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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3386
Sponsored by COMMITTEE ON RULES (at the request of Oregon Association of County Clerks)
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act allows a deputy of a county clerk to perform weddings. (Flesch Readability
Score:67.7).
Authorizes a deputy of a county clerk to solemnize marriages.
A BILL FOR AN ACT
Relating to solemnization of marriage; amending ORS 106.120 and 205.320.
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:
(a) “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.
(b) “Secular organization” means an organization that occupies a place in the lives of the
organization’s members parallel to that filled by a church or particular religious authority.
(2) Marriages may be solemnized by:
(a) A judicial officer;
(b) A county clerk or deputy of the county clerk;
(c) Religious congregations or organizations as indicated in ORS 106.150 (2);
(d) A clergyperson of any religious congregation or organization who is authorized by the reli-
gious congregation or organization to solemnize marriages;
(e) Secular organizations as indicated in ORS 106.150 (2); or
(f) A celebrant or officiant of any secular organization described in paragraph (e) of this sub-
section who is authorized by the secular 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 $117 and deposit the fee in the Judicial De-
partment Operating Account established in ORS 1.009.
(b) When a marriage is solemnized by a county clerk or a deputy of the county clerk, the
county clerk or the deputy of the county clerk shall collect a fee of $117, as provided in ORS
205.320.
(c) The fee described in this subsection may be collected only if:
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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(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 proce-
dure 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 or a deputy of 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 or deputy
of the county clerk serves; or
(b) Outside of the normal working hours of the judicial [officer’s or county clerk’s normal
working hours] officer, county clerk or deputy of the county clerk.
(6) The charging and accepting of a personal payment by a judicial officer of this state [or], a
county clerk or a deputy of 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 or
a deputy of 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 or county clerk’s deputy’s home or office, whichever is greater, com-
pensated 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 or a deputy of 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.
SECTION 2. ORS 205.320 is amended to read:
205.320. (1) 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 ser-
vices:
(a) 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.
(b) For filing and making entry of the assignment or satisfaction of any filed, but not recorded,
instrument, $5 for each page.
(c) For each official certificate, $3.75.
(d)(A) 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. As used in this subparagraph, “page” means
one side of a sheet 14 inches, or less, long and 8-1/2 inches, or less, wide.
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(B) For supplying to private parties copies of records or files, including by electronic delivery
of images, not more than $3.75 for locating a record requested by the party and 25 cents for each
page. As used in this subparagraph, “page” means one side of a sheet 14 inches, or less, long and
8-1/2 inches, or less, wide.
(C) For each official certificate, $3.75.
(e) For taking an affidavit for and making and issuing a marriage license and registering the
return of the license, or for taking an affidavit for and registering a Declaration of Domestic Part-
nership, $25.
(f) For solemnizing a marriage under ORS 106.120, $117. This paragraph does not require that
the county clerk or deputy of the county clerk charge a fee for solemnizing a marriage after
normal working hours or on Saturdays or legal holidays. This paragraph does not prohibit a county
clerk or a deputy of the county clerk from charging and accepting a personal payment for
solemnizing a marriage if otherwise authorized by ORS 106.120.
(g) 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 194.400.
(h) 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.
(i) 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.
(j) For recording any instrument under ORS 205.130 (2), as required by ordinance pursuant to
ORS 203.148.
(k) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for
each additional municipal assessment lien recorded under ORS 93.643, $5.
(L) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for
each additional assignment, release or satisfaction of any recorded instrument, $5.
(m) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for
each additional transaction described under ORS 205.236, $5.
(n) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for
each additional lien recorded under ORS 311.675, $5.
(o) For preparing and recording the certificate under ORS 517.280, $20 or such other fee that
is established by the county governing body.
(p) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for
each additional claim listed on an affidavit of annual compliance under ORS 517.210, $5.
(q) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, 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.
(2) 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 col-
lected 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.
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(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 (1)(c) for the housing-related programs listed in ORS
294.187(2)(b).
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