 35, 2261, 2262; 2003, 341)

      NRS 122.185  Signs required in office and rooms; contents.  The office of the commissioner of civil marriages and each room therein shall prominently display on the wall, or other appropriate place, a sign informing all people who avail themselves of the services of the commissioner of civil marriages of the following facts:

      1.  That the solemnization of the marriage by the commissioner of civil marriages is not necessary for a valid marriage and that the parties wishing to be married may have a justice of the peace within a township where such justice of the peace is permitted to perform marriages, or any minister, other church or religious official authorized to solemnize a marriage or notary public of their choice who holds a valid certificate of permission to perform marriages within the State, perform the ceremony;

      2.  The amount of the fee to be charged for solemnization of a marriage in the office of the commissioner of civil marriages;

      3.  That all fees charged are paid into the county general fund of the particular county involved;

      4.  That other than the statutory fee, the commissioner of civil marriages and the deputy commissioners of civil marriages are precluded by law from receiving any gratuity fee or remuneration whatsoever for solemnizing a marriage; and

      5.  That if the commissioner of civil marriages, any deputy commissioner of civil marriages, or any other employee in the office of the commissioner or in the office of the county clerk solicits such an extra gratuity fee or other remuneration, the matter should be reported to the district attorney for such county.

      (Added to NRS by 1969, 766; A 2009, 732; 2013, 1196, 3671)

      NRS 122.187  Receipt of additional fees prohibited.  No other fee may be charged or received by the commissioner of civil marriages for solemnizing a marriage or for any other pertinent service other than the fee established by NRS 122.181.

      (Added to NRS by 1969, 767)

      NRS 122.189  Prohibited acts.  It is unlawful for the commissioner of civil marriages, any deputy commissioner, or any employee in the office of the commissioner or in the office of the county clerk to:

      1.  Solicit, accept or receive any gratuity, remuneration or fee whatsoever for the solemnizing of marriages;

      2.  Participate in or receive the benefits of any fees solicited or received by any other person; or

      3.  Influence or attempt to influence any person to have a marriage solemnized in the office of the commissioner of civil marriages.

      (Added to NRS by 1969, 767; A 1977, 576)

      NRS 122.191  Display and contents of signs indicating location of office.  Signs may be displayed to inform any person of the location of the office of the commissioner of civil marriages. Such signs shall have printed thereon only the following words: “Office of the Commissioner of Civil Marriages.” Such signs shall be displayed in a conservative manner commensurate with the dignified function of the office of the commissioner of civil marriages.

      (Added to NRS by 1969, 767)

      NRS 122.193  Penalty.  Any person who violates any provision of NRS 122.173 to 122.193, inclusive, is guilty of a misdemeanor.

      (Added to NRS by 1969, 767)

PROHIBITED ACTS AND PENALTIES

      NRS 122.200  False statement to procure marriage license.  Any person who shall make a false statement in procuring a marriage license with reference to any matter required by NRS 122.040 and 122.050 to be stated under oath shall be guilty of a gross misdemeanor.

      [Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947, 41; 1949, 91; 1943 NCL § 4053]—(NRS A 1967, 530)

      NRS 122.210  Unauthorized issuance of marriage license by county clerk.  If any county clerk shall issue or sign any marriage license in any manner other than is authorized by this chapter, the county clerk shall forfeit and pay a sum not exceeding $1,000 to and for the use of the person aggrieved.

      [Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947, 41; 1949, 91; 1943 NCL § 4053]

      NRS 122.215  Solicitation on county property where marriage licenses are issued to perform marriage.  It is unlawful for any county employee, commercial wedding chapel employee or other person to solicit or otherwise influence, while on county property where marriage licenses are issued, any person to be married by a marriage commissioner or justice of the peace or at a commercial wedding chapel.

      (Added to NRS by 1977, 577; A 2013, 3672)

      NRS 122.220  Solemnizing marriage without exhibition of marriage license. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  It is unlawful for any Supreme Court justice, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages to join together as husband and wife persons allowed by law to be joined in marriage, until the persons proposing such marriage exhibit to him or her a license from the county clerk as provided by law.

      2.  Any Supreme Court justice, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages who violates the provisions of subsection 1 is guilty of a misdemeanor.

      [1911 C&P § 214; RL § 6479; NCL § 10162] + [1911 C&P § 215; RL § 6480; NCL § 10163]—(NRS A 1967, 530; 1969, 765; 1993, 1463; 2009, 733; 2013, 1197)

      NRS 122.220  Solemnizing marriage without exhibition of marriage license. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  It is unlawful for any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages to join together as husband and wife persons allowed by law to be joined in marriage, until the persons proposing such marriage exhibit to him or her a license from the county clerk as provided by law.

      2.  Any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages who violates the provisions of subsection 1 is guilty of a misdemeanor.

      [1911 C&P § 214; RL § 6479; NCL § 10162] + [1911 C&P § 215; RL § 6480; NCL § 10163]—(NRS A 1967, 530; 1969, 765; 1993, 1463; 2009, 733; 2013, 1197, 1747, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 122.230  Failure of person solemnizing marriage to make and deliver certificate to county clerk or county recorder.  Every person solemnizing a marriage who fails or neglects to make and deliver an originally signed certificate thereof, within the time specified in NRS 122.130, to:

      1.  If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, the county clerk; or

      2.  If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, the county recorder,

Ę is guilty of a misdemeanor.

      [Part 10:33:1861; A 1903, 70; RL § 2346; NCL § 4058]—(NRS A 1967, 530; 1987, 1423; 2007, 890; 2013, 3672)

      NRS 122.240  Failure of county recorder or county clerk to record certificate of marriage.  Every county recorder or county clerk who fails or neglects to record or file a certificate of marriage as required by this chapter is guilty of a misdemeanor.

      [Part 10:33:1861; A 1903, 70; RL § 2346; NCL § 4058]—(NRS A 1967, 530; 1987, 1423; 2007, 890; 2013, 3672)

      NRS 122.250  Willful making of false certificate of marriage.  If any person shall willfully make any false certificate of any marriage or pretended marriage, the person is guilty of a gross misdemeanor.

      [11:33:1861; B § 204; BH § 480; C § 491; RL § 2347; NCL § 4059]—(NRS A 1967, 530)

      NRS 122.260  Solemnization of marriage by unauthorized person or where legal impediment known.  If any person shall undertake to join others in marriage, knowing that he or she is not lawfully authorized so to do, or knowing of the existence of any legal impediment to the proposed marriage, the person is guilty of a misdemeanor.

      [12:33:1861; B § 205; BH § 481; C § 492; RL § 2348; NCL § 4060]—(NRS A 1967, 530)

      NRS 122.270  Recovery of forfeitures by civil actions.  In all cases when a violation of the provisions of this chapter is not declared a misdemeanor or gross misdemeanor, the fines and forfeitures shall be recovered by a civil action, to be brought by any person aggrieved or by the county treasurer.

      [16:33:1861; B § 209; BH § 485; C § 496; RL § 2352; NCL § 4064]