72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2335
A-Engrossed
Senate Bill 391
Ordered by the Senate April 22
Including Senate Amendments dated April 22
Sponsored by Senator SHIELDS (at the request of Judge John
A. Wittmayer, Circuit Judge, Multnomah County)
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.
Requires $25 fee { - for benefit of General Fund - } when
marriage solemnized by judicial officer. { + Directs fee to
General Fund, county treasurer or city treasurer, depending on
which officer solemnized marriage. + } Increases fee from $15 to
$25 for benefit of county when marriage solemnized by county
clerk.
A BILL FOR AN ACT
Relating to marriage; amending ORS 106.120 and 205.320.
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) 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)(a) When a marriage is solemnized by a judge of an
appellate, tax or circuit court of this state, the clerk of the
court shall collect a fee of $25 for the benefit of the General
Fund.
(b) When a marriage is solemnized by a county judge or a
justice of the peace, the clerk of the court shall collect a fee
of $25, credited and distributed to the county treasurer.
(c) When a marriage is solemnized by a judge of a municipal
court, the clerk of the court shall collect a fee of $25,
credited and distributed to the city treasurer.
(d) When a marriage is solemnized by a county clerk, the county
clerk shall collect a fee of $25, as provided in ORS 205.320. + }
{ - (3) - } { + (4) In addition to the fee required under
subsection (3) 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) - } { + (5) + } The charging and accepting of a
personal payment under subsection { - (3) - } { + (4) + } of
this section { - shall - } { + does + } not constitute a
violation of any of the provisions of ORS chapter 244.
{ - (5) - } { + (6) + } The amount of actual costs charged
by a judicial officer or county clerk under subsection
{ - (3) - } { + (4) + } 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) - } { + (7) + } 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.
{ - (7) - } { + (8) + } 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 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.
(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.
----------