AB 139 — Revises provisions relating to when minors may marry. (BDR 11-1)

(ReprintedAssembly withBill amendmentsNo. adopted on June 3, 2019) THIRD REPRINT A.B.

139139–Assemblymen ASSEMBLYBilbray-Axelrod; BILL NO .

139–ASSEMBLYMENBackus, BFumo, ILBRAYKrasner, -AXELRODMunk, ;Swank and Tolles CHAPTER..........

BACKUS , UMO , RASNER , MUNK , WANK AND T OLLES FEBRUARY 14, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to when minors may marry.

(BDR 11-1) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

CONTAINS UNFUNDED MANDATE (§ 5.3) (NOTR EQUESTED AFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;

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

(NRS 122.020, 122.025) If the minor is younger than 16 years of age, in addition to findings.such consent, a district court must authorize the marriage after making certain who is under 17 years of age to marry;

(NRSand 122.025)(2) Sectionallows 1a minor who is 17 years ofor age to marry if the minor has the consent of thiseither bill:parent or the minor’s legal guardian and the minor obtains authorization from a district court after the court holds an evidentiary hearing and makes certain findings.

(1)Section removes1.5 of this bill sets forth the abilityrequirements for the court to authorize the marriage of a minor who is under 17 yearsyearSections 2-3.5 of agethis tobill marry;make conforming changes.

andSection (2)5.3 allowsof athis minorbill whorequires iseach 17county yearsclerk of age to marrycompile ifa thereport minorconcerning hasmarriage thelicenses consentissued offor eitherminors parentwho orare the17 minor’syears legalof guardianage and submit the minorreport obtainsto authorizationthe fromDirector aof districtthe courtLegislative afterCounsel theBureau courtfor holdsdistribution anto evidentiarythe hearing81st andSession makesof certainthe findings.Legislature.

Section 1.5 of this bill sets forth the requirements for the court to authorize the marriage of a minor who is 17 years of age.

Sections 2-3.5 of this bill make conforming changes.

Section 5.3 of this bill requires each county clerk to compile a report concerning marriage licenses issued Legislative Counsel Bureau for distribution to the 81st Session of the Legislature.

-EXPLANATION *AB139_R3* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

or (b) Such person’s legal guardian.] - 80th Session (2019) – 2 – Sec.

or (b) [Such person’s] The minor’s legal guardian,  and [such person] the minor also obtains authorization from a district court as provided in [subsection 2.] this section.

(b) The marriage will serve the best interests of [such person;] the[(b) Such person] (c) The minor has the consentminor; required by paragraph (a) or (b) of subsection 1.

and [(b) Such person] (c) The minor has the consent required by paragraph (a) or (b) of subsection 1.

(a) The difference in age between the parties to the prospective marriage;mar(b) The need for the marriage to occur before the minor reaches 18 years of age;

- *AB139_R3* – 3 – (b) The need for the marriage to occur before the minor reaches 18 years of age;

(b)- In80th aSession county(2019) whose– population3 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.

or (2)as Anya documentcondition forto whichreceipt identificationof the document.cation must be verified as If the birth certificate is written in a conditionlanguage toother receiptthan ofEnglish, the document.county clerk may request that the birth certificate be translated into English and notarized.

 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.

- *AB139_R3* – 4 – (f) Any other document that provides the applicant’s name and age.

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 under 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.

The county clerk shall not deny a license to an applicant who- states80th thatSession the(2019) applicant– does4 not– have a social security number or who states that any requested information concerning thethety number applicant’s parents is unknown.

(a) Answer under oath each of the questions contained in the formreference to the other person named in the license.stions with (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.

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.

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 - *AB139_R3* – 5 – concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.

[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:

or (c)- In80th writing,Session subscribed(2019) to– and5 acknowledged– before a person authorized by law to administer oaths.