AB 204 — Provides that marriage licenses and certificates of marriage may include the name to be used by each spouse after the marriage. (BDR 11-743)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2017) FIRST REPRINT A.B.

204204–Assemblymen ATolles; SSEMBLY BILL NO.

204–ABilbray-Axelrod, SSEMBLYMENBustamante TAdams, OLLES;Edwards, Frierson, Jauregui, Joiner, Krasner, Miller, Monroe-Moreno, Ohrenschall, Oscarson, Pickard, Spiegel, Titus, Wheeler and Yeager Joint Sponsors:

BILBRAYSenators -Gansert; AXELROD , BUSTAMANTE ADAMS , EDWARDS , FRIERSON, JAUREGUI, OINER, KRASNER , MILLER, MONROE-M ORENO , OHRENSCHALL , OSCARSON , PICKARD , SPIEGEL, TITUS, W HEELER AND YEAGER PREFILED FEBRUARY 13, 2017 ____________ JOINTSPONSORS :

ENATORSCannizzaro, GFord, ANSERTHardy, ;Parks and Segerblom CHAPTER..........

ANNIZZARO , FORD , ARDY , ARKS AND SEGERBLOM ____________ Referred to Committee on Judiciary SUMMARY—Provides that marriage licenses and certificates of marriage may include the name to be used by each spouse after the marriage.

(BDR 11-743) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law prescribes the form of a marriage license and a certificate of certificate of marriage may contain the names selected for use by each spouse after the marriage.

(NRS 122.050, 122.120) This bill provides that each marriage license and certificate of marriage may contain the names selected for use by each spouse after the marriage.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Except as otherwise provided in NRS 122.0615, before persons may be joined in marriage, a license must be - *AB204_R1* – 2 – obtained for that purpose from the county clerk of any county in the State.

- 79th Session (2017) – 2 – 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 to may accept as proof of the applicant’s name and age an original or certified copy of any of the following:

(d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the Uni(e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States.States Citizenship and Immigration Services of the Department of Homeland Security.

(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.

The county clerk shall, except as otherwise provided in this subsection, - *AB204_R1* – 3 – require each applicant to include the applicant’s social security number on the affidavit of application for the marriage license.

If any of the information required is unknown to the person, the person must state that the answer is 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.

The- county79th clerkSession shall(2017) not– deny3 a– license4. 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 is referred to the district court, the district court may waive thelicant requirements of subsection 3 with respect to the person who is unable to appear before the county clerk.

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.

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 questionque5.ionIf orany of the personpersons whointending isto unablemarry toare appearunder age and have not been previously married, and if the authorization of a district court is unknown.not required, the clerk shall issue the license if the consent of the parent or guardian is:

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:

- *AB204_R1* – 4 – (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;

- 79th Session (2017) – 4 – 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 thetheand parent on any document listed in subsection 2.

(1) The current last name of the other applicant.

- *AB204_R1* – 5 – Sec.

8- 79th Session (2017) – 5 – M ARRIAGE LLICENSE ICENSE (EXPIRES 1 YEAR AFTERA FTER 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 ........

(New - *AB204_R1* – 6 – name) OR The parties have not designated any changes of name at the time of issuance of the marriage license.