71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 3673
 
LC 3677/HB 3673-A5
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3673
 
             By COMMITTEE ON RULES AND REDISTRICTING
 
                             June 12
 
  On page 1 of the printed A-engrossed bill, line 2, delete ' and
205.130' and insert ', 205.130, 205.320, 205.323 and 205.327'.
  On page 2, after line 33, insert:
  '  { +  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 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.
   { +  ' (d) Fees collected under ORS 205.323 for the Oregon
Land Information System Fund. + }
  '  { +  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.
  '  { +  SECTION 5. + } 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) Instruments that are otherwise exempt from recording or
filing fees under any provision of law;
  ' (c) Any satisfaction of judgment or certificate of
satisfaction of judgment; or
  ' (d) 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 { + , five percent shall
be credited for the benefit of the county clerk for the purposes
described in ORS 205.320 (18) + } and   { - 95 - }   { + 90 + }
percent shall be deposited and credited to the County Assessment
and Taxation Fund created under ORS 294.187.'.
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