Text of NV SB 395 (2015)

S.B. 395 - *SB395* SENATE BILL NO. 395–SENATORS KIHUEN, PARKS, MANENDO, ATKINSON, FORD; SPEARMAN AND WOODHOUSE MARCH 17, 2015 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing domestic relations. (BDR 11-530) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to domestic relations; authorizing the marriage of two persons of any gender under certain circumstances; revising provisions relating to fees charged and collected for the issuance of a marriage license; authorizing a board of county commissioners to adopt an ordinance imposing an additional fee for the issuance of a marriage license which must be used to promote marriage tourism in the county; authorizing the display of informational brochures of certain commercial wedding chapels; revising provisions relating to the division of community property and liabilities in certain domestic relations actions; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under the Nevada Constitution, only marriage between one man and one 1 woman is recognized. (Nev. Const. Art. 1, § 21) On October 9, 2014, the United 2 States Court of Appeals for the Ninth Circuit enjoined the State of Nevada, its 3 political subdivisions, and its officers, employees and agents, from enforcing any 4 constitutional provision, statute, regulation or policy preventing same-sex couples 5 from marrying. Sevcik v. Sandoval, No. 2:12-CV-00578 JCM-PAL (D. Nev. Oct. 9, 6 2014) Existing law currently provides that one man and one woman may be joined 7 in marriage. (NRS 122.090) Section 2 of this bill authorizes two people of the same 8 sex to be joined in marriage, and sections 3, 5-55 and 57-64 of this bill make 9 conforming changes. Section 65 of this bill provides that the authorization to join 10 two people of the same sex in marriage expires upon a final court ruling upholding 11 the constitutionality of Section 21 of Article 1 of the Nevada Constitution. 12 Section 1 of this bill requires a county whose population is 100,000 or more 13 (currently Clark and Washoe Counties) to provide a space outside each office and 14 – 2 – - *SB395* branch office of the county clerk in which a commercial wedding chapel may place 15 informational brochures for display. 16 Under existing law, in granting a divorce, a court must, to the extent 17 practicable, make an equal disposition of the community property of the parties, 18 unless the action is contrary to a valid premarital agreement between the parties or 19 the court makes written findings setting forth a compelling reason for making an 20 unequal disposition of the community property. (NRS 125.150) The Nevada 21 Supreme Court has held that under Rule 60(b) of the Nevada Rules of Civil 22 Procedure, relief from a divorce decree dividing community property between the 23 parties may be obtained by: (1) filing within 6 months after the final decree a 24 motion for relief or modification from the decree because of mistake, newly 25 discovered evidence or fraud; or (2) showing exceptional circumstances justifying 26 equitable relief in an independent civil action. (Kramer v. Kramer, 96 Nev. 759, 27 762 (1980); Amie v. Amie, 106 Nev. 541, 542 (1990)) In Doan v. Wilkerson, 130 28 Nev. Adv. Op. 48 (2014), the Nevada Supreme Court held that exceptional 29 circumstances justifying equitable relief do not exist when a particular item of 30 community property was disclosed and considered in a divorce action but omitted 31 from the divorce decree. Section 27 of this bill provides that at any time, a party in 32 an action for divorce, separate maintenance or annulment may file a postjudgment 33 motion to obtain an adjudication of any community property or liability that was 34 omitted from the final decree. Section 27 further provides that the court has 35 continuing jurisdiction to hear such a motion and must make an equal disposition of 36 the omitted community property or liability unless the court finds that certain 37 exceptions apply. 38 Under existing law, the county clerk is required to collect certain fees for the 39 issuance of a marriage license. Sections 4 and 56 of this bill authorize a board of 40 county commissioners to adopt an ordinance imposing an additional fee of not 41 more than $14 for the issuance of a marriage license. Under section 56, if a board 42 of county commissioners adopts such an ordinance, the fee must be deposited in a 43 special revenue fund designated as the fund for the promotion of marriage tourism, 44 and money in the fund must be used by the county clerk to promote marriage 45 tourism in the county. Section 4 also specifically states that any administrative fee 46 charged and collected by a county clerk’s office, including, without limitation, a fee 47 for providing a copy of a marriage license, is separate from any fee charged and 48 collected for the issuance of a marriage license. 49 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 1 thereto a new section to read as follows: 2 In each county whose population is 100,000 or more, the 3 county shall provide a space outside each office and branch office 4 of the county clerk in which a commercial wedding chapel may 5 place informational brochures for display. 6 Sec. 2. NRS 122.020 is hereby amended to read as follows: 7 122.020 1. Except as otherwise provided in this section, [a 8 male and a female person,] two persons, regardless of gender, at 9 least 18 years of age, not nearer of kin than second cousins or 10 cousins of the half blood, and not having a husband or wife living, 11 may be joined in marriage. 12 – 3 – - *SB395* 2. [A male and a female person] Two persons who are [the 1 husband and wife of] married to each other may be rejoined in 2 marriage if the record of their marriage has been lost or destroyed or 3 is otherwise unobtainable. 4 3. A person at least 16 years of age but less than 18 years of 5 age may marry only if the person has the consent of: 6 (a) Either parent; or 7 (b) Such person’s legal guardian. 8 Sec. 3. NRS 122.050 is hereby amended to read as follows: 9 122.050 The marriage license must contain the name of each 10 applicant as shown in the documents presented pursuant to 11 subsection 2 of NRS 122.040 and must be substantially in the 12 following form: 13 14 MARRIAGE LICENSE 15 (EXPIRES 1 YEAR AFTER ISSUANCE) 16 17 State of Nevada } 18 }ss. 19 County of } 20 21 These presents are to authorize any minister, other church 22 or religious official authorized to solemnize a marriage or 23 notary public who has obtained a certificate of permission to 24 perform marriages, any Supreme Court justice, judge of the 25 Court of Appeals or district judge within this State, or justice 26 of the peace within a township wherein the justice of the 27 peace is permitted to solemnize marriages or if authorized 28 pursuant to subsection 3 of NRS 122.080, or a municipal 29 judge if authorized pursuant to subsection 4 of NRS 122.080 30 or any commissioner of civil marriages or his or her deputy 31 within a commissioner township wherein they are permitted 32 to solemnize marriages, to join in marriage ........ of (City, 33 town or location) ........, State of ........ State of birth (If not in 34 U.S.A., name of country) ........; Date of birth ........ Father’s 35 name ........ Father’s state of birth (If not in U.S.A., name of 36 country) ........ Mother’s maiden name ........ Mother’s state of 37 birth (If not in U.S.A., name of country) ........ Number of this 38 marriage (1st, 2nd, etc.) ..... [Wife] Spouse #1 deceased ........ 39 Divorced ........ Annulled ........ When ........ Where ........ And 40 ........ of (City, town or location) ........, State of ........ State of 41 birth (If not in U.S.A., name of country) ........; Date of birth 42 ........ Father’s name ........ Father’s state of birth (If not in 43 U.S.A., name of country) ........ Mother’s maiden name ........ 44 Mother’s state of birth (If not in U.S.A., name of country) 45 – 4 – - *SB395* ........ Number of this marriage (1st, 2nd, etc.) ..... [Husband] 1 Spouse #2 deceased ........ Divorced ........ Annulled ........ 2 When ........ Where ........; and to certify the marriage 3 according to law. 4 Witness my hand and the seal of the county, this ..... day 5 of the month of ………. of the year ............ 6 7 ........................................... 8 (Seal) Clerk 9 10 ........................................... 11 Deputy clerk 12 13 Sec. 4. NRS 122.060 is hereby amended to read as follows: 14 122.060 1. The county clerk is entitled to receive as his or 15 her fee for issuing a marriage license the sum of $21. 16 2. The county clerk shall also at the time of issuing the 17 marriage license: 18 (a) Collect the sum of $10 and: 19 (1) If the board of county commissioners has adopted an 20 ordinance pursuant to NRS 246.100, deposit the sum into the county 21 general fund pursuant to NRS 246.180 for filing the originally 22 signed certificate of marriage described in NRS 122.120. 23 (2) If the board of county commissioners has not adopted an 24 ordinance pursuant to NRS 246.100, pay it over to the county 25 recorder as his or her fee for recording the originally signed 26 certificate of marriage described in NRS 122.120. 27 (b) Collect the additional fee described in subsection 2 of NRS 28 246.180, if the board of county commissioners has adopted an 29 ordinance authorizing the collection of such fee, and deposit the fee 30 pursuant to NRS 246.190. 31 (c) Collect the additional fee imposed pursuant to section 56 of 32 this act, if the board of county commissioners has adopted an 33 ordinance imposing the fee. 34 3. The county clerk shall also at the time of issuing the 35 marriage license collect the additional sum of $4 for the State of 36 Nevada. The fees collected for the State must be paid over to the 37 county treasurer by the county clerk on or before the fifth day of 38 each month for the preceding calendar month, and must be placed to 39 the credit of the State General Fund. The county treasurer shall 40 remit quarterly all such fees deposited by the county clerk to the 41 State Controller for credit to the State General Fund. 42 4. The county clerk shall also at the time of issuing the 43 marriage license collect the additional sum of $25 for the Account 44 for Aid for Victims of Domestic Violence in the State General Fund. 45 – 5 – - *SB395* The fees collected for this purpose must be paid over to the county 1 treasurer by the county clerk on or before the fifth day of each 2 month for the preceding calendar month, and must be placed to the 3 credit of that Account. The county treasurer shall, on or before the 4 15th day of each month, remit those fees deposited by the county 5 clerk to the State Controller for credit to that Account. 6 5. Any fee charged and collected pursuant to this section is 7 separate and distinct from any administrative fee charged and 8 collected by a county clerk’s office, including, without limitation, a 9 fee for certifying a copy of a marriage license. 10 Sec. 5. NRS 122.062 is hereby amended to read as follows: 11 122.062 1. Any licensed, ordained or appointed minister or 12 other church or religious official authorized to solemnize a marriage 13 in good standing within his or her church or religious organization, 14 or either of them, incorporated, organized or established in this 15 State, or a notary public appointed by the Secretary of State 16 pursuant to chapter 240 of NRS and in good standing with the 17 Secretary of State, may join together [as husband and wife] in 18 marriage persons who present a marriage license obtained from any 19 county clerk of the State, if the minister, other church or religious 20 official authorized to solemnize a marriage or notary public first 21 obtains a certificate of permission to perform marriages as provided 22 in NRS 122.062 to 122.073, inclusive. The fact that a minister or 23 other church or religious official authorized to solemnize a marriage 24 is retired does not disqualify him or her from obtaining a certificate 25 of permission to perform marriages if, before retirement, the 26 minister or other church or religious official authorized to solemnize 27 a marriage had active charge of a church or religious organization 28 for a period of at least 3 years. 29 2. A temporary replacement for a licensed, ordained or 30 appointed minister or other church or religious official authorized to 31 solemnize a marriage certified pursuant to NRS 122.062 to 122.073, 32 inclusive, may solemnize marriages pursuant to subsection 1 for a 33 period not to exceed 90 days, if the requirements of this subsection 34 are satisfied. The minister or other church or religious official 35 authorized to solemnize a marriage whom he or she temporarily 36 replaces shall provide him or her with a written authorization which 37 states the period during which it is effective, and the temporary 38 replacement shall obtain from the county clerk in the county in 39 which he or she is a temporary replacement a written authorization 40 to solemnize marriage and submit to the county clerk an application 41 fee of $25. 42 3. Any chaplain who is assigned to duty in this State by the 43 Armed Forces of the United States may solemnize marriages if the 44 chaplain obtains a certificate of permission to perform marriages 45 – 6 – - *SB395* from the county clerk of the county in which his or her duty station 1 is located. The county clerk shall issue such a certificate to a 2 chaplain upon proof of his or her military status as a chaplain and of 3 his or her assignment. 4 4. A licensed, ordained or appointed minister, other church or 5 religious official authorized to solemnize a marriage, active or 6 retired, or a notary public may submit to the county clerk in the 7 county in which a marriage is to be performed an application to 8 perform a specific marriage in the county. The application must: 9 (a) Include the full names and addresses of the persons to be 10 married; 11 (b) Include the date and location of the marriage ceremony; 12 (c) Include the information and documents required pursuant to 13 subsection 1 of NRS 122.064; and 14 (d) Be accompanied by an application fee of $25. 15 5. A county clerk may grant authorization to perform a specific 16 marriage to a person who submitted an application pursuant to 17 subsection 4 if the county clerk is satisfied that the minister or other 18 church or religious official authorized to solemnize a marriage, 19 whether he or she is active or retired, is in good standing with his or 20 her church or religious organization or, in the case of a notary 21 public, if the notary public is in good standing with the Secretary of 22 State. The authorization must be in writing and need not be filed 23 with any other public officer. A separate authorization is required 24 for each marriage performed. A person may not obtain more than 25 five authorizations to perform a specific marriage pursuant to this 26 section in any calendar year and must acknowledge that he or she is 27 subject to the jurisdiction of the county clerk with respect to the 28 provisions of this chapter governing the conduct of ministers, other 29 church or religious officials authorized to solemnize a marriage or 30 notaries public to the same extent as if he or she had obtained a 31 certificate of permission to perform marriages. 32 Sec. 6. NRS 122.080 is hereby amended to read as follows: 33 122.080 1. After receipt of the marriage license previously 34 issued to persons wishing to be married as provided in NRS 122.040 35 and 122.050, it is lawful for any justice of the Supreme Court, any 36 judge of the Court of Appeals, any judge of the district court, any 37 justice of the peace in his or her township if it is not a commissioner 38 township, any justice of the peace in a commissioner township if 39 authorized pursuant to subsection 3, any municipal judge if 40 authorized pursuant to subsection 4, any commissioner of civil 41 marriages within his or her county and within a commissioner 42 township therein, or any deputy commissioner of civil marriages 43 within the county of his or her appointment and within a 44 – 7 – - *SB395* commissioner township therein, to join together [as husband and 1 wife] in marriage all persons not prohibited by this chapter. 2 2. This section does not prohibit: 3 (a) A justice of the peace of one township, while acting in the 4 place and stead of the justice of the peace of any other township, 5 from performing marriage ceremonies within the other township, if 6 such other township is not a commissioner township. 7 (b) A justice of the peace of one township performing marriages 8 in another township of the same county where there is no duly 9 qualified and acting justice of the peace, if such other township is 10 not a commissioner township or if he or she is authorized to perform 11 the marriage pursuant to subsection 3. 12 3. In any calendar year, a justice of the peace may perform not 13 more than 20 marriage ceremonies in commissioner townships if he 14 or she does not accept any fee, gratuity, gift, honorarium or anything 15 of value for or in connection with solemnizing the marriage other 16 than a nonmonetary gift that is of nominal value. 17 4. In any calendar year, a municipal judge may perform not 18 more than 20 marriage ceremonies in this State if he or she does not 19 accept any fee, gratuity, gift, honorarium or anything of value for or 20 in connection with solemnizing the marriage other than a 21 nonmonetary gift that is of nominal value. 22 5. Any justice of the peace who performs a marriage ceremony 23 in a commissioner township or any municipal judge who performs a 24 marriage ceremony in this State and who, in violation of this 25 section, accepts any fee, gratuity, gift, honorarium or anything of 26 value for or in connection with solemnizing the marriage is guilty of 27 a misdemeanor. 28 Sec. 7. NRS 122.110 is hereby amended to read as follows: 29 122.110 1. In the solemnization of marriage, no particular 30 form is required except that the parties shall declare, in the presence 31 of the justice, judge, minister or other church or religious official 32 authorized to solemnize a marriage, notary public to whom a 33 certificate of permission to perform marriages has been issued, 34 justice of the peace, commissioner of civil marriages or deputy 35 commissioner of civil marriages, and the attending witness, that they 36 take each other as [husband and wife.] spouses. 37 2. In every case, there shall be at least one witness present 38 besides the person performing the ceremony. 39 Sec. 8. NRS 122.120 is hereby amended to read as follows: 40 122.120 1. After a marriage is solemnized, the person 41 solemnizing the marriage shall give to each couple being married a 42 certificate of marriage. 43 2. The certificate of marriage must contain the date of birth of 44 each applicant as contained in the form of marriage license pursuant 45 – 8 – - *SB395* to NRS 122.050. If [a male and female person] two persons who are 1 the [husband and wife] spouses of each other are being rejoined in 2 marriage pursuant to subsection 2 of NRS 122.020, the certificate of 3 marriage must state that the [male and female person] persons were 4 rejoined in marriage and that the certificate is replacing a record of 5 marriage which was lost or destroyed or is otherwise unobtainable. 6 The certificate of marriage must be in substantially the following 7 form: 8 9 STATE OF NEVADA 10 MARRIAGE CERTIFICATE 11 12 State of Nevada } 13 }ss. 14 County of ............................ } 15 16 This is to certify that the undersigned, ................................ 17 (a minister or other church or religious official authorized to 18 solemnize a marriage, notary public, judge, justice of the 19 peace of ................................ County, commissioner of civil 20 marriages or deputy commissioner of civil marriages, as the 21 case may be), did on the ................ day of the month of 22 ………. of the year ..............., at ................ (address or 23 church), ................ (city), Nevada, join or rejoin, as the case 24 may be, in lawful wedlock ................ (name), of ................ 25 (city), State of ................, date of birth ................, and 26 ................ (name), of ................(city), State of ................, date 27 of birth ................, with their mutual consent, in the presence 28 of ................ and ................ (witnesses). (If [a male and 29 female person] two persons who are the [husband and wife] 30 spouses of each other are being rejoined in marriage pursuant 31 to subsection 2 of NRS 122.020, this certificate replaces the 32 record of the marriage of the [male and female person] 33 persons who are being rejoined in marriage.) 34 35 ................................................................ 36 Signature of person performing 37 (Seal of County Clerk) the marriage 38 39 ................................................................ 40 Name under signature typewritten 41 or printed in black ink 42 43 .................................................... 44 County Clerk 45 – 9 – - *SB395* ................................................................ 1 Official title of person performing 2 the marriage 3 4 .................................................... 5 6 .................................................... 7 Couple’s mailing address 8 9 3. All information contained in the certificate of marriage must 10 be typewritten or legibly printed in black ink, except the signatures. 11 The signature of the person performing the marriage must be an 12 original signature. 13 Sec. 9. NRS 122.220 is hereby amended to read as follows: 14 122.220 1. It is unlawful for any Supreme Court justice, 15 judge of the Court of Appeals, judge of a district court, justice of the 16 peace, municipal judge, minister or other church or religious official 17 authorized to solemnize a marriage, notary public, commissioner of 18 civil marriages or deputy commissioner of civil marriages to join 19 together as [husband and wife] spouses persons allowed by law to 20 be joined in marriage, until the persons proposing such marriage 21 exhibit to him or her a license from the county clerk as provided by 22 law. 23 2. Any Supreme Court justice, judge of the Court of Appeals, 24 judge of a district court, justice of the peace, municipal judge, 25 minister or other church or religious official authorized to solemnize 26 a marriage, notary public, commissioner of civil marriages or deputy 27 commissioner of civil marriages who violates the provisions of 28 subsection 1 is guilty of a misdemeanor. 29 Sec. 10. NRS 123.010 is hereby amended to read as follows: 30 123.010 1. The property rights of [husband and wife] a 31 married couple are governed by this chapter, unless there is: 32 (a) A premarital agreement which is enforceable pursuant to 33 chapter 123A of NRS; or 34 (b) A marriage contract or settlement, 35 ¬ containing stipulations contrary thereto. 36 2. Chapter 76, Statutes of Nevada 1865, is repealed, but no 37 rights vested or proceedings taken before March 10, 1873, shall be 38 affected by anything contained in this chapter of NRS. 39 Sec. 11. NRS 123.020 is hereby amended to read as follows: 40 123.020 No estate is allowed [the husband] one spouse as 41 tenant by curtesy upon the death of his [wife,] or her spouse, nor is 42 any estate in dower allotted to the [wife] other spouse upon the 43 death of his or her [husband.] spouse. 44 – 10 – - *SB395* Sec. 12. NRS 123.030 is hereby amended to read as follows: 1 123.030 A [husband and wife] married couple may hold real 2 or personal property as joint tenants, tenants in common, or as 3 community property. 4 Sec. 13. NRS 123.060 is hereby amended to read as follows: 5 123.060 Except as mentioned in NRS 123.070, neither 6 [husband nor wife] spouse has any interest in the property of the 7 other. 8 Sec. 14. NRS 123.070 is hereby amended to read as follows: 9 123.070 Either [husband or wife] spouse may enter into any 10 contract, engagement or transaction with the other, or with any other 11 person respecting property, which either might enter into if 12 unmarried, subject in any contract, engagement or transaction 13 between themselves, to the general rules which control the actions 14 of persons occupying relations of confidence and trust toward each 15 other. 16 Sec. 15. NRS 123.080 is hereby amended to read as follows: 17 123.080 1. A [husband and wife] married couple cannot by 18 any contract with each other alter their legal relations except as to 19 property, and except that they may agree to an immediate separation 20 and may make provision for the support of either of them and of 21 their children during such separation. 22 2. The mutual consent of the parties is a sufficient 23 consideration for such an agreement as is mentioned in subsection 1. 24 3. In the event that a suit for divorce is pending or immediately 25 contemplated by one of the spouses against the other, the validity of 26 such agreement shall not be affected by a provision therein that the 27 agreement is made for the purpose of removing the subject matter 28 thereof from the field of litigation, and that in the event of a divorce 29 being granted to either party, the agreement shall become effective 30 and not otherwise. 31 4. If a contract executed by a [husband and wife,] married 32 couple, or a copy thereof, be introduced in evidence as an exhibit in 33 any divorce action, and the court shall by decree or judgment ratify 34 or adopt or approve the contract by reference thereto, the decree or 35 judgment shall have the same force and effect and legal 36 consequences as though the contract were copied into the decree, or 37 attached thereto. 38 Sec. 16. NRS 123.090 is hereby amended to read as follows: 39 123.090 If [the husband] a spouse neglects to make adequate 40 provision for the support of his [wife,] or her spouse, any other 41 person may in good faith supply [her] the neglected spouse with 42 articles necessary for his or her support, and recover the reasonable 43 value thereof from the [husband.] neglecting spouse. The separate 44 property of the [husband] neglecting spouse is liable for the cost of 45 – 11 – - *SB395* such necessities if the community property of the spouses is not 1 sufficient to satisfy such debt. 2 Sec. 17. NRS 123.110 is hereby amended to read as follows: 3 123.110 [The wife] A spouse must support [the husband] his 4 or her spouse out of his or her separate property when [he] the 5 spouse has no separate property and they have no community 6 property and [he,] the spouse, from infirmity, is not able or 7 competent to support himself [.] or herself. 8 Sec. 18. NRS 123.121 is hereby amended to read as follows: 9 123.121 When [a husband and wife] spouses sue jointly, any 10 damages awarded shall be segregated as follows: 11 1. If the action is for personal injuries, damages assessed for: 12 (a) Personal injuries and pain and suffering, to the injured 13 spouse as his or her separate property. 14 (b) Loss of comfort and society, to the spouse who suffers such 15 loss. 16 (c) Loss of services and hospital and medical expenses, to the 17 spouses as community property. 18 2. If the action is for injury to property, damages shall be 19 awarded according to the character of the injured property. Damages 20 to separate property shall be awarded to the spouse owning such 21 property, and damages to community property shall be awarded to 22 the spouses as community property. 23 Sec. 19. NRS 123.130 is hereby amended to read as follows: 24 123.130 [1.] All property of [the wife] a spouse owned by 25 him or her before marriage, and that acquired by him or her 26 afterwards by gift, bequest, devise, descent or by an award for 27 personal injury damages, with the rents, issues and profits thereof, is 28 his or her separate property. 29 [2. All property of the husband owned by him before marriage, 30 and that acquired by him afterwards by gift, bequest, devise, descent 31 or by an award for personal injury damages, with the rents, issues 32 and profits thereof, is his separate property.] 33 Sec. 20. NRS 123.180 is hereby amended to read as follows: 34 123.180 1. Any property acquired by a child by gift, bequest, 35 devise or descent, with the rents, issues and profits thereof, is the 36 child’s own property, and neither parent is entitled to any interest 37 therein. 38 2. The earnings and accumulations of earnings of a minor child 39 are the community property of his or her parents unless relinquished 40 to the child. Such relinquishment may be shown by written 41 instrument, proof of a specific oral gift, or proof of a course of 42 conduct. 43 3. When a [husband and wife are] married couple is living 44 separate and apart the earnings and accumulations of earnings of 45 – 12 – - *SB395* their minor children, unless relinquished, are the separate property 1 of the spouse who has their custody or, if no custody award has been 2 made, then the separate property of the spouse with whom such 3 children are living. 4 Sec. 21. NRS 123.190 is hereby amended to read as follows: 5 123.190 [1.] When [the husband] a spouse has given written 6 authority to [the wife] his or her spouse to appropriate to his or her 7 own use [her] the spouse’s earnings, the same, with the issues and 8 profits thereof, is deemed a gift from [him to her,] one spouse to the 9 other, and is, with such issues and profits, [her] the latter spouse’s 10 separate property. 11 [2. When the wife has given written authority to the husband to 12 appropriate to his own use his earnings, the same, with the issues 13 and profits thereof, is deemed a gift from her to him, and is, with 14 such issues and profits, his separate property.] 15 Sec. 22. NRS 123.220 is hereby amended to read as follows: 16 123.220 All property, other than that stated in NRS 123.130, 17 acquired after marriage by either [husband or wife,] spouse, or both, 18 is community property unless otherwise provided by: 19 1. An agreement in writing between the spouses. 20 2. A decree of separate maintenance issued by a court of 21 competent jurisdiction. 22 3. NRS 123.190. 23 4. A decree issued or agreement in writing entered pursuant to 24 NRS 123.259. 25 Sec. 23. NRS 123.225 is hereby amended to read as follows: 26 123.225 1. The respective interests of [the husband and wife] 27 each spouse in community property during continuance of the 28 marriage relation are present, existing and equal interests, subject to 29 the provisions of NRS 123.230. 30 2. The provisions of this section apply to all community 31 property, whether the community property was acquired before, on 32 or after March 26, 1959. 33 Sec. 24. NRS 123.259 is hereby amended to read as follows: 34 123.259 1. Except as otherwise provided in subsection 2, a 35 court of competent jurisdiction may, upon a proper petition filed by 36 a spouse or the guardian of a spouse, enter a decree dividing the 37 income and resources of a [husband and wife] married couple 38 pursuant to this section if one spouse is an institutionalized spouse 39 and the other spouse is a community spouse. 40 2. The court shall not enter such a decree if the division is 41 contrary to a premarital agreement between the spouses which is 42 enforceable pursuant to chapter 123A of NRS. 43 3. Unless modified pursuant to subsection 4 or 5, the court may 44 divide the income and resources: 45 – 13 – - *SB395* (a) Equally between the spouses; or 1 (b) By protecting income for the community spouse through 2 application of the maximum federal minimum monthly maintenance 3 needs allowance set forth in 42 U.S.C. § 1396r-5(d)(3)(C) and by 4 permitting a transfer of resources to the community spouse an 5 amount which does not exceed the amount set forth in 42 U.S.C. § 6 1396r-5(f)(2)(A)(ii). 7 4. If either spouse establishes that the community spouse needs 8 income greater than that otherwise provided under paragraph (b) of 9 subsection 3, upon finding exceptional circumstances resulting in 10 significant financial duress and setting forth in writing the reasons 11 for that finding, the court may enter an order for support against the 12 institutionalized spouse for the support of the community spouse in 13 an amount adequate to provide such additional income as is 14 necessary. 15 5. If either spouse establishes that a transfer of resources to the 16 community spouse pursuant to paragraph (b) of subsection 3, in 17 relation to the amount of income generated by such a transfer, is 18 inadequate to raise the income of the community spouse to the 19 amount allowed under paragraph (b) of subsection 3 or an order for 20 support issued pursuant to subsection 4, the court may substitute an 21 amount of resources adequate to provide income to fund the amount 22 so allowed or to fund the order for support. 23 6. A copy of a petition for relief under subsection 4 or 5 and 24 any court order issued pursuant to such a petition must be served on 25 the Administrator of the Division of Welfare and Supportive 26 Services of the Department of Health and Human Services when 27 any application for medical assistance is made by or on behalf of an 28 institutionalized spouse. The Administrator may intervene no later 29 than 45 days after receipt by the Division of Welfare and Supportive 30 Services of the Department of Health and Human Services of an 31 application for medical assistance and a copy of the petition and any 32 order entered pursuant to subsection 4 or 5, and may move to 33 modify the order. 34 7. A person may enter into a written agreement with his or her 35 spouse dividing their community income, assets and obligations into 36 equal shares of separate income, assets and obligations of the 37 spouses. Such an agreement is effective only if one spouse is an 38 institutionalized spouse and the other spouse is a community spouse 39 or a division of the income or resources would allow one spouse to 40 qualify for services under NRS 427A.250 to 427A.280, inclusive. 41 8. An agreement entered into or decree entered pursuant to this 42 section may not be binding on the Division of Welfare and 43 Supportive Services of the Department of Health and Human 44 – 14 – - *SB395* Services in making determinations under the State Plan for 1 Medicaid. 2 9. As used in this section, “community spouse” and 3 “institutionalized spouse” have the meanings respectively ascribed 4 to them in 42 U.S.C. § 1396r-5(h). 5 Sec. 25. NRS 125.010 is hereby amended to read as follows: 6 125.010 Divorce from the bonds of matrimony may be 7 obtained for any of the following causes: 8 1. Insanity existing for 2 years prior to the commencement of 9 the action. Upon this cause of action the court, before granting a 10 divorce, shall require corroborative evidence of the insanity of the 11 defendant at that time, and a decree granted on this ground shall not 12 relieve the successful party from contributing to the support and 13 maintenance of the defendant, and the court may require the plaintiff 14 in such action to give bond therefor in an amount to be fixed by the 15 court. 16 2. When the [husband and wife] spouses have lived separate 17 and apart for 1 year without cohabitation the court may, in its 18 discretion, grant an absolute decree of divorce at the suit of either 19 party. 20 3. Incompatibility. 21 Sec. 26. NRS 125.130 is hereby amended to read as follows: 22 125.130 1. A judgment or decree of divorce granted pursuant 23 to the provisions of this chapter is a final decree. 24 2. Whenever a decree of divorce from the bonds of matrimony 25 is granted in this State by a court of competent authority, the decree 26 fully and completely dissolves the marriage contract as to both 27 parties. 28 3. A court that grants a decree of divorce pursuant to the 29 provisions of this section shall ensure that the social security 30 numbers of both parties are placed in the records relating to the 31 matter and, except as otherwise required to carry out a specific 32 statute, maintained in a confidential manner. 33 4. In all suits for divorce, if a divorce is granted, the court may, 34 for just and reasonable cause and by an appropriate order embodied 35 in its decree, change the name of [the wife] a party to any former 36 name which he or she has legally borne. 37 Sec. 27. NRS 125.150 is hereby amended to read as follows: 38 125.150 Except as otherwise provided in NRS 125.155 and 39 unless the action is contrary to a premarital agreement between the 40 parties which is enforceable pursuant to chapter 123A of NRS: 41 1. In granting a divorce, the court: 42 (a) May award such alimony to [the wife or to the husband,] 43 either spouse, in a specified principal sum or as specified periodic 44 payments, as appears just and equitable; and 45 – 15 – - *SB395* (b) Shall, to the extent practicable, make an equal disposition of 1 the community property of the parties, except that the court may 2 make an unequal disposition of the community property in such 3 proportions as it deems just if the court finds a compelling reason to 4 do so and sets forth in writing the reasons for making the unequal 5 disposition. 6 2. Except as otherwise provided in this subsection, in granting 7 a divorce, the court shall dispose of any property held in joint 8 tenancy in the manner set forth in subsection 1 for the disposition of 9 community property. If a party has made a contribution of separate 10 property to the acquisition or improvement of property held in joint 11 tenancy, the court may provide for the reimbursement of that party 12 for his or her contribution. The amount of reimbursement must not 13 exceed the amount of the contribution of separate property that can 14 be traced to the acquisition or improvement of property held in joint 15 tenancy, without interest or any adjustment because of an increase in 16 the value of the property held in joint tenancy. The amount of 17 reimbursement must not exceed the value, at the time of the 18 disposition, of the property held in joint tenancy for which the 19 contribution of separate property was made. In determining whether 20 to provide for the reimbursement, in whole or in part, of a party who 21 has contributed separate property, the court shall consider: 22 (a) The intention of the parties in placing the property in joint 23 tenancy; 24 (b) The length of the marriage; and 25 (c) Any other factor which the court deems relevant in making a 26 just and equitable disposition of that property. 27 ¬ As used in this subsection, “contribution” includes, without 28 limitation, a down payment, a payment for the acquisition or 29 improvement of property, and a payment reducing the principal of a 30 loan used to finance the purchase or improvement of property. The 31 term does not include a payment of interest on a loan used to finance 32 the purchase or improvement of property, or a payment made for 33 maintenance, insurance or taxes on property. 34 3. A party may file a postjudgment motion in any action for 35 divorce, annulment or separate maintenance to obtain 36 adjudication of any community property or liability omitted from 37 the decree or judgment. There is no limitation on the time in 38 which a motion pursuant to this subsection may be filed. The court 39 has continuing jurisdiction to hear such a motion and shall 40 equally divide the omitted community property or liability between 41 the parties unless the court finds that: 42 (a) The community property or liability was included in a prior 43 equal disposition of the community property of the parties or in an 44 unequal disposition of the community property of the parties 45 – 16 – - *SB395* which was made pursuant to written findings of a compelling 1 reason for making that unequal disposition; or 2 (b) The court determines a compelling reason in the interests 3 of justice to make an unequal disposition of the community 4 property or liability and sets forth in writing the reasons for 5 making the unequal disposition. 6 4. Except as otherwise provided in NRS 125.141, whether or 7 not application for suit money has been made under the provisions 8 of NRS 125.040, the court may award a reasonable attorney’s fee to 9 either party to an action for divorce. 10 [4.] 5. In granting a divorce, the court may also set apart such 11 portion of the [husband’s] separate property of either spouse for the 12 [wife’s] other spouse’s support [, the wife’s separate property for 13 the husband’s support] or the separate property of either spouse for 14 the support of their children as is deemed just and equitable. 15 [5.] 6. In the event of the death of either party or the 16 subsequent remarriage of the spouse to whom specified periodic 17 payments were to be made, all the payments required by the decree 18 must cease, unless it was otherwise ordered by the court. 19 [6.] 7. If the court adjudicates the property rights of the 20 parties, or an agreement by the parties settling their property rights 21 has been approved by the court, whether or not the court has 22 retained jurisdiction to modify them, the adjudication of property 23 rights, and the agreements settling property rights, may nevertheless 24 at any time thereafter be modified by the court upon written 25 stipulation signed and acknowledged by the parties to the action, 26 and in accordance with the terms thereof. 27 [7.] 8. If a decree of divorce, or an agreement between the 28 parties which was ratified, adopted or approved in a decree of 29 divorce, provides for specified periodic payments of alimony, the 30 decree or agreement is not subject to modification by the court as to 31 accrued payments. Payments pursuant to a decree entered on or after 32 July 1, 1975, which have not accrued at the time a motion for 33 modification is filed may be modified upon a showing of changed 34 circumstances, whether or not the court has expressly retained 35 jurisdiction for the modification. In addition to any other factors the 36 court considers relevant in determining whether to modify the order, 37 the court shall consider whether the income of the spouse who is 38 ordered to pay alimony, as indicated on the spouse’s federal income 39 tax return for the preceding calendar year, has been reduced to such 40 a level that the spouse is financially unable to pay the amount of 41 alimony the spouse has been ordered to pay. 42 [8.] 9. In addition to any other factors the court considers 43 relevant in determining whether to award alimony and the amount 44 of such an award, the court shall consider: 45 – 17 – - *SB395* (a) The financial condition of each spouse; 1 (b) The nature and value of the respective property of each 2 spouse; 3 (c) The contribution of each spouse to any property held by the 4 spouses pursuant to NRS 123.030; 5 (d) The duration of the marriage; 6 (e) The income, earning capacity, age and health of each spouse; 7 (f) The standard of living during the marriage; 8 (g) The career before the marriage of the spouse who would 9 receive the alimony; 10 (h) The existence of specialized education or training or the 11 level of marketable skills attained by each spouse during the 12 marriage; 13 (i) The contribution of either spouse as homemaker; 14 (j) The award of property granted by the court in the divorce, 15 other than child support and alimony, to the spouse who would 16 receive the alimony; and 17 (k) The physical and mental condition of each party as it relates 18 to the financial condition, health and ability to work of that spouse. 19 [9.] 10. In granting a divorce, the court shall consider the need 20 to grant alimony to a spouse for the purpose of obtaining training or 21 education relating to a job, career or profession. In addition to any 22 other factors the court considers relevant in determining whether 23 such alimony should be granted, the court shall consider: 24 (a) Whether the spouse who would pay such alimony has 25 obtained greater job skills or education during the marriage; and 26 (b) Whether the spouse who would receive such alimony 27 provided financial support while the other spouse obtained job skills 28 or education. 29 [10.] 11. If the court determines that alimony should be 30 awarded pursuant to the provisions of subsection [9:] 10: 31 (a) The court, in its order, shall provide for the time within 32 which the spouse who is the recipient of the alimony must 33 commence the training or education relating to a job, career or 34 profession. 35 (b) The spouse who is ordered to pay the alimony may, upon 36 changed circumstances, file a motion to modify the order. 37 (c) The spouse who is the recipient of the alimony may be 38 granted, in addition to any other alimony granted by the court, 39 money to provide for: 40 (1) Testing of the recipient’s skills relating to a job, career or 41 profession; 42 (2) Evaluation of the recipient’s abilities and goals relating to 43 a job, career or profession; 44 – 18 – - *SB395* (3) Guidance for the recipient in establishing a specific plan 1 for training or education relating to a job, career or profession; 2 (4) Subsidization of an employer’s costs incurred in training 3 the recipient; 4 (5) Assisting the recipient to search for a job; or 5 (6) Payment of the costs of tuition, books and fees for: 6 (I) The equivalent of a high school diploma; 7 (II) College courses which are directly applicable to the 8 recipient’s goals for his or her career; or 9 (III) Courses of training in skills desirable for 10 employment. 11 [11.] 12. For the purposes of this section, a change of 20 12 percent or more in the gross monthly income of a spouse who is 13 ordered to pay alimony shall be deemed to constitute changed 14 circumstances requiring a review for modification of the payments 15 of alimony. As used in this subsection, “gross monthly income” has 16 the meaning ascribed to it in NRS 125B.070. 17 Sec. 28. NRS 125.181 is hereby amended to read as follows: 18 125.181 A marriage may be dissolved by the summary 19 procedure for divorce set forth in NRS 125.181 to 125.184, 20 inclusive, when all of the following conditions exist at the time the 21 proceeding is commenced: 22 1. Either party has met the jurisdictional requirements of 23 NRS 125.020. 24 2. The [husband and wife] spouses have lived separate and 25 apart for 1 year without cohabitation or they are incompatible. 26 3. There are no minor children of the relationship of the parties 27 born before or during the marriage or adopted by the parties during 28 the marriage and [the] a wife, to her knowledge, is not pregnant, or 29 the parties have executed an agreement as to the custody of any 30 children and setting forth the amount and manner of their support. 31 4. There is no community or joint property or the parties have 32 executed an agreement setting forth the division of community 33 property and the assumption of liabilities of the community, if any, 34 and have executed any deeds, certificates of title, bills of sale or 35 other evidence of transfer necessary to effectuate the agreement. 36 5. The parties waive any rights to spousal support or the parties 37 have executed an agreement setting forth the amount and manner of 38 spousal support. 39 6. The parties waive their respective rights to written notice of 40 entry of the decree of divorce, to appeal, to request findings of fact 41 and conclusions of law and to move for a new trial. 42 7. The parties desire that the court enter a decree of divorce. 43 – 19 – - *SB395* Sec. 29. NRS 125.182 is hereby amended to read as follows: 1 125.182 1. A summary proceeding for divorce may be 2 commenced by filing in any district court a joint petition, signed 3 under oath by both [the husband and the wife,] spouses, stating that 4 as of the date of filing, every condition set forth in NRS 125.181 has 5 been met and specifying the: 6 (a) Facts which support the jurisdictional requirements of NRS 7 125.020; and 8 (b) Grounds for the divorce. 9 2. The petition must also state: 10 (a) The date and the place of the marriage. 11 (b) The mailing address of both [the husband and the wife.] 12 spouses. 13 (c) Whether there are minor children of the relationship of the 14 parties born before or during the marriage or adopted by the parties 15 during the marriage, or [the] a wife, to her knowledge, is pregnant. 16 (d) Whether [the wife] either spouse elects to have his or her 17 maiden or former name restored and, if so, the name to be restored. 18 3. An affidavit of corroboration of residency which complies 19 with the provisions of subsections 1, 2 and 4 of NRS 125.123 must 20 accompany the petition. If there is a marital settlement agreement 21 which the parties wish the court to approve or make a part of the 22 decree, it must be identified and attached to the petition as an 23 exhibit. 24 Sec. 30. NRS 125.210 is hereby amended to read as follows: 25 125.210 1. Except as otherwise provided in subsection 2, in 26 any action brought pursuant to NRS 125.190, the court may: 27 (a) Assign and decree to either spouse the possession of any real 28 or personal property of the other spouse; 29 (b) Order or decree the payment of a fixed sum of money for the 30 support of the other spouse and their children; 31 (c) Provide that the payment of that money be secured upon real 32 estate or other security, or make any other suitable provision; and 33 (d) Determine the time and manner in which the payments must 34 be made. 35 2. The court may not: 36 (a) Assign and decree to either spouse the possession of any real 37 or personal property of the other spouse; or 38 (b) Order or decree the payment of a fixed sum of money for the 39 support of the other spouse, 40 ¬ if it is contrary to a premarital agreement between the spouses 41 which is enforceable pursuant to chapter 123A of NRS. 42 3. Except as otherwise provided in chapter 130 of NRS, the 43 court may change, modify or revoke its orders and decrees from 44 time to time. 45 – 20 – - *SB395* 4. No order or decree is effective beyond the joint lives of the 1 [husband and wife.] spouses. 2 Sec. 31. NRS 125.320 is hereby amended to read as follows: 3 125.320 1. When the consent of the father, mother, guardian 4 or district court, as required by NRS 122.020 or 122.025, has not 5 been obtained, the marriage is void from the time its nullity is 6 declared by a court of competent jurisdiction. 7 2. If the consent required by NRS 122.020 or 122.025 is not 8 first obtained, the marriage contracted without the consent of the 9 father, mother, guardian or district court may be annulled upon 10 application by or on behalf of the person who fails to obtain such 11 consent, unless such person after reaching the age of 18 years freely 12 cohabits for any time with the other party to the marriage as 13 [husband and wife.] a married couple. Any such annulment 14 proceedings must be brought within 1 year after such person reaches 15 the age of 18 years. 16 Sec. 32. NRS 125.330 is hereby amended to read as follows: 17 125.330 1. When either of the parties to a marriage for want 18 of understanding shall be incapable of assenting thereto, the 19 marriage shall be void from the time its nullity shall be declared by 20 a court of competent authority. 21 2. The marriage of any insane person shall not be adjudged 22 void, after his or her restoration to reason, if it shall appear that the 23 parties freely cohabited together as [husband and wife] a married 24 couple after such insane person was restored to a sound mind. 25 Sec. 33. NRS 125.340 is hereby amended to read as follows: 26 125.340 1. If the consent of either party was obtained by 27 fraud and fraud has been proved, the marriage shall be void from the 28 time its nullity shall be declared by a court of competent authority. 29 2. No marriage may be annulled for fraud if the parties to the 30 marriage voluntarily cohabit as [husband and wife] a married 31 couple having received knowledge of such fraud. 32 Sec. 34. NRS 125A.515 is hereby amended to read as follows: 33 125A.515 1. Unless the court issues a temporary emergency 34 order pursuant to NRS 125A.335, upon a finding that a petitioner is 35 entitled to immediate physical custody of the child, the court shall 36 order that the petitioner may take immediate physical custody of the 37 child unless the respondent establishes that: 38 (a) The child custody determination has not been registered and 39 confirmed pursuant to NRS 125A.465 and that: 40 (1) The issuing court did not have jurisdiction pursuant to 41 NRS 125A.305 to 125A.395, inclusive; 42 (2) The child custody determination for which enforcement 43 is sought has been vacated, stayed or modified by a court of a state 44 – 21 – - *SB395* having jurisdiction to do so pursuant to NRS 125A.305 to 1 125A.395, inclusive; or 2 (3) The respondent was entitled to notice, but notice was not 3 given in accordance with the standards of NRS 125A.255, in the 4 proceedings before the court that issued the order for which 5 enforcement is sought; or 6 (b) The child custody determination for which enforcement is 7 sought was registered and confirmed pursuant to NRS 125A.465, 8 but has been vacated, stayed or modified by a court of a state having 9 jurisdiction to do so pursuant to NRS 125A.305 to 125A.395, 10 inclusive. 11 2. The court shall award the fees, costs and expenses 12 authorized pursuant to NRS 125A.535 and may grant additional 13 relief, including a request for the assistance of law enforcement 14 officers, and set a further hearing to determine whether additional 15 relief is appropriate. 16 3. If a party called to testify refuses to answer on the ground 17 that the testimony may be self-incriminating, the court may draw an 18 adverse inference from the refusal. 19 4. A privilege against disclosure of communications between 20 spouses and a defense of immunity based on the relationship of 21 [husband and wife] a married couple or parent and child may not be 22 invoked in a proceeding conducted pursuant to NRS 125A.405 to 23 125A.585, inclusive. 24 Sec. 35. NRS 130.316 is hereby amended to read as follows: 25 130.316 1. The physical presence of a nonresident party who 26 is a natural person in a tribunal of this State is not required for the 27 establishment, enforcement or modification of a support order or the 28 rendition of a judgment determining parentage. 29 2. An affidavit, a document substantially complying with 30 federally mandated forms or a document incorporated by reference 31 in any of them, which would not be excluded under the hearsay rule 32 in NRS 51.065 if given in person, is admissible in evidence if given 33 under penalty of perjury by a party or witness residing in another 34 state. 35 3. A copy of the record of child-support payments certified as a 36 true copy of the original by the custodian of the record may be 37 forwarded to a responding tribunal. The copy is evidence of facts 38 asserted therein and is admissible to show whether payments were 39 made. 40 4. Copies of bills for testing for parentage, and for prenatal and 41 postnatal health care of the mother and child, furnished to the 42 adverse party at least 20 days before trial are admissible in evidence 43 to prove the amount of the charges billed and that the charges were 44 reasonable, necessary and customary. 45 – 22 – - *SB395* 5. Documentary evidence transmitted from another state to a 1 tribunal of this State by telephone, telecopier or other means that do 2 not provide an original record may not be excluded from evidence 3 on an objection based on the means of transmission. 4 6. In a proceeding under this chapter, a tribunal of this State 5 shall permit a party or witness residing in another state to be 6 deposed or to testify by telephone, audiovisual means or other 7 electronic means at a designated tribunal or other location in that 8 state. A tribunal of this State shall cooperate with tribunals of other 9 states in designating an appropriate location for the deposition or 10 testimony. 11 7. In a civil proceeding under this chapter, if a party called to 12 testify refuses to answer a question on the ground that the testimony 13 may be self-incriminating, the trier of fact may draw an adverse 14 inference from the refusal. 15 8. A privilege against the disclosure of communications 16 between [husband and wife] spouses does not apply in a proceeding 17 under this chapter. 18 9. The defense of immunity based on the relationship of 19 [husband and wife] a married couple or parent and child does not 20 apply in a proceeding under this chapter. 21 10. A voluntary acknowledgment of paternity, certified as a 22 true copy, is admissible to establish parentage of the child. 23 Sec. 36. NRS 12.020 is hereby amended to read as follows: 24 12.020 A [husband and wife] married couple may sue jointly 25 on all causes of action belonging to either or both of them, except: 26 1. When the action is for personal injuries, the spouse having 27 sustained personal injuries is a necessary party; and 28 2. When the action is for compensation for services rendered, 29 the spouse having rendered the services is a necessary party. 30 Sec. 37. NRS 12.030 is hereby amended to read as follows: 31 12.030 If [husband and wife are] a married couple is sued 32 together, either or both may defend, and if either neglects to defend, 33 the other may defend for both. 34 Sec. 38. NRS 12.040 is hereby amended to read as follows: 35 12.040 When a [husband] spouse has deserted his or her 36 family, the [wife] other spouse may prosecute or defend in his or 37 her name any action which he or she might have prosecuted or 38 defended, and shall have the same powers and rights therein as he or 39 she might have . [, and, under like circumstances, the husband shall 40 have the same right.] 41 Sec. 39. NRS 49.295 is hereby amended to read as follows: 42 49.295 1. Except as otherwise provided in subsections 2 and 43 3 and NRS 49.305: 44 – 23 – - *SB395* (a) A [husband] married person cannot be examined as a 1 witness for or against his or her [wife] spouse without his or her 2 consent . [, nor a wife for or against her husband without her 3 consent.] 4 (b) [Neither a husband nor a wife] No spouse can be examined, 5 during the marriage or afterwards, without the consent of the other 6 [,] spouse, as to any communication made by one to the other during 7 marriage. 8 2. The provisions of subsection 1 do not apply to a: 9 (a) Civil proceeding brought by or on behalf of one spouse 10 against the other spouse; 11 (b) Proceeding to commit or otherwise place a spouse, the 12 property of the spouse or both the spouse and the property of the 13 spouse under the control of another because of the alleged mental or 14 physical condition of the spouse; 15 (c) Proceeding brought by or on behalf of a spouse to establish 16 his or her competence; 17 (d) Proceeding in the juvenile court or family court pursuant to 18 title 5 of NRS or NRS 432B.410 to 432B.590, inclusive; or 19 (e) Criminal proceeding in which one spouse is charged with: 20 (1) A crime against the person or the property of the other 21 spouse or of a child of either, or of a child in the custody or control 22 of either, whether the crime was committed before or during 23 marriage. 24 (2) Bigamy or incest. 25 (3) A crime related to abandonment of a child or nonsupport 26 of the other spouse or child. 27 3. The provisions of subsection 1 do not apply in any criminal 28 proceeding to events which took place before the [husband and 29 wife] spouses were married. 30 Sec. 40. NRS 49.305 is hereby amended to read as follows: 31 49.305 When a [husband or wife] married person is insane, 32 and has been so declared by a court of competent jurisdiction, the 33 other spouse shall be a competent witness to testify as to any fact 34 which transpired before or during such insanity, but the privilege of 35 so testifying shall cease when the party declared insane has been 36 found by a court of competent jurisdiction to be of sound mind, and 37 the [husband and wife] married couple shall then have the 38 testimonial limitations and privileges provided in NRS 49.295. 39 Sec. 41. NRS 111.063 is hereby amended to read as follows: 40 111.063 Tenancy in common in real or personal property may 41 be created by a single conveyance from [a husband and wife] 42 spouses holding title as joint tenants to themselves, or to themselves 43 and others, or to one of them and others, when such conveyance 44 – 24 – - *SB395* expressly declares that the grantees thereunder are tenants in 1 common. 2 Sec. 42. NRS 111.064 is hereby amended to read as follows: 3 111.064 1. Estates as tenants in common or estates in 4 community property may be created by conveyance from [husband 5 and wife] spouses to themselves or to themselves and others or from 6 a sole owner to himself or herself and others in the same manner as 7 a joint tenancy may be created. 8 2. A right of survivorship does not arise when an estate in 9 community property is created in a [husband and wife,] married 10 couple, as such, unless the instrument creating the estate expressly 11 declares that the [husband and wife] married couple take the 12 property as community property with a right of survivorship. This 13 right of survivorship is extinguished whenever either spouse, during 14 the marriage, transfers the spouse’s interest in the community 15 property. 16 Sec. 43. NRS 111.065 is hereby amended to read as follows: 17 111.065 1. Joint tenancy in real property may be created by a 18 single will or transfer when expressly declared in the will or transfer 19 to be a joint tenancy, or by transfer from a sole owner to himself or 20 herself and others, or from tenants in common to themselves, or to 21 themselves and others, or to one of them and others, or from a 22 [husband and wife] married couple when holding title as 23 community property or otherwise to themselves, or to themselves 24 and others, or to one of them and others, when expressly declared in 25 the transfer to be a joint tenancy, or when granted or devised to 26 executors or trustees as joint tenants. 27 2. A joint tenancy in personal property may be created by a 28 written transfer, agreement or instrument. 29 Sec. 44. NRS 111.673 is hereby amended to read as follows: 30 111.673 The owner of an interest in property who creates a 31 deed upon death may designate in the deed: 32 1. Multiple beneficiaries who will take title to the property 33 upon his or her death as joint tenants with right of survivorship, 34 tenants in common, [husband and wife] a married couple as 35 community property, community property with right of survivorship 36 or any other tenancy that is recognized in this State. 37 2. The beneficiary or beneficiaries who will take title to the 38 property upon his or her death as the sole and separate property of 39 the beneficiary or beneficiaries without the necessity of the filing of 40 a quitclaim deed or disclaimer by the spouse of any beneficiary. 41 Sec. 45. NRS 111.781 is hereby amended to read as follows: 42 111.781 1. Except as otherwise provided by the express 43 terms of a governing instrument, a court order or a contract relating 44 to the division of the marital estate made between the divorced 45 – 25 – - *SB395* persons before or after the marriage, divorce or annulment, the 1 divorce or annulment of a marriage: 2 (a) Revokes any revocable: 3 (1) Disposition or appointment of property made by a 4 divorced person to his or her former spouse in a governing 5 instrument and any disposition or appointment created by law or in a 6 governing instrument to a relative of the divorced person’s former 7 spouse; 8 (2) Provision in a governing instrument conferring a general 9 or nongeneral power of appointment on the divorced person’s 10 former spouse or on a relative of the divorced person’s former 11 spouse; and 12 (3) Nomination in a governing instrument that nominates a 13 divorced person’s former spouse or a relative of the divorced 14 person’s former spouse to serve in any fiduciary or representative 15 capacity, including a personal representative capacity, including a 16 personal representative, executor, trustee, conservator, agent or 17 guardian; and 18 (b) Severs the interest of the former spouses in property held by 19 them at the time of the divorce or annulment as joint tenants with 20 the right of survivorship or as community property with a right of 21 survivorship and transforms the interests of the former spouses into 22 equal tenancies in common. 23 2. A severance under paragraph (b) of subsection 1 does not 24 affect any third-party interest in property acquired for value and in 25 good faith reliance on an apparent title by survivorship in the 26 survivor of the former spouses unless a writing declaring the 27 severance has been noted, registered, filed or recorded in records 28 appropriate to the kind and location of the property which records 29 are relied upon, in the ordinary course of transactions involving such 30 property, as evidence of ownership. 31 3. The provisions of a governing instrument are given effect as 32 if the former spouse and relatives of the former spouse disclaimed 33 all provisions revoked by this section or, in the case of a revoked 34 nomination in a fiduciary or representative capacity, as if the former 35 spouse and relatives of the former spouse died immediately before 36 the divorce or annulment. 37 4. Any provisions revoked solely by this section are revived by 38 the divorced person’s remarriage to the former spouse or by a 39 nullification of the divorce or annulment. 40 5. Unless a court in an action commenced pursuant to chapter 41 125 of NRS specifically orders otherwise, a restraining order 42 entered pursuant to NRS 125.050 does not preclude a party to such 43 an action from making or changing beneficiary designations that 44 specify who will receive the party’s assets upon the party’s death. 45 – 26 – - *SB395* 6. A payor or other third party is not liable for having made a 1 payment or transferred an item of property or any other benefit to a 2 beneficiary designated in a governing instrument affected by the 3 provisions of this section or for having taken any other action in 4 good faith reliance on the validity of the governing instrument 5 before the payor or other third party received written or actual notice 6 of any event affecting a beneficiary designation. A payor or other 7 third party is liable for a payment made or other action taken after 8 the payor or other third party received written or actual notice of a 9 claimed forfeiture or revocation under this section. 10 7. Written notice of the divorce, annulment or remarriage or 11 written notice of a complaint or petition for divorce or annulment 12 must be mailed to the payor’s or other third party’s main office or 13 home by registered or certified mail, return receipt requested, or 14 served upon the payor or other third party in the same manner as a 15 summons in a civil action. Upon receipt of written notice of the 16 divorce, annulment or remarriage, a payor or other third party may 17 pay any amount owed or transfer or deposit any item of property 18 held by it to or with the court having jurisdiction of the probate 19 proceedings relating to the decedent’s estate or, if no proceedings 20 have been commenced, to or with the court having jurisdiction of 21 probate proceedings relating to decedents’ estates located in the 22 county of the decedent’s residence. The court shall hold the funds or 23 item of property and, upon its determination under this section, shall 24 order disbursement or transfer in accordance with the determination. 25 Payments, transfers or deposits made to or with the court discharge 26 the payor or other third party from all claims for the value of 27 amounts paid to or items of property transferred to or deposited with 28 the court. 29 8. A person who purchases property from a former spouse, 30 relative of a former spouse or any other person for value and 31 without notice, or who receives from a former spouse, relative of a 32 former spouse or any other person a payment or other item of 33 property in partial or full satisfaction of a legally enforceable 34 obligation, is neither obligated under this section to return the 35 payment, item of property or benefit nor is liable under this section 36 for the amount of the payment or the value of the item of property or 37 benefit. A former spouse, relative of a former spouse or other person 38 who, not for value, received a payment, item of property or any 39 other benefit to which that person is not entitled under this section is 40 obligated to return the payment, item of property or benefit or is 41 personally liable for the amount of the payment or the value of the 42 item of property or benefit to the person who is entitled to it under 43 this section. 44 – 27 – - *SB395* 9. If this section or any part of this section is preempted by 1 federal law with respect to a payment, an item of property or any 2 other benefit covered by this section, a former spouse, relative of the 3 former spouse or any other person who, not for value, received a 4 payment, item of property or any other benefit to which that person 5 is not entitled under this section is obligated to return that payment, 6 item of property or benefit or is personally liable for the amount of 7 the payment or the value of the item of property or benefit to the 8 person who would have been entitled to it were this section or part 9 of this section not preempted. 10 10. As used in this section: 11 (a) “Disposition or appointment of property” includes a transfer 12 of an item of property or any other benefit to a beneficiary 13 designated in a governing instrument. 14 (b) “Divorce or annulment” means any divorce or annulment or 15 any dissolution or declaration of invalidity of a marriage. A decree 16 of separation that does not terminate the status of [husband and 17 wife] a married couple is not a divorce for purposes of this section. 18 (c) “Divorced person” includes a person whose marriage has 19 been annulled. 20 (d) “Governing instrument” means a governing instrument 21 executed by a divorced person before the divorce or annulment of 22 the person’s marriage to the person’s former spouse. 23 (e) “Relative of the divorced person’s former spouse” means a 24 person who is related to the divorced person’s former spouse by 25 blood, adoption or affinity and who, after the divorce or annulment, 26 is not related to the divorced person by blood, adoption or affinity. 27 (f) “Revocable,” with respect to a disposition, appointment, 28 provision or nomination, means one under which the divorced 29 person, at the time of the divorce or annulment, was alone 30 empowered, by law or under the governing instrument, to cancel the 31 designation in favor of the person’s former spouse or former 32 spouse’s relative, whether or not the divorced person was then 33 empowered to designate himself or herself in place of his or her 34 former spouse or in place of his or her former spouse’s relative and 35 whether or not the divorced person then had the capacity to exercise 36 the power. 37 Sec. 46. NRS 115.005 is hereby amended to read as follows: 38 115.005 As used in this chapter, unless the context otherwise 39 requires: 40 1. “Equity” means the amount that is determined by subtracting 41 from the fair market value of the property the value of any liens 42 excepted from the homestead exemption pursuant to subsection 3 of 43 NRS 115.010 or NRS 115.090. 44 2. “Homestead” means the property consisting of: 45 – 28 – - *SB395* (a) A quantity of land, together with the dwelling house thereon 1 and its appurtenances; 2 (b) A mobile home whether or not the underlying land is owned 3 by the claimant; or 4 (c) A unit, whether real or personal property, existing pursuant 5 to chapter 116 or 117 of NRS, with any appurtenant limited 6 common elements and its interest in the common elements of the 7 common-interest community, 8 ¬ to be selected by [the husband and wife,] both spouses, or either 9 of them, or a single person claiming the homestead. 10 Sec. 47. NRS 115.010 is hereby amended to read as follows: 11 115.010 1. The homestead is not subject to forced sale on 12 execution or any final process from any court, except as otherwise 13 provided by subsections 2, 3 and 5, and NRS 115.090 and except as 14 otherwise required by federal law. 15 2. The exemption provided in subsection 1 extends only to that 16 amount of equity in the property held by the claimant which does 17 not exceed $550,000 in value, unless allodial title has been 18 established and not relinquished, in which case the exemption 19 provided in subsection 1 extends to all equity in the dwelling, its 20 appurtenances and the land on which it is located. 21 3. Except as otherwise provided in subsection 4, the exemption 22 provided in subsection 1 does not extend to process to enforce the 23 payment of obligations contracted for the purchase of the property, 24 or for improvements made thereon, including any mechanic’s lien 25 lawfully obtained, or for legal taxes, or for: 26 (a) Any mortgage or deed of trust thereon executed and given, 27 including, without limitation, any second or subsequent mortgage, 28 mortgage obtained through refinancing, line of credit taken against 29 the property and a home equity loan; or 30 (b) Any lien to which prior consent has been given through the 31 acceptance of property subject to any recorded declaration of 32 restrictions, deed restriction, restrictive covenant or equitable 33 servitude, specifically including any lien in favor of an association 34 pursuant to NRS 116.3116 or 117.070, 35 ¬ by both [husband and wife,] spouses, when that relation exists. 36 4. If allodial title has been established and not relinquished, the 37 exemption provided in subsection 1 extends to process to enforce 38 the payment of obligations contracted for the purchase of the 39 property, and for improvements made thereon, including any 40 mechanic’s lien lawfully obtained, and for legal taxes levied by a 41 state or local government, and for: 42 (a) Any mortgage or deed of trust thereon; and 43 (b) Any lien even if prior consent has been given through the 44 acceptance of property subject to any recorded declaration of 45 – 29 – - *SB395* restrictions, deed restriction, restrictive covenant or equitable 1 servitude, specifically including any lien in favor of an association 2 pursuant to NRS 116.3116 or 117.070, 3 ¬ unless a waiver for the specific obligation to which the judgment 4 relates has been executed by all allodial titleholders of the property. 5 5. Establishment of allodial title does not exempt the property 6 from forfeiture pursuant to NRS 179.1156 to 179.121, inclusive, 7 179.1211 to 179.1235, inclusive, or 207.350 to 207.520, inclusive. 8 6. Any declaration of homestead which has been filed before 9 July 1, 2007, shall be deemed to have been amended on that date by 10 extending the homestead exemption commensurate with any 11 increase in the amount of equity held by the claimant in the property 12 selected and claimed for the exemption up to the amount permitted 13 by law on that date, but the increase does not impair the right of any 14 creditor to execute upon the property when that right existed before 15 July 1, 2007. 16 Sec. 48. NRS 115.020 is hereby amended to read as follows: 17 115.020 1. The selection must be made by either [the 18 husband or wife,] spouse, or both of them, or the single person, 19 declaring an intention in writing to claim the property as a 20 homestead. The selection may be made on the form prescribed by 21 the Real Estate Division of the Department of Business and Industry 22 pursuant to NRS 115.025. 23 2. The declaration must state: 24 (a) When made by a married person or persons, that they or 25 either of them are married, or if not married, that he or she is a 26 householder. 27 (b) When made by a married person or persons, that they or 28 either of them, as the case may be, are, at the time of making the 29 declaration, residing with their family, or with the person or persons 30 under their care and maintenance, on the premises, particularly 31 describing the premises. 32 (c) When made by any claimant under this section, that it is their 33 or his or her intention to use and claim the property as a homestead. 34 3. The declaration must be signed by the person or persons 35 making it and acknowledged and recorded as conveyances affecting 36 real property are required to be acknowledged and recorded. If the 37 property declared upon as a homestead is the separate property of 38 either spouse, both must join in the execution and acknowledgment 39 of the declaration. 40 4. If a person solicits another person to allow the soliciting 41 person to file a declaration of homestead on behalf of the other 42 person and charges or accepts a fee or other valuable consideration 43 for recording the declaration of homestead for the other person, the 44 soliciting person shall, before the declaration is recorded or before 45 – 30 – - *SB395* the fee or other valuable consideration is charged to or accepted 1 from the other person, provide that person with a notice written in 2 bold type which states that: 3 (a) Except for the fee which may be charged by the county 4 recorder for recording a declaration of homestead, a declaration of 5 homestead may be recorded in the county in which the property is 6 located without the payment of a fee; and 7 (b) The person may record the declaration of homestead on his 8 or her own behalf. 9 ¬ The notice must clearly indicate the amount of the fee which may 10 be charged by the county recorder for recording a declaration of 11 homestead. 12 5. The rights acquired by declaring a homestead are not 13 extinguished by the conveyance of the underlying property in trust 14 for the benefit of the person or persons who declared it. A trustee 15 may by similar declaration claim property, held by the trustee, as a 16 homestead for the settlor or for one or more beneficiaries of the 17 trust, or both, if the person or persons for whom the claim is made 18 reside on or in the property. 19 6. A person who violates the provisions of subsection 4 is 20 guilty of a misdemeanor. 21 Sec. 49. NRS 115.040 is hereby amended to read as follows: 22 115.040 1. A mortgage or alienation of any kind, made for 23 the purpose of securing a loan or indebtedness upon the homestead 24 property, is not valid for any purpose, unless the signature of [the 25 husband and wife,] both spouses, when that relationship exists, is 26 obtained to the mortgage or alienation and their signatures are 27 properly acknowledged. 28 2. The homestead property shall not be deemed to be 29 abandoned without a declaration thereof in writing, signed and 30 acknowledged by both [husband and wife,] spouses, or the single 31 person claiming the homestead, and recorded in the same office and 32 in the same manner as the declaration of claim to the homestead is 33 required to be recorded. 34 3. If either spouse is not a resident of this State, the signature 35 of the spouse and the acknowledgment thereof is not necessary to 36 the validity of any mortgage or alienation of the homestead before it 37 becomes the homestead of the debtor. 38 Sec. 50. NRS 115.050 is hereby amended to read as follows: 39 115.050 1. Whenever execution has been issued against the 40 property of a party claiming the property as a homestead, and the 41 creditor in the judgment makes an oath before the judge 42 of the district court of the county in which the property is situated 43 that the amount of equity held by the claimant in the property 44 exceeds, to the best of the creditor’s information and belief, the sum 45 – 31 – - *SB395* of $550,000, the judge shall, upon notice to the debtor, appoint three 1 disinterested and competent persons as appraisers to estimate and 2 report as to the amount of equity held by the claimant in the 3 property and, if the amount of equity exceeds the sum of $550,000, 4 determine whether the property can be divided so as to leave the 5 property subject to the homestead exemption without material 6 injury. 7 2. If it appears, upon the report, to the satisfaction of the judge 8 that the property can be thus divided, the judge shall order the 9 excess to be sold under execution. If it appears that the property 10 cannot be thus divided, and the amount of equity held by the 11 claimant in the property exceeds the exemption allowed by this 12 chapter, the judge shall order the entire property to be sold, and out 13 of the proceeds the sum of $550,000 to be paid to the defendant in 14 execution, and the excess to be applied to the satisfaction on the 15 execution. No bid under $550,000 may be received by the officer 16 making the sale. 17 3. When the execution is against a husband or wife, the judge 18 may direct the $550,000 to be deposited in court, to be paid out only 19 upon the joint receipt of [the husband and wife,] both spouses, and 20 the deposit possesses all the protection against legal process and 21 voluntary disposition by either spouse as did the original homestead. 22 Sec. 51. NRS 115.060 is hereby amended to read as follows: 23 115.060 Except as otherwise provided in a premarital 24 agreement between [the husband and wife] two spouses which is 25 enforceable pursuant to chapter 123A of NRS: 26 1. If the property declared upon as a homestead is community 27 property, the [husband and wife] married couple shall be deemed to 28 hold the homestead as community property with a right of 29 survivorship. Upon the death of either spouse: 30 (a) The exemption of the homestead from execution continues, 31 without further filing, as to any debt or liability existing against the 32 spouses, or either of them, until the death of the survivor and 33 thereafter as to any debt or liability existing against the survivor at 34 the time of the survivor’s death. 35 (b) The property vests absolutely in the survivor. 36 2. If the property declared upon as a homestead is the separate 37 property of either spouse, the [husband and wife] married couple 38 shall be deemed to hold the right to exemption of the homestead 39 from execution jointly while both spouses are living. If the property 40 retains its character as separate property until the death of one or the 41 other of the spouses: 42 (a) If it is the separate property of the survivor, the exemption of 43 the homestead continues. 44 – 32 – - *SB395* (b) If it was the separate property of the decedent, the exemption 1 of the homestead from execution continues as to any debt or liability 2 existing against the spouses, or either of them, at the time of death 3 of the decedent but ceases as to any subsequent debt or liability of 4 the survivor. 5 (c) The property belongs to the person, or his or her heirs, to 6 whom it belonged when filed upon as a homestead. 7 3. If the property declared upon as a homestead is the property 8 of a single person, upon the death of the single person: 9 (a) The exemption of the homestead from execution continues, 10 without further filing, as to any debt or liability existing against the 11 person at the time of his or her death and as to any subsequent debt 12 or liability against a person who was living in his or her house at the 13 time of his or her death, if that person continues to reside on the 14 homestead property and is related to him or her by consanguinity or 15 affinity, even if the person through whom the relation by affinity 16 was created predeceased the declarant. 17 (b) The right of enjoyment of the property belongs to each 18 person described in paragraph (a) until that person no longer 19 qualifies under that paragraph. 20 4. If two or more persons who are not related by consanguinity 21 or affinity have claimed as a homestead their respective undivided 22 interests in a single parcel of land or a mobile home, upon the death 23 of one the exemption of the entire property from execution 24 continues as to any debt or liability of the decedent and the other 25 declarants until the death of the last declarant to die, but only for the 26 benefit of a declarant who continues to reside on or in the property. 27 Sec. 52. NRS 159.057 is hereby amended to read as follows: 28 159.057 1. Where the appointment of a guardian is sought for 29 two or more proposed wards who are children of a common parent, 30 parent and child or [husband and wife,] married couple, it is not 31 necessary that separate petitions, bonds and other papers be filed 32 with respect to each proposed ward or wards. 33 2. If a guardian is appointed for such wards, the guardian: 34 (a) Shall keep separate accounts of the estate of each ward; 35 (b) May make investments for each ward; 36 (c) May compromise and settle claims against one or more 37 wards; and 38 (d) May sell, lease, mortgage or otherwise manage the property 39 of one or more wards. 40 3. The guardianship may be terminated with respect to less 41 than all the wards in the same manner as provided by law with 42 respect to a guardianship of a single ward. 43 – 33 – - *SB395* Sec. 53. NRS 166A.220 is hereby amended to read as follows: 1 166A.220 1. Beneficial interests in a custodial trust created 2 for multiple beneficiaries are deemed to be separate custodial trusts 3 of equal undivided interests for each beneficiary. Except in a 4 transfer or declaration for use and benefit of [husband and wife,] a 5 married couple, for whom survivorship is presumed, a right of 6 survivorship does not exist unless the instrument creating the 7 custodial trust specifically provides for survivorship or survivorship 8 is required as to community or marital property. 9 2. Custodial trust property held under this chapter by the same 10 custodial trustee for the use and benefit of the same beneficiary may 11 be administered as a single custodial trust. 12 3. A custodial trustee of custodial trust property held for more 13 than one beneficiary shall separately account to each beneficiary 14 pursuant to NRS 166A.230 and 166A.310 for the administration of 15 the custodial trust. 16 Sec. 54. NRS 201.070 is hereby amended to read as follows: 17 201.070 1. No other or greater evidence is required to prove 18 the marriage of the [husband and wife,] spouses, or that the 19 defendant is the father or mother of the child or children, than is 20 required to prove such facts in a civil action. 21 2. In no prosecution under NRS 201.015 to 201.080, inclusive, 22 does any existing statute or rule of law prohibiting the disclosure of 23 confidential communications between [husband and wife] spouses 24 apply, and both [husband and wife] spouses are competent 25 witnesses to testify against each other to any and all relevant 26 matters, including the fact of the marriage and the parentage of any 27 child or children, but neither may be compelled to give evidence 28 incriminating himself or herself. 29 3. Proof of the failure of the defendant to provide for the 30 support of the spouse, child or children, is prima facie evidence that 31 such failure was knowing. 32 Sec. 55. NRS 201.160 is hereby amended to read as follows: 33 201.160 1. Bigamy consists in the having of two [wives or 34 two husbands] spouses at one time, knowing that the former 35 [husband or wife] spouse is still alive. 36 2. If a married person marries any other person while the 37 former [husband or wife] spouse is alive, the person so offending is 38 guilty of a category D felony and shall be punished as provided in 39 NRS 193.130. 40 3. It is not necessary to prove either of the marriages by the 41 register and certificate thereof, or other record evidence, but those 42 marriages may be proved by such evidence as is admissible to prove 43 a marriage in other cases, and when the second marriage has taken 44 – 34 – - *SB395* place without this State, cohabitation in this State after the second 1 marriage constitutes the commission of the crime of bigamy. 2 4. This section does not extend: 3 (a) To a person whose [husband or wife] spouse has been 4 continually absent from that person for the space of 5 years before 5 the second marriage, if he or she did not know the husband or wife 6 to be living within that time. 7 (b) To a person who is, at the time of the second marriage, 8 divorced by lawful authority from the bonds of the former marriage, 9 or to a person where the former marriage has been by lawful 10 authority declared void. 11 Sec. 56. Chapter 246 of NRS is hereby amended by adding 12 thereto a new section to read as follows: 13 1. The board of county commissioners may impose by 14 ordinance an additional fee of not more than $14 for the issuance 15 of a marriage license. 16 2. An ordinance adopted pursuant to subsection 1 must 17 include a provision creating a special revenue fund designated as 18 the fund for the promotion of marriage tourism. Any money 19 collected from a fee imposed pursuant to subsection 1 must be 20 paid by the county clerk to the county treasurer, and the county 21 treasurer shall deposit the money received in the fund. 22 3. Any interest earned on money in the fund, after deducting 23 any applicable charges, must be credited to the fund. 24 4. Any money remaining in the fund at the end of a fiscal 25 year must not revert to the county general fund, and the balance 26 in the fund must be carried forward to the next fiscal year. 27 5. The money in the fund: 28 (a) Must be used by the county clerk only to promote wedding 29 tourism in the county. 30 (b) Must not be used to replace or supplant any money 31 available to fund the regular operations of the office of the county 32 clerk. 33 6. If a board of county commissioners adopts an ordinance 34 pursuant to subsection 1, on or before July 1 of each year, the 35 county clerk shall submit to the board of county commissioners a 36 report of the projected expenditures of the money in the fund for 37 the following fiscal year. 38 Sec. 57. NRS 268.594 is hereby amended to read as follows: 39 268.594 1. Whenever it is necessary for the purposes of NRS 40 268.570 to 268.608, inclusive, to determine the number or identity 41 of the record owners of real property in a territory proposed to be 42 annexed, a list of such owners, certified by the county assessor on 43 any date between the institution of the proceedings, as provided in 44 NRS 268.584, and the public hearing, as provided in NRS 268.590, 45 – 35 – - *SB395* both dates inclusive, shall be prima facie evidence that only those 1 persons named thereon are such owners. 2 2. A petition or protest is sufficient for the purposes of NRS 3 268.570 to 268.608, inclusive, as to any lot or parcel of real property 4 which is owned: 5 (a) As community property, if it is signed by [the husband.] one 6 spouse. 7 (b) By two persons, either natural or artificial, other than as 8 community property, if signed by both such owners. 9 (c) By more than two persons, either natural or artificial, if 10 signed by a majority of such owners. 11 (d) Either wholly or in part, by an artificial person, if it is signed 12 by an authorized agent and accompanied by a copy of such 13 authorization. 14 Sec. 58. NRS 325.050 is hereby amended to read as follows: 15 325.050 1. Within 6 months after the first publication of the 16 notice provided for in NRS 325.040, each person, company, 17 corporation or association claiming to be an occupant or occupants, 18 or to have, possess or be entitled to the right of occupancy or 19 possession of such lands, or any block, lot, share or parcel thereof, 20 shall, in person or by the duly authorized attorney of the person, 21 company, corporation or association, sign a written statement 22 containing a correct description of the particular parcel or parts in 23 which the person, company, corporation or association claims to be 24 entitled to receive, and deliver the same to, or into the office of, the 25 corporate authorities or the judge of the district court. 26 2. All applications for conveyances under this chapter for the 27 benefit of minors and insane persons shall be made by the guardian 28 or trustee of such minor or insane person. All applications for such 29 conveyances for the benefit of married [women] persons may be 30 made by their [husbands,] spouses, if in this state, but in case of the 31 absence of the [husband] spouse from this state or his or her refusal 32 to make such application, then a married [woman] person may 33 apply in his or her own name. 34 3. Except as provided in subsection 4 and in NRS 325.130, all 35 persons, companies, corporations or associations or their heirs, 36 successors or assigns failing to sign and deliver such statement 37 within the time specified in subsection 1 shall be forever debarred 38 the right of claiming or recovering such lands or any interest or 39 entail therein, or in any part, parcel or share thereof, in any court of 40 law or equity. 41 4. The bar to the right of claiming or recovering such lands or 42 any interest or entail therein as provided in subsection 3 shall not 43 apply to minors or insane persons. 44 – 36 – - *SB395* Sec. 59. NRS 425.3832 is hereby amended to read as follows: 1 425.3832 1. Except as otherwise provided in this chapter, a 2 hearing conducted pursuant to NRS 425.382 to 425.3852, inclusive, 3 must be conducted in accordance with the provisions of this section 4 by a qualified master appointed pursuant to NRS 425.381. 5 2. Subpoenas may be issued by: 6 (a) The master. 7 (b) The attorney of record for the office. 8 ¬ Obedience to the subpoena may be compelled in the same 9 manner as provided in chapter 22 of NRS. A witness appearing 10 pursuant to a subpoena, other than a party or an officer or employee 11 of the Chief, is entitled to receive the fees and payment for mileage 12 prescribed for a witness in a civil action. 13 3. Except as otherwise provided in this section, the master need 14 not observe strict rules of evidence but shall apply those rules of 15 evidence prescribed in NRS 233B.123. 16 4. The affidavit of any party who resides outside of the judicial 17 district is admissible as evidence regarding the duty of support, any 18 arrearages and the establishment of paternity. The master may 19 continue the hearing to allow procedures for discovery regarding 20 any matter set forth in the affidavit. 21 5. The physical presence of a person seeking the establishment, 22 enforcement, modification or adjustment of an order for the support 23 of a dependent child or the establishment of paternity is not 24 required. 25 6. A verified petition, an affidavit, a document substantially 26 complying with federally mandated forms and a document 27 incorporated by reference in any of them, not excluded under NRS 28 51.065 if given in person, is admissible in evidence if given under 29 oath by a party or witness residing outside of the judicial district. 30 7. A copy of the record of payments for the support of a 31 dependent child, certified as a true copy of the original by the 32 custodian of the record, may be forwarded to the master. The copy 33 is evidence of facts asserted therein and is admissible to show 34 whether payments were made. 35 8. Copies of bills for testing for paternity, and for prenatal and 36 postnatal health care of the mother and child, furnished to the 37 adverse party at least 20 days before the hearing, are admissible in 38 evidence to prove the amount of the charges billed and that the 39 charges were reasonable, necessary and customary. 40 9. Documentary evidence transmitted from outside of the 41 judicial district by telephone, telecopier or other means that do not 42 provide an original writing may not be excluded from evidence on 43 an objection based on the means of transmission. 44 10. The master may: 45 – 37 – - *SB395* (a) Conduct a hearing by telephone, audiovisual means or other 1 electronic means outside of the judicial district in which the master 2 is appointed. 3 (b) Permit a party or witness residing outside of the judicial 4 district to be deposed or to testify by telephone, audiovisual means 5 or other electronic means before a designated court or at another 6 location outside of the judicial district. 7 ¬ The master shall cooperate with courts outside of the judicial 8 district in designating an appropriate location for the hearing, 9 deposition or testimony. 10 11. If a party called to testify at a hearing refuses to answer a 11 question on the ground that the testimony may be self-incriminating, 12 the master may draw an adverse inference from the refusal. 13 12. A privilege against the disclosure of communications 14 between [husband and wife] spouses does not apply. 15 13. The defense of immunity based on the relationship of 16 [husband and wife] a married couple or parent and child does not 17 apply. 18 Sec. 60. NRS 440.280 is hereby amended to read as follows: 19 440.280 1. If a birth occurs in a hospital or the mother and 20 child are immediately transported to a hospital, the person in charge 21 of the hospital or his or her designated representative shall obtain 22 the necessary information, prepare a birth certificate, secure the 23 signatures required by the certificate and file it within 10 days with 24 the health officer of the registration district where the birth occurred. 25 The physician in attendance shall provide the medical information 26 required by the certificate and certify to the fact of birth within 72 27 hours after the birth. If the physician does not certify to the fact of 28 birth within the required 72 hours, the person in charge of the 29 hospital or the designated representative shall complete and sign the 30 certification. 31 2. If a birth occurs outside a hospital and the mother and child 32 are not immediately transported to a hospital, the birth certificate 33 must be prepared and filed by one of the following persons in the 34 following order of priority: 35 (a) The physician in attendance at or immediately after the birth. 36 (b) Any other person in attendance at or immediately after the 37 birth. 38 (c) The father, mother or, if the father is absent and the mother is 39 incapacitated, the person in charge of the premises where the birth 40 occurred. 41 3. If a birth occurs in a moving conveyance, the place of birth 42 is the place where the child is removed from the conveyance. 43 – 38 – - *SB395* 4. In cities, the certificate of birth must be filed sooner than 10 1 days after the birth if so required by municipal ordinance or 2 regulation. 3 5. If the mother was: 4 (a) Married at the time of birth, the name of her [husband] 5 spouse must be entered on the certificate as the [father] other parent 6 of the child unless: 7 (1) A court has issued an order establishing that a person 8 other than the mother’s [husband] spouse is the [father] other 9 parent of the child; or 10 (2) The mother and a person other than the mother’s 11 [husband] spouse have signed a declaration for the voluntary 12 acknowledgment of paternity developed by the Board pursuant to 13 NRS 440.283. 14 (b) Widowed at the time of birth but married at the time of 15 conception, the name of her [husband] spouse at the time of 16 conception must be entered on the certificate as the [father] other 17 parent of the child unless: 18 (1) A court has issued an order establishing that a person 19 other than the mother’s [husband] spouse at the time of conception 20 is the [father] other parent of the child; or 21 (2) The mother and a person other than the mother’s 22 [husband] spouse at the time of conception have signed a 23 declaration for the voluntary acknowledgment of paternity 24 developed by the Board pursuant to NRS 440.283. 25 6. If the mother was unmarried at the time of birth, the name of 26 the [father] other parent may be entered on the original certificate 27 of birth only if: 28 (a) The provisions of paragraph (b) of subsection 5 are 29 applicable; 30 (b) A court has issued an order establishing that the person is the 31 [father] other parent of the child; or 32 (c) The [mother and father] parents of the child have signed a 33 declaration for the voluntary acknowledgment of paternity 34 developed by the Board pursuant to NRS 440.283. If both [the father 35 and mother] parents execute a declaration consenting to the use of 36 the surname of [the father] one parent as the surname of the child, 37 the name of [the father] that parent must be entered on the original 38 certificate of birth and the surname of [the father] that parent must 39 be entered thereon as the surname of the child. 40 7. An order entered or a declaration executed pursuant to 41 subsection 6 must be submitted to the local health officer, the local 42 health officer’s authorized representative, or the attending physician 43 or midwife before a proper certificate of birth is forwarded to the 44 State Registrar. The order or declaration must then be delivered to 45 – 39 – - *SB395* the State Registrar for filing. The State Registrar’s file of orders and 1 declarations must be sealed and the contents of the file may be 2 examined only upon order of a court of competent jurisdiction or at 3 the request of [the father or mother] either parent or the Division of 4 Welfare and Supportive Services of the Department of Health and 5 Human Services as necessary to carry out the provisions of 42 6 U.S.C. § 654a. The local health officer shall complete the original 7 certificate of birth in accordance with subsection 6 and other 8 provisions of this chapter. 9 8. As used in this section, “court” has the meaning ascribed to 10 it in NRS 125B.004. 11 Sec. 61. NRS 445B.805 is hereby amended to read as follows: 12 445B.805 The provisions of NRS 445B.800 do not apply to: 13 1. Transfer of registration or ownership between: 14 (a) [Husband and wife;] Spouses; or 15 (b) Companies whose principal business is leasing of vehicles, if 16 there is no change in the lessee or operator of the vehicle. 17 2. Motor vehicles which are subject to prorated registration 18 pursuant to the provisions of NRS 706.801 to 706.861, inclusive, 19 and which are not based in this State. 20 3. Transfer of registration if evidence of compliance was issued 21 within 90 days before the transfer. 22 4. A consignee who is conducting a consignment auction 23 which meets the requirements set forth in NRS 445B.807 if the 24 consignee: 25 (a) Informs the buyer, using a form, including, without 26 limitation, an electronic form, if applicable, as approved by the 27 Department of Motor Vehicles, that the consignee is not required to 28 obtain an inspection or testing of the motor vehicle pursuant to the 29 regulations adopted by the Commission under NRS 445B.770 and 30 that any such inspection or testing that is required must be obtained 31 by the buyer before the buyer registers the motor vehicle; 32 (b) Posts a notice in a conspicuous location at the site of the 33 consignment auction or, if applicable, on the Internet website on 34 which the consignment auction is conducted, and includes a notice 35 in any document published by the consignee that lists the vehicles 36 available for the consignment auction or solicits persons to bid at the 37 consignment auction, stating that the consignee is exempt from any 38 requirement to obtain an inspection or testing of a motor vehicle 39 pursuant to the regulations adopted by the Commission under NRS 40 445B.770 if the motor vehicle is sold at the consignment auction; 41 and 42 (c) Makes the vehicle available for inspection before the 43 consignment auction: 44 – 40 – - *SB395* (1) In the case of a live auction with an auctioneer verbally 1 calling for and accepting bids, at the location of the consignment 2 auction; or 3 (2) In the case of an auction that is conducted on an auction 4 website on the Internet by a consignee who is certified pursuant to 5 subsection 2 of NRS 445B.807, at the primary place of business of 6 the consignee conducting the consignment auction. 7 Sec. 62. NRS 598B.110 is hereby amended to read as follows: 8 598B.110 1. A creditor shall consider the combined income 9 of both [husband and wife] spouses for the purpose of extending 10 credit to a married couple and shall not exclude the income of either 11 without just cause. The creditor shall determine the creditworthiness 12 of the couple upon a reasonable evaluation of the past, present and 13 foreseeable economic circumstances of both spouses. 14 2. A request for the signatures of both parties to a marriage for 15 the purpose of creating a valid lien or passing clear title, waiving 16 inchoate rights to property or assigning earnings, does not constitute 17 credit discrimination. 18 3. An inquiry of marital status does not constitute 19 discrimination for the purposes of this chapter if such inquiry is for 20 the purpose of ascertaining the creditor’s rights and remedies 21 applicable to the particular extension of credit, and not to 22 discriminate in a determination of creditworthiness. 23 4. Consideration or application of state property laws directly 24 or indirectly affecting creditworthiness does not constitute 25 discrimination for the purposes of this chapter. 26 Sec. 63. NRS 645B.015 is hereby amended to read as follows: 27 645B.015 Except as otherwise provided in NRS 645B.016, the 28 Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 29 12 U.S.C. §§ 5101 et seq., and any regulations adopted pursuant 30 thereto and other applicable law, the provisions of this chapter do 31 not apply to: 32 1. Any person doing business under the laws of this State, any 33 other state or the United States relating to banks, savings banks, 34 trust companies, savings and loan associations, industrial loan 35 companies, credit unions, thrift companies or insurance companies, 36 including, without limitation, a subsidiary or a holding company of 37 such a bank, company, association or union. 38 2. A real estate investment trust, as defined in 26 U.S.C. § 856, 39 unless the business conducted in this State is not subject to 40 supervision by the regulatory authority of the other jurisdiction, in 41 which case licensing pursuant to this chapter is required. 42 3. An employee benefit plan, as defined in 29 U.S.C. § 43 1002(3), if the loan is made directly from money in the plan by the 44 plan’s trustee. 45 – 41 – - *SB395* 4. An attorney at law rendering services in the performance of 1 his or her duties as an attorney at law. 2 5. A real estate broker rendering services in the performance of 3 his or her duties as a real estate broker. 4 6. Any person doing any act under an order of any court. 5 7. Any one natural person, or [husband and wife,] married 6 couple, who provides money for investment in commercial loans 7 secured by a lien on real property, on his or her own account, unless 8 such a person makes a loan secured by a lien on real property using 9 his or her own money and assigns all or a part of his or her interest 10 in the loan to another person, other than his or her spouse or child, 11 within 3 years after the date on which the loan is made or the deed 12 of trust is recorded, whichever occurs later. 13 8. A natural person who only offers or negotiates terms of a 14 residential mortgage loan: 15 (a) With or on behalf of an immediate family member of the 16 person; or 17 (b) Secured by a dwelling that served as the person’s residence. 18 9. Agencies of the United States and of this State and its 19 political subdivisions, including the Public Employees’ Retirement 20 System. 21 10. A seller of real property who offers credit secured by a 22 mortgage of the property sold. 23 11. A nonprofit agency or organization: 24 (a) Which provides self-help housing for a borrower who has 25 provided part of the labor to construct the dwelling securing the 26 borrower’s loan; 27 (b) Which does not charge or collect origination fees in 28 connection with the origination of residential mortgage loans; 29 (c) Which only makes residential mortgage loans at an interest 30 rate of 0 percent per annum; 31 (d) Whose volunteers, if any, do not receive compensation for 32 their services in the construction of a dwelling; 33 (e) Which does not profit from the sale of a dwelling to a 34 borrower; and 35 (f) Which maintains tax-exempt status under section 501(c)(3) 36 of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3). 37 12. A housing counseling agency approved by the United 38 States Department of Housing and Urban Development. 39 Sec. 64. NRS 645E.150 is hereby amended to read as follows: 40 645E.150 Except as otherwise provided in NRS 645E.160, the 41 Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 42 12 U.S.C. §§ 5101 et seq., and any regulations adopted pursuant 43 thereto or other applicable law, the provisions of this chapter do not 44 apply to: 45 – 42 – - *SB395* 1. Any person doing business under the laws of this State, any 1 other state or the United States relating to banks, savings banks, 2 trust companies, savings and loan associations, industrial loan 3 companies, credit unions, thrift companies or insurance companies, 4 including, without limitation, a subsidiary or a holding company of 5 such a bank, company, association or union. 6 2. A real estate investment trust, as defined in 26 U.S.C. § 856, 7 unless the business conducted in this State is not subject to 8 supervision by the regulatory authority of the other jurisdiction, in 9 which case licensing pursuant to this chapter is required. 10 3. An employee benefit plan, as defined in 29 U.S.C. § 11 1002(3), if the loan is made directly from money in the plan by the 12 plan’s trustee. 13 4. An attorney at law rendering services in the performance of 14 his or her duties as an attorney at law. 15 5. A real estate broker rendering services in the performance of 16 his or her duties as a real estate broker. 17 6. Any person doing any act under an order of any court. 18 7. Any one natural person, or [husband and wife,] married 19 couple, who provides money for investment in commercial loans 20 secured by a lien on real property, on his or her own account, unless 21 such a person makes a loan secured by a lien on real property using 22 his or her own money and assigns all or a part of his or her interest 23 in the loan to another person, other than his or her spouse or child, 24 within 3 years after the date on which the loan is made or the deed 25 of trust is recorded, whichever occurs later. 26 8. A natural person who only offers or negotiates terms of a 27 residential mortgage loan: 28 (a) With or on behalf of an immediate family member of the 29 person; or 30 (b) Secured by a dwelling that served as the person’s residence. 31 9. Agencies of the United States and of this State and its 32 political subdivisions, including the Public Employees’ Retirement 33 System. 34 10. A seller of real property who offers credit secured by a 35 mortgage of the property sold. 36 11. A nonprofit agency or organization: 37 (a) Which provides self-help housing for a borrower who has 38 provided part of the labor to construct the dwelling securing the 39 borrower’s loan; 40 (b) Which does not charge or collect origination fees in 41 connection with the origination of residential mortgage loans; 42 (c) Which only makes residential mortgage loans at an interest 43 rate of 0 percent per annum; 44 – 43 – - *SB395* (d) Whose volunteers, if any, do not receive compensation for 1 their services in the construction of a dwelling; and 2 (e) Which does not profit from the sale of a dwelling to a 3 borrower. 4 12. A housing counseling agency approved by the United 5 States Department of Housing and Urban Development. 6 Sec. 65. 1. This act becomes effective upon passage and 7 approval. 8 2. The amendatory provisions of sections 2, 3 and 5 to 55, 9 inclusive, and 57 to 64, inclusive, of this act expire by limitation on 10 the date on which a final court ruling is issued upholding Section 21 11 of Article 1 of the Nevada Constitution. 12 H

- Senate Bill No. 395–Senators Kihuen, Parks, Manendo, Atkinson, Ford; Spearman and Woodhouse CHAPTER.......... AN ACT relating to marriage; revising provisions relating to fees charged and collected for the issuance of a marriage license; authorizing a board of county commissioners to adopt an ordinance imposing an additional fee for the issuance of a marriage license which must be used to promote marriage tourism in the county; authorizing a county to provide a space at certain county clerk offices for the display of informational brochures of certain persons who perform weddings; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Section 1 of this bill 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 in which a commercial wedding chapel, a licensed business which operates principally for the performance of weddings in the county or a church or religious organization incorporated, organized or established in this State may place informational brochures for display. Under existing law, the county clerk is required to collect certain fees for the issuance of a marriage license. Sections 4 and 56 of this bill authorize a board of county commissioners in a county whose population is 700,000 or more (currently Clark County) to adopt an ordinance imposing an additional fee of not more than $14 for the issuance of a marriage license. Under section 56, if a board of county commissioners adopts such an ordinance, the fee must be deposited in a special revenue fund designated as the fund for the promotion of marriage tourism, and money in the fund must be used by the county clerk to promote marriage tourism in the county. Section 4 also specifically states that any administrative fee charged and collected by a county clerk’s office, including, without limitation, a fee for providing a copy of a marriage license, is separate from any fee charged and collected for the issuance of a marriage license. 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 a new section to read as follows: In each county whose population is 100,000 or more, the county may provide a space outside each office and branch office of the county clerk in which a commercial wedding chapel, a licensed business which operates principally for the performance of weddings in the county or a church or religious organization – 2 – - incorporated, organized or established in this State may place informational brochures for display. Secs. 2 and 3. (Deleted by amendment.) Sec. 4. NRS 122.060 is hereby amended to read as follows: 122.060 1. The county clerk is entitled to receive as his or her fee for issuing a marriage license the sum of $21. 2. The county clerk shall also at the time of issuing the marriage license: (a) Collect the sum of $10 and: (1) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, deposit the sum into the county general fund pursuant to NRS 246.180 for filing the originally signed certificate of marriage described in NRS 122.120. (2) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, pay it over to the county recorder as his or her fee for recording the originally signed certificate of marriage described in NRS 122.120. (b) Collect the additional fee described in subsection 2 of NRS 246.180, if the board of county commissioners has adopted an ordinance authorizing the collection of such fee, and deposit the fee pursuant to NRS 246.190. (c) Collect the additional fee imposed pursuant to section 56 of this act, if the board of county commissioners has adopted an ordinance imposing the fee. 3. The county clerk shall also at the time of issuing the marriage license collect the additional sum of $4 for the State of Nevada. The fees collected for the State must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of the State General Fund. The county treasurer shall remit quarterly all such fees deposited by the county clerk to the State Controller for credit to the State General Fund. 4. The county clerk shall also at the time of issuing the marriage license collect the additional sum of $25 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the county clerk to the State Controller for credit to that Account. 5. Any fee charged and collected pursuant to this section is separate and distinct from any administrative fee charged and – 3 – - collected by a county clerk’s office, including, without limitation, a fee for certifying a copy of a marriage license. Secs. 5-55. (Deleted by amendment.) Sec. 56. Chapter 246 of NRS is hereby amended by adding thereto a new section to read as follows: 1. In a county whose population is 700,000 or more, the board of county commissioners may impose by ordinance an additional fee of not more than $14 for the issuance of a marriage license. 2. An ordinance adopted pursuant to subsection 1 must include a provision creating a special revenue fund designated as the fund for the promotion of marriage tourism. Any money collected from a fee imposed pursuant to subsection 1 must be paid by the county clerk to the county treasurer, and the county treasurer shall deposit the money received in the fund. 3. Any interest earned on money in the fund, after deducting any applicable charges, must be credited to the fund. 4. Any money remaining in the fund at the end of a fiscal year must not revert to the county general fund, and the balance in the fund must be carried forward to the next fiscal year. 5. The money in the fund: (a) Must be used by the county clerk only to promote wedding tourism in the county. (b) Must not be used to replace or supplant any money available to fund the regular operations of the office of the county clerk. 6. If a board of county commissioners adopts an ordinance pursuant to subsection 1, on or before July 1 of each year, the county clerk shall submit to the board of county commissioners a report of the projected expenditures of the money in the fund for the following fiscal year. Secs. 57-64. (Deleted by amendment.) Sec. 65. This act becomes effective upon passage and approval. 20 ~~~~~ 15