Bill Text: OR SB488 | 2011 | Regular Session | Introduced

---

Bill Title: Relating to solemnization of marriage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB488 Detail]

Download: Oregon-2011-SB488-Introduced.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1223

                         Senate Bill 488

Sponsored by Senator BONAMICI (Presession filed.)

                             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.

  Increases amount of personal payment judicial officer or county
clerk may charge to solemnize marriage.

                        A BILL FOR AN ACT
Relating to solemnization of marriage; amending ORS 106.120.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 106.120 is amended to read:
  106.120. (1) As used in this section, 'judicial officer '
means:
  (a) A judicial officer of this state as that term is defined in
ORS 1.210 and includes but is not limited to a judge of a
municipal court and a justice of the peace.
  (b) An active judge of a federal court.
  (c) An active United States magistrate judge.
  (2) Marriages may be solemnized by:
  (a) A judicial officer;
  (b) A county clerk;
  (c) Religious congregations or organizations as indicated in
ORS 106.150 (2); or
  (d) A clergyperson of any religious congregation or
organization who is authorized by the congregation or
organization to solemnize marriages.
  (3) A person authorized to solemnize marriages under subsection
(2) of this section may solemnize a marriage anywhere in this
state.
  (4)(a) When a marriage is solemnized by a tax, appellate or
circuit judge of this state, the clerk of the court or the county
clerk shall collect a fee of $25 and deposit the fee in the
Judicial Department Operating Account established in ORS 1.009.
  (b) When a marriage is solemnized by a county clerk, the county
clerk shall collect a fee of $25, as provided in ORS 205.320.
  (c) The fee described in this subsection may be collected only
if:
  (A) The marriage is solemnized during normal working hours,
excluding holidays;
  (B) The marriage is solemnized in court facilities or a county
clerk's office; or
  (C) More than a minimal amount of staff time or other court or
county clerk's office resources are used in connection with the
solemnization.

  (d) The Chief Justice of the Supreme Court or the county clerk
may establish a written procedure for waiver of the fee required
under this subsection in exigent circumstances, including but not
limited to indigency of the parties to the marriage.
  (5) In addition to any fee collected under subsection (4) of
this section, a judicial officer of this state and a county clerk
may charge and accept an agreed upon personal payment not to
exceed   { - $100 - }  { +  $200 + } 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.
  (6) The charging and accepting of a personal payment by a
judicial officer of this state or a county clerk under subsection
(5) of this section does not constitute a violation of any of the
provisions of ORS chapter 244.
  (7) The amount of actual costs charged by a judicial officer of
this state or a county clerk under subsection (5) of this section
may 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.
  (8) A judicial officer of this state or a 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.
  (9) The parties to a marriage solemnized by a tax, appellate or
circuit judge of this state shall show to the judge proof of
payment of the fee required under subsection (4)(a) of this
section before solemnization. Except as provided in subsection
(4)(d) of this section, the judge may not solemnize a marriage
without proof of payment of the fee.
                         ----------