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 a corrected certificate of marriage. (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 of the county where the original marriage license was issued shall issue an amended certificate of marriage upon receipt of: (1) a certified copy of the original certificate of marriage; (2) a certified copy of the court order; (3) a notarized affidavit of amendment executed by the parties to the marriage; and (4) the applicable fees. Section 1.6 of this bill sets forth the form for any amended certificate of marriage that is issued pursuant to section 1.3. 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. (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. If a board of county commissioners has not adopted such an ordinance, section 1.9 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. 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 marriage. 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. (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. 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.

Statutes affected:
As Introduced: 122.040, 122.050
Reprint 1: 122.040, 122.050, 122.120
Reprint 2: 122.040, 122.050, 122.120
Reprint 3: 122.040, 122.050, 122.120
As Enrolled: 122.040, 122.050, 122.120
BDR: 122.040, 122.050