71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 704
Sponsored by Senator SHIELDS
CHAPTER ................
AN ACT
Relating to persons authorized to solemnize marriages; creating
new provisions; and amending ORS 106.120, 106.130, 106.150,
106.165, 106.170, 106.990, 204.116, 205.246 and 205.323.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 106.120 is amended to read:
106.120. (1) Marriages may be solemnized by:
(a) Any judicial officer of the state;
(b) A county clerk;
(c) { + Religious + } congregations or organizations as
indicated in ORS 106.150 (2); or
{ - (d) Any minister of any church organized, carrying on its
work and having congregations in this state, who is authorized by
such church to solemnize marriages, and who has filed an
Affidavit of Authority to Perform Marriages for record with the
county clerk of the county in which the minister resides or in
which the marriage is solemnized. - }
{ + (d) A clergyperson of any religious congregation or
organization who is authorized by the congregation or
organization to solemnize marriages. + }
(2) A person authorized to solemnize marriages under subsection
(1) of this section may solemnize a marriage anywhere in this
state.
{ - (3) In the case of a nonresident minister, the filing
required by subsection (1)(d) of this section must be in any
county in which the minister performs any marriage ceremony, but
no minister shall be required to file such affidavit of authority
in more than one county. - }
{ - (4) The affidavit of authority shall be recorded by the
county clerk in a book called 'Authority to Solemnize Marriages,'
for which the county clerk shall charge a fee for recording and
indexing as set by ORS 205.320. The form of the Affidavit of
Authority to Perform Marriages must be substantially as
follows: - }
µ _____________________________________________________________ º
{ -
AFFIDAVIT OF AUTHORITY - }
{ -
TO PERFORM MARRIAGES - }
{ - The _____ (name of organization) is organized and carries
on its work in the State of Oregon. Its active meetings are
Enrolled Senate Bill 704 (SB 704-A) Page 1
located in _____ (city, town or county). The organization hereby
finds _____ (name of person) is in good standing and is
authorized by the organization to perform marriage
ceremonies. - }
{ - I am duly authorized by __________ (name of organization)
to complete and submit this affidavit. - }
{ - Signature of Official __________ - }
{ - Name of Official __________ (type or print name) - }
{ - Title of Official __________ - }
{ - State of Oregon - }
{ - County of _____ - }
{ - Subscribed and sworn to before me the __ day of _____, 2__,
by ________. - }
{ - ____________ - }
{ - Notary Public for Oregon - }
{ - My commission expires: ______ - }
µ _____________________________________________________________ º
{ - (5) If a person is no longer a member in good standing of
the organization that authorized the person to perform marriage
ceremonies, the organization shall file an Affidavit of
Revocation of Authority to Perform Marriages with the county
clerk of the county where the original affidavit of authority was
filed. The Affidavit of Revocation of Authority to Perform
Marriages must be substantially as follows: - }
µ _____________________________________________________________ º
{ -
AFFIDAVIT OF - }
{ -
REVOCATION OF AUTHORITY - }
{ -
TO PERFORM MARRIAGES - }
{ - The __________ (name of organization) is organized and
carries on its work in the State of Oregon. Its active meetings
are located in __________ (city, town or county). The
organization hereby revokes the authority of __________ (name of
person) filed in __________ (name of county) on the __ day of
____, ___ (year) to perform marriage ceremonies. - }
{ - I am duly authorized by __________ (name of organization)
to complete and submit this affidavit. - }
{ - Signature of Official __________ - }
{ - Name of Official __________ (type or print name) - }
{ - Title of Official __________ - }
{ - State of Oregon - }
{ - County of _____ - }
{ - Subscribed and sworn to before me the __ day of _____, 2__,
by ________. - }
{ - ____________ - }
{ - Notary Public for Oregon - }
{ - My commission expires: ______ - }
µ _____________________________________________________________ º
{ - (6) - } { + (3) + } A judicial officer of this state
and a county clerk may charge and accept an agreed upon personal
payment not to exceed $100 plus actual costs for the
solemnization of a marriage if that solemnization is performed:
(a) At a place other than the courthouse where the judicial
officer or county clerk serves; or
Enrolled Senate Bill 704 (SB 704-A) Page 2
(b) Outside of the judicial officer's or county clerk's normal
working hours.
{ - (7) - } { + (4) + } The charging and accepting of a
personal payment under subsection { - (6) - } { + (3) + } of
this section shall not constitute a violation of any of the
provisions of ORS chapter 244.
{ - (8) - } { + (5) + } The amount of actual costs charged
by a judicial officer or county clerk under subsection
{ - (6) - } { + (3) + } of this section shall not exceed:
(a) Actual expenses for food and lodging as verified by
receipts.
(b) If travel is made by personal vehicle, the actual number of
round-trip miles from the judicial officer's or county clerk's
home or office, whichever is greater, compensated at the rate of
reimbursement then provided by the State of Oregon to its
employees or, if travel is made by a commercial carrier,
reimbursement shall be made of the actual costs thereof, verified
by receipts.
{ - (9) - } { + (6) + } A judicial officer or county clerk
shall maintain records of the amount of personal payments
received for performing marriages, of actual costs and the
supporting documentation related thereto for a period of four
years.
{ - (10) - } { + (7) + } As used in this section, 'judicial
officer' has the meaning given that term in ORS 1.210 and
includes, but is not limited to, a judge of a municipal court and
a justice of the peace.
SECTION 2. ORS 106.150 is amended to read:
106.150. (1) In the solemnization of a marriage no particular
form is required except that the parties thereto shall assent or
declare in the presence of the { - minister - } { +
clergyperson + }, county clerk or judicial officer solemnizing
the marriage and in the presence of at least two witnesses, that
they take each other to be husband and wife.
(2) All marriages, to which there are no legal impediments,
solemnized before or in any religious organization or
congregation according to the established ritual or form commonly
practiced therein, are valid. In such case, { - a certificate
containing the particulars specified in ORS 106.160 shall be made
and filed for record by - } the person presiding or officiating
in such religious organization or congregation { - , in like
manner and with like effect as in ordinary cases - } { + shall
make and deliver to the county clerk who issued the marriage
license the certificate described in ORS 106.170 + }.
SECTION 3. ORS 106.170 is amended to read:
106.170. { + (1) + } A person solemnizing a marriage shall
within one month thereafter make and deliver to the county clerk
who issued the license for the marriage a certificate containing
{ - the particulars specified in ORS 106.160. - } { + :
(a) The names and addresses of the parties and the names of at
least two witnesses;
(b) The date and place of the marriage;
(c) The date of the marriage license and the name of the county
that issued the license;
(d) If the person who solemnized the marriage is a
clergyperson, the name and location of the religious congregation
or organization that authorized the person to solemnize
marriages; and
(e) The signature of the person who solemnized the marriage.
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(2) + } { - Such - } { + The + } certificate may be in the
following form:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Oregon)
) ss.
County of ___
, )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
This is to certify that the undersigned ( { - minister or - }
judicial officer, { + county clerk or clergyperson, + } as the
case may be), by authority of a { + marriage + } license bearing
date the ___ of ___, 2_, and issued by the county clerk of the
County of ____, did on the ___ day of ___, 2_, at the house
of ____, in the county and state aforesaid, join in lawful
wedlock, A. B., of the County of ____, and State of ____, and C.
D., of the County of ____, and State of ____, with their mutual
assent, in the presence of E. F. and G. H., witnesses. { + If
the undersigned is a clergyperson, the authority to solemnize the
marriage is granted by _____ (name of religious congregation or
organization), located in _____ (city, town or county, and state
or country). + }
Witness my hand.
J. P.
( { - Judge, justice of the peace or minister - } { +
Judicial officer, county clerk or clergyperson + }, as the case
may be.)
_________________________________________________________________
SECTION 4. { + The amendments to ORS 106.120, 106.150 and
106.170 by sections 1 to 3 of this 2001 Act apply only to
marriage licenses issued on or after the effective date of this
2001 Act. + }
SECTION 5. ORS 106.130 is amended to read:
106.130. A marriage solemnized before any person professing to
be a judicial officer of this state, a county clerk or a
{ - minister of any church or - } { + clergyperson of a
religious + } congregation { + or organization + } therein is
not void, nor shall the validity thereof be in any way affected,
on account of any want of power or authority in such person, if
such person was acting at the time in the office or the capacity
of a person authorized to solemnize marriage and if such marriage
is consummated with the belief on the part of the persons so
married, or either of them, that they have been lawfully joined
in marriage.
SECTION 6. ORS 106.165 is amended to read:
106.165. (1) The Assistant Director for Health by rule shall
prescribe a standard form of the marriage certificate to be used
in this state. The certificate shall contain the names and
addresses of the parties and of at least two witnesses, the
{ - time - } { + date + } and place of the marriage, the
signature of the person who solemnized the marriage, the date of
the license for the marriage and { - by whom - } { + the name
of the county clerk who + } issued { + the license + }.
Enrolled Senate Bill 704 (SB 704-A) Page 4
(2) The form shall be of such size and appearance as to
emphasize the importance of the event { - which - }
{ + that + } it evidences and the significance of the pioneer
heritage of this state.
(3) In carrying out the duties imposed by subsections (1) and
(2) of this section, the Assistant Director for Health shall
consult with the county clerks and may authorize a competition
among graphic artists to prepare the form to be prescribed.
SECTION 7. ORS 106.990 is amended to read:
106.990. (1) Violation of ORS 106.079 is punishable, upon
conviction, by a fine of not more than $100 or by imprisonment in
the county jail for not more than 30 days, or both.
(2) Violation of ORS 106.110 or 106.140 is punishable upon
conviction by imprisonment in the custody of the Department of
Corrections or county jail for not more than one year, or by a
fine of not more than $500 nor less than $100.
(3) Refusal or neglect to comply with { - ORS 106.120 (4) or
with - } ORS 106.170 shall result in the forfeiture of a penalty
of not less than $10 nor more than $50 to be recovered by action
for every five days of such refusal or neglect.
SECTION 8. ORS 204.116 is amended to read:
204.116. (1) Except as otherwise provided by law, the governing
body of each county shall fix the compensation of its own members
and of every other county officer, deputy and employee when the
compensation of such individuals is paid from county funds.
(2) Any commission, fees or other moneys received by a county
officer, deputy or employee for services rendered in the course
of that individual's office or employment shall not be allowed to
or retained by that individual, but shall promptly be paid into
the county treasury except:
(a) For compensation fixed under subsection (1) of this
section;
(b) As otherwise determined by the governing body of the
county; or
(c) As otherwise provided by ORS 106.120 { - (6) - } or
205.320 (6).
SECTION 9. ORS 205.246 is amended to read:
205.246. (1) The county clerk shall record the following
instruments required or permitted by law to be recorded and
entered in the office of the county clerk:
(a) Fixture filings recorded in the office of the county clerk
under ORS 79.3130 (1)(b);
(b) Hospital and physician liens recorded under ORS 87.565;
(c) Federal tax liens and certificates and notices affecting
federal tax liens recorded under ORS 87.806;
(d) Cooperative contracts recorded under ORS 62.360;
(e) Special district assessments attaching to real property;
(f) Lien foreclosure statements recorded under ORS 87.202;
(g) A certified copy of the judgment or a lien record abstract
or other liens affecting the title to real property;
(h) Building code exemptions required under ORS 455.320 and
455.345;
(i) Construction liens recorded under ORS 87.050;
(j) Liens upon chattels recorded under ORS 87.246;
(k) Liens on real property recorded under ORS 87.372;
(L) Employee benefit plan liens recorded under ORS 87.860;
(m) Attorney liens recorded under ORS 87.455 and 87.460;
(n) Long term care liens recorded under ORS 87.517;
(o) Ambulance services liens recorded under ORS 87.623;
(p) Agricultural producers liens recorded under ORS 87.720;
Enrolled Senate Bill 704 (SB 704-A) Page 5
(q) Community property records recorded under ORS 108.530;
(r) Sheriff transfer of records recorded under ORS 206.100;
(s) Corrected instruments required under ORS 205.244;
(t) Mineral and mining records required under ORS 517.030,
517.052, 517.160, 517.180, 517.210, 517.220, 517.280, 517.310 and
517.320;
(u) Copies of records certified by a county clerk or court
clerk;
(v) Subdivision and partition plats recorded under ORS
92.140; { + and + }
{ - (w) Authority to solemnize marriage recorded under ORS
106.120; and - }
{ - (x) - } { + (w) + } Condominiums recorded under ORS
chapter 100.
(2) The county clerk shall charge and collect fees specified in
ORS 205.320, 205.327 and 205.350 for recording any instrument
required to be recorded under subsection (1) of this section.
(3) Indexes may be maintained for instruments recorded under
subsection (1) of this section in the same manner as provided in
ORS 205.160.
SECTION 10. 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) - } { + (a) + } Instruments that are otherwise
exempt from recording or filing fees under any provision of law;
{ - (c) - } { + (b) + } Any satisfaction of judgment or
certificate of satisfaction of judgment; or
{ - (d) - } { + (c) + } 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.
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Enrolled Senate Bill 704 (SB 704-A) Page 6
Passed by Senate April 12, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 1, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 704 (SB 704-A) Page 7
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 704 (SB 704-A) Page 8