Chapter 803 Oregon Laws 1999

Session Law

AN ACT

HB 2775

Relating to county recorders; creating new provisions; amending ORS 93.690, 180.360, 182.040, 273.085, 273.091, 274.980 and 711.615 and section 15, chapter 796, Oregon Laws 1989; and repealing ORS 205.400.

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

SECTION 1. ORS 93.690 is amended to read:

93.690. (1) The Director of the Division of State Lands shall forward all patents and clear lists of land and other documents evidencing that title to land has passed from the United States to the State of Oregon, which have been or shall be received by the State of Oregon, to the officer in each county of the state in which any of such land is situated whose duty it is to record conveyances of real estate. Upon the receipt of such patents, clear lists or other documents, the recording officer of the county shall[, without charging or collecting any fee therefor,] forthwith record the instruments in the records of deeds of the county and index them in the manner provided for indexing deeds. When the recording officer has properly recorded such instruments the recording officer shall return them to the Director of the Division of State Lands.

(2) When any such instrument includes land in more than one county, the record of the instrument in each county need include only the description of the land lying wholly or partly in that county and all other land may be indicated as omitted.

SECTION 2. ORS 180.360 is amended to read:

180.360. [No] Filing, recording or court fees shall not be required from the Support Enforcement Division of the Department of Justice by [any county clerk or] any circuit court clerk for the filing of any cases, documents, stipulated orders or processes. However, if the division is entitled to recover costs and disbursements, any of those fees taxable as costs and disbursements may be so taxed, and if recovered by the division, shall be paid to the appropriate officer. [No] A circuit court clerk shall not refuse to file or docket a stipulated order for the reason that the parties signing such order have failed to pay any fee when such order is presented by the Support Enforcement Division and is signed by a judge.

SECTION 3. ORS 182.040 is amended to read:

182.040. (1) All state boards and commissions [which] that are supported by fees, fines, licenses or taxes or other forms of income not derived from a direct tax on tangible property shall pay the various counties of the State of Oregon the same fees required of others for services rendered.

(2) ORS 182.040 to 182.060 do not apply to:

(a) Except for those fees required in ORS 205.320, services rendered for the Bureau of Labor and Industries on wage claims assigned to it for collection.

(b) Any of the provisions or requirements of ORS 21.310, 52.410 to 52.440, 156.160, 205.360 and 205.370.

SECTION 4. ORS 273.085 is amended to read:

273.085. Copies of any document permitted by law to be recorded that are executed by the Director of the Division of State Lands, or executed by the State Land Board before January 1, 1968, and certified by the director, are entitled to record in the office of any county recording officer. Documents affecting the title to real property that are permitted by law to be recorded shall be recorded in the county where such real property is situated; copies of all other documents permitted by law to be recorded that are executed by the Division of State Lands may be recorded in any county designated by the division.

SECTION 5. ORS 273.091 is amended to read:

273.091. The person offering a copy of a document mentioned in ORS 273.085 for recording shall pay the recording fee. [The Division of State Lands is exempt from the payment of such fees.] When a copy of a document has been recorded it shall be returned by the recording officer to the Director of the Division of State Lands or other party [at whose request it was recorded] as stated on the recorded document.

SECTION 6. ORS 274.980 is amended to read:

274.980. (1) The State Land Board shall send a copy of each declaration made pursuant to ORS 274.975 to the recording officer of each county that has within its boundaries land described in the declaration.

(2) Upon receipt of the copy of a declaration submitted to the recording officer under subsection (1) of this section, the recording officer of the county shall[, without charging or collecting any fee therefor,] record the declaration in the permanent deed records of the county.

SECTION 7. ORS 711.615 is amended to read:

711.615. [(1)] Fees shall not be charged for the filing in the supervising court by the Director of the Department of Consumer and Business Services, the deputies of the director or attorneys of any papers relating to the liquidation of an institution or which are necessary or convenient in connection with the collection of assets of an institution.

[(2) A recording fee shall not be charged for recording certified copies of assessments against stockholders or deeds, mortgages or other instruments running in favor of the director.]

SECTION 8. Section 15, chapter 796, Oregon Laws 1989, is amended to read:

Sec. 15. (1) Notwithstanding ORS 205.320, and in addition to and not in lieu of the fees charged and collected under ORS 205.320 and other fees, a fee of $20 shall be charged and collected for the recording or filing of any instrument conveying or contracting to convey any estate or interest in real property or any trust or power concerning real property.

(2) Subsection (1) of this section does not apply to the recording or filing of the following:

(a) Instruments required to be recorded or filed in the records of mortgages or as provided under ORS 93.780 to 93.800.

(b) Instruments required to be recorded or filed in the records of statutory liens or in the County Clerk Lien Record described in ORS 205.130 (3)(c).

(d) Release, limitation or restriction of any power of appointment as described under ORS 93.220.

(e) Instruments for the filing or recording of which no fee is charged under ORS 205.320[, including but not limited to those instruments described in ORS 93.690 and 205.400], or an instrument that conveys or contracts to convey a license or an easement to this state or to a political subdivision of this state, or to a public utility. As used in this paragraph, "public utility" means any governmental or business entity that owns or operates any plant, equipment, property, franchise or license for the transmission of communications (including but not limited to telecommunications and televisions), or the production, transmission, sale, delivery or furnishing of electricity, gas, water or steam, and whose rates of charges for goods or services have been established or approved by a federal, state or local government or governmental agency. "Public utility" does not include a governmental or business entity that owns or operates any plant, equipment, property, franchise or license for the transportation of goods or services, including but not limited to motor, bus, air, rail or street rail.

(f) Death certificates recorded under ORS 205.130 and decrees of distribution filed in connection with an estate proceeding.

(g) Plats or vacations of plats recorded under ORS 92.100 or 271.230.

(h) Earnest money, preliminary sales agreement, options, rights of first refusal, profit a prendre and interests in timber.

(3) Except as provided under subsection (2) of this section, subsection (1) of this section does apply to the recording or filing of the following:

(a) Instruments conveying an interest in real property required to be recorded in the records of deeds.

(b) Instruments contracting to convey title to any real property, or memorandum thereof.

(d) A certified copy of a deed or patent issued in accordance with ORS 93.230.

(e) An assignment of sheriff's certificate of sale of real property on execution or mortgage foreclosure as described in ORS 93.530.

(f) Instruments filed or recorded under the following, if they create or convey an interest in real property as described under paragraphs (a) to (e) of this subsection: ORS 93.730, 93.760, or 93.770.

(g) Instruments described under paragraph (a) to (f) of this subsection executed by a personal representative or any decree of distribution vesting title to real property filed under ORS 116.223.

(4) The Department of Revenue may adopt rules consistent with subsections (1) to (3) of this section that further describe the instruments for which the additional fee charged under subsection (1) of this section for recording and filing shall be charged and collected.

(5) Of the amounts charged and collected under this section, five percent shall be charged and collected for the benefit of the county. The remaining 95 percent shall be deposited and credited to the County Assessment and Taxation Fund created under section 7, chapter 796, Oregon Laws 1989 [of this 1989 Act].

SECTION 9. Nothing in the amendments to section 15, chapter 796, Oregon Laws 1989, by section 8 of this 1999 Act affects the applicability provisions of section 23, chapter 796, Oregon Laws 1989.

SECTION 10. ORS 205.400 is repealed.

Approved by the Governor July 20, 1999

Filed in the office of Secretary of State July 20, 1999

Effective date October 23, 1999

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