Chapter 565 Oregon Laws 2003

AN ACT

SB 391

Relating to marriage; creating new provisions; amending ORS 106.120 and 205.320; and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 106.120 is amended to read:

106.120. (1) As used in this section, “judicial officer” means:

(a) A judicial officer of this state as that term is defined in ORS 1.210 and includes but is not limited to a judge of a municipal court and a justice of the peace.

(b) An active judge of a federal court.

(c) An active United States magistrate judge.

[(1)] (2) Marriages may be solemnized by:

(a) [Any] A judicial officer [of the state];

(b) A county clerk;

(d) A clergyperson of any religious congregation or organization who is authorized by the congregation or organization to solemnize marriages.

[(2)] (3) A person authorized to solemnize marriages under subsection [(1)] (2) of this section may solemnize a marriage anywhere in this state.

(4)(a) When a marriage is solemnized by a tax, appellate or circuit judge of this state, the clerk of the court or the county clerk shall collect a fee of $25 and deposit the fee in the Judicial Department Operations Fund established under section 3 of this 2003 Act.

(b) When a marriage is solemnized by a county clerk, the county clerk shall collect a fee of $25, as provided in ORS 205.320.

(c) The fee described in this subsection may be collected only if:

(A) The marriage is solemnized during normal working hours, excluding holidays;

(B) The marriage is solemnized in court facilities or a county clerk’s office; or

(C) More than a minimal amount of staff time or other court or county clerk’s office resources are used in connection with the solemnization.

(d) The Chief Justice of the Supreme Court or the county clerk may establish a written procedure for waiver of the fee required under this subsection in exigent circumstances, including but not limited to indigency of the parties to the marriage.

[(3)] (5) In addition to any fee collected under subsection (4) of this section, 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

(b) Outside of the judicial officer’s or county clerk’s normal working hours.

[(4)] (6) The charging and accepting of a personal payment by a judicial officer of this state or a county clerk under subsection [(3)] (5) of this section [shall] does not constitute a violation of any of the provisions of ORS chapter 244.

[(5)] (7) The amount of actual costs charged by a judicial officer of this state or a county clerk under subsection [(3)] (5) of this section [shall] may 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.

[(6)] (8) A judicial officer of this state or a 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.

[(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.]

(9) The parties to a marriage solemnized by a tax, appellate or circuit judge of this state shall show to the judge proof of payment of the fee required under subsection (4)(a) of this section before solemnization. Except as provided in subsection (4)(d) of this section, the judge may not solemnize a marriage without proof of payment of the fee.

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] $25. 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 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 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.

(d) Fees collected under ORS 205.323 for the Oregon Land Information System Fund.

SECTION 3. The Judicial Department Operations Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Judicial Department Operations Fund shall be credited to the fund. The fund consists of moneys deposited into the fund under ORS 106.120. Moneys in the fund are continuously appropriated to the Judicial Department to be used to pay costs incurred by courts in solemnizing marriages.

Approved by the Governor July 14, 2003

Filed in the office of Secretary of State July 15, 2003

Effective date January 1, 2004

__________