74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to HB 2007
 
LC 2502/HB 2007-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2007
 
           By COMMITTEE ON ELECTIONS, ETHICS AND RULES
 
                            April 11
 
  On page 1 of the printed bill, line 3, after '409.300, ' delete
the rest of the line and insert '432.005, 432.235, 432.405 and
432.408.'.
  In line 8, after 'Constitution' insert a comma.
  On page 2, line 16, delete 'civil union' and insert ' domestic
partnership'.
  In line 22, delete 'civil' and insert 'domestic partnership'.
  In line 23, delete 'union'.
  In line 25, delete 'civil union' and insert 'domestic'.
  In line 28, delete 'civil union' and insert 'domestic
partnership'.
  In line 29, delete 'civil union' and insert 'domestic
partnership'.
  In line 30, delete 'union' and insert 'domestic partnership'.
  In line 31, delete 'civil unions' and insert 'domestic
partnerships'.
  In line 32, delete 'civil union' and insert 'domestic
partnership'.
  In line 36, delete 'Civil union' and insert 'Domestic
partnership'.
  In line 39, delete 'civil union' and insert 'domestic
partnership'.
  In line 40, delete 'civil unions' and insert 'domestic
partnerships'.
  In line 41, delete 'civil union' and insert 'domestic
partnership'.
  In line 42, delete 'civil union' and insert 'domestic
partnership'.
  In line 43, delete 'civil union' and insert 'domestic
partnership'.
  In line 45, delete the second 'civil' and insert 'domestic
partnership'.
  On page 3, line 1, delete 'union'.
  In line 2, delete 'civil union' and insert 'domestic
partnership'.
  In line 4, delete 'civil union' and insert 'domestic
partnership'.
  In line 5, delete 'civil union' and insert 'domestic
partnership'.
  In line 7, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 9, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 11, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 12, delete 'civil union' and insert 'domestic
partnership'.
  In line 13, delete 'Civil Union' and insert 'Domestic
Partnership'.
 
  In line 15, delete 'Civil Union' and insert 'Domestic
Partnership' and delete 'civil union' and insert 'domestic
partnership'.
  In line 16, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 18, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 19, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 20, delete 'civil union' and insert 'domestic
partnership'.
  In line 21, delete 'civil union' and insert 'domestic
partnership'.
  After line 22, insert:
  ' (4) Each person signing a Declaration of Domestic Partnership
consents to the jurisdiction of the circuit courts of Oregon for
the purpose of an action to obtain a judgment of dissolution or
annulment of the domestic partnership, for legal separation of
the partners in the domestic partnership or for any other
proceeding related to the partners' rights and obligations, even
if one or both partners cease to reside in, or to maintain a
domicile in, this state. Notwithstanding ORS 107.086, a petition
for dissolution or annulment of the domestic partnership, for
legal separation of the partners in the domestic partnership or
for any other proceeding related to the partners' rights and
obligations may be filed in the county in which either the
petitioner or respondent last resided.'.
  In line 23, delete '(4)' and insert '(5)' and delete ' Civil
Union' and insert 'Domestic Partnership'.
  In line 24, delete 'civil union' and insert 'domestic
partnership'.
  In line 26, delete 'civil union' and insert 'domestic
partnership'.
  In line 30, delete 'civil' and insert 'domestic partnership or
for legal separation of the partners in the domestic partnership,
or for any other proceeding'.
  Delete line 31.
  In line 32, delete 'ceases to be a'.
  In line 33, delete 'resident of' and insert 'cease to reside
in'.
  In line 38, delete '(5)' and insert '(6)' and delete ' Civil
Union' and insert 'Domestic Partnership'.
  In line 39, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 41, delete '(6)' and insert '(7)'.
  In line 43, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 45, delete '(7)' and insert '(8)' and delete ' Civil
Union' and insert 'Domestic Partnership'.
  On page 4, line 1, delete 'Civil Union' and insert ' Domestic
Partnership'.
  Delete lines 4 through 6 and insert:
  ' (9) Notwithstanding ORS 432.121 or any other provision of
law, the registry of domestic partnerships maintained by a county
clerk is a public record and subject to full disclosure.'.
  In line 8, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 12, delete 'civil union' and insert 'domestic
partnership'.
  In line 14, delete 'civil union' and insert 'domestic
partnership'.
  In line 19, delete 'civil union' and insert 'domestic
partnership'.
  In line 20, delete 'civil union' and insert 'domestic
partnership'.
 
  In line 25, delete 'civil union' and insert 'domestic
partnership' in both places.
  Delete lines 40 through 43 and insert:
  ' (6) Sections 1 to 9 of this 2007 Act do not require or permit
the extension of any benefit under ORS chapter 238 or 238A, or
under any other retirement, deferred compensation or other
employee benefit plan, if the plan administrator reasonably
concludes that the extension of benefits would conflict with a
condition for tax qualification of the plan, or a condition for
other favorable tax treatment of the plan, under the Internal
Revenue Code or regulations adopted under the Internal Revenue
Code.
  ' (7) Sections 1 to 9 of this 2007 Act do not require the
extension of any benefit under any employee benefit plan that is
subject to federal regulation under the Employee Retirement
Income Security Act of 1974.'.
  In line 44, delete '(7)' and insert '(8)' and delete ' civil
union' and insert 'domestic partnership'.
  In line 45, delete 'civil union' and insert 'domestic
partnership' in both places.
  On page 5, line 4, delete 'civil union' and insert ' domestic
partnership'.
  In line 5, delete 'civil union' and insert 'domestic
partnership'.
  In line 9, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 33, delete 'Civil Union' and insert 'Domestic
Partnership'.
  On page 6, line 7, delete 'Civil Union' and insert ' Domestic
Partnership'.
  On page 7, after line 11, insert:
  '  { +  SECTION 16. + } ORS 432.005 is amended to read:
  ' 432.005. As used in this chapter, unless the context requires
otherwise:
  ' (1) 'Dead body' means a human body or such parts of such
human body from the condition of which it reasonably may be
concluded that death occurred.
  ' (2) 'Department' means the Department of Human Services.
  ' (3) 'Director' means the Director of Human Services.
  ' (4) 'Divorce' means dissolution of a marriage.
  ' (5) 'Fetal death' means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy. The death is indicated
by the fact that after such expulsion or extraction the fetus
does not breathe or show any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of the voluntary muscles.
  ' (6) 'File' means the presentation and acceptance of a vital
record or vital report provided for in this chapter by the Center
for Health Statistics.
  ' (7) 'Final disposition' means the burial, interment,
cremation, removal from the state or other authorized disposition
of a dead body or fetus, except that when removal from the state
is conducted by the holder of a certificate of removal
registration issued under ORS 692.270, the final disposition may
not be considered complete until the certificate of death is
filed.
  ' (8) 'Induced termination of pregnancy' means the purposeful
interruption of an intrauterine pregnancy with the intention
other than to produce a live-born infant and that does not result
in a live birth.
  ' (9) 'Institution' means any establishment, public or private,
that provides inpatient or outpatient medical, surgical or
diagnostic care or treatment or nursing, custodial or domiciliary
care, or to which persons are committed by law.
 
  ' (10) 'Live birth' means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, that, after such expulsion or
extraction, breathes or shows any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of voluntary muscles, whether or not the umbilical cord
has been cut or the placenta is attached.
  ' (11) 'Person acting as a funeral service practitioner '
means:
  ' (a) A person other than a funeral service practitioner
licensed under ORS 692.045, including but not limited to a
relative, friend or other interested party, who performs the
duties of a funeral service practitioner without payment; or
  ' (b) A funeral service practitioner who files death
certificates in another state if the funeral service practitioner
is employed by a funeral establishment licensed in another state
and registered with the State Mortuary and Cemetery Board under
ORS 692.270.
  ' (12) 'Physician' means a person authorized or licensed under
the laws of this state to practice medicine, osteopathy,
chiropractic or naturopathic medicine.
  ' (13) 'Registration' means the process by which vital records
and vital reports are completed, filed and incorporated into the
official records of the Center for Health Statistics.
  ' (14) 'State registrar' means the State Registrar of the
Center for Health Statistics.
  ' (15) 'System of vital statistics' means the registration,
collection, preservation, amendment and certification of vital
records and vital reports; the collection of other reports
required by this chapter, and activities related thereto
including the tabulation, analysis, dissemination and publication
of vital statistics and training in the use of health data.
  ' (16) 'Vital records' means certificates or reports of birth,
death, marriage,  { + declaration of domestic partnership, + }
dissolution of marriage  { + or domestic partnership + } and data
related thereto.
  ' (17) 'Vital reports' means reports of fetal death, induced
termination of pregnancy, suicide attempts by persons under 18
years of age and survey and questionnaire documents and data
related thereto.
  ' (18) 'Vital statistics' means the data derived from
certificates and reports of birth, death, fetal death, induced
termination of pregnancy, marriage,  { + declaration of domestic
partnership, + } dissolution of marriage,  { + dissolution of
domestic partnership, + } suicide attempts by persons under 18
years of age and related reports.'.
  In line 12, delete '16' and insert '17'.
  In line 40, delete 'Civil' and insert 'Domestic Partnership'.
  In line 41, delete 'Union'.
  In line 44, after 'judgment' insert 'or dissolution of domestic
partnership judgment'.
  On page 8, line 6, delete '17' and insert '18'.
  In line 7, delete 'civil union' and insert 'domestic
partnership'.
  In line 12, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 16, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 19, delete 'Civil Union' and insert 'Domestic
Partnership'.
  In line 20, delete 'civil union' and insert 'domestic
partnership'.
  After line 21, insert:
  '  { +  SECTION 19. + } ORS 432.408 is amended to read:
  ' 432.408. (1) A record of each dissolution of marriage
judgment  { + or dissolution of domestic partnership judgment + }
by any court in this state shall be filed by the clerk of the
court with the Center for Health Statistics and shall be
registered if it has been completed and filed in accordance with
this section. The record shall be prepared by the petitioner or a
legal representative of the petitioner in the form prescribed or
furnished by the State Registrar of the Center for Health
Statistics and shall be presented to the clerk of the court with
the petition. In all cases the completed record shall be
prerequisite to the entry of the judgment. The state registrar
shall design the record so that, for judgments or orders issued
in proceedings under ORS 107.085 or 107.485, the state registrar,
county clerks, county recording officers and state courts may
keep Social Security numbers confidential and exempt from public
inspection.
  ' (2) The clerk of the court shall complete and forward to the
Center for Health Statistics on or before the 10th day of each
calendar month the records of each dissolution of marriage
judgment  { + or dissolution of domestic partnership judgment + }
granted during the preceding calendar month. The clerk shall
comply with procedures established under ORS 107.840 to ensure
that, in the records completed and forwarded under this
subsection, the Social Security numbers of parties to a
proceeding under ORS 107.085 or 107.485 are kept confidential and
exempt from public inspection.
  ' (3) A dissolution of marriage record  { + or dissolution of
domestic partnership record + } not filed within the time
prescribed by subsection (2) of this section may be registered in
accordance with rules adopted by the state registrar.'.
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