72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 391
Sponsored by Senator SHIELDS (at the request of Judge John
A. Wittmayer, Circuit Judge, Multnomah County)
CHAPTER ................
AN ACT
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;
(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
Enrolled Senate Bill 391 (SB 391-B) Page 1
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.
Enrolled Senate Bill 391 (SB 391-B) Page 2
(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
Enrolled Senate Bill 391 (SB 391-B) Page 3
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.
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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Passed by Senate April 24, 2003
Repassed by Senate June 26, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 18, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 391 (SB 391-B) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 391 (SB 391-B) Page 5