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 916
House Bill 2085
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Secretary of State Bill
Bradbury)
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.
Directs State Archivist to provide certain assistance and
training to political subdivisions relating to public records
management, retention, long-term storage and disposition.
Directs State Archivist to award grants to political
subdivisions for programs related to public records management.
Adds fee for filing or recording certain documents with county
clerk.
Creates Public Records Advisory Committee. Establishes Public
Records Management Assistance Fund. Continuously appropriates
moneys to Secretary of State for use by State Archivist.
A BILL FOR AN ACT
Relating to political subdivision public records; creating new
provisions; amending ORS 205.320, 205.323 and 357.885; and
appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 6 of this 2007 Act are added to
and made a part of ORS 357.805 to 357.895. + }
SECTION 2. { + The Legislative Assembly finds that:
(1) Requirements imposed upon political subdivisions for public
records management, retention, long-term storage and disposition
significantly increase costs to political subdivisions.
(2) The State Archivist lacks funds and trained personnel to
provide political subdivisions with sufficient assistance and
advice in public records management, retention, long-term storage
and disposition.
(3) The public records of the State of Oregon and its political
subdivisions are so interrelated and interdependent that the
decision as to which records are retained or destroyed is a
matter of statewide public policy.
(4) The State of Oregon and its political subdivisions have a
responsibility to ensure orderly retention and destruction of all
public records, whether current or noncurrent, and to ensure the
preservation of public records of value for administrative, legal
and research purposes. + }
SECTION 3. { + (1) The State Archivist shall:
(a) Provide assistance to political subdivisions concerning
public records management, retention, long-term storage and
disposition;
(b) Provide advice to political subdivisions concerning
archival preservation, cataloging and indexing of public records;
(c) Train political subdivision officials in the proper methods
of creating, maintaining, cataloging, indexing, transmitting,
storing and reproducing photographic, optical, electronic or
other images used as public records; and
(d) Award grants to political subdivisions for programs
relating to public records management, retention, long-term
storage and disposition.
(2) The State Archivist may employ personnel who are trained
and experienced in public records management, retention,
long-term storage and disposition to work with political
subdivisions in carrying out the provisions of subsection (1) of
this section.
(3) The State Archivist shall use moneys from the Public
Records Management Assistance Fund established in section 4 of
this 2007 Act to carry out the provisions of this section. + }
SECTION 4. { + The Public Records Management Assistance Fund
is established in the State Treasury, separate and distinct from
the General Fund. Interest earned by the Public Records
Management Assistance Fund shall be credited to the fund. Moneys
in the fund are continuously appropriated to the Secretary of
State to be used by the office of the State Archivist for the
purposes set forth in section 3 of this 2007 Act. + }
SECTION 5. { + (1) There is created the Public Records
Advisory Committee, consisting of five members who shall be
appointed by the Secretary of State. In making the appointments,
the Secretary of State shall give consideration to geographic
balance.
(2) The Public Records Advisory Committee shall consist of:
(a) A representative from the office of State Archivist;
(b) Two members from an association of county clerks; and
(c) Two members from an association of city clerks.
(3) The term of office of each committee member is three years,
but a member serves at the sole discretion of the Secretary of
State. The Secretary of State shall appoint a successor to a
member before the expiration of the term of the member. A member
is eligible for reappointment. If a position on the committee is
vacant for any cause, the Secretary of State shall make an
appointment to become immediately effective for the unexpired
term.
(4) A member of the committee may receive only actual and
necessary travel and other expenses pursuant to ORS 292.495.
Members of the committee may not receive compensation for
services as a member. + }
SECTION 6. { + (1) The State Archivist shall award grants
described in section 3 of this 2007 Act to political subdivisions
based on recommendations of the Public Records Advisory
Committee.
(2) The committee shall review grant proposals submitted by
political subdivisions and shall prepare a list of grant
proposals recommended by the committee based on criteria adopted
by rule of the State Archivist.
(3) The State Archivist shall adopt rules governing grant
eligibility, grant evaluation and any other criteria relating to
grant proposals submitted under this section. + }
SECTION 7. ORS 205.323 is amended to read:
205.323. (1) In addition to and not in lieu of the fees charged
and collected under ORS 205.320 and other fees, the following
fees shall be charged and collected for the recording or filing
of any instrument described in ORS 205.130:
(a) A fee of $1, to be credited as provided in subsection
(3)(a) of this section; { - and - }
(b) A fee of $10, to be credited as provided in subsection
(3)(b) of this section { - . - } { + ; and
(c) A fee of $1, to be credited as provided in subsection
(3)(c) of this section. + }
(2) Subsection (1) of this section does not apply to the
recording or filing of the following:
(a) Instruments that are otherwise exempt from recording or
filing fees under any provision of law;
(b) Any satisfaction of judgment or certificate of satisfaction
of judgment; or
(c) Internal county government instruments not otherwise
charged a recording or filing fee.
(3) Of the amounts charged and collected under this section:
(a) The recording or filing fee charged and collected under
subsection (1)(a) of this section shall be deposited and credited
to the Oregon Land Information System Fund established under ORS
306.132; { - and - }
(b) { - Of - } The recording or filing fee charged and
collected under subsection (1)(b) of this section { - , - }
{ + shall be credited as follows:
(A) + } Five percent { + of the fee + } shall be credited for
the benefit of the county { - , - } { + ;
(B) + } Five percent { + of the fee + } shall be credited for
the benefit of the county clerk for the purposes described in ORS
205.320 (18) { + ; + } and
{ + (C) + } 90 percent { + of the fee + } shall be deposited
and credited to the County Assessment and Taxation Fund created
under ORS 294.187 { - . - } { + ; and
(c) The recording or filing fee charged and collected under
subsection (1)(c) of this section shall be deposited as follows:
(A) 50 percent of the fee shall be deposited in the county
treasury and shall be used by the county for the purposes of
county public records management, retention, long-term storage
and disposition.
(B) 50 percent of the fee shall be paid over to the State
Treasurer, who shall deposit the moneys into the Public Records
Management Assistance Fund established in section 4 of this 2007
Act. + }
SECTION 8. 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 affidavit for and making and issuing marriage
license and registering the return thereof, $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.
{ + (e) Fees collected under ORS 205.323 for county public
records management, retention, long-term storage and disposition
and for the Public Records Management Assistance Fund. + }
SECTION 9. ORS 357.885 is amended to read:
357.885. { + Except as provided in section 3 of this 2007
Act, + } the Secretary of State shall prescribe fees to be
charged and collected by the State Archivist for official
services rendered as State Archivist. All moneys received
pursuant to this section shall be deposited in the miscellaneous
receipts account established pursuant to ORS 279A.290 for the
State Archivist.
SECTION 10. { + The amendments to ORS 205.320 and 205.323 by
sections 7 and 8 of this 2007 Act apply to documents recorded or
filed with a county clerk on or after the effective date of this
2007 Act. + }
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