[Rev. 11/21/2013 10:25:12 AM--2013]

CHAPTER 246 - COUNTY CLERKS

GENERALLY

NRS 246.010           Election; term of office.

NRS 246.020           Oath and bond.

NRS 246.030           Deputies.

NRS 246.040           Office; hours to remain open.

NRS 246.060           Duties.

NRS 246.062           Duty to notify Court Administrator of adoption, repeal or amendment of county ordinance concerning criminal offense.

NRS 246.065           Facsimile signature.

NRS 246.070           Fees relating to public lands deposited in county general fund.

FILING OF CERTIFICATES OF MARRIAGE WITH COUNTY CLERK OF COUNTY WHOSE POPULATION IS 700,000 OR MORE

NRS 246.100           Adoption of ordinance.

NRS 246.110           Typed or printed names required on certificate; affidavit; noncompliance does not invalidate certificate.

NRS 246.120           Denial of request to file certificate; notice to requester; application to district court for order to file certificate; resubmission of certificate; immunity from liability.

NRS 246.130           Manner of filing certificates; conditional acceptance of certificate.

NRS 246.140           Duties of county clerk concerning certificate presented for filing; when certificate is considered filed.

NRS 246.150           Certificates to be filed in order received; maintenance and public inspection of records of transactions conducted in clerk’s office and fees collected.

NRS 246.160           Custody and responsibility for certificates filed with clerk’s office; public inspection of certificates.

NRS 246.170           Production of certified abstract of certificate in lieu of certified copy.

NRS 246.180           Fees.

NRS 246.190           Account for acquisition or improvement of technology used for issuing marriage licenses and filing certificates; annual report.

_________

GENERALLY

      NRS 246.010  Election; term of office.

      1.  County clerks shall be elected by the qualified electors of their respective counties.

      2.  County clerks shall be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective offices on the first Monday of January subsequent to their election.

      [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773] + [Part 17:108:1866; A 1921, 96; NCL § 4781]

      NRS 246.020  Oath and bond.

      1.  Each county clerk shall, before entering upon the duties of his or her office:

      (a) Take the oath prescribed by law.

      (b) Execute to the county a penal bond in the sum of $10,000, conditioned for the faithful discharge of the duties of his or her office, which bond must be approved by the district judge and recorded in the office of the county recorder, unless a blanket fidelity bond is furnished by the county.

      2.  In all counties where the county clerk is ex officio county recorder, the official bond of the county clerk must be recorded in the manner and place as provided in subsection 1, and immediately thereafter must be deposited for safekeeping in the office of the county treasurer.

      [3:82:1861; B § 2975; BH § 2100; C § 2319; RL § 1690; NCL § 2190] + [1:66:1891; C § 2352; RL § 2887; NCL § 4914]—(NRS A 1979, 288; 2001, 1733)

      NRS 246.030  Deputies.

      1.  All county clerks may appoint deputies, who are authorized to transact all official business pertaining to the office to the same extent as their principals. A deputy must be at least 18 years of age. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county clerk or the county by which the deputy is employed.

      2.  County clerks are responsible on their official bonds for all official malfeasance or nonfeasance of their deputies. Bonds for the faithful performance of their official duties may be required of deputies by county clerks.

      3.  All appointments of deputies under the provisions of this section must be in writing and must, together with the oath of office of the deputies, be recorded in the office of the recorder of the county within which the principal legally holds and exercises his or her office. Revocations of such appointments must be recorded in the same manner. From the time of the recording of the appointments or revocations, persons shall be deemed to have notice of the appointment or revocation.

      [Part 1:101:1864; A 1905, 33; 1913, 108; 1919 RL § 2848; NCL § 4848] + [2:101:1864; B § 3068; BH § 2280; C § 2452; RL § 2849; NCL § 4849] + [3:101:1864; B § 3069; BH § 2281; C § 2453; RL § 2850; NCL § 4850]—(NRS A 1969, 1462; 1993, 2431; 2001, 1733; 2005, 680)

      NRS 246.040  Office; hours to remain open.  County clerks shall keep an office at the county seat of their county which shall be kept open in accordance with the provisions of NRS 245.040.

      [Part 1:178:1907; A 1929, 255; 1955, 6, 471]

      NRS 246.060  Duties.

      1.  The county clerk shall be ex officio clerk of the board of county commissioners, and also clerk of the district court of his or her county.

      2.  The county clerk shall perform such duties as clerk of the district court and clerk of the board of county commissioners, as required by law, and all other duties required by any other law of this State.

      [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 4:82:1861; A 1933, 149; 1931 NCL § 2191]

      NRS 246.062  Duty to notify Court Administrator of adoption, repeal or amendment of county ordinance concerning criminal offense.  If the board of county commissioners adopts, repeals or amends an ordinance concerning a criminal offense, the county clerk shall mail a copy of the ordinance as adopted, repealed or amended to the Court Administrator.

      (Added to NRS by 1991, 1557)

      NRS 246.065  Facsimile signature.

      1.  Each county clerk is authorized to use a facsimile signature produced through a mechanical device in place of the county clerk’s handwritten signature whenever the necessity may arise and upon approval of the board of county commissioners, subject to the following conditions:

      (a) That the mechanical device shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.

      (b) That the use of the facsimile signature shall be made only under the direction and supervision of the county clerk whose signature it represents.

      (c) That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.

      2.  No facsimile signature produced through a mechanical device authorized by the provisions of this section shall be combined with the signature of another officer.

      (Added to NRS by 1959, 407)

      NRS 246.070  Fees relating to public lands deposited in county general fund.  The several county clerks, who are ex officio clerks of the district courts, and who are or may be authorized and empowered by any act of Congress to take and certify affidavits, applications and proofs for or relating to the location of the public lands of the United States, may not retain for their own use the fees and compensations allowed for such services but shall deposit the same in the county general fund.

      [1:83:1901; RL § 1614; NCL § 2090]—(NRS A 1969, 1463)

FILING OF CERTIFICATES OF MARRIAGE WITH COUNTY CLERK OF COUNTY WHOSE POPULATION IS 700,000 OR MORE

      NRS 246.100  Adoption of ordinance.  A board of county commissioners of a county whose population is 700,000 or more may adopt an ordinance requiring that certificates of marriage be filed in the office of the county clerk.

      (Added to NRS by 2007, 882; A 2011, 1128)

      NRS 246.110  Typed or printed names required on certificate; affidavit; noncompliance does not invalidate certificate.  Any certificate of marriage deposited for filing with the county clerk must have typed or legibly printed the names of all signers thereon, excluding those of the acknowledging officers and witnesses, beneath the original signatures. If a certificate of marriage does not contain the typed or printed names, the county clerk shall accept the certificate of marriage for filing if accompanied by an affidavit, for filing with the certificate of marriage, correctly spelling in legible print or type the signatures appearing on the certificate of marriage. Failure to print or type signatures as provided in this subsection does not invalidate the certificate of marriage.

      (Added to NRS by 2007, 883)

      NRS 246.120  Denial of request to file certificate; notice to requester; application to district court for order to file certificate; resubmission of certificate; immunity from liability.

      1.  A county clerk may deny a request to file a certificate of marriage if, within 2 judicial days after presentation of the certificate of marriage, the county clerk determines that the certificate of marriage is unauthorized, falsified or otherwise may not be lawfully filed. If a county clerk fails to make such a determination within the specified period, the county clerk shall file the certificate of marriage as soon as practicable, unless otherwise ordered by a court.

      2.  A county clerk who denies a request to file a certificate of marriage pursuant to subsection 1 shall retain a copy of the certificate of marriage and, within 2 judicial days after the county clerk denies the request, shall provide the requester with written notice, on a form prescribed by the county clerk, of:

      (a) The reason that the county clerk is denying the filing of the certificate of marriage;

      (b) The right of the requester to judicial review of the denial; and

      (c) The criminal penalty set forth in subsection 5.

      3.  If a county clerk fails to provide the notice required by subsection 2 within the specified period, the county clerk shall file the certificate of marriage as soon as practicable, unless otherwise ordered by a court.

      4.  If a request to file a certificate of marriage is denied pursuant to subsection 1, the requester may apply to the district court in the county in which the request was denied for an order to file the certificate of marriage. The court shall give this matter priority over other civil matters to which priority is not given by other statutes. If the requester prevails:

      (a) The requester is entitled to recover from the county clerk any filing fees that he or she paid related to the proceeding.

      (b) The county clerk shall file the certificate of marriage as soon as practicable.

      5.  If a county clerk denied the filing of a certificate of marriage pursuant to subsection 1, a person shall not resubmit the certificate of marriage for filing unless the certificate of marriage has been modified in such a manner that it may be lawfully filed or the person has obtained a court order pursuant to subsection 4. Unless a greater penalty is provided by NRS 239.330, a violation of this subsection is a misdemeanor.

      6.  Except as otherwise provided in paragraph (a) of subsection 4, a county clerk who acts in good faith in denying the filing of a certificate of marriage pursuant to this section is immune from liability for damages to the requester or any person whom the certificate of marriage concerns or affects.

      (Added to NRS by 2007, 882)

      NRS 246.130  Manner of filing certificates; conditional acceptance of certificate.

      1.  Except as otherwise provided in NRS 246.120, if a board of county commissioners adopts an ordinance pursuant to NRS 246.100, the county clerk shall, upon the payment of the fees prescribed in NRS 246.180, file separately, in a manner which will allow a legible copy to be made, certificates of marriage.

      2.  Before accepting for filing any certificate of marriage, the county clerk shall require that a certificate of marriage be suitable for filing by a method used by the county clerk to preserve the county clerk’s records. If any rights may be adversely affected because of a delay in filing caused by this requirement, the county clerk shall accept the certificate of marriage conditionally subject to submission of a suitable certificate of marriage at a later date. Before accepting a certificate of marriage conditionally, the county clerk shall require the person who requests the filing to sign a statement that the person has been advised of the requirements described in this subsection and shall file the statement with the certificate of marriage.

      (Added to NRS by 2007, 882)

      NRS 246.140  Duties of county clerk concerning certificate presented for filing; when certificate is considered filed.

      1.  When a certificate of marriage is required by law to be filed in the office of the county clerk, the county clerk shall:

      (a) Endorse upon the certificate of marriage the time when it was received, noting:

             (1) The year, month, day, hour and minute of its reception;

             (2) The document number; and

             (3) The amount of fees collected for filing the certificate of marriage.

      (b) File the certificate of marriage without delay.

      (c) Note at the upper right corner of the certificate of marriage the exact time of its reception and the name of the person at whose request it was filed.

      (d) Upon request, place a stamp or other notation upon one copy of the certificate of marriage presented at the time of filing to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that the county clerk received the original, and return the copy to the person who presented it.

      2.  A certificate of marriage is filed when the information required pursuant to this section is placed on the document and is entered in the record of the county clerk.

      (Added to NRS by 2007, 884)

      NRS 246.150  Certificates to be filed in order received; maintenance and public inspection of records of transactions conducted in clerk’s office and fees collected.  Each county clerk shall:

      1.  Except as otherwise provided in NRS 246.120, file each certificate of marriage in the order in which it is received;

      2.  Maintain a record of all transactions conducted within the office and a record of all fees collected; and

      3.  Make the records maintained pursuant to subsection 2 available for public inspection during regular business hours.

      (Added to NRS by 2007, 884)

      NRS 246.160  Custody and responsibility for certificates filed with clerk’s office; public inspection of certificates.

      1.  Each county clerk shall take custody of and is responsible for all certificates of marriage filed with his or her office.

      2.  All certificates of marriage on file in the office of the county clerk must, during office hours, be open for inspection by any person without charge.

      (Added to NRS by 2007, 884)

      NRS 246.170  Production of certified abstract of certificate in lieu of certified copy.  In lieu of producing a certified copy of a certificate of marriage, the county clerk may produce an abstract of the filed certificate of marriage and may certify the abstract in his or her official name and title, and under his or her official seal.

      (Added to NRS by 2007, 883)

      NRS 246.180  Fees.

      1.  If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, the county clerk shall charge and collect the following fees:

      (a) For filing any certificate of marriage, $10.

      (b) For copying any certificate of marriage, $1 per page.

      (c) For a certified copy of a certificate of marriage, $10.

      (d) For a certified abstract of a certificate of marriage, $10.

      (e) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The 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 credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the State Controller for credit to that Account.

      2.  In addition to the fees described in subsection 1, a county clerk may charge and collect an additional fee not to exceed $3 for filing a certificate of marriage, if the board of county commissioners has adopted an ordinance authorizing the additional fee. The county clerk shall pay to the county treasurer the amount of fees collected by the county clerk pursuant to this subsection for credit to the account established pursuant to NRS 246.190.

      3.  A county clerk shall charge and collect the fees specified in this section for copying a document specified in this section at the request of the State of Nevada or any city or town within the county. For copying, and for the county clerk’s certificate and seal upon the copy, the county clerk shall charge the regular fee.

      4.  Except as otherwise provided in an ordinance adopted pursuant to NRS 244.207, county clerks shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees related to filing certificates of marriage collected during the preceding month.

      5.  For purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his or her official capacity.

      (Added to NRS by 2007, 883; A 2009, 264)

      NRS 246.190  Account for acquisition or improvement of technology used for issuing marriage licenses and filing certificates; annual report.

      1.  If a county clerk imposes an additional fee pursuant to subsection 2 of NRS 246.180, the proceeds collected from such a fee must be accounted for separately in the county general fund. Any interest earned on money in the account, after deducting any applicable charges, must be credited to the account. Money that remains in the account at the end of a fiscal year does not revert to the county general fund, and the balance in the account must be carried forward to the next fiscal year.

      2.  The money in the account must be used only to acquire technology for or to improve the technology used in the office of the county clerk for the issuance of marriage licenses and the filing of certificates of marriage, including, without limitation, costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.

      3.  The county clerk shall submit an annual report to the board of county commissioners which contains:

      (a) An estimate of the proceeds that the county clerk will collect from the additional fee imposed pursuant to subsection 2 of NRS 246.180 in the following fiscal year; and

      (b) A proposal for expenditures of the proceeds from the additional fee imposed pursuant to subsection 2 of NRS 246.180 for the costs related to the technology required for the office of the county clerk for the following fiscal year.

      (Added to NRS by 2007, 884)