Chapter 703
AN ACT
HB 3120
Relating to marriage forms issued by county clerk; creating new
provisions; amending ORS 106.041, 106.100, 106.150, 106.160, 106.165, 106.170,
106.220, 106.990, 432.121 and 432.235; and repealing ORS 106.079 and 106.180.
Be It Enacted by the People of
the State of
SECTION 1. ORS 106.041 is amended to read:
106.041. (1) All persons
wishing to enter into a marriage contract shall obtain a marriage license
[therefor] from the county clerk upon
application, directed to any person or religious organization or congregation
authorized by ORS 106.120 to solemnize marriages, and authorizing [such] the person, organization or
congregation to join together as husband and wife the persons named in the
license.
[(2) No license shall be issued by the county clerk until the provisions
of this section, ORS 106.050 and 106.060 are complied
with.]
[(3)] (2) [Each
applicant for a marriage license shall file with the county clerk from whom the
license is sought a written application for the license on forms provided for
this purpose by the Department of Human Services which shall] The State
Registrar of the Center for Health Statistics shall provide a standard form of
the application, license and record of marriage to be used in this state that
must include: [the applicant’s
Social Security number, certain statistical data regarding age, place of birth,
sex, occupation, residence and previous marital status of the applicant and, if
required, the name and address of the affiant under ORS 106.050.]
(a) Each applicant’s
Social Security number recorded on a confidential portion of the application,
license and record of marriage;
(b) Certain statistical
data regarding age, place of birth, sex, occupation, residence and previous
marital status of each applicant;
(c) The name and address
of the affiant under ORS 106.050, if required; and
(d) Each applicant’s
name after marriage as provided in ORS 106.220.
(3) Each applicant for a
marriage license shall file with the county clerk from whom the marriage
license is sought a written application for the license on forms prescribed for
this purpose by the Center for Health Statistics.
(4) A marriage license
[issued after July 13, 1995,] must
contain the following statement: “Neither you nor your spouse is the property
of the other. The laws of the State of
(5) An applicant may
not intentionally make a material false statement in the records required by
this section.
(6) The county clerk may
not issue a marriage license until the provisions of this section and ORS
106.050 and 106.060 are complied with.
SECTION 2. ORS 106.100 is amended to read:
106.100. (1) [The person solemnizing the marriage may
retain the marriage license in the possession of the person.] The county
clerk who issues the marriage license[, before delivering it, shall enter in the
marriage book a memorandum of] shall maintain records relating to
marriages licensed in the county. The records must include the names of the
parties, the consent of the parent or guardian, if any, the name of the
affiant, the substance of the affidavit upon which the license issued and the
date of the license.
(2) Upon return of
the completed application, license and record of marriage under ORS 106.170,
the county clerk shall add the date of the marriage ceremony to the clerk’s
records maintained under subsection (1) of this section and file the completed
application, license and record of marriage. Except as provided in ORS 205.320,
the county clerk may not charge a fee for filing, recording or indexing the
application, license and record of marriage.
(3) The county clerk
shall, upon completion of the requirements of this section and ORS 106.077,
deliver the original completed application, license and record of marriage to
the Center for Health Statistics as required under ORS 432.405.
(4) Notwithstanding any
other provision of law, the record of marriage maintained by a county clerk is
not a vital record as defined in ORS 432.005 and is a public record open and
subject to full disclosure.
SECTION 3. 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 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, the person presiding or
officiating in [such] the
religious organization or congregation shall [make and] deliver to the county clerk who issued the marriage
license the [certificate]
application, license and record of marriage in accordance with [described in] ORS 106.170.
SECTION 4. ORS 106.160 is amended to read:
106.160. The [person solemnizing the marriage]
SECTION 5. ORS 106.165 is amended to read:
106.165. (1) The [Director of Human Services by rule]
county clerk shall prescribe a standard form of [the] a commemorative marriage certificate to be [used in this state] issued by the
county clerk and kept by the married couple. The certificate [shall] must contain the names and
addresses of the parties and of at least two witnesses, the date and place of
the marriage, the signature of the person who solemnized the marriage, the date
of the marriage license [for the
marriage] and the name of the county clerk who issued the license.
(2) The commemorative
marriage certificate must contain the following wording in legible font type: “This
is a commemorative certificate. This certificate is not the legal marriage
record.”
[(2)] (3) The [form] commemorative marriage certificate shall be of such
size and appearance as to emphasize the importance of the event. [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 Director of Human Services shall consult with the county
clerks and may authorize a competition among graphic artists to prepare the
form to be prescribed.]
SECTION 6. ORS 106.165 is added to and made a part of
ORS chapter 106.
SECTION 7. ORS 106.170 is amended to read:
106.170. [(1)] A person solemnizing a marriage
shall, within [one month
thereafter make] 10 days after the marriage ceremony, complete the
original application, license and record of marriage form and deliver
the form to the county clerk who issued the marriage license.
[for the marriage a certificate containing:]
The person solemnizing the marriage may keep a copy of the application,
license and record of marriage form.
[(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.]
[(2) The certificate may be in the following
form:]
[____________________________________________________________________________]
State of
) ss.
County of ____, )
This is to certify that the undersigned (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.
(Judicial officer, county clerk or clergyperson, as the case may be.)
[____________________________________________________________________________]
SECTION 8. ORS 106.990 is amended to read:
106.990. (1) Violation
of ORS [106.079] 106.041 (5)
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 106.170 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 9. ORS 432.121 is amended to read:
432.121. (1) To protect
the integrity of vital records and vital reports, to ensure their proper use
and to ensure the efficient and proper administration of the system of vital
statistics, it shall be unlawful for any person to permit inspection of, or to
disclose information from vital records or vital reports in the custody of the
State Registrar of the Center for Health Statistics, county registrar or local
registrar or to copy or issue a copy of all or part of any such record or
report unless authorized by this chapter and by rules adopted pursuant thereto
or by order of a court of competent jurisdiction. Rules adopted under this
section shall provide for adequate standards of security and confidentiality of
vital records and vital reports. The state registrar shall adopt rules to
ensure that, for records of dissolution of marriage issued in proceedings under
ORS 107.085 or 107.485, Social Security numbers of the parties are kept
confidential and exempt from public inspection.
(2) The State Registrar
of the Center for Health Statistics shall authorize the inspection, disclosure
and copying of the information referred to in subsection (1) of this section as
follows:
(a) To the subject of
the record; spouse, child, parent, sibling or legal guardian of the subject of
the record; an authorized representative of the subject of the record, spouse,
child, parent, sibling or legal guardian of the subject of the record; and, in
the case of death, marriage or divorce records, to other next of kin.
(b) When a person
demonstrates that a death, marriage or divorce record is needed for the
determination or protection of a personal or property right.
(c) When 100 years have
elapsed after the date of birth or 50 years have elapsed after the date of
death, marriage or divorce.
(d) When the person
requesting the information demonstrates that the person intends to use the
information solely for research purposes. In order to receive the information,
the person must submit a written request to the state registrar requesting a
research agreement. The state registrar shall issue a research agreement if the
person demonstrates that the information will be used only for research and
will be held confidential. The research agreement shall prohibit the release by
the person of any information other than that authorized by the agreement that
might identify any person or institution.
(e) To the federal
agency responsible for national vital statistics, upon request. The copies or
data may be used solely for the conduct of official duties. Before furnishing
the records, reports or data, the state registrar shall enter into an agreement
with the federal agency indicating the statistical or research purposes for
which the records, reports or data may be used. The agreement shall also set
forth the support to be provided by the federal agency for the collection,
processing and transmission of the records, reports or data. Upon written
request of the federal agency, the state registrar may approve, in writing,
additional statistical or research uses of the records, reports or data
supplied under the agreement.
(f) To federal, state
and local governmental agencies, upon request. The copies or data may be used
solely for the conduct of official duties of the requesting governmental
agency.
(g) To offices of vital
statistics outside this state when such records or other reports relate to
residents of those jurisdictions or persons born in those jurisdictions. Before
furnishing the records, reports or data, the state registrar shall enter into
an agreement with the office of vital statistics. The agreement shall specify
the statistical and administrative purposes for which the records, reports or
data may be used and the agreement shall further provide instructions for the
proper retention and disposition of the copies. Copies received by the Center
for Health Statistics from offices of vital statistics in other states shall be
handled in the same manner as prescribed in this section.
(h) To an investigator
licensed under ORS 703.430, upon request.
(3) The state registrar,
upon request of a family member or legal representative, shall issue a
certified copy or other copy of a death certificate containing the cause of
death information as provided in subsection (2) of this section or as follows:
(a) When a person has
demonstrated through documented evidence a need for the cause of death to
establish a legal right or claim.
(b) When the request for
the copy is made by or on behalf of an organization that provides benefits to
the decedent’s survivors or beneficiaries.
(4) Nothing in this
section prohibits the release of information or data that would not identify
any person or institution named in a vital record or a vital report.
(5) Nothing in this
section shall prohibit a health care provider from disclosing information
contained in the provider’s records as otherwise allowed by law.
(6) Nothing in this
section shall be construed to permit disclosure of information contained in the
“Information for Medical and Health Use Only” section of the birth certificate,
fetal death report or the “Information for Statistical Purposes Only” section or
other confidential section of the [certificate]
application, license and record of marriage or certificate of divorce,
unless specifically authorized by the state registrar for statistical or
research purposes. The data shall not be subject to subpoena or court order and
shall not be admissible before any court, tribunal or judicial body.
(7) All forms and
procedures used in the issuance of certified copies of vital records and vital
reports shall be uniform and provided by or approved by the state registrar.
All certified copies issued shall have security features that safeguard the
document against alteration, counterfeiting, duplication or simulation without
ready detection.
(8) Each copy issued
shall show the date of filing. Copies issued from records marked “Amended”
shall be similarly marked and shall show the effective date of the amendment.
Copies issued from records marked “Delayed” shall be similarly marked and shall
include the date of filing and a description of the evidence used to establish
the delayed certificate.
(9) Any copy issued of a
certificate of foreign birth shall indicate this fact and show the actual place
of birth and the fact that the certificate is not proof of
(10) Appeals from
decisions of the state registrar to refuse to disclose information or to permit
inspection or copying of records as prescribed by this section and rules
adopted pursuant thereto shall be made under ORS chapter 183.
(11) The state registrar
shall adopt rules to implement this section in accordance with the applicable
sections of ORS chapter 183.
(12) Indexes of deaths,
marriages or divorces that list names, dates of events, county of events or
certificate numbers may be disclosed.
SECTION 10. ORS 432.235 is amended to read:
432.235. (1) A certificate or report registered under this chapter may be
amended only in accordance with this chapter and rules adopted by the State
Registrar of the Center for Health Statistics to protect the integrity and
accuracy of vital records and vital reports.
(2) A certificate or
report that is amended under this section shall indicate that it has been
amended, except as otherwise provided in ORS 432.230, this section or by rule
of the state registrar. A record shall be maintained that identifies the
evidence upon which the amendment was based, the date of the amendment and the
identity of the person making the amendment. The state registrar shall
prescribe by rule the conditions under which additions or minor corrections may
be made to certificates or reports within one year without the certificate or
report indicating that it has been amended.
(3) Upon receipt of a
certified copy of an order of a court changing the name of a person born in
this state and upon request of such person or if the person is a minor or
incompetent, the parents, guardian or legal representative of the person, the
state registrar shall amend the certificate of birth to show the new name.
(4) Upon receipt of a
certified copy of an order of a court of competent jurisdiction indicating that
the sex of an individual born in this state has been changed by surgical
procedure and whether such individual’s name has been changed, the certificate
of birth of such individual shall be amended as prescribed by rule of the state
registrar.
(5) When an applicant
does not submit the minimum documentation required by rule of the state
registrar for amending a vital record or when the state registrar has cause to
question the validity or adequacy of the applicant’s sworn statements or the
documentary evidence, and if the deficiencies are not corrected, the state
registrar shall not amend the vital record and shall advise the applicant of
the reason for this action and shall further advise the applicant of the right
of appeal under ORS 183.480 and 183.484.
(6) When a certificate
or report is amended under this section by the state registrar, the state
registrar shall report the amendment to any other custodian of the vital record
and the record of the other custodian shall be amended accordingly.
(7) When an amendment is
made to [a certificate] an
application, license and record of marriage by the local official issuing
the marriage license, copies of the amendment shall be forwarded to the state
registrar.
(8)(a) When a party or
legal representative proposes to set aside or change any information recorded
in a dissolution of marriage judgment filed pursuant to ORS 432.408, the party
or legal representative seeking the amendment or set aside order shall prepare
a summary of the changes in the form prescribed or furnished by the state
registrar and shall present the form to the clerk of the court along with the proposed
supplemental judgment. In all cases the completed form shall be a prerequisite
to the entry of the supplemental judgment.
(b) The clerk of the
court shall complete and forward to the Center for Health Statistics the
records of each such supplemental judgment in the same manner prescribed by ORS
432.408.
SECTION 11. ORS 106.079 and 106.180 are repealed.
SECTION 12. ORS 106.220 is amended to read:
106.220. [Upon entering into marriage, either person may retain the prior surname, and either person
may resume the person’s prior legal name during the marriage.] (1) Upon
entering into marriage, either party may retain the party’s surname prior to
the marriage or change the party’s surname to the surname of the other party or
to a hyphenated combination of the surnames of both parties. If a party
requests a surname change under this section, that party may also change the
party’s middle name to the party’s surname prior to the marriage. Each party
must indicate on the application, license and record of marriage the party’s
name after marriage.
(2) The name of each
party after marriage as indicated on the application, license and record of
marriage shall become the sole legal name of each party after marriage. If a
party indicates a name change other than as described in subsection (1) of this
section, the party shall request approval of the court pursuant to ORS 33.410.
SECTION 13. If House Bill 2007 becomes law, section 10
of this 2007 Act (amending ORS 432.235) is repealed and ORS 432.235, as amended
by section 17, chapter 99, Oregon Laws 2007 (Enrolled House Bill 2007), is
amended to read:
432.235. (1) A certificate or report registered under this chapter may be
amended only in accordance with this chapter and rules adopted by the State
Registrar of the Center for Health Statistics to protect the integrity and
accuracy of vital records and vital reports.
(2) A certificate or
report that is amended under this section shall indicate that it has been
amended, except as otherwise provided in ORS 432.230, this section or by rule
of the state registrar. A record shall be maintained that identifies the
evidence upon which the amendment was based, the date of the amendment and the
identity of the person making the amendment. The state registrar shall prescribe
by rule the conditions under which additions or minor corrections may be made
to certificates or reports within one year without the certificate or report
indicating that it has been amended.
(3) Upon receipt of a
certified copy of an order of a court changing the name of a person born in
this state and upon request of such person or if the person is a minor or
incompetent, the parents, guardian or legal representative of the person, the
state registrar shall amend the certificate of birth to show the new name.
(4) Upon receipt of a
certified copy of an order of a court of competent jurisdiction indicating that
the sex of an individual born in this state has been changed by surgical
procedure and whether such individual’s name has been changed, the certificate
of birth of such individual shall be amended as prescribed by rule of the state
registrar.
(5) When an applicant
does not submit the minimum documentation required by rule of the state
registrar for amending a vital record or when the state registrar has cause to
question the validity or adequacy of the applicant’s sworn statements or the
documentary evidence, and if the deficiencies are not corrected, the state
registrar shall not amend the vital record and shall advise the applicant of
the reason for this action and shall further advise the applicant of the right
of appeal under ORS 183.480 and 183.484.
(6) When a certificate
or report is amended under this section by the state registrar, the state
registrar shall report the amendment to any other custodian of the vital record
and the record of the other custodian shall be amended accordingly.
(7) When an amendment is
made to [a certificate for a] an
application, license and record of marriage or to a Declaration of Domestic
Partnership by the local official issuing the marriage license or registering
the declaration, copies of the amendment shall be forwarded to the state
registrar.
(8)(a) When a party or
legal representative proposes to set aside or change any information recorded
in a dissolution of marriage judgment or dissolution of domestic partnership
judgment filed pursuant to ORS 432.408, the party or legal representative
seeking the amendment or set aside order shall prepare a summary of the changes
in the form prescribed or furnished by the state registrar and shall present
the form to the clerk of the court along with the proposed supplemental
judgment. In all cases the completed form shall be a prerequisite to the entry
of the supplemental judgment.
(b) The clerk of the
court shall complete and forward to the Center for Health Statistics the
records of each such supplemental judgment in the same manner prescribed by ORS
432.408.
Approved by the Governor June 28, 2007
Filed in the office of Secretary of State July 2, 2007
Effective date January 1, 2008
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