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 3091
 
                         House Bill 3853
 
Sponsored by Representative MERKLEY; Representative KAFOURY
 
 
                             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.
 
  Imposes additional $5 fee for recording or filing certain
documents, to be collected by county clerk and transferred to
Housing and Community Services Department for specified purposes.
  Removes sunset on Home Ownership Assistance Account.
 
                        A BILL FOR AN ACT
Relating to housing; creating new provisions; amending ORS
  205.323; and repealing sections 4 and 5, chapter 174, Oregon
  Laws 1995.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 { + ; and
  (c) A fee of $5, to be credited as provided in subsection
(3)(c) 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 and 95 percent shall be deposited
 
and credited to the County Assessment and Taxation Fund created
under ORS 294.187 { + ; and
  (c) The recording or filing fee charged and collected under
subsection (1)(c) of this section shall be transferred to the
Housing and Community Services Department + }.
  SECTION 2.  { + The Housing and Community Services Department
shall deposit two-thirds of the moneys received by the department
under ORS 205.323 (3)(c) into the Housing Finance Fund
established by ORS 456.720 and one-third of the moneys into the
Home Ownership Assistance Account established by section 3,
chapter 174, Oregon Laws 1995. Moneys deposited into the Home
Ownership Assistance Account under this section may be used only
for programs that provide assistance with down payment costs. + }
  SECTION 3.  { + Sections 4 and 5, chapter 174, Oregon Laws
1995, are repealed. + }
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