Chapter 501 Oregon Laws 2001

AN ACT

SB 704

Relating to persons authorized to solemnize marriages; creating new provisions; and amending ORS 106.120, 106.130, 106.150, 106.165, 106.170, 106.990, 204.116, 205.246 and 205.323.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 106.120 is amended to read:

106.120. (1) Marriages may be solemnized by:

(a) Any judicial officer of the state;

(b) A county clerk;

[(d) Any minister of any church organized, carrying on its work and having congregations in this state, who is authorized by such church to solemnize marriages, and who has filed an Affidavit of Authority to Perform Marriages for record with the county clerk of the county in which the minister resides or in which the marriage is solemnized.]

(d) A clergyperson of any religious congregation or organization who is authorized by the congregation or organization to solemnize marriages.

(2) A person authorized to solemnize marriages under subsection (1) of this section may solemnize a marriage anywhere in this state.

[(3) In the case of a nonresident minister, the filing required by subsection (1)(d) of this section must be in any county in which the minister performs any marriage ceremony, but no minister shall be required to file such affidavit of authority in more than one county.]

[(4) The affidavit of authority shall be recorded by the county clerk in a book called “Authority to Solemnize Marriages,” for which the county clerk shall charge a fee for recording and indexing as set by ORS 205.320. The form of the Affidavit of Authority to Perform Marriages must be substantially as follows:]

______________________________________________________________________________

AFFIDAVIT OF AUTHORITY

TO PERFORM MARRIAGES

The __________ (name of organization) is organized and carries on its work in the State of Oregon. Its active meetings are located in __________ (city, town or county). The organization hereby finds __________ (name of person) is in good standing and is authorized by the organization to perform marriage ceremonies.

I am duly authorized by ____________________ (name of organization) to complete and submit this affidavit.

Signature of Official ____________________

Name of Official ____________________ (type or print name)

Title of Official ____________________

State of Oregon

County of __________

Subscribed and sworn to before me the ____ day of __________, 2____, by ______________.

__________________

Notary Public for Oregon

My commission expires: __________

______________________________________________________________________________

[(5) If a person is no longer a member in good standing of the organization that authorized the person to perform marriage ceremonies, the organization shall file an Affidavit of Revocation of Authority to Perform Marriages with the county clerk of the county where the original affidavit of authority was filed. The Affidavit of Revocation of Authority to Perform Marriages must be substantially as follows:]

______________________________________________________________________________

AFFIDAVIT OF

REVOCATION OF AUTHORITY

TO PERFORM MARRIAGES

The ____________________ (name of organization) is organized and carries on its work in the State of Oregon. Its active meetings are located in ____________________ (city, town or county). The organization hereby revokes the authority of ____________________ (name of person) filed in ____________________ (name of county) on the ____ day of ________, ______ (year) to perform marriage ceremonies.

I am duly authorized by ____________________ (name of organization) to complete and submit this affidavit.

Signature of Official ____________________

Name of Official ____________________ (type or print name)

Title of Official ____________________

State of Oregon

County of __________

Subscribed and sworn to before me the ____ day of __________, 2____, by ______________.

__________________

Notary Public for Oregon

My commission expires: __________

______________________________________________________________________________

[(6)] (3) A judicial officer of this state and a county clerk may charge and accept an agreed upon personal payment not to exceed $100 plus actual costs for the solemnization of a marriage if that solemnization is performed:

(a) At a place other than the courthouse where the judicial officer or county clerk serves; or

(b) Outside of the judicial officer’s or county clerk’s normal working hours.

[(7)] (4) The charging and accepting of a personal payment under subsection [(6)] (3) of this section shall not constitute a violation of any of the provisions of ORS chapter 244.

[(8)] (5) The amount of actual costs charged by a judicial officer or county clerk under subsection [(6)] (3) of this section shall not exceed:

(a) Actual expenses for food and lodging as verified by receipts.

(b) If travel is made by personal vehicle, the actual number of round-trip miles from the judicial officer’s or county clerk’s home or office, whichever is greater, compensated at the rate of reimbursement then provided by the State of Oregon to its employees or, if travel is made by a commercial carrier, reimbursement shall be made of the actual costs thereof, verified by receipts.

[(9)] (6) A judicial officer or county clerk shall maintain records of the amount of personal payments received for performing marriages, of actual costs and the supporting documentation related thereto for a period of four years.

[(10)] (7) As used in this section, “judicial officer” has the meaning given that term in ORS 1.210 and includes, but is not limited to, a judge of a municipal court and a justice of the peace.

SECTION 2. ORS 106.150 is amended to read:

106.150. (1) In the solemnization of a marriage no particular form is required except that the parties thereto shall assent or declare in the presence of the [minister] clergyperson, county clerk or judicial officer solemnizing the marriage and in the presence of at least two witnesses, that they take each other to be husband and wife.

(2) All marriages, to which there are no legal impediments, solemnized before or in any religious organization or congregation according to the established ritual or form commonly practiced therein, are valid. In such case, [a certificate containing the particulars specified in ORS 106.160 shall be made and filed for record by] the person presiding or officiating in such religious organization or congregation[, in like manner and with like effect as in ordinary cases] shall make and deliver to the county clerk who issued the marriage license the certificate described in ORS 106.170.

SECTION 3. ORS 106.170 is amended to read:

106.170. (1) A person solemnizing a marriage shall within one month thereafter make and deliver to the county clerk who issued the license for the marriage a certificate containing [the particulars specified in ORS 106.160.]:

(a) The names and addresses of the parties and the names of at least two witnesses;

(b) The date and place of the marriage;

(c) The date of the marriage license and the name of the county that issued the license;

(d) If the person who solemnized the marriage is a clergyperson, the name and location of the religious congregation or organization that authorized the person to solemnize marriages; and

(e) The signature of the person who solemnized the marriage.

(2) [Such] The certificate may be in the following form:

______________________________________________________________________________

State of Oregon, )

) ss.

County of ________, )

This is to certify that the undersigned ([minister or] judicial officer, county clerk or clergyperson, as the case may be), by authority of a marriage license bearing date the ______ of ______, 2____, and issued by the county clerk of the County of ________, did on the ______ day of ______, 2____, at the house of ________, in the county and state aforesaid, join in lawful wedlock, A. B., of the County of ________, and State of ________, and C. D., of the County of ________, and State of ________, with their mutual assent, in the presence of E. F. and G. H., witnesses. If the undersigned is a clergyperson, the authority to solemnize the marriage is granted by ________ (name of religious congregation or organization), located in ________ (city, town or county, and state or country).

Witness my hand.

J. P.

([Judge, justice of the peace or minister] Judicial officer, county clerk or clergyperson, as the case may be.)

______________________________________________________________________________

SECTION 4. The amendments to ORS 106.120, 106.150 and 106.170 by sections 1 to 3 of this 2001 Act apply only to marriage licenses issued on or after the effective date of this 2001 Act.

SECTION 5. ORS 106.130 is amended to read:

106.130. A marriage solemnized before any person professing to be a judicial officer of this state, a county clerk or a [minister of any church or] clergyperson of a religious congregation or organization therein is not void, nor shall the validity thereof be in any way affected, on account of any want of power or authority in such person, if such person was acting at the time in the office or the capacity of a person authorized to solemnize marriage and if such marriage is consummated with the belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.

SECTION 6. ORS 106.165 is amended to read:

106.165. (1) The Assistant Director for Health by rule shall prescribe a standard form of the marriage certificate to be used in this state. The certificate shall contain the names and addresses of the parties and of at least two witnesses, the [time] date and place of the marriage, the signature of the person who solemnized the marriage, the date of the license for the marriage and [by whom] the name of the county clerk who issued the license.

(2) The form shall be of such size and appearance as to emphasize the importance of the event [which] that it evidences and the significance of the pioneer heritage of this state.

(3) In carrying out the duties imposed by subsections (1) and (2) of this section, the Assistant Director for Health shall consult with the county clerks and may authorize a competition among graphic artists to prepare the form to be prescribed.

SECTION 7. ORS 106.990 is amended to read:

106.990. (1) Violation of ORS 106.079 is punishable, upon conviction, by a fine of not more than $100 or by imprisonment in the county jail for not more than 30 days, or both.

(2) Violation of ORS 106.110 or 106.140 is punishable upon conviction by imprisonment in the custody of the Department of Corrections or county jail for not more than one year, or by a fine of not more than $500 nor less than $100.

(3) Refusal or neglect to comply with [ORS 106.120 (4) or with] ORS 106.170 shall result in the forfeiture of a penalty of not less than $10 nor more than $50 to be recovered by action for every five days of such refusal or neglect.

SECTION 8. ORS 204.116 is amended to read:

204.116. (1) Except as otherwise provided by law, the governing body of each county shall fix the compensation of its own members and of every other county officer, deputy and employee when the compensation of such individuals is paid from county funds.

(2) Any commission, fees or other moneys received by a county officer, deputy or employee for services rendered in the course of that individual’s office or employment shall not be allowed to or retained by that individual, but shall promptly be paid into the county treasury except:

(a) For compensation fixed under subsection (1) of this section;

(b) As otherwise determined by the governing body of the county; or

SECTION 9. ORS 205.246 is amended to read:

205.246. (1) The county clerk shall record the following instruments required or permitted by law to be recorded and entered in the office of the county clerk:

(a) Fixture filings recorded in the office of the county clerk under ORS 79.3130 (1)(b);

(b) Hospital and physician liens recorded under ORS 87.565;

(d) Cooperative contracts recorded under ORS 62.360;

(e) Special district assessments attaching to real property;

(f) Lien foreclosure statements recorded under ORS 87.202;

(g) A certified copy of the judgment or a lien record abstract or other liens affecting the title to real property;

(h) Building code exemptions required under ORS 455.320 and 455.345;

(i) Construction liens recorded under ORS 87.050;

(j) Liens upon chattels recorded under ORS 87.246;

(k) Liens on real property recorded under ORS 87.372;

(L) Employee benefit plan liens recorded under ORS 87.860;

(m) Attorney liens recorded under ORS 87.455 and 87.460;

(n) Long term care liens recorded under ORS 87.517;

(o) Ambulance services liens recorded under ORS 87.623;

(p) Agricultural producers liens recorded under ORS 87.720;

(q) Community property records recorded under ORS 108.530;

(r) Sheriff transfer of records recorded under ORS 206.100;

(s) Corrected instruments required under ORS 205.244;

(t) Mineral and mining records required under ORS 517.030, 517.052, 517.160, 517.180, 517.210, 517.220, 517.280, 517.310 and 517.320;

(u) Copies of records certified by a county clerk or court clerk;

(v) Subdivision and partition plats recorded under ORS 92.140; and

[(w) Authority to solemnize marriage recorded under ORS 106.120; and]

[(x)] (w) Condominiums recorded under ORS chapter 100.

(2) The county clerk shall charge and collect fees specified in ORS 205.320, 205.327 and 205.350 for recording any instrument required to be recorded under subsection (1) of this section.

(3) Indexes may be maintained for instruments recorded under subsection (1) of this section in the same manner as provided in ORS 205.160.

SECTION 10. ORS 205.323 is amended to read:

205.323. (1) Notwithstanding ORS 205.320, and in addition to and not in lieu of the fees charged and collected under ORS 205.320 and other fees, the following fees shall be charged and collected for the recording or filing of any instrument described in ORS 205.130:

(a) A fee of $1, to be credited as provided in subsection (3)(a) of this section; and

(b) A fee of $10, to be credited as provided in subsection (3)(b) of this section.

(2) Subsection (1) of this section does not apply to the recording or filing of the following:

[(a) Evidence of authority to solemnize marriages under ORS chapter 106;]

[(b)] (a) Instruments that are otherwise exempt from recording or filing fees under any provision of law;

[(c)] (b) Any satisfaction of judgment or certificate of satisfaction of judgment; or

[(d)] (c) Internal county government instruments not otherwise charged a recording or filing fee.

(3) Of the amounts charged and collected under this section:

(a) The recording or filing fee charged and collected under subsection (1)(a) of this section shall be deposited and credited to the Oregon Land Information System Fund established under ORS 306.132; and

(b) Of the recording or filing fee charged and collected under subsection (1)(b) of this section, five percent shall be credited for the benefit of the county and 95 percent shall be deposited and credited to the County Assessment and Taxation Fund created under ORS 294.187.

Approved by the Governor June 21, 2001

Filed in the office of Secretary of State June 22, 2001

Effective date January 1, 2002

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