Nevada 2019 Regular Session Status: Enacted

AB 482 — Revises provisions relating to governmental administration. (BDR 11-1111)

Last action — Approved by the Governor. Chapter 84.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to governmental administration; revising provisions relating to an application for issuance or renewal of a certificate of permission to perform marriages or specific marriages; revising provisions governing certain crimes related to soliciting or influencing marriage on county property or performing marriages; authorizing each county clerk to charge and collect a fee for the filing and recording or issuing of certain documents; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

393 added · 419 removed

393 line(s) added, 419 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 2, 4) (Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT A.B.
Assembly Bill No.
482 ASSEMBLY BILL NO .
482–Committee on Judiciary CHAPTER..........
482–COMMITTEE ON JUDICIARY M ARCH 25, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to governmental administration.
(BDR 11-1111) FISCAL NOTE:
EffEffect on the State:
No.
May have Fiscal Impact.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law requires a person who is an applicant to become a marriage officiant and who is not otherwise qualified to solemnize a marriage to complete a course for marriage officiants established by a county clerk and pay a certain fee deposit the fee paid by an applicant for completing such a course in the county to treasury to be used for establishing and maintaining a course for marriage officiants.
Existing law requires a person who is an applicant to become a marriage officiant and who is not otherwise qualified to solemnize a marriage to complete a course for marriage officiants established by a county clerk and pay a certain fee for completing the course.
(NRS 122.064) Section 2 of this bill expands the requirement to take a training course, if the county clerk has established such a training course, and pay a fee to any applicant for a certificate of permission to perform marriages or specific collected from applicants who complete such a course in an account to be used to acquire technology or to improve technology used in the office of the county clerk.
Additionally, existing law requires the county clerk to deposit the fee paid by an applicant for completing such a course in the county treasury to be used for establishing and maintaining a course for marriage training course, if the county clerk has established such a training course, and pay a fee to any applicant for a certificate of permission to perform marriages or specific marriages.
Additionally, section 2 requires the county clerk to deposit the fees collected from applicants who complete such a course in an account to be used to acquire technology or to improve technology used in the office of the county clerk.
Existing law prohibits any person, while on county property, from soliciting or otherwise influencing, another person to be married by a marriage commissioner or justice of the peace or at a commercial wedding chapel.
Existing law prohibits any person, while on county property, from soliciting or otherwise influencing, another person to be married by a marriage commissioner or of this bill provides for the imposition of a civil penalty of not more than $500 for each violation.
(NRS 122.215) Section 3 of this bill provides for the imposition of a civil penalty of not more than $500 for - *AB482_R1* – 2 – an ordinance delegating to a hearing officer the authority to determine such enact violations and levy civil penalties for those violations.
Section 3 also authorizes a board of county commissioners to enact an ordinance delegating to a hearing officer the authority to determine such violations and levy civil penalties for those violations.
(NRS 122.260) Section 4 of this bill removes the element of knowledge, thereby making a person subject to such a civil penalty regardless of his or her knoUnder existing law, in addition to other fees, each county clerk is authorized to charge an additional fee not to exceed $5 for filing and recording a bond of a notary public, per name.
(NRS 122.260) Section 4 of this bill removes the element of knowledge, thereby making a person subject to such a civil penalty regardless of his or her knowUnder existing law, in addition to other fees, each county clerk is authorized to charge an additional fee not to exceed $5 for filing and recording a bond of a notary public, per name.
a fee for filing and recording or issuing a:
(NRS 19.016) Section 5 of this bill authorizes each county clerk to also charge such a fee for filing and recording or issuing a:
(1) declaration of candidacy orrge such acceptance of candidacy for a public office;
(1) declaration of candidacy or acceptance of candidacy for a public office;
(2) certificate of assumed or fictitious name or renewal thereof;
(2) certificate of assumed or fictitious in a business under the assumed or fictitious name;
(3) certificate of termination of business or of ownership in a business under the assumed or fictitious name;
Section 5 requires that the additional fees so collected be the county clerk.ire technology for or to improve technology used in the office of THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 5 requires that the additional fees so collected be - 80th Session (2019) – 2 – used only to acquire technology for or to improve technology used in the office of the county clerk.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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, a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State, or a marriage officiant may join together in marriage 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, notary public or marriage officiant first obtains or renews a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive.
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, a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State, or a marriage officiant may join together in marriage 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, notary public or marriage officiant first obtains or renews a certificate of permission to inclusive.
A temporary replacement for a licensed, ordained or appointed minister or other church or religious official authorized to - *AB482_R1* – 3 – 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.
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.
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.
Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if the - 80th Session (2019) – 3 – 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.
A licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage, active or retired, a notary public or person who desires to be a marriage officiant may submit to the county clerk in the county in which a marriage is to be performed an application to perform a specific mar(a) Include the full names and addresses of the persons to be married;
A licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage, active or retired, a notary public or person who desires to be a marriage officiant may submit to the county clerk in the county in which a marriage in the county.
The application must:
perform a specific (a) Include the full names and addresses of the persons to be married;
(b) Include the date and location of the marriage ceremony;
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, [or in the case of a person who desires to be a marriage officiant,] and, if the county clerk has established a training - *AB482_R1* – 4 – course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State, that the [person] applicant satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064.
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 State, [or in the case of a person who desires to be a marriagetary of officiant,] and, if the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State, that the [person] applicant satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064.
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, notaries public or marriage officiants to the same extent as if he or she had obtained a certificate of permission to perform marriages.
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 - 80th Session (2019) – 4 – officials authorized to solemnize a marriage, notaries public or marriage officiants to the same extent as if he or she had obtained a certificate of permission to perform marriages.
A certificate of permission to perform marriages or a renewal of such a certificate 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, notary public or person who desires to be a marriage officiant resides, after the for renewal must:r application.
A certificate of permission to perform marriages or a renewal of such a certificate may be obtained only from the religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant resides, after the filing of a proper application.
The initial application or application (a) Be in writing and be verified by the applicant.
The initial application or application for renewal must:
official authorized to solemnize a marriage:er church or religious (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;
(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 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.
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 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 - *AB482_R1* – 5 – refuse to issue a certificate of permission if the notary public has committed any violations of chapter 240 of NRS.
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.
(1) Include an additional fee not to exceed $100 for [a] the course ;
- 80th Session (2019) – 5 – (1) Include an additional fee not to exceed $100 for [a] the course ;
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To determine the qualifications of any minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant who has filed an application for a certificate of permission, the county clerk with whom the application has been filed may require:
To determine the qualifications of any minister, other church public or person who desires to be a marriage officiant 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 helpful.any evidence which the county clerk considers necessary or (b) An investigation of the background and present activities of solemnize a marriage, notary public or person who desires to be a marriage officiant.
(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, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant.
(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.
(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 was of such a nature.ze a marriage, that his or her active ministry (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.
(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.
(c) The applicant has not been convicted of a felony, released from confinement or completed his or her parole or probation, - *AB482_R1* – 6 – whichever occurs later, within 10 years before the date of the application.
9 AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES AND RELIGIOUS ORGANIZATIONS State of Nevada } }ss.
- 80th Session (2019) – 6 – AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES AND RELIGIOUS ORGANIZATIONS State of Nevada }ss.
(name of minister or other and is authorized by the..................................................
(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 complete and..................
I am duly authorized by..................................................
submit this affidavit.
submit this affidavit.igious organization) to complete and ................................................................
................................................................
Address ................................................................
Address City, State and Zip Code........................................
City, State and Zip Code - *AB482_R1* – 7 – ................................................................
................................................................
Telephone Number 4 Signed and sworn to (or affirmed) before me this..........
Telephone Number - 80th Session (2019) – 7 – Signed and sworn to (or affirmed) before me this..........
7 ................................................................
................................................................
6.
of permission to perform marriages to a notary public, the countyicate clerk must submit to the Secretary of State the name of the notary public to whom the certificate has been issued.
Not later than 30 days after issuing or renewing 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.
If a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who holds a certificate of permission to perform marriages changes his or her mailing address, the minister, other church or religious official authorized to solemnize a marriage or marriage officiant must notify the county clerk who issued the certificate of his or her new mailing address not later than 30 days after the certificate of permission to perform marriages of a licensed,e ordained or appointed minister, other church or religious official to notify the county clerk of his or her new mailing address within 30 days after the change.
If a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who holds a certificate of permission to perform marriages changes his or her mailing address, the minister, other church or religious official authorized to solemnize a marriage or marriage officiant 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.
Pursuant to NRS 122.068, a county clerk may revoke the certificate of permission to perform marriages of a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who fails to notify the county clerk of his or her new mailing address within days after the change.
8.
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 NRS8.
A board of county commissioners - *AB482_R1* – 8 – may, at the request of the county clerk, enact an ordinance delegating to a hearing officer the authority to determine violations of this section and to levy civil penalties for such violations.
A board of county commissioners may, at the request of the county clerk, enact an ordinance - 80th Session (2019) – 8 – delegating to a hearing officer the authority to determine violations of this section and to levy civil penalties for such violations.
A board of county commissioners may enact an ordinance delegating to a hearing officer the authority to determine violations of this section and to levy civil penalties for those violations.
A board of county commissioners may determine violations of this section and to levy civil penalties for those violations.
On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party On an appeal to the district court of any case from a...$56.00 justice court or a municipal court, or on the municipal court...........................................................42.00 On the filing of a petition for letters testamentary, letters of administration or setting aside an estate without administration, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:
On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer .......$56.00 On an appeal to the district court of any case from a justice court or a municipal court, or on the transfer of any case from a justice court or a municipal court...........................................................42.00 On the filing of a petition for letters testamentary, letters of administration or setting aside an estate court fee prescribed by NRS 19.020, to be paid by the petitioner:
Where the stated value of the estate is more than $2,500 ........................................................5.00 Where the stated value of the estate is $2,500 or less, no fee may be charged or collected.
Where the stated value of the estate is more than $2,500 ........................................................5.00 - 80th Session (2019) – 9 – Where the stated value of the estate is $2,500 or less, no fee may be charged or collected.
- *AB482_R1* – 9 – On the filing of a petition to contest any will or codicil, to be paid by the petitioner..........................$44.00 On the filing of an objection or cross-petition to the appointment of an executor or administrator, or an objection to the settlement of account or any answer in an estate matter ..........................................44.00 On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by the defendant or defendants .............................................44.00 For filing a notice of appeal.............................................24.00 For issuing a transcript of judgment and certifying thereto...........................................................................3.00 For preparing any copy of any record, proceeding or paper, for each page, unless such fee is waived by the county clerk or clerk of the court ......................0.50 For each certificate of the clerk, under the seal of the court........................................................................3.00 For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for a certificate of the county clerk or clerk of the court......................................................5.00 For filing all papers not otherwise provided for, proceedings in court and papers filed by public officers in their official capacity ................................15.00 Forprovided for..................................................................6.00 For searching records or files in the office of the county clerk or clerk of the court, for each year, unless such fee is waived by the county clerk or clerk of the court, as applicable....................................0.50 For filing and recording a bond of a notary public, per name.....................................................................15.00 For entering the name of a firm or corporation in the register of the county clerk...................................20.00 2.
On the filing of a petition to contest any will or codicil, to be paid by the petitioner..........................$44.00 On the filing of an objection or cross-petition to the appointment of an executor or administrator, or an objection to the settlement of account or any answer in an estate matter ..........................................44.00 On of defendants answering jointly, to be paid upon the filing of the first paper in the action by the defendant or defendants .............................................44.00 For filing a notice of appeal.............................................24.00 For issuing a transcript of judgment and certifying thereto...........................................................................3.00 For preparing any copy of any record, proceeding or paper, for each page, unless such fee is waived by the county clerk or clerk of the court ......................0.50 For each certificate of the clerk, under the seal of the court........................................................................3.00 For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for a certificate of the county clerk or clerk of the court......................................................5.00 For filing all papers not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity ................................15.00 Forprovided for..................................................................6.00 For searching records or files in the office of the county clerk or clerk of the court, for each year, unless such fee is waived by the county clerk or clerk of the court, as applicable....................................0.50 For filing and recording a bond of a notary public, per name.....................................................................15.00 For entering the name of a firm or corporation in the register of the county clerk...................................20.00 2.
[A] Except as otherwise provided in subsection 2 of NRS 246.180 or by specific statute, a county clerk may charge and collect, in addition to any fee that a county clerk is otherwise authorized to charge and collect, an additional fee not to exceed $5 for filing and recording or issuing a [bond] :
[A] Except as otherwise provided in subsection 2 of NRS 246.180 or by specific statute, a county clerk may charge and collect, in addition to any fee that a county clerk is otherwise - 80th Session (2019) – 10 – authorized to charge and collect, an additional fee not to exceed $5 for filing and recording or issuing a [bond] :
- *AB482_R1* – 10 – (c) Certificate of assumed or fictitious name or renewal thereof as required pursuant to NRS 602.020;
(c) Certificate of assumed or fictitious name or renewal thereof as required pursuant to NRS 602.020;
Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by the county clerk or clerk of the court, as applicable.
Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by [4.] 5.
[4.] 5.
H - *AB482_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 84.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 20, Nays: 1.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 35, Nays: 6, Excused: 1.) To Senate.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 312.) To printer.

  10. From printer. To committee.

  11. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

  • Assembly Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does AB 482 do?
AN ACT relating to governmental administration; revising provisions relating to an application for issuance or renewal of a certificate of permission to perform marriages or specific marriages; revising provisions governing certain crimes related to soliciting or influencing marriage on county property or performing marriages; authorizing each county clerk to charge and collect a fee for the filing and recording or issuing of certain documents; and providing other matters properly relating thereto.
Who sponsors AB 482?
AB 482 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 482?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
Where can I track AB 482?
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