71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3673
Sponsored by Representative WILLIAMS; Representative NELSON (at
the request of Oregon Association of County Clerks)
CHAPTER ................
AN ACT
Relating to county clerks; amending ORS 205.010, 205.130,
205.320, 205.323 and 205.327.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 205.010 is amended to read:
205.010. (1) 'Person' means an individual, organization,
corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two or
more persons having a joint or common interest or any other legal
or commercial entity.
(2) 'Recorded,' 'recording' and 'record' when used in reference
to chattel mortgages in the statutes of this state mean '
recorded or filed,' 'recording or filing' or 'record or file,' as
the context may require.
(3) 'Text' includes the words contained in the body of an
instrument to be recorded and the names of the transactions
contained in the instrument. The term does not include
instructions for completing the instrument, form numbers or
statutory references.
(4) 'Transaction' means any action required or permitted by
{ - law - } { + state law or rule or federal law or
regulation + }to be recorded including, but not limited to, any
transfer, encumbrance or release affecting title to or an
interest in real property.
SECTION 2. ORS 205.130 is amended to read:
205.130. The county clerk shall:
(1) Have the custody of, and safely keep and preserve all files
and records of deeds and mortgages of real property, and a record
of all maps, plats, contracts, powers of attorney and other
interests affecting the title to real property required or
permitted by law to be recorded.
(2) Record, or cause to be recorded, in a legible and permanent
manner, and keep in the office of the county clerk, all:
(a) Deeds and mortgages of real property, powers of attorney
and contracts affecting the title to real property, authorized by
law to be recorded, assignments thereof and of any interest
therein when properly acknowledged or proved and other interests
affecting the title to real property required or permitted by law
to be recorded;
(b) Certificates of sale of real property under execution or
order of court, or assignments thereof or of any interest therein
when properly acknowledged or proved; { - and - }
Enrolled House Bill 3673 (HB 3673-B) Page 1
(c) Certified copies of death certificates of any person
appearing in the county records as owning or having a claim or
interest in land in the county. A death certificate recorded in
the deed records of a county under this subsection is a public
record and is not subject to the disclosure limitations under ORS
432.121 { + ;
(d) Instruments presented for recording by the United States or
the State of Oregon, or a political subdivision of either, that
affect title to or an interest in real property or that lawfully
concern real property; and
(e) Instruments recognized under state law or rule or federal
law or regulation as affecting title to or an interest in real
property if the instrument is properly acknowledged or
proved + }.
(3) Keep and maintain:
(a) Deed and mortgage records;
(b) Statutory lien records;
(c) A record called the County Clerk Lien Record in which the
following shall be recorded:
(A) The warrants and orders of officers and agencies that are
required or permitted by law to be recorded; and
(B) All instruments presented for recordation when required or
permitted by law to be recorded that affect the title to or an
interest in real property, other than instruments recorded in the
deed and mortgage records or the statutory lien records;
(d) Releases, satisfactions, assignments, amendments and
modifications of recorded instruments; and
(e) Other instruments required or permitted by law to be
recorded not affecting interests in real property.
(4) Perform all the duties in regard to the recording and
indexing of deeds and mortgages of real property, contracts,
abstracts of judgments, notices of pendency, powers of attorney
and other interests when required or permitted by law to be
recorded that affect the title of real property, and in regard to
the entry of satisfaction and discharge of the same, together
with other documents required or permitted by law to be recorded.
(5) Incur no civil or criminal liability, either personally or
in an official capacity, for recording an instrument that does
not comply with the provisions of law that require or allow the
recording of the instrument.
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.
Enrolled House Bill 3673 (HB 3673-B) Page 2
(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.
Enrolled House Bill 3673 (HB 3673-B) Page 3
(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.
----------
Enrolled House Bill 3673 (HB 3673-B) Page 4
Passed by House May 29, 2001
Repassed by House June 18, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 14, 2001
...........................................................
President of Senate
Enrolled House Bill 3673 (HB 3673-B) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3673 (HB 3673-B) Page 6