Chapter 776 Oregon Laws 1999

Session Law

AN ACT

HB 2925

Relating to county marriage records; amending ORS 106.120, 106.180, 106.990 and 204.116.

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

SECTION 1. ORS 106.120 is amended to read:

106.120. (1)[(a)] Marriages may be solemnized by:

(a) Any judicial officer of the state[, by];

(b) A county clerk [or by];

(c) Congregations or organizations as indicated in ORS 106.150 (2)[,]; or [by]

(d) Any minister of any church organized, carrying on its work and having congregations in this state, who is authorized by such church to solemnize marriages, and who has filed an Affidavit of Authority to Perform Marriages for record with the county clerk of the county in which the minister resides or in which the marriage is solemnized[, evidence satisfactory to the county clerk that the minister has been so authorized].

(2) A person authorized to solemnize marriages under [this paragraph] subsection (1) of this section may solemnize a marriage anywhere in this state.

[(b)] (3) In the case of a nonresident minister, the filing required by [paragraph (a) of this] subsection (1)(d) of this section must be in any county in which the minister performs any marriage ceremony, but no minister shall be required to file such [evidence] affidavit of authority in more than one county.

[(2)] (4) The [evidence] affidavit of authority[, if approved by the county clerk,] shall be recorded by the county clerk in a book called "Authority to Solemnize Marriages," for which the county clerk shall charge a fee for recording and indexing as set by ORS 205.320. [Whenever any minister who has filed such evidence of authority with one county clerk solemnizes any marriage in any other county, the minister shall attach to or indorse upon the certificate required by ORS 106.170, a statement over the minister's signature showing place of residence and the county clerk with whom evidence of authority to solemnize marriages is recorded.] The form of the Affidavit of Authority to Perform Marriages must be substantially as follows:

___________________________________________________________________

AFFIDAVIT OF AUTHORITY

TO PERFORM MARRIAGES

The ______ (name of organization) is organized and carries on its work in the State of Oregon. Its active meetings are located in ______ (city, town or county). The organization hereby finds ______ (name of person) is in good standing and is authorized by the organization to perform marriage ceremonies.

I am duly authorized by ___________ (name of organization) to complete and submit this affidavit.

Signature of Official ___________

Name of Official ___________ (type or print name)

Title of Official ___________

State of Oregon

County of ______

Subscribed and sworn to before me the ___ day of ______, 2___, by _________.

______________________

Notary Public for Oregon

My commission expires: _______

___________________________________________________________________

(5) If a person is no longer a member in good standing of the organization that authorized the person to perform marriage ceremonies, the organization shall file an Affidavit of Revocation of Authority to Perform Marriages with the county clerk of the county where the original affidavit of authority was filed. The Affidavit of Revocation of Authority to Perform Marriages must be substantially as follows:

___________________________________________________________________

AFFIDAVIT OF

REVOCATION OF AUTHORITY

TO PERFORM MARRIAGES

The ___________ (name of organization) is organized and carries on its work in the State of Oregon. Its active meetings are located in ___________ (city, town or county). The organization hereby revokes the authority of ___________ (name of person) filed in ___________ (name of county) on the ___ day of _____, 19___ to perform marriage ceremonies.

I am duly authorized by ___________ (name of organization) to complete and submit this affidavit.

Signature of Official ___________

Name of Official ___________ (type or print name)

Title of Official ___________

State of Oregon

County of ______

Subscribed and sworn to before me the ___ day of ______, 2___, by _________.

______________________

Notary Public for Oregon

My commission expires: _______

___________________________________________________________________

[(3)] (6) A judicial officer of this state and a county clerk may charge and accept an agreed upon personal payment not to exceed $100 plus actual costs for the solemnization of a marriage if that solemnization is performed:

(a) At a place other than the courthouse where the judicial officer or county clerk serves; or

(b) Outside of the judicial officer's or county clerk's normal working hours.

[(4)] (7) The charging and accepting of a personal payment under subsection [(3)] (6) of this section shall not constitute a violation of any of the provisions of ORS chapter 244.

[(5)] (8) The amount of actual costs charged by a judicial officer or county clerk under subsection [(3)] (6) of this section shall not exceed:

(a) Actual expenses for food and lodging as verified by receipts.

(b) If travel is made by personal vehicle, the actual number of round-trip miles from the judicial officer's or county clerk's home or office, whichever is greater, compensated at the rate of reimbursement then provided by the State of Oregon to its employees or, if travel is made by a commercial carrier, reimbursement shall be made of the actual costs thereof, verified by receipts.

[(6)] (9) A judicial officer or county clerk shall maintain records of the amount of personal payments received for performing marriages, of actual costs and the supporting documentation related thereto for a period of four years.

[(7)] (10) As used in this section, "judicial officer" has the meaning given that term in ORS 1.210 and includes, but is not limited to, a judge of a municipal court and a justice of the peace.

SECTION 2. ORS 106.180 is amended to read:

106.180. (1) The county clerk shall file the certificate mentioned in ORS 106.170 and record it in the record of marriages. No fee shall be charged for such filing, recording or indexing.

(2) Notwithstanding any other provision of law, the record of marriage maintained by a county clerk is not a vital record as defined by ORS 432.005 and is a public record open and subject to full disclosure.

SECTION 3. ORS 106.990 is amended to read:

106.990. (1) Violation of ORS 106.079 is punishable, upon conviction, by a fine of not more than $100 or by imprisonment in the county jail for not more than 30 days, or both.

(2) Violation of ORS 106.110 or 106.140 is punishable upon conviction by imprisonment in the custody of the Department of Corrections or county jail for not more than one year, or by a fine of not more than $500 nor less than $100.

(3) Refusal or neglect to comply with ORS 106.120 [(2)] (4) or with ORS 106.170 shall result in the forfeiture of a penalty of not less than $10 nor more than $50 to be recovered by action for every five days of such refusal or neglect.

SECTION 4. ORS 204.116 is amended to read:

204.116. (1) Except as otherwise provided by law, the governing body of each county shall fix the compensation of its own members and of every other county officer, deputy and employee when the compensation of such individuals is paid from county funds.

(2) Any commission, fees or other moneys received by a county officer, deputy or employee for services rendered in the course of that individual's office or employment shall not be allowed to or retained by that individual, but shall promptly be paid into the county treasury except:

(a) For compensation fixed under subsection (1) of this section;

(b) As otherwise determined by the governing body of the county; or

Approved by the Governor July 19, 1999

Filed in the office of Secretary of State July 19, 1999

Effective date October 23, 1999

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