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 4221
House Bill 3995
Sponsored by JOINT COMMITTEE ON WAYS AND MEANS
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.
Increases marriage license fee to $27. Directs county clerk to
distribute $2 from fee to Trustees of State Library for public
library services grants.
A BILL FOR AN ACT
Relating to increase of marriage license fee; creating new
provisions; and amending ORS 106.045 and 205.320.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 106.045 is amended to read:
106.045. (1) In addition to any other fees provided by law, the
county clerk shall collect a fee of { - $25 - } { + $27 + }
upon the application for a marriage license.
(2) The county clerk shall regularly pay over to { + :
(a) + } The Assistant Director for Services to Children and
Families { - all moneys - } { + $25 of the fee + } collected
under subsection (1) of this section to be credited to the
Domestic Violence Fund
{ - pursuant to - } { + under + } ORS 108.660.
{ + (b) The Trustees of the State Library $2 of the fee
collected under subsection (1) of this section to be disbursed as
public library services grants under ORS 357.740. + }
SECTION 2. 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 { + and
public library services grants + } 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 3. { + The amendments to ORS 106.045 by section 1 of
this 2001 Act apply only to marriage license fees collected on or
after the effective date of this 2001 Act. + }
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