Chapter 654 Oregon Laws 1999

Session Law

AN ACT

HB 3581

Relating to county clerks; creating new provisions; amending ORS 62.360, 86.440, 87.088, 92.140, 93.030, 93.410, 93.610, 93.620, 93.630, 182.060, 205.125, 205.130, 205.135, 205.140, 205.160, 205.180, 205.190, 205.236, 205.246, 205.320, 209.255, 224.100, 224.120, 294.990, 311.675, 517.030, 517.052, 517.160, 517.180, 517.210, 517.220, 517.280, 517.310 and 517.320; and repealing ORS 205.325, 294.230, 294.235, 294.240 and 294.245 and section 5, chapter 710, Oregon Laws 1999 (Enrolled House Bill 2774).

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS chapter 93.

SECTION 2. An instrument conveying title or interest to the State of Oregon or to a county, city or other political subdivision in this state may not be recorded unless the instrument carries an indication of approval of the conveyance by this state or the political subdivision accepting title or interest.

SECTION 3. ORS 62.360 is amended to read:

62.360. (1) A cooperative may [file] record any contract authorized by ORS 62.355 in the office of the county clerk of the county in which the member resides or in which products covered by that contract have been or are to be produced. If the cooperative has substantially uniform contracts with more than one member residing or producing such products in any county, it may, in lieu of [filing] recording the original contracts, [file] record:

(a) A true copy of the uniform contract; and

(b) A sworn list or sworn lists of the names of members who have executed such contract and who reside or produce such products in that county, and the effective date of the contract as to each such member.

(2) The county clerk shall [number consecutively and file] record each such contract, and shall record alphabetically in [a book to be kept for that purpose and available for public inspection] the Cooperative Contract Record the name of each party to that contract [and enter opposite that name the file number of the contract and its effective date as to that party]. For [filing] recording such contract the fee is the same as for [filing a financing statement, and for recording names of parties to such contract the fee is two cents for each name] recording a contract under ORS 205.320.

(3) [Filing and] Recording pursuant to this section shall operate as constructive notice to all persons of the existence and contents of the contract. Any right, title, interest or lien created as to the products covered by the contract subsequent to such [filing and] recording is subject to the cooperative's right, title or interest under that contract. If the member creates any mortgage upon or other security interest in any such products subsequent to such contract [filing and] recording, and if the member and the mortgagee or secured party jointly notify the cooperative in writing of the existence and amount of the mortgage or other security interest, all payments which after such notice become due from the cooperative to that member by reason of the cooperative's sale or other handling of those products shall be paid by the cooperative to the mortgagee or other secured interest until the amount of the mortgage or secured party has been paid, and the balance thereafter shall be paid to the member.

(4) When a contract [filed] recorded under this section has been terminated in any manner, the cooperative shall give, upon demand, a statement of termination to the member party to the contract, who may [file] record the statement in the office of the county clerk where the contract was originally filed or recorded. The county clerk shall [stamp "Expired" after] record the termination and index the name of the member in the [alphabetical record] Cooperative Contract Record. [The fee for the filing and stamping is $1.25.] A cooperative may [file] record at any time in the office of the county clerk where the contract was originally filed or recorded, a sworn list of the names of all persons whose contracts have been terminated in any manner other than by expiration of their term, and the county clerk shall [stamp "Expired" after] record the termination and index the name of each of those persons in the [alphabetical record] Cooperative Contract Record. [For such filing and stamping the county clerk shall receive a fee of two cents for each such name] The fee for recording and indexing a document under this section is the fee established in ORS 205.320.

SECTION 4. ORS 86.440 is amended to read:

86.440. [(1)] Whenever any mortgage recorded [or filed] under the provisions of ORS 86.350 (1959 Replacement Part) is paid or otherwise satisfied, it shall be discharged by [the indorsing by the owner of record upon the original instrument, if filed, or upon the margin of the record thereof, if recorded, of a notation, attested by the county recording officer, of such discharge, or by the filing] the recording with the recording officer of a certificate of such owner, executed and acknowledged with the same formalities as are prerequisite to the [filing or] recording of any such mortgage, showing the date of execution, date of [filing or] recording, and [file number or volume and page] recording number of the record thereof, and that such mortgage has been fully discharged.

[(2) Upon receipt of the fee prescribed by law the recording officer shall prepare such notation and attest the execution of it, or file such certificate in an appropriate place in the office of the recording officer. Upon the making of the entry or the filing of the certificate, the recording officer shall deliver the original mortgage to the mortgagor, or the personal representatives or assigns of the mortgagor, if such mortgage shall have been filed, and shall enter the word "satisfied," with the date thereof, opposite each entry of the mortgage in the index.]

SECTION 5. ORS 87.088 is amended to read:

87.088. The county recording officer shall record a written release of the lien or the county treasurer [of a county] in whose office [a bond or] money is [filed or] deposited under ORS 87.076 shall return [it] the money to the person who made the [filing or] deposit when:

(1) A suit to foreclose the lien is not commenced within the time specified by ORS 87.055; [or]

(2) The person who [filed] recorded the bond or deposited the money presents a certified copy of a court's order for the [return] release of the bond or all or some of the money to that person; or

(3) The person who [filed] recorded the bond or deposited the money presents a written release of lien signed by the lien claimant.

SECTION 6. ORS 92.140 is amended to read:

92.140. (1) The records entitled "Record of Town Plats" shall be provided [in the front part] with indices, in which shall be entered in alphabetical order, all subdivision plats recorded therein. The declarations to such subdivision plats shall also be indexed in the indices of Records of Deeds for the county. [When the subdivision plats are so filed, bound and indexed they shall be the legal record of all subdivision plats.]

(2) Counties with a consolidated index may index the town plats in the consolidated index. The declarants shall be indexed as the direct parties and the subdivision plat name shall be indexed as the indirect party.

(3) Subdivision plats recorded by a county clerk shall be the legal record of all subdivision plats. The subdivision plats shall be preserved as the permanent record of the county.

SECTION 6a. If House Bill 2774 becomes law, section 5, chapter 710, Oregon Laws 1999 (Enrolled House Bill 2774) (amending ORS 92.140), is repealed and ORS 92.140, as amended by section 6 of this 1999 Act, is amended to read:

92.140. (1) [The records entitled "Record of Town Plats" shall be provided with indices, in which shall be entered in alphabetical order, all subdivision plats recorded therein.] All subdivision and partition plats shall be indexed in the recording indices of the county. The declarations to such [subdivision] plats shall also be indexed in the indices of Records of Deeds for the county. When the subdivision and partition plats are so recorded and indexed, they shall be the legal record of all subdivision and partition plats.

(2) Counties with a consolidated index may index [the town] plats in the consolidated index. The declarants shall be indexed as the direct parties and the [subdivision] plat name shall be indexed as the indirect party.

(3) [Subdivision plats recorded by a county clerk shall be the legal record of all subdivision plats.] The subdivision and partition plats shall be preserved as the permanent record of the county.

SECTION 7. ORS 93.030 is amended to read:

93.030. (1) As used in this section, "consideration" includes the amount of cash and the amount of any lien, mortgage, contract, indebtedness or other encumbrance existing against the property to which the property remains subject or which the purchaser agrees to pay or assume.

[(1)] (2) All instruments conveying or contracting to convey fee title to any real estate, and all memoranda of such instruments, shall state on the face of such instruments the true and actual consideration paid for such transfer, stated in terms of dollars. [As used in this section, "consideration" includes the amount of cash and the amount of any lien, mortgage, contract, indebtedness or other encumbrance existing against the property to which the property remains subject or which the purchaser agrees to pay or assume.] However, if the actual consideration consists of or includes other property or other value given or promised, neither the monetary value nor a description of such other property or value need be stated so long as it is noted on the face of the instrument that other property or value was either part or the whole consideration.

[(2)] (3) The statement of consideration as required by subsection [(1)] (2) of this section shall be made by a grantor or a grantee. Failure to make such statement does not invalidate the conveyance.

[(3)] (4) If the statement of consideration is in the body of the instrument preceding the signatures, execution of the instrument shall constitute a certification of the truth of the statement. If there is a separate statement of consideration on the face of the instrument, it shall be signed separately from the instrument, and such execution shall constitute a certification of the truth of the statement by the person signing. No particular form is required for the statement so long as the requirements of this section are reasonably met.

[(4)] (5) No instrument conveying or contracting to convey fee title to any real estate nor any memorandum of such an instrument shall be accepted for recording by any county clerk or recording officer in this state unless the statement of consideration required by this section is included on the face of the instrument.

[(5)] (6) This section applies to instruments executed on or after January 1, 1968.

SECTION 8. ORS 93.410 is amended to read:

93.410. Except as otherwise provided by law, deeds executed within this state, of lands or any interest in lands therein, shall be signed by the grantors and [may] shall be acknowledged before any judge of the Supreme Court, circuit judge, county judge, justice of the peace or notary public within the state. No seal of the grantor, corporate or otherwise, shall be required on the deed.

SECTION 9. ORS 93.610 is amended to read:

93.610. (1) Separate books shall be provided by the county clerk in each county for the recording of deeds and mortgages. In one book all deeds left with the clerk shall be recorded at full length, or as provided in ORS 93.780 to 93.800, with the certificates of acknowledgment or proof of their execution, and in the other all mortgages left with the county clerk shall in like manner be recorded. All other real property interests [provided] required or permitted by law to be recorded shall be recorded in the records maintained under ORS 205.130 or in records established under any other law.

(2) Counties maintaining a consolidated index shall record deeds and mortgages and index them in the consolidated index in such a manner as to identify the entries as a deed or mortgage record. All other real property interests required or permitted by law to be recorded shall be recorded in the records kept and maintained under ORS 205.130 or in records established under any other law.

SECTION 10. ORS 93.620 is amended to read:

93.620. The county clerk shall certify upon every [conveyance] instrument recorded by the county clerk the time when it was [received] recorded and a reference to [the book and page] where it is recorded. Every [conveyance] instrument is considered recorded at the time it was so [received] certified.

SECTION 11. ORS 93.630 is amended to read:

93.630. The county clerk shall also keep a proper [index, direct and inverted, to the books for the recording] direct index and a proper indirect index to the record of deeds, mortgages and all other real property interests [provided] required or permitted by law to be recorded, in which the county clerk shall enter, alphabetically, the name of every party to each instrument recorded by the county clerk, with a reference to [the book and page] where it is recorded.

SECTION 12. ORS 182.060 is amended to read:

182.060. When requested by a state board or commission, the county clerk shall [file or record, or both,] record in the office of the clerk any instrument affecting real property and [immediately] shall return to the board or commission a receipt for the instrument[, aptly describing it and] showing the legal charge for the [filing or] recording of the instrument.

SECTION 13. ORS 205.125 is amended to read:

205.125. (1) The County Clerk Lien Record maintained under ORS 205.130 shall contain the following information for each order or warrant recorded:

(a) The name of any person subject to the order or warrant.

(b) The name of the officer [or] and the agency that issued the order or warrant [or order] or the name of the claimant in whose favor an order of the Construction Contractors Board has been given. The name of the agency or board that issued the order or warrant must be clearly printed on the order or warrant.

(c) The amount of any monetary obligation imposed by the order or warrant, and the name of all persons against whom the obligation is imposed.

(d) The date on which the order or warrant was received and recorded.

(e) Full or partial satisfaction, if any, of any lien claim created by the order or warrant.

(f) County Clerk Lien Record instruments filed under ORS 205.130 (3)(c)(A) shall be on official letterhead and include the seals, if any, of the officers and agencies.

[(f)] (g) Such other information as may be considered necessary by the county clerk.

(2) From the date that an order or warrant is recorded in the County Clerk Lien Record, the order or warrant shall have the attributes and effect of a judgment that has been entered in the register and docketed in the judgment docket of the circuit court for that county, including but not limited to the creation of a lien in favor of the officer or agency issuing the order or warrant or in favor of the claimant in the proceedings before the Construction Contractors Board, renewal and enforcement by supplementary proceedings, writs of execution, notices of garnishment and writs of garnishment.

(3) From the date that an order or warrant is recorded in the County Clerk Lien Record, the order or warrant becomes a lien upon any interest in real property of the person against whom the order or warrant is issued in the county where the order or warrant is recorded.

(4) In addition to any other remedy provided by law, orders and warrants recorded in the County Clerk Lien Record may be enforced as provided in ORS 205.126.

SECTION 14. ORS 205.130 is amended to read:

205.130. The county clerk shall:

(1) Have the custody of, and safely keep and preserve all files and records of deeds and mortgages of real property, and all maps, plats, contracts, powers of attorney and other interests affecting the title to real property required or permitted by law to be recorded.

(2) Record, or cause to be recorded, in a legible and permanent manner, and keep in the office of the county clerk, all:

(a) Deeds and mortgages of real property, powers of attorney and contracts affecting the title to real property, authorized by law to be recorded, assignments thereof and of any interest therein when properly acknowledged or proved and other interests affecting the title to real property required or permitted by law to be recorded;

(b) Certificates of sale of real property under execution or order of court, or assignments thereof or of any interest therein when properly acknowledged or proved; and

(c) Certified copies of death certificates of any person appearing in the county records as owning or having a claim or interest in land in the county. Notwithstanding any other law, death certificates recorded in the county deed records are no longer vital records as defined by ORS 432.005 and are public records that are open and subject to full disclosure.

(3) Keep and maintain:

(a) Deed and mortgage records;

(b) Statutory lien records; [and]

(A) The warrants and orders of officers and agencies [as provided by law] when required or permitted by law to be recorded; and

(B) All instruments presented for recordation when required or permitted by law to be recorded that [which] affect the title to or an interest in real property, other than instruments recorded in the deed and mortgage records or the statutory lien records[.];

(d) Releases, satisfactions, assignments, amendments and modifications of recorded instruments; and

(e) Other instruments required or permitted by law to be recorded not affecting interests in real property.

(4) Perform all the duties in regard to the [filing,] recording and indexing of deeds and mortgages of real property, contracts, abstracts of judgments, notices of pendency, powers of attorney and other interests [provided by law affecting] when required or permitted by law to be recorded that affect the title of real property, and in regard to the entry of satisfaction and discharge of the same, together with other documents [authorized] required or permitted by law to be recorded.

(5) Incur no civil or criminal liability, either personally or in an official capacity, for recording an instrument that does not comply with the provisions of law that require or allow the recording of the instrument.

SECTION 14a. If House Bill 2774 becomes law, section 14 of this 1999 Act (amending ORS 205.130) is repealed and ORS 205.130, as amended by section 9, chapter 710, Oregon Laws 1999 (Enrolled House Bill 2774), is amended to read:

205.130. The county clerk shall:

(1) Have the custody of, and safely keep and preserve all files and records of deeds and mortgages of real property, and a record of all maps, plats, contracts, powers of attorney and other interests affecting the title to real property required or permitted by law to be recorded.

(2) Record, or cause to be recorded, in a legible and permanent manner, and keep in the office of the county clerk, all:

(b) Certificates of sale of real property under execution or order of court, or assignments thereof or of any interest therein when properly acknowledged or proved; and

(c) Certified copies of death certificates of any person appearing in the county records as owning or having a claim or interest in land in the county. A death certificate recorded in the deed records of a county [pursuant to this section] under this subsection is a public record and is not subject to the disclosure limitations under ORS 432.121.

(3) Keep and maintain:

(a) Deed and mortgage records;

(b) Statutory lien records;

(A) The warrants and orders of officers and agencies that are required or permitted by law to be recorded; and

(B) All instruments presented for recordation when required or permitted by law to be recorded [and] that affect the title to or an interest in real property, other than instruments recorded in the deed and mortgage records or the statutory lien records;

(d) Releases, satisfactions, assignments, amendments and modifications of recorded instruments; and

(e) Other instruments required or permitted by law to be recorded not affecting interests in real property.

(4) Perform all the duties in regard to the recording and indexing of deeds and mortgages of real property, contracts, abstracts of judgments, notices of pendency, powers of attorney and other interests when required or permitted by law to be recorded that affect the title of real property, and in regard to the entry of satisfaction and discharge of the same, together with other documents required or permitted by law to be recorded.

SECTION 15. ORS 205.135 is amended to read:

205.135. Whenever the text of a document presented for record may be made out but is not sufficiently legible to reproduce a readable photographic record, the county clerk [may] shall require the person presenting it for record to substitute a legible original document or [direct the county clerk to] prepare a true copy thereof by handwriting or typewriting and attach the same to the original as a part of the document for making the permanent photographic record.

SECTION 16. ORS 205.140 is amended to read:

205.140. A transcript of the record of any instruments duly recorded by the county clerk in any county under the authority of ORS 205.130 and 205.160 to 205.190, or a photographic or photostatic copy thereof, duly certified by the county clerk, under the seal of office, may be recorded in the office of any county clerk or read in evidence in any court with like force and effect as the original instrument.

SECTION 17. ORS 205.160 is amended to read:

205.160. (1) The county clerk shall keep a [general index, direct and indirect,] direct general index and an indirect general index in the office of the clerk.

(2) The direct general index [direct shall be divided into seven columns, with heads to the respective columns as follows] shall contain, but need not be limited to, the following:

(a) Date and time of reception.

(b) Names of [grantor] grantors.

(d) Nature or type of instrument.

(e) Volume and page where recorded or the instrument number.

(f) Remarks.

(g) Brief description of tract.

(h) To whom delivered.

(i) Fees received.

(3) The clerk shall make correct entries in [such] the direct general index of every instrument recorded under the appropriate heading, entering the names of the grantors in [an] alphabetical [form] order.

[(3)] (4) The indirect general index [indirect shall be divided into seven columns, with heads to the respective columns as follows] shall contain, but need not be limited to, the following:

(a) Date and time of reception.

(b) Names of grantees.

(d) Nature or type of instrument.

(e) Volume and page where recorded or the instrument number.

(f) Remarks.

(g) Brief description of tract.

(5) The clerk shall make in [such] the indirect general index correct entries of every instrument required by law to be entered in the general index direct, entering the names of the grantors in alphabetical order.

[(4)] (6) Whenever any mortgage, bond, judgment or other instrument has been released or discharged from record, or by recording a deed or lease, the clerk shall immediately note in both [general indexes] the direct general index and the indirect general index under the column headed "Remarks," and opposite the appropriate entry, that such instrument has been satisfied.

[(5)] (7) In lieu of [a general index,] both the direct general index and the indirect general index a county clerk may use a data processing device or computer to provide [an index in machine language for indexing entries. There may be added to said index the tax account number for each piece of property affected by the entry. From said data processing device or computer, print-outs shall be made on January 1 of each year. One such print-out shall be alphabetical by grantor and grantee and shall constitute the general index herein required. In case of satisfied mortgages, bonds or other instruments released or discharged during the year, the annual print-outs shall be considered compliance with subsection (4) of this section. A master tape or record for security purposes must be maintained for any index so created as well as a record of the data processing or computer programs in accordance with which the index in machine language is created and used, along with a record of any revisions.] a combined index to books or records defined in law that shall contain the following:

(a) Date and time of reception.

(b) Names of grantees.

(c) Names of grantors.

(d) Nature or type of instrument.

(e) Recording number.

(f) Brief description of tract.

(g) To whom delivered.

(h) Fees received.

(i) When available, a reference to the instrument being released or discharged.

(j) Such other information as the county clerk may require.

(8) The county clerk shall provide public access to the combined index and otherwise meet the requirements of ORS chapter 192.

SECTION 18. ORS 205.180 is amended to read:

205.180. [(1) The county clerk shall keep a record which shall be divided into five columns, with heads to the respective columns as follows:]

[(a) Date and time of reception]

[(b) Name of grantor]

[(c) Name of grantee]

[(d) To whom delivered]

[(e) Fees received]

(1) The county clerk shall make in the appropriate record correct entries of every instrument required by law to be recorded.

(2) Whenever any instrument has been received for record, the county clerk shall immediately [indorse] place upon such instrument a certificate, noting the day, hour and minute of its reception and fees received for recording and, when recorded, a reference to [the book and page] where it is recorded. The date of record of such instrument is the date of recordation.

(3) Whenever any instrument has been recorded, the county clerk shall immediately make an entry in the record of the clerk[, under each appropriate heading,] with the amount paid as fee for recording.

(4) After such instrument has been recorded the county clerk shall [deliver] return it to the person who recorded or is authorized to receive the same, writing the name of the person to whom it is delivered in the [appropriate column] record.

SECTION 19. ORS 205.190 is amended to read:

205.190. Each county clerk shall keep [a large, well-bound book, in which shall be platted] all maps executed prior to May 22, 1909, of towns, villages, or additions to the same, or cemeteries, within the county, together with any description, acknowledgment or other writing therein. The clerk shall keep an index to such [books of] plats, which index shall contain the name of the town, village, addition or cemetery plat. The clerk shall not be bound to perform any duty required by ORS 205.130, 205.160, 205.180 and this section for which a fee is allowed, unless such fee has been paid or tendered, but when any such map has, prior to May 29, 1919, been incorrectly recorded in the plat records or deed records of the county, and such plat so incorrectly recorded is again presented by anyone to the clerk for record, the clerk shall correctly record such map [in the book of plats] without charge therefor[, and shall make notation on the margin of the original record of the map in the book of plats, of the fact of such re-recording, giving the book and page where the re-recording appears]. The original map so re-recorded, as well as all maps recorded under this section, as well as all original maps or plats recorded prior to May 29, 1919, [in the book of plats or deed records,] shall be safely kept and maintained by [in the office of] the clerk in a suitable receptacle (having due regard to the aged, frail or worn condition of such maps) to be provided by the county. The clerk shall not refuse to comply with this section by reason of the fact that some portion of the lands so platted were brought under any statute of this state relating to the registration of land titles.

SECTION 19a. If House Bill 2774 becomes law, section 19 of this 1999 Act (amending ORS 205.190) is repealed.

SECTION 20. ORS 205.236 is amended to read:

205.236. (1) An instrument required or permitted by law to be recorded shall be clearly labeled in sufficient detail to enable the clerk to record the instrument in the appropriate record.

(2) An instrument describing two or more transactions [recordable] required or permitted by law to be recorded as separate instruments may be recorded when the instrument is labeled in sufficient detail to enable the clerk to record the transactions in the appropriate records and:

(a) The transactions described in the instrument involve the same properties;

(b) The transactions are assignments, releases or satisfactions [described in ORS 205.320 (12); or] of any recorded instrument;

(d) The transactions are municipal assessment liens being recorded under ORS 93.643;

(e) The instrument is recorded under ORS 371.650; or

(f) The instrument is a cooperative contract recorded under ORS 62.360.

(3) When an instrument described in subsection (2) of this section is accepted for recording by a county clerk, the county clerk shall enter the instrument into the appropriate records.

(4) [In addition to and not in lieu of the fees charged under ORS 205.320, a fee of $5] Recording fees shall be charged for recording each additional transaction described in subsection (2) of this section and the fee shall be the fee provided for in ORS 205.320.

(5) Nothing in this section is intended to abolish the requirements for collection of the fees required under section 15, chapter 796, Oregon Laws 1989.

(6) Recording an instrument under this section when the instrument is not clearly labeled does not affect the validity of the recordation.

(7) A county clerk shall not incur civil or criminal liability, either personally or in an official capacity, for recording an instrument under this section when the instrument is not labeled in sufficient detail to allow the clerk to record the transactions in all appropriate records.

SECTION 21. ORS 205.246 is amended to read:

205.246. (1) The county clerk shall record the following instruments required or permitted by law to be [filed] recorded and entered in the office of the county clerk:

(a) [Financing statements filed] Fixture filings recorded in the office of the county clerk under ORS [79.4010] 79.3130 (1)(b);

(b) Hospital and physician liens [filed] recorded under ORS 87.565;

(d) Cooperative contracts [filed] recorded under ORS 62.360;

(e) Special district assessments attaching to real property;

(f) Lien foreclosure statements [filed] recorded under ORS 87.202;

(g) A certified copy of the judgment or a lien record abstract or other liens affecting the title to real property;

(h) Building code exemptions required under ORS 455.320 and 455.345; [and]

[(i) Notice of intent to forfeit real property.]

(i) Construction liens recorded under ORS 87.050;

(j) Liens upon chattels recorded under ORS 87.246;

(k) Liens on real property recorded under ORS 87.372;

(L) Employee benefit plan liens recorded under ORS 87.860;

(m) Attorney liens recorded under ORS 87.455 and 87.460;

(n) Long term care liens recorded under ORS 87.517;

(o) Ambulance services liens recorded under ORS 87.623;

(p) Agricultural producers liens recorded under ORS 87.720;

(q) Community property records recorded under ORS 108.530;

(r) Sheriff transfer of records recorded under ORS 206.100;

(s) Corrected instruments required under ORS 205.244;

(t) Mineral and mining records required under ORS 517.030, 517.052, 517.160, 517.180, 517.210, 517.220, 517.280, 517.310 and 517.320;

(u) Copies of records certified by a county clerk or court clerk;

(v) Town plats recorded under ORS 92.140;

(w) Authority to solemnize marriage recorded under ORS 106.120; and

(x) Condominiums recorded under ORS chapter 100.

(2) The county clerk shall charge and collect fees specified in ORS 205.320, [(4)] 205.327 and 205.350 for recording any instrument required to be recorded under subsection (1) of this section.

(3) [Separate] Indexes may be maintained for instruments recorded under subsection (1) of this section [in order to provide for quick location of instruments] in the same manner as provided in ORS 205.160.

SECTION 21a. If House Bill 2774 becomes law, ORS 205.246, as amended by section 21 of this 1999 Act, is amended to read:

205.246. (1) The county clerk shall record the following instruments required or permitted by law to be recorded and entered in the office of the county clerk:

(a) Fixture filings recorded in the office of the county clerk under ORS 79.3130 (1)(b);

(b) Hospital and physician liens recorded under ORS 87.565;

(d) Cooperative contracts recorded under ORS 62.360;

(e) Special district assessments attaching to real property;

(f) Lien foreclosure statements recorded under ORS 87.202;

(g) A certified copy of the judgment or a lien record abstract or other liens affecting the title to real property;

(h) Building code exemptions required under ORS 455.320 and 455.345;

(i) Construction liens recorded under ORS 87.050;

(j) Liens upon chattels recorded under ORS 87.246;

(k) Liens on real property recorded under ORS 87.372;

(L) Employee benefit plan liens recorded under ORS 87.860;

(m) Attorney liens recorded under ORS 87.455 and 87.460;

(n) Long term care liens recorded under ORS 87.517;

(o) Ambulance services liens recorded under ORS 87.623;

(p) Agricultural producers liens recorded under ORS 87.720;

(q) Community property records recorded under ORS 108.530;

(r) Sheriff transfer of records recorded under ORS 206.100;

(s) Corrected instruments required under ORS 205.244;

(t) Mineral and mining records required under ORS 517.030, 517.052, 517.160, 517.180, 517.210, 517.220, 517.280, 517.310 and 517.320;

(u) Copies of records certified by a county clerk or court clerk;

(v) [Town] Subdivision and partition plats recorded under ORS 92.140;

(w) Authority to solemnize marriage recorded under ORS 106.120; and

(x) Condominiums recorded under ORS chapter 100.

(2) The county clerk shall charge and collect fees specified in ORS 205.320, 205.327 and 205.350 for recording any instrument required to be recorded under subsection (1) of this section.

(3) Indexes may be maintained for instruments recorded under subsection (1) of this section in the same manner as provided in ORS 205.160.

SECTION 22. 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, [for the first page, $5, for each additional page, $5] $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. 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, [$3.75] 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) [For recording any] In addition to and not in lieu of the fees charged under subsection (4) of this section, for each additional municipal assessment [record, as provided by law] lien recorded under ORS 93.643, $5 [for each page].

(12) In addition to and not in lieu of the fees charged under subsection (4) of this section, for [recording the] each additional assignment, release or satisfaction of any recorded instrument, $5 [for each additional instrument being assigned, released or satisfied].

(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 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 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.

SECTION 23. ORS 209.255 is amended to read:

209.255. (1) Any survey map or narrative filed and recorded under the provisions of this chapter may be amended by an affidavit of correction:

(a) To show any courses or distances omitted from the map or narrative;

(b) To correct an error in any courses or distances shown on the map or narrative;

(d) To correct any other errors or omissions where the error or omission is ascertainable from the data shown on the map or narrative as recorded.

(2) Nothing in this section shall be construed to permit changes in courses or distances for the purpose of redesigning parcel configurations.

(3) The affidavit of correction shall be prepared by the registered professional land surveyor who filed the map or narrative. In the event of the death, disability or retirement from practice of the surveyor who filed the map or narrative, the county surveyor may prepare the affidavit of correction. The affidavit shall set forth in detail the corrections made. The seal and original signature of the registered professional land surveyor making the affidavit shall be affixed to the affidavit.

(4) The county surveyor having jurisdiction of the map or narrative shall certify that the affidavit of correction has been examined and that the changes shown on the map or narrative are changes permitted under this section.

(5) The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the county recorder of the county where the survey or narrative is recorded. The county clerk shall promptly [provide a] return the recorded [copy of the] affidavit to the county surveyor who shall note the correction and the recorder's filing information with permanent ink, upon the original survey or narrative filed in accordance with ORS 209.250. The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the survey or narrative.

(6) In addition to the fees established by ORS 205.320 for recording the affidavit in the county deed records, the county clerk shall collect a fee set by the county governing body. The county clerk shall collect [a] the fee as set by the county governing body to be paid to the county surveyor for services provided under this section.

SECTION 24. ORS 224.100 is amended to read:

224.100. The clerk or officer referred to in ORS 224.090 shall record the transcript referred to in that section in the mortgage records of the county and properly index it. The issuance of a writ of review shall not prevent the [filing,] recording and indexing of such transcript, but upon final determination of the review a further transcript shall be [filed] recorded showing the amount of the assessment. [A notation shall be made upon the margin of the record of the first transcript showing that it has been merged into the second transcript.] The second transcript shall be indexed and recorded and the same shall, for the amount specified therein, have the same force and effect as the first transcript would have had.

SECTION 25. ORS 224.120 is amended to read:

224.120. In case of a sale without a foreclosure in court a duplicate certificate of sale shall be made by the city official making the sale and [filed] recorded with the county clerk or other officer having charge of mortgage records of the county[, who shall enter a memorandum of the sale upon the margin of the record where the lien is recorded]. In case of redemption or issuance of a deed upon such certificate of sale a further certificate of such fact shall be made by the proper city official and shall be [filed] recorded in the same manner [and noted upon the margin of the mortgage records].

SECTION 26. ORS 294.990 is amended to read:

294.990. (1) Any officer willfully violating any of the provisions of ORS 51.340 [or of 294.230 to 294.245] shall, upon conviction thereof, be fined not more than $25 for each offense, to be paid into the county treasury for the benefit of the common schools.

(2) Unless the time is extended by the commission, any municipal corporation subject to ORS 294.605 to 294.705 which fails, neglects or refuses to submit its annual budget to the commission on or before May 15 of each year, as provided in ORS 294.635, shall forfeit to the use of the tax supervising and conservation commission fund $50 for each day of such failure, refusal or neglect.

(3) Any levying board subject to ORS 294.605 to 294.705 which fails, neglects or refuses to attend any budget hearing at the time and place fixed by the commission, or to be represented by counsel thereat, shall forfeit to the use of the tax supervising and conservation commission fund $25 for each member of such levying board responsible for such failure, neglect or refusal.

SECTION 27. ORS 311.675 is amended to read:

311.675. (1) In each county in which there is tax-deferred property, the Department of Revenue shall cause to be recorded in the mortgage records of the county, a list of tax-deferred properties of that county. The list shall contain a description of the property as listed on the assessment roll together with the name of the owner listed thereon.

(2) Except as provided in ORS 311.679, the recording of the tax-deferred properties under subsection (1) of this section is notice that the department claims a lien against those properties in the amount of the deferred taxes plus interest together with any fees paid to the county clerk in connection with the recording, release or satisfaction of the lien, even though the amount of taxes, interest or fees is not listed.

(3) Notwithstanding the provisions of ORS 182.040 to 182.060 and 205.320 relating to the time and manner of payment of fees to the county clerk, the department shall not be required to pay any filing, indexing or recording fees to the county in connection with the recording, release or satisfaction of liens against tax-deferred properties of that county in advance or at the time entry is made. The manner of payment of the fees shall be [made in the same manner] as provided in ORS 205.395 for the payment of fees for recording and making entry of warrants or orders in the County Clerk Lien Record.

SECTION 28. ORS 517.030 is amended to read:

517.030. The locator shall, within 60 days from the posting of the location notices by the locator upon the lode or claim, record with the clerk of the county where the claim is situated, who shall be the custodian of mining records and miners' liens, a copy of the notice posted by the locator upon the lode or claim and shall pay the clerk a fee for such [record] recording as provided in ORS 205.320, which sum the clerk shall immediately pay over to the treasurer of the county and shall take a receipt therefor, as in case of other county funds coming into the possession of such officer. The clerk shall immediately record the location notice.

SECTION 29. ORS 517.052 is amended to read:

517.052. The individual locating a placer deposit shall, within 60 days from the posting of the location notice upon the claim, record with the clerk of the county where the claim is situated, a copy of the notice posted by the individual upon the claim. The fee for [filing] recording such location notice shall be [the same as required by ORS 517.030 for recording location notices of mineral-bearing rock claims] the fee provided for in ORS 205.320. The clerk shall immediately record the location notice [in a book kept by the clerk for that purpose].

SECTION 30. ORS 517.160 is amended to read:

517.160. (1) The proprietor of a vein or lode, or placer claim, or the owner of a quartz mill or reduction works, may locate not more than five acres of nonmineral land as a millsite. Such locations shall be made in the same manner as provided in ORS 517.044 for locating placer claims, except that no discovery or location work is required. Where a millsite is appurtenant to a mining claim, either lode or placer, the notice of location of such millsite shall describe by appropriate reference the mining claim to which it is appurtenant.

(2) The locator of a millsite shall, within 30 days from the date of posting a notice thereon, record a copy thereof with the same county officer. [and shall pay the same fee therefor, as in the case of quartz or placer claims] The fee for recording such location notice shall be the fee provided for in ORS 205.320. Such location notices shall be recorded in the same manner as location notices of quartz or placer claims but need have no affidavit of location work attached.

SECTION 31. ORS 517.180 is amended to read:

517.180. (1) An owner of land in which another person holds a mineral interest, may extinguish the holder's interest by publishing notice and submitting an affidavit of publication for recording as described in subsections (4) to (9) of this section, unless:

(a) Within the last 30 years, the holder of the mineral interest has submitted a statement of claim for recording in the manner set out in subsection (3) of this section; or

(b) The holder of the mineral interest acquired the mineral interest within the previous 30 years.

(2) For the purposes of this section:

(a) "Mineral interest" includes any interest that is created by an instrument transferring, either by grant, assignment, reservation or otherwise, an interest of any kind in coal, oil, gas or other minerals and geothermal resources, except an interest vested in the United States, the State of Oregon or a political subdivision of the State of Oregon. A mineral interest does not include an interest in sand or gravel.

(b) "Owner of land" includes a vested fee simple owner or a contract purchaser.

(3) The statement of claim referred to in subsection (1) of this section shall be submitted for recording in the office of the clerk of the county in which the land affected by the mineral interest is located and shall contain:

(a) The name and address of the holder of the mineral interest as that name is shown in the instrument that created the original mineral interest; and

(b) The name and address of the current holder of the mineral interest.

(4) To extinguish the mineral interest held by another person, and acquire ownership of that interest, the owner of the land shall publish notice of the lapse of the mineral interest at least once each week for three consecutive weeks in a newspaper of general circulation in the county in which the lands affected by the mineral interest are located. If the address of the mineral interest holder is known or can be determined by due diligence, the notice shall also be mailed by the owner of the land to the holder of the mineral interest before the first publication.

(5) The notice required in subsection (4) of this section shall include:

(a) The name of the holder of the mineral interest, as shown of record;

(b) A reference to the instrument creating the original mineral interest, including where it is recorded;

(d) The name and address of the person giving the notice;

(e) The date of first publication of the notice; and

(f) A statement that the holder of the mineral interest must submit a statement of claim to the county clerk within 60 days after the date of the last publication or the mineral interest of the holder may be extinguished.

(6) A copy of the notice and an affidavit of publication of the notice, as described in subsection (7) of this section, shall be submitted to the county clerk within 15 days after the date of the last publication of the notice in the office of the clerk of the county where the lands affected by the mineral interest are located.

(7) The affidavit of publication shall contain either:

(a) A statement that a copy of the notice was mailed to the holder of the mineral interest and the address to which it was mailed; or

(b) If no copy of the notice was mailed, a detailed description, including dates, of the efforts made to determine with due diligence the address of the holder of the mineral interest.

(8) If the owner of the land affected by the mineral interest gives notice as required in subsection (4) of this section and submits a copy of the notice and the affidavit of publication for recording as required by subsection (6) of this section, the mineral interest of the holder shall be extinguished and become the property of the owner of the lands, unless the holder of the mineral interest submits a statement of claim to the county clerk within 60 days after the date of the last publication of the notice.

(9) Upon receipt, the clerk of the county shall record a statement of claim or a notice and affidavit of publication of notice in the [Dormant Mineral Interest] Mineral and Mining Record. When possible, the clerk shall also indicate by marginal notation on the instrument creating the original mineral interest the recording of the statement of claim or notice and affidavit of publication of notice. The clerk of the county shall record a statement of claim by cross-referencing in the [Dormant Mineral Interest] Mineral and Mining Record the name of the current holder of the mineral interest and the name of the original holder of the mineral interest as set out in the statement of claim.

(10) The provisions of this section may not be waived at any time.

SECTION 32. ORS 517.210 is amended to read:

517.210. Within 30 days after the performance of labor or making of improvements, or making federal fee payments required by law to be annually performed or made upon any mining claim, the person in whose behalf such labor was performed or improvement or payment was made, or someone in behalf of the person, knowing the facts, shall make and have recorded in the [mining records] Mineral and Mining Record of the county in which the mining claim is situated, an affidavit setting forth:

(1) The name of the claim or claims if grouped and [the book and page of] a reference to the record where the location notice of each such claim is recorded.

(2) The number of days' work done and the character and value of the improvements placed thereon, together with their location.

(3) The dates of performing the labor and making the improvements.

(4) At whose instance or request the work was done or improvements made.

(5) The actual amount paid for the labor and improvements, and by whom paid, when the same was not done by the claim owner.

(6) That the federal fee requirements have been met by the owner or agent and that the owner or agent intends to hold the claim in good standing for the applicable assessment year.

SECTION 33. ORS 517.220 is amended to read:

517.220. The affidavit described in ORS 517.210, when so recorded, or a duly certified copy thereof, is prima facie evidence of the facts therein stated. Failure to file such affidavit within the prescribed time is prima facie evidence that such labor has not been done. The fee for recording the affidavit shall be the fee provided by ORS 205.320. [Each additional claim included in the affidavit shall be recorded for an additional recording fee of 50 cents.]

SECTION 34. ORS 517.280 is amended to read:

517.280. The coowners who performed the assessment work may file with the county clerk of the county where the mine is situated, their affidavits that the payment has not been made. Upon the filing of such affidavits, the clerk shall record the notice, proof of service and affidavits in [a book kept by the clerk for that purpose] the Mineral and Mining Record. The clerk shall then and there issue to the coowners who performed or caused to be performed the assessment work, a certificate to the effect that the clerk has recorded the notice, proof of service and affidavits of nonpayment, and that the coowners who performed or caused to be performed the assessment work have become and are the owners of all the right, title and interest of the delinquent coowner or coowners of the property.

SECTION 35. ORS 517.310 is amended to read:

517.310. The certificate given by the county clerk shall be [entitled to record] recorded in the office of the officer issuing it, upon payment of the [same fees as are required for recording mining conveyances] fee established under ORS 205.320. The officer shall [keep a record book, showing the record of such certificates recorded by the officer. Upon recording, the officer shall index them in a book kept by the officer for that purpose and shall likewise index them in the deed records of mining conveyances kept by the officer] record and index the certificates in the Mineral and Mining Record. Such indexing and recording shall have the same force and effect as the indexing and recording of deeds to other real property, and shall give like constructive notice.

SECTION 36. ORS 517.320 is amended to read:

517.320. If prior to the issuing of the certificate there has been filed with the county clerk an affidavit by the delinquent coowner that the payment has been made, the clerk shall not issue a certificate, but the parties shall be left to establish such fact by suit to quiet the title to the premises. If in the suit it appears either that the assessment work was not performed by the coowners claiming to have performed it, or that the delinquent coowner has performed or paid the delinquent coowner's proportion of the assessment work, a decree shall be entered in the suit to that effect; but if it is established that the assessment has been performed by or has been caused to be performed by the coowners so claiming and that the delinquent coowner has not performed or paid the delinquent coowner's proportion, a decree shall be entered decreeing the coowners who performed the assessment work to be the owners of all the interest of the delinquent coowner in the premises. The decree shall be entitled to record in the [miscellaneous records] Mineral and Mining Record kept by the county clerk in the county, and shall be indexed in the [index with the record of deeds] Mineral and Mining Record [conveyances] for the county.

SECTION 37. ORS 205.325, 294.230, 294.235, 294.240 and 294.245 are repealed.

Approved by the Governor July 13, 1999

Filed in the office of Secretary of State July 13, 1999

Effective date October 23, 1999

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