74th OREGON LEGISLATIVE ASSEMBLY--2007 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 2502
House Bill 2007
Sponsored by COMMITTEE ON ELECTIONS, ETHICS AND RULES (at the
request of Governor's Task Force on Equality)
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 as
introduced.
Establishes requirements and procedures for entering into civil
union contract between individuals of same sex.
Provides that any privilege, immunity, right or benefit granted
by law to individual who is or was married is granted to
individual who is or was in civil union. Provides that any
responsibility imposed by law on individual who is or was married
is imposed on individual who is or was in civil union.
Provides that any privilege, immunity, right, benefit or
responsibility granted or imposed by law to or on spouse with
respect to child of either spouse is granted to or imposed on
partner with respect to child of either partner.
A BILL FOR AN ACT
Relating to same-sex relationships; creating new provisions; and
amending ORS 107.615, 192.842, 205.320, 409.300, 432.235 and
432.405.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 1 to 9 of this 2007 Act may be cited
as the Oregon Family Fairness Act. + }
SECTION 2. { + The Legislative Assembly finds that:
(1) Section 20, Article I of the Oregon Constitution has always
enshrined the principle that all citizens of this state are to be
provided with equal privileges and immunities under the laws of
the State. In addition, as provided in ORS 659A.006, it has long
been the public policy of this state that discrimination against
any of the citizens of this state is a matter of state concern
that threatens not only the rights and privileges of the state's
inhabitants but menaces the institutions and foundation of a free
democratic state. These fundamental principles are integral to
Oregon's constitutional form of government, to its guarantees of
political and civil rights and to the continued vitality of
political and civil society in this state.
(2) The ability to enter into a committed, long-term
relationship with another individual that is recognized not only
by friends and family, but also by the laws of this state, is a
significant and fundamental ability afforded to opposite-sex
couples by the marriage laws of this state. Legal recognition of
marriage by the state is the primary and, in a number of
instances, the exclusive source of numerous rights, benefits and
responsibilities available to married individuals under Oregon
law. Marriage is limited to the union of one man and one woman by
section 5a, Article XV of the Oregon Constitution.
(3) Many gay and lesbian Oregonians have formed lasting,
committed, caring and faithful relationships with individuals of
the same sex, despite long-standing social and economic
discrimination. These couples live together, participate in their
communities together and often raise children and care for family
members together, just as do couples who are married under Oregon
law. Without the ability to obtain some form of legal status for
their relationships, same-sex couples face numerous obstacles and
hardships in attempting to secure rights, benefits and
responsibilities for themselves and their children. Many of the
rights, benefits and responsibilities that the families of
married couples take for granted cannot be obtained in any way
other than through state recognition of committed same-sex
partnerships.
(4) This state has a strong interest in promoting stable and
lasting families, including the families of same-sex couples and
their children. All Oregon families should be provided with the
opportunity to obtain necessary legal protections and status and
the ability to achieve their fullest potential.
(5) Sections 1 to 9 of this 2007 Act are intended to better
align Oregon law with the values embodied in the Constitution and
public policy of this state, and to further the state's interest
in the promotion of stable and lasting families, by extending
benefits, protections and responsibilities to committed same-sex
partners and their children that are comparable to those provided
to married individuals and their children by the laws of this
state.
(6) The establishment of a civil union system will provide
legal recognition to same-sex relationships, thereby ensuring
more equal treatment of gays and lesbians and their families
under Oregon law.
(7) The Legislative Assembly recognizes that the Oregon
Constitution limits marriage to the union of one man and one
woman. The Legislative Assembly does not seek to alter this
definition of marriage in any way through the Oregon Family
Fairness Act and recognizes that the Legislative Assembly cannot
bestow the status of marriage on partners in a civil union. The
Legislative Assembly recognizes that numerous distinctions will
exist between these two legally recognized relationships. The
Legislative Assembly recognizes that the legal recognition of
civil union partnerships under the laws of this state may not be
effective beyond the borders of this state and cannot impact
restrictions contained in federal law.
(8) Sections 1 to 9 of this 2007 Act do not require the
performance of any solemnization ceremony to enter into a binding
civil union contract. It is left to the dictates and conscience
of partners entering into a civil union to determine whether to
seek a ceremony or blessing over the union and to the dictates of
each religious faith to determine whether to offer or permit a
ceremony or blessing of civil unions. Providing recognition to
same-sex partnerships through a civil union system in no way
interferes with the right of each religious faith to choose
freely to whom to grant the religious status, sacrament or
blessing of marriage under the rules or practices of that
faith. + }
SECTION 3. { + As used in sections 1 to 9 of this 2007 Act:
(1) 'Civil union' means a civil contract entered into in person
between two individuals of the same sex who are at least 18 years
of age, who are otherwise capable and at least one of whom is a
resident of Oregon.
(2) 'Partner' means an individual joined in a civil union. + }
SECTION 4. { + (1) The following civil unions are prohibited
and void:
(a) When either party to the civil union had a partner, wife or
husband living at the time of the civil union.
(b) When the parties to the civil union are first cousins or
any nearer of kin to each other, whether of the whole or half
blood, whether by blood or adoption, computing by the rules of
the civil law. However, when the parties are first cousins by
adoption only, the civil union is not prohibited or void.
(2) When either party to a civil union is incapable of making
the civil contract or consenting to the contract for want of
legal age or sufficient understanding, or when the consent of
either party is obtained by force or fraud, the civil union is
void from the time it is so declared by a judgment of a court
having jurisdiction of the civil union. + }
SECTION 5. { + (1) The Department of Human Services shall
prepare forms entitled:
(a) 'Declaration of Civil Union' meeting the requirements of
section 6 of this 2007 Act; and
(b) 'Certificate of Registered Civil Union. '
(2) The department shall distribute the forms to each county
clerk. The department and each county clerk shall make the
Declaration of Civil Union forms available to the public. + }
SECTION 6. { + (1) Two individuals wishing to become partners
in a civil union may complete and file a Declaration of Civil
Union with the county clerk.
(2) In accordance with the requirements of this section, the
county clerk shall register the Declaration of Civil Union in a
civil union registry and return a copy of the registered form and
a Certificate of Registered Civil Union to the partners in person
or at the mailing address provided by the partners.
(3) An individual who has filed a Declaration of Civil Union
may not file a new Declaration of Civil Union or enter a marriage
with someone other than the individual's registered partner
unless a judgment of dissolution or annulment of the most recent
civil union has been entered. This prohibition does not apply if
the previous civil union ended because one of the partners died.
(4) On the Declaration of Civil Union, each individual who
wants to become a partner in a civil union shall:
(a) State that the individual is at least 18 years of age and
is otherwise capable to enter into a civil union at the time the
individual signs the form;
(b) State whether the individual is a resident of Oregon;
(c) Provide a mailing address;
(d) State that the individual 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 civil union
or for legal separation of the partners in the civil union, or
for any other proceeding related to the partners' rights and
obligations, even if one or both partners ceases to be a resident
of, or to maintain a domicile in, this state;
(e) Sign the form with a declaration that representations made
on the form are true, correct and contain no material omissions
of fact to the best knowledge and belief of the individual; and
(f) Have a notary public acknowledge the individual's
signature.
(5) Both partners' signatures must be affixed to one
Declaration of Civil Union form. Filing an intentionally and
materially false Declaration of Civil Union is punishable as a
misdemeanor.
(6) The county clerk may accept any reasonable proof of an
individual's age satisfactory to the clerk. The clerk may require
proof of age by affidavit of some individual other than either of
the parties seeking to file the Declaration of Civil Union if the
clerk deems it necessary in order to determine the age of the
individual to the clerk's satisfaction.
(7) The county clerk may not register a Declaration of Civil
Union or return a copy of the registered form and a Certificate
of Registered Civil Union to the partners until the provisions of
this section, section 7 of this 2007 Act and all other legal
requirements are complied with.
(8) Notwithstanding any other provision of law, the registry of
civil unions 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 7. { + (1) In addition to any other fees provided by
law, the county clerk shall collect a fee of $25 for registering
a Declaration of Civil Union.
(2) The county clerk shall regularly pay over to the Director
of Human Services all moneys collected under subsection (1) of
this section to be credited to the Domestic Violence Fund
pursuant to ORS 409.300. + }
SECTION 8. { + Upon entering into a civil union, either
individual may retain the individual's prior surname, and either
individual may resume the individual's prior legal name during
the civil union. + }
SECTION 9. { + (1) Any privilege, immunity, right or benefit
granted by statute, administrative or court rule, policy, common
law or any other law to an individual because the individual is
or was married, or because the individual is or was an in-law in
a specified way to another individual, is granted on equivalent
terms, substantive and procedural, to an individual because the
individual is or was in a civil union or because the individual
is or was, based on a civil union, related in a specified way to
another individual.
(2) Any responsibility imposed by statute, administrative or
court rule, policy, common law or any other law on an individual
because the individual is or was married, or because the
individual is or was an in-law in a specified way to another
individual, is imposed on equivalent terms, substantive and
procedural, on an individual because the individual is or was in
a civil union or because the individual is or was, based on a
civil union, related in a specified way to another individual.
(3) Any privilege, immunity, right, benefit or responsibility
granted or imposed by statute, administrative or court rule,
policy, common law or any other law to or on a spouse with
respect to a child of either of the spouses is granted or imposed
on equivalent terms, substantive and procedural, to or on a
partner with respect to a child of either of the partners.
(4) Any privilege, immunity, right, benefit or responsibility
granted or imposed by statute, administrative or court rule,
policy, common law or any other law to or on a former or
surviving spouse with respect to a child of either of the spouses
is granted or imposed on equivalent terms, substantive and
procedural, to or on a former or surviving partner with respect
to a child of either of the partners.
(5) Many of the laws of this state are intertwined with federal
law, and the Legislative Assembly recognizes that it does not
have the jurisdiction to control federal laws or the privileges,
immunities, rights, benefits and responsibilities related to
federal laws.
(6) Nothing in sections 1 to 9 of this 2007 Act requires or
permits the extension of any benefit under ORS chapter 238 or
238A if doing so would conflict with tax qualification
requirements under the Internal Revenue Code and regulations
adopted under the Internal Revenue Code.
(7) For purposes of administering Oregon tax laws, partners in
a civil union, surviving partners in a civil union and the
children of partners in a civil union have the same privileges,
immunities, rights, benefits and responsibilities as are granted
to or imposed on spouses in a marriage, surviving spouses and
their children. + }
SECTION 10. { + Section 11 of this 2007 Act is added to and
made a part of ORS chapter 314. + }
SECTION 11. { + This chapter applies to partners in a civil
union, as defined in section 3 of this 2007 Act, and surviving
partners as if federal income tax law recognized a civil union in
the same manner as Oregon law. + }
SECTION 12. ORS 107.615 is amended to read:
107.615. (1) The governing body of any county may impose a fee
up to $10 above that prescribed in ORS 205.320 (5) for
{ + issuing + } a marriage license { + or registering a
Declaration of Civil Union + }.
(2) In addition to any other funds used therefor, the governing
body shall use the proceeds from the fee increase authorized by
this section to pay the expenses of conciliation services under
ORS 107.510 to 107.610 and mediation services under ORS 107.755
to 107.795. If there are none in the county, the governing body
may provide { - such - } { + conciliation and mediation + }
services through other county agencies or may contract with a
public or private agency or person to provide { - such - }
{ + conciliation and mediation + } services.
(3) The governing body may establish rules of eligibility for
conciliation services funded under this section so long as its
rules do not conflict with rules of the court adopted under ORS
107.580.
(4) Fees collected under this section shall be collected and
deposited in the same manner as other county funds are collected
and deposited but shall be maintained in a separate account to be
used as provided in this section.
SECTION 13. ORS 192.842 is amended to read:
192.842. (1) A county clerk shall use the actual address of a
program participant for voter registration purposes. Except as
provided in ORS 192.820 to 192.868, the county clerk may not
disclose the actual address.
(2) A county clerk shall use the substitute address of the
program participant for purposes of mailing a ballot to an
elector under ORS 254.470.
(3) A school district shall use the actual address of a program
participant for any purpose related to admission or assignment.
The school district shall take such measures as necessary to
protect the confidentiality of the actual address of the program
participant. Student records created under ORS 326.565 and
326.580 shall use the substitute address of the program
participant.
(4) A county clerk shall accept the substitute address of the
program participant as the address of the applicant for the
purpose of issuing a marriage license under ORS 106.041 { + or
registering a Declaration of Civil Union under section 6 of this
2007 Act + }.
SECTION 14. 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 { + an + } affidavit for and making and issuing
{ + a + } marriage license and registering the return
{ - thereof - } { + of the license, or for taking an affidavit
for and registering a Declaration of Civil Union + }, $25.
(6) For solemnizing a marriage under ORS 106.120, $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.
SECTION 15. ORS 409.300 is amended to read:
409.300. (1) There is established the Domestic Violence Fund in
the Services to Children and Families Account of the General Fund
established under ORS 409.260.
(2) All moneys received by the Director of Human Services under
ORS 106.045 { - (2) - } { + or section 7 of this 2007 Act
+ }and any other funds allocated for expenditure under ORS
409.292 shall be credited to the Domestic Violence Fund.
(3) All moneys credited to the Domestic Violence Fund are
continuously appropriated for the purposes of ORS 409.292 to be
expended by the director as provided in ORS 409.290 and 409.292.
However, the director shall expend not more than 10 percent of
such moneys for administrative costs of the Department of Human
Services incurred under ORS 409.290 and 409.292.
SECTION 16. 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 { - of - }
{ + for a + } marriage { + or to a Declaration of Civil
Union + } 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 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 17. ORS 432.405 is amended to read:
432.405. (1) A record of each marriage performed { + and civil
union registered + } in this state shall be filed with the Center
for Health Statistics and shall be registered if it has been
completed and filed in accordance with this section and rules
adopted by the State Registrar of the Center for Health
Statistics.
(2) The county clerk or county official who issues the marriage
license { + or registers the Declaration of Civil Union + }
shall prepare the record in the form prescribed or furnished by
the state registrar upon the basis of information obtained from
the parties { - to be married - } .
(3) Each person who performs a marriage ceremony shall certify
the fact of marriage and return the record to the official who
issued the license within 10 days after the ceremony.
(4) Every official issuing marriage licenses { + or
registering Declarations of Civil Union + } shall complete and
forward to the Center for Health Statistics on or before the 10th
day of each calendar month the records of marriages returned to
such official during the preceding calendar month { + and the
records of Declarations of Civil Union registered during the
preceding calendar month + }.
(5) A marriage { + or civil union + } record not filed within
the time prescribed by this section may be registered in
accordance with rules adopted by the state registrar.
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