72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to A-Eng. SB 391
 
LC 2335/SB 391-A6
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 391
 
                    By COMMITTEE ON JUDICIARY
 
                             June 13
 
  On page 1 of the printed A-engrossed bill, line 2, after the
semicolon delete the rest of the line and insert 'creating new
provisions; amending ORS 106.120 and 205.320; and appropriating
money.'.
  Delete lines 4 through 27 and insert:
  '  { +  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;
  ' (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) - }   { + (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. + } ' .
  On page 2, delete lines 1 through 12.
  In line 31, restore 'This subsection does not require'.
  In lines 32 and 33, restore the bracketed material.
  On page 3, after line 24, insert:
  '  { +  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. + } ' .
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