Nevada 2021 Regular Session Status: Enacted

AB 397 — Revises provisions relating to county clerks. (BDR 20-1026)

Last action — Chapter 135.

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  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 24, 2021. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

274 added · 369 removed

Plain-language change summary

The updated version of Assembly Bill No. 397 includes several key changes that improve how county clerks manage certain marriage-related fees. It now mandates that county clerks must pay collected fees to the county treasurer by the fifth day of each month. Additionally, the bill broadens the allowable uses of these fees, allowing them to be spent not just on technology improvements, but also on training staff and hiring temporary help to enhance services and transparency. These adjustments aim to streamline operations and improve the efficiency of marriage license processing in counties.

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(Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT A.B.
Assembly Bill No.
397 A SSEMBLY B ILLN O.
397–Committee on Government Affairs CHAPTER..........
397–C OMMITTEE ON G OVERNMENT A FFAIRS M ARCH 24, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to county clerks.
(BDR 20-1026) 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 provides that a county clerk may charge and collect an additional fee not to exceed $3 for filing a certificate of marriage if the board of county 246.180) Existing law also requires the county clerk to pay these collected fees to the county treasurer to be deposited in a separate account in the county general fund, which may only be used to acquire or improve technology used by the office of the county clerk for the issuance of marriage licenses and the filing of marriage certificates.
fee not to exceed $3 for filing a certificate of marriage if the board of countyal commissioners has adopted an ordinance authorizing the additional fee.
(NRS 246.180) Existing law also requires the county clerk to pay these collected fees to the county treasurer to be deposited in a separate account in the county general fund, which may only be used to acquire or improve technology used by the office of the county clerk for the issuance of marriage licenses and the filing of marriage certificates.
- *AB397_R1* – 2 – Existing law provides that a county clerk may charge and collect an additional fee not to exceed $5 for filing and recording or issuing certain bonds, declarations and certificates.
Existing law provides that a county clerk may charge and collect an additional fee not to exceed $5 for filing and recording or issuing certain bonds, declarations these collected fees to the county treasurer to be deposited in a separate account in the county general fund, which may only be used in the office of the county clerk for costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.
(NRS 19.013) Existing law also requires the county clerk to pay these collected fees to the county treasurer to be deposited in a separate account in the county general fund, which may only be used in the office of the county clerk for costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training services relating to the technology.
(1) acquire, improve, support or maintain technology;
(1) acquire, improve, support or maintain temporary or permanent staff or professional services to implement, support orquire maintain technology that enhances customer service, improves efficiency or promotes transparency in government.
(2) train employees in the operation of the technology;
Existing law authorizes a county whose population is 100,000 or more (currently Clark and Washoe Counties) to provide a space outside each office and branch office of the county clerk where a commercial wedding chapel, a business licensed to perform weddings or a church or religious organization may place - 81st Session (2021) – 2 – informational brochures for display.
and (3) acquire temporary or permanent staff or professional services to implement, support or maintain technology that enhances customer service, improves efficiency or promotes transparency in government.
Existing law authorizes a county whose population is 100,000 or more branch office of the county clerk where a commercial wedding chapel, a businessd licensed to perform weddings or a church or religious organization may place informational brochures for display.
Existing law requires the board of county commissioners in each county whose population is 100,000 or more but less than 700,000 (currently Washoe County) and in which a commercial wedding chapel has been in business for 5 years or the public for the purpose of issuing such licenses from 8 a.m.
Existing law requires the board of county commissioners in each county whose and in which a commercial wedding chapel has been in business for 5 years or) more to:
(1) 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.
or (2) 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 during the hours when an office where marriage licenses may be issued is not open to the public.
or (2) provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or marriage licenses may be issued is not open to the public.
Existing law also authorizes the board of county commissioners in each county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) and in which a commercial wedding chapel has been in business for 5 years or wedding chapel may issue marriage licenses during the hours when an office where marriage licenses may be issued is not open to the public.
Existing law alsoe where authorizes the board of county commissioners in each county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) and in which a commercial wedding chapel has been in business for 5 years or more to provide for the establishment of a program whereby such a commercial marriage licenses may be issued is not open to the public.
(NRS 122.0615) Section 6 of this bill repeals this section of NRS.
(NRS 122.0615) Section of this bill repeals this section of NRS.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB397_R1* – 3 – (e) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund.
(e) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund.
[The] On or before the fifth day of each month, the county clerk shall pay to the county treasurer the amount of fees collected by the county clerk pursuant to this subsection for credit to the account established pursuant to NRS 246.190.
[The] On or before the fifth day of each month, the county clerk shall pay to the - 81st Session (2021) – 3 – county treasurer the amount of fees collected by the county clerk pursuant to this subsection for credit to the account established pursuant to NRS 246.190.
A county clerk shall charge and collect the fees specified in this section for copying a document specified in this section at the request of the State of Nevada or any city or town within the county.
A county clerk shall charge and collect the fees specified in request of the State of Nevada or any city or town within the county.
(a) Acquire, improve, support or maintain technology [for or to improve the technology used in the office of the county clerk for the issuance of marriage licenses and the filing of certificates of marriage, including, without limitation, costs related to acquiring or - *AB397_R1* – 4 – improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training] ;
improve the technology used in the office of the county clerk for the issuance of marriage licenses and the filing of certificates of marriage, including, without limitation, costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training] ;
(a) An estimate of the proceeds that the county clerk will collect from the additional fee imposed pursuant to subsection 2 of NRS 246.180 in the following fiscal year;
- 81st Session (2021) – 4 – (a) An estimate of the proceeds that the county clerk will collect from the additional fee imposed pursuant to subsection 2 of NRS 246.180 in the following fiscal year;
and (b) A proposal for expenditures of the proceeds from the additional fee imposed pursuant to subsection 2 of NRS 246.180 for the costs related to the technology required for the office of the county clerk for the following fiscal year.
and (b) A proposal for expenditures of the proceeds from the the costs related to the technology required for the office of the county clerk for the following fiscal year.
and [contracting for professional services relating to the technology.] (c) Acquire temporary or permanent staff or professional services to implement, support or maintain technology that enhances customer service, improves efficiency or promotes transparency in government.
and [contracting for professional services relating to the technology.] (c) Acquire temporary or permanent staff or professional services to implement, support or maintain technology that transparency in government.improves efficiency or promotes Sec.
Sec.
Except as otherwise provided in this subsection, the license - *AB397_R1* – 5 – must be issued at the county seat of that county.
Except as otherwise provided in this subsection, the license must be issued at the county seat of that county.
(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.
(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 - 81st Session (2021) – 5 – designated branch office is established in a county office building which is located outside of the county seat.
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.
the county clerk may request that the birth certificate be translatedh, into English and notarized.
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.
The require each applicant to include the applicant’s social securityon, number on the affidavit of application for the marriage license.
If a - *AB397_R1* – 6 – person does not have a social security number, the person must state that fact.
If a person does not have a social security number, the person must state that fact.
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.
The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number - 81st Session (2021) – 6 – applicant’s parents is unknown.d information concerning the 4.
4.
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The applicant shall answer any questions with reference to the other person named in the license.
The applicant shall answer any questions with ref(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.
(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.
When the authorization of a district court is required because the marriage involves a minor, the county clerk shall issue the license if that authorization is given to the county clerk in writing.
When the authorization of a district court is required because the marriage involves a minor, the county clerk shall issue the lic6.se At the time of issuance of the license, an applicant or bothg.
6.
applicants may elect to change the middle name or last name, or both, by which an applicant wishes to be known after solemnization of the marriage.
At the time of issuance of the license, an applicant or both applicants may elect to change the middle name or last name, or both, by which an applicant wishes to be known after solemnization of the marriage.
The first name of each applicant selected for use by the applicant after solemnization of the marriage must be the same as the first name indicated on the proof of the applicant’s name submitted pursuant to subsection 2.
The first name of each applicant selected for use by the applicant after solemnization of the marriage must be the same - *AB397_R1* – 7 – as the first name indicated on the proof of the applicant’s name submitted pursuant to subsection 2.
(a) As a middle name, one of the following:
- 81st Session (2021) – 7 – (a) As a middle name, one of the following:
(3) A hyphenated combination of the current middle name and the current last name of either applicant.
(3) A hyphenated combination of the current middle name and the(4) A hyphenated combination of the current middle name and the last name given at birth of either applicant.
(4) A hyphenated combination of the current middle name and the last name given at birth of either applicant.
(b) As a last name, one of the following:
(b)(1) The current last name of the other applicant.
(1) The current last name of the other applicant.
TEXT OF REPEALED SECTION 122.0615 Issuance of marriage license during certain office hours or during other hours by commercial wedding chapel if authorized;
~~~~~ 21 - 81st Session (2021)
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.
- *AB397_R1* – 8 – 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 public.s may be issued pursuant to paragraph (a) is not open to the 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 with the county clerk a completed registration form prescribed byg 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 NRS 603A.010 to 603A.290, inclusive, 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 for a minor applicant who is 17 years of age to the county clerk for review and issuance of the marriage license pursuant to NRS 122.040.
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 - *AB397_R1* – 9 – 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;
required by law to be collected;
and a marriage license all fees (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 other data collectors to ensure the security of all personalll 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.
H - *AB397_R1*
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Amendments

1 amendment

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Action History

  1. Chapter 135.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Assembly. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 19, Nays: 2.) To Assembly.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. Taken from General File. Placed on General File for next legislative day.

  9. From committee: Do pass. Placed on Second Reading File. Read second time.

  10. In Senate. Read first time. Referred to Committee on Government Affairs. To committee.

  11. From printer. To engrossment. Engrossed. First reprint. To Senate.

  12. Read third time. Passed, as amended. Title approved. (Yeas: 36, Nays: 6.) To printer.

  13. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 340.) Dispensed with reprinting.

  14. From printer. To committee.

  15. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Assembly Committee on Government Affairs · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Assembly Committee on Government Affairs

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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Frequently asked questions

Who sponsors AB 397?
AB 397 is sponsored by Assembly Committee on Government Affairs.
What is the current status of AB 397?
This bill has been enacted into law. Introduced March 24, 2021. Enacted.
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