Nevada 2023 Regular Session Status: Enacted 6 D cosponsors

SB 211 — Revises provisions relating to marriage. (BDR 11-656)

Last action — Chapter 214.

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

This bill has been enacted into law. Introduced March 02, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 06, 2023.

Prognosis

Likely to advance 62% · 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.

  • 7 sponsors

    3 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 D).

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.

Bill Text

What changed in the latest version

340 added · 357 removed

340 line(s) added, 357 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1.3) (Reprinted with amendments adopted on April 19, 2023) FIRST REPRINT S.B.
Senate Bill No.
211 SENATE B ILLN O.
211–Senators D.
211–SENATORS D.
Harris, Nguyen, Flores;
H ARRIS, NGUYEN , FLORES ;
Donate, Ohrenschall, Pazina and Scheible CHAPTER..........
D ONATE , OHRENSCHALL , AZINA AND SCHEIBLE M ARCH 2, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to marriage.
(BDR 11-656) 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.
requiring, under certain circumstances, a county clerk or county recorder to issue an amended certificate of marriage to a party to a marriage whose name has changed;
requiring, under certain circumstances, a county clerk to issue an amended certificate of marriage to a party to a marriage whose name has changed;
Existing law provides that if any information in a certificate of marriage is person certain fees for the preparation of an affidavit of correction and the filing of a corrected certificate of marriage.
Existing law provides that if any information in a certificate of marriage is incorrect, the county clerk or the county recorder may charge and collect from a person certain fees for the preparation of an affidavit of correction and the filing of that if a marriage was solemnized in this State and a party to the marriage receives a certified copy of a court order from a court of this State or another state, the District of Columbia or any territory of the United States changing the name of the party, the county clerk of the county where the original marriage license was issued shall issue an amended certificate of marriage upon receipt of:
(NRS 122.135) Section 1.3 of this bill provides that if a marriage was solemnized in this State and a party to the marriage receives a certified copy of a court order from a court of this State or another state, the District of Columbia or any territory of the United States changing the name of the party, the county clerk shall issue an amended certificate of marriage upon receipt the court order;
(1) a certified copy of the original certificate of marriage;
(3) a notarized affidavit of amendment executed by the parties tocopy of the marriage;
(2) a certified copy of the court order;
and (4) the applicable fees.
(3) a notarized affidavit of amendment executed by the parties to the marriage;
Section 1.6 of this bill sets forth the form for any amended certificate of marriage that is issued pursuant to section 1.3.
and (4) certificate of marriage that is issued pursuant to section 1.3.rm for any amended Existing law authorizes a board of county commissioners of a county whose population is 700,000 or more (currently only Clark County) to adopt an ordinance requiring a certificate of marriage to be filed in the office of the county clerk.
Existing law provides that at the time of issuance of a marriage 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 to this provision only at the time of issuance of the license.
(NRS 246.100) If a board of county commissioners has adopted such an ordinance, section 1.9 of this bill requires the county clerk to file the amended certificate of marriage in the office of the county clerk within 10 days after its issuance.
(NRS 122.040) Section 2 of this bill eliminates this authority for such a name change at the time of issuance of a marriage license.
If a instead requires the party to whom the amended certificate of marriage is issued to file the amended certificate of marriage with the county recorder of the county where the original certificate of marriage was recorded within 10 days after its issuance.
Sections 3 and 4 of this bill make conforming - *SB211_R1* – 2 – changes to the format of marriage licenses and certificates of marriage to account for the elimination of that authority by section 2.
Existing law provides that at the time of issuance of a marriage license, an applicant or both applicants may elect to change the middle name or last name, or marriage.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
An applicant for a marriage license may change his or her name pursuant to this provision only at the time of issuance of the license.
Chapter 122 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.6 of this act.
(NRS 122.040) Section of this bill eliminates this authority for such a name change at the time of issuance of a marriage license.
Sections 3 and 4 of this bill make conforming changes to the format of marriage licenses and certificates of marriage to account for the elimination of that authority by section 2.
- 82nd Session (2023) – 2 – 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:
Section 1.
Chapter 122 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3, 1.6 and 1.9 of this act.
If a marriage was solemnized in this State and a party to the marriage receives a certified copy of a court order from a court of this State or another state, the District of Columbia or any territory of the United States changing the name of the party, the county clerk shall issue an amended certificate of marriage to that party that sets forth the new name of the party, upon receipt by the county clerk of:
If a marriage was solemnized in this State and a party to the marriage receives a certified copy of a court order from a court of this State or another state, the District of Columbia or any territory of the United States changing the name of the party, the county clerk of the county where the original marriage license was issued to the party shall issue an amended certificate of marriage to that party that sets forth the new name of the party, upon receipt by the county clerk of:
(a) A certified copy of the original certificate of marriage;
(b) A certified copy of the court order;tificate of marriage;
(b) A certified copy of the court order;
Upon compliance with subsection 1, the county clerk shall issue an uncertified copy of the amended certificate of marriage to the parties to the marriage.
Upon compliance with subsection 1, the county clerk shall issue the amended certificate of marriage to the parties to the marriage.
STATE OF NEVADA A MENDED CERTIFICATE OF M ARRIAGE State of Nevada } } ss.
- 82nd Session (2023) – 3 – S TATE OF NEVADA A MENDED C ERTIFICATE OF M ARRIAGE State of Nevada } County of...............................
County of...............................
} This is to acknowledge that a marriage officiant, did on the........
} - *SB211_R1* – 3 – This is to acknowledge that a marriage officiant, did on the........
9 .....................................................
(Seal of County Clerk) This certificate is issued to reflect an amendment made pursuant to Instrument No.............
(Seal of County Clerk) Signature of County Clerk This certificate is issued to reflect an amendment made pursuant to Instrument No...........
County, State of................, Case No.........
County, State of................, Case No...........
The original Certificate of Marriage No........., recorded or filed as Instrument No........., is on file at the Office of the................
The original Certificate of Marriage No..........., recorded or filed as Instrument No..........., is on file at the Office of the................
Show all 73 changed rows (33 more)
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2.
marriage must be typewritten or legibly printed in black ink, except the signatures.
All information contained in the amended certificate of marriage must be typewritten or legibly printed in black ink, except the signatures.
1.9.
1.
If a county clerk issues an amended certificate of marriage pursuant to section 1.3 of this act and the board of county commissioners:
(a) Has adopted an ordinance pursuant to NRS 246.100, the county clerk shall, within 10 days after its issuance, file the amended certificate of marriage in the office of the county clerk.
(b) Has not adopted an ordinance pursuant to NRS 246.100, the party to whom the amended certificate of marriage is issued shall, within 10 days after receipt, file the amended certificate of marriage with the county recorder where the original certificate of marriage was recorded.
For the recording or filing of an amended certificate of marriage pursuant to this section, the county recorder or county - 82nd Session (2023) – 4 – of this act.itled to the fees designated in subsection 2 of section 1.3 Sec.
2.
(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 county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building whi2.
2.
- *SB211_R1* – 4 – (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.
(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.
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.
If the birth certificate is written in a language other than English, into English and notarized.t that the birth certificate be translated (d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.
(d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.
(f) Any other document that provides the applicant’s name and age.
- 82nd Session (2023) – 5 – age.
4.
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.
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 district court waives the requirements of subsection 3, the district court shall notify the - *SB211_R1* – 5 – county clerk in writing.
If the district court waives the requirements of subsection 3, the district court shall notify the county clerk in writing.
(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.
security number of the other person named in the license on theocial 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 concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.
The county clerk shall not deny a license to an applicant who states that the applicant does not have a social - 82nd Session (2023) – 6 – concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.
(2) The last name of either applicant given at birth.
- *SB211_R1* – 6 – 7.] All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.
7.] All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.
122.050 The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 .
applicant as shown in the documents presented pursuant toeach subsection 2 of NRS 122.040 .
M ARRIAGE L ICENSE (EXPIRES 1Y EAR AFTER ISSUANCE ) State of Nevada } }ss.
- 82nd Session (2023) – 7 – M ARRIAGE L ICENSE (EXPIRES 1Y EAR AFTER ISSUANCE ) State of Nevada } }ss.
} These presents are to authorize any minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant 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 or any mayor if authorized pursuant to subsection 5 of NRS 122.080, to join in marriage ........
} These presents are to authorize any minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant who has obtained a certificate of permission to perform marriages, any Supreme within this State, or justice of the peace within a townshipge 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 or any mayor if authorized pursuant to subsection 5 of NRS 122.080, to join in marriage ........
2 (If - *SB211_R1* – 7 – not in U.S.A., name of country) ........
2 (If not in U.S.A., name of country) ........
(New name) OR The parties have not designated any changes of name at the time of issuance of the marriage license.] Witness my hand and the seal of the county, this .....
(New name) OR The parties have not designated any changes of name at the time of issuance of the marriage license.] - 82nd Session (2023) – 8 – Witness my hand and the seal of the county, this .....
STATE OF N EVADA M ARRIAGE C ERTIFICATE State of Nevada } }ss.
STATE OF N EVADA M ARRIAGE CERTIFICATE State of Nevada } }ss.
of the year ..............., - *SB211_R1* – 8 – at ................
of the year ..............., at ................
(name) are joined or rejoined in marriage, as the case may be, ............
(name) are - 82nd Session (2023) – 9 – joined or rejoined in marriage, as the case may be, ............
Signature of person performing (Seal of County Clerk) the marriage ...............................................................
(Seal of County Clerk) Signature the marriagerforming ...............................................................
- *SB211_R1* – 9 – any preparatory administrative tasks that are necessary to carry out the provisions of this act;
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act;
H - *SB211_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

3 amendments

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Action History

  1. Chapter 214.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Assembly Amendment No. 657 concurred in. To enrollment.

  5. In Senate.

  6. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

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

  8. From printer. To reengrossment. Reengrossed. Third reprint. Taken from General File. Placed on General File for next legislative day.

  9. Read second time. Amended. (Amend. No. 657.) To printer.

  10. From committee: Amend, and do pass as amended.

  11. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  12. Taken from Secretary's desk. Placed on General File. Read third time. Amended. (Amend. No. 496.) To printer. From printer. To re-engrossment. Re-engrossed. Second reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: 1.) To Assembly.

  13. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on Secretary's desk.

  14. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 167.) To printer.

  15. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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3 sponsors · 4 co-sponsors · 60 not signed on

Sponsors (3)

Co-sponsors (4)

Not signed on (60)

60 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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

civil-rights
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Frequently asked questions

Who sponsors SB 211?
SB 211 is sponsored by Nguyen, Rochelle T. (Democratic), Flores, Edgar (Democratic), Doñate, Fabian (Democratic), Ohrenschall, James (Democratic), Pazina, Julie (Democratic), Scheible, Melanie (Democratic), and Harris, Dallas.
What is the current status of SB 211?
This bill has been enacted into law. Introduced March 02, 2023. Enacted.
Where can I track SB 211?
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