71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3678
House Bill 3672
Sponsored by Representative WILLIAMS; Representative NELSON (at
the request of Oregon Association of County Clerks)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prescribes standards for recordable instruments.
Prohibits county clerk from recording instrument that fails to
meet standards after January 1, 2005.
A BILL FOR AN ACT
Relating to recording instruments; amending ORS 205.232, 205.234,
205.320 and 205.327.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 205.232 is amended to read:
205.232. Except as provided in ORS 205.327, a county clerk
shall not accept any instrument for recording unless { + : + }
{ - the text of the instrument is typed, written or printed in
8-point type or larger on paper that is not larger than 14 inches
long and 8-1/2 inches wide and which paper is of sufficient
quality for recording photographically. However, this section
does not apply to out-of-state notarial acts or to certified
copies of public records presented to a county clerk for
recording. - }
{ + (1) The document is prepared in black ink on white
20-pound paper that is 8-1/2 inches wide by 11 inches long;
(2) The first page of the document has a minimum top margin of
three inches, and the top margin on each additional page is at
least one inch;
(3) Every page of the document has a minimum left, right and
bottom margin of one inch;
(4) The type size is not smaller than the equivalent of
10-point Times New Roman font style or has no more than nine
lines of text per inch;
(5) The document is comprised of single sheets of paper with
writing on only one side and does not include continuous forms or
bound sheets;
(6) The document does not have any material attached or glued
to the pages; and
(7) The document does not have any colored marks, highlighted
text or stamps or seals that overlap text or signatures. + }
SECTION 2. ORS 205.234 is amended to read:
205.234. (1) When any instrument is presented to a county clerk
for recording, the first page of the instrument shall contain at
least:
(a) The names of the transactions as required in ORS
205.236 { + , which may be listed immediately below the top
margin as described in ORS 205.232 + };
(b) The names of the persons described in ORS 205.125 (1)(a)
and (b) and 205.160;
(c) The person and address (for mailing purposes only) to whom
the instrument will be delivered as provided in ORS 205.180;
(d) For instruments conveying or contracting to convey fee
title to any real estate and all memoranda of such instruments,
the true and actual consideration paid for such transfer as
required by ORS 93.030;
(e) For instruments conveying or contracting to convey fee
title to any real estate, the tax statement information required
by ORS 93.260; and
(f) For instruments recorded in the County Clerk Lien Record,
the information described in ORS 205.125 (1)(c) and (e).
(2) { - Notwithstanding ORS 205.327, if an instrument
presented for recording does not contain the information required
by subsection (1)(a) to (f) of this section, a cover sheet may be
prepared that contains the required information. The cover sheet
shall be prepared by the person presenting the instrument for
recording. The cover sheet may be attached to the instrument and
shall be recorded as a part of the instrument. Any errors in the
cover sheet shall not affect the transactions contained in the
instrument itself. The cover sheet need not be separately signed
or acknowledged. - } { + The information described in
subsections (1)(b) to (f) of this section may be written in the
left half of the top margin. + }
SECTION 3. ORS 205.320 is amended to read:
205.320. In every county there shall be charged and collected
in advance by the county clerk, for the benefit of the county,
the following fees, and no more, for the following purposes and
services:
(1) For filing and making entry when required by law of any
instrument required or permitted by law to be filed, when it is
not recorded, $5 for each page.
(2) For filing and making entry of the assignment or
satisfaction of any filed, but not recorded, instrument, $5 for
each page.
(3) For each official certificate, $3.75.
(4)(a) For purposes of this subsection, 'page' means one side
of a sheet { - 14 - } { + 11 + } inches, or less, long and
8-1/2 inches, or less, wide.
(b) For recording any instrument required or permitted by law
to be recorded, $5 for each page, but the minimum fee shall not
be less than $5.
(c) For supplying to private parties copies of records or
files, not more than $3.75 for locating a record requested by the
party and 25 cents for each page.
(d) For each official certificate, $3.75.
(5) For taking affidavit for and making and issuing marriage
license and registering the return thereof, $25.
(6) For solemnizing a marriage under ORS 106.120, $15. This
subsection does not require that the county clerk charge a fee
for solemnizing a marriage after normal working hours or on
Saturdays or legal holidays. This subsection does not prohibit a
county clerk from charging and accepting a personal payment for
solemnizing a marriage if otherwise authorized by ORS 106.120.
(7) For taking and certifying acknowledgment or proof of
execution of any instrument, the fee established in the schedule
adopted by the Secretary of State under ORS 194.164.
(8) For issuing any license required by law, other than a
marriage or liquor license, and for which no fee is otherwise
provided by law, $5.
(9) For any service the clerk may be required or authorized to
perform and for which no fee is provided by law, such fees as may
favorably compare with those established by this section for
similar services and as may be established by order or rule of
the county court or board of county commissioners.
(10) For recording any instrument under ORS 205.130 (2), as
required by ordinance pursuant to ORS 203.148.
(11) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional municipal
assessment lien recorded under ORS 93.643, $5.
(12) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional assignment,
release or satisfaction of any recorded instrument, $5.
(13) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional transaction
described under ORS 205.236, $5.
(14) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional lien recorded
under ORS 311.675, $5.
(15) For preparing and recording the certificate under ORS
517.280, $20 or such other fee that is established by the county
governing body.
(16) In addition to and not in lieu of of the fees charged
under subsection (4) of this section, for each additional claim
listed on an affidavit of annual compliance under ORS 517.210,
$5.
(17) In addition to and not in lieu of of the fees charged
under subsection (4) of this section, for each additional name
listed on a cooperative contract under ORS 62.360 (2) or for
recording the termination of a cooperative contract under ORS
62.360 (4), $5.
(18) Notwithstanding any other law, five percent of any fee or
tax that is not collected for the benefit of the county clerk
shall be deducted from the fee or tax. The moneys deducted shall
be expended for acquiring storage and retrieval systems, payment
of expenses incurred in collecting the fee or tax and maintaining
and restoring records as authorized by the county clerk. Moneys
collected under this subsection shall be deposited in a county
clerk records fund established by the county governing body. No
moneys shall be deducted under this subsection from:
(a) Fees collected for the Domestic Violence Fund under ORS
106.045.
(b) Fees collected for conciliation services under ORS 107.615.
(c) Real estate transfer taxes enacted prior to January 1,
1998.
SECTION 4. ORS 205.327 is amended to read:
205.327. When an instrument required or permitted by law to be
recorded is presented to a county clerk for recording, if the
instrument does not comply with the requirements of ORS 205.232
and 205.234, the county clerk shall record the instrument, but
shall charge and collect in advance a { - fee - }
{ + penalty + } of $20. The
{ - fee - } { + penalty + } authorized and collected under
this section shall be in addition to and not in lieu of the fees
charged under ORS 205.320 for recording the instrument.
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