74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2007
Sponsored by COMMITTEE ON ELECTIONS, ETHICS AND RULES (at the
request of Governor's Task Force on Equality)
CHAPTER ................
AN ACT
Relating to same-sex relationships; creating new provisions; and
amending ORS 107.615, 192.842, 205.320, 409.300, 432.005,
432.235, 432.405 and 432.408.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 1 to 9 of this 2007 Act may be cited
as the Oregon Family Fairness Act. + }
SECTION 2. { + The Legislative Assembly finds that:
(1) Section 20, Article I of the Oregon Constitution, has
always enshrined the principle that all citizens of this state
are to be provided with equal privileges and immunities under the
laws of the State. In addition, as provided in ORS 659A.006, it
has long been the public policy of this state that discrimination
against any of the citizens of this state is a matter of state
concern that threatens not only the rights and privileges of the
state's inhabitants but menaces the institutions and foundation
of a free democratic state. These fundamental principles are
integral to Oregon's constitutional form of government, to its
guarantees of political and civil rights and to the continued
vitality of political and civil society in this state.
(2) The ability to enter into a committed, long-term
relationship with another individual that is recognized not only
by friends and family, but also by the laws of this state, is a
significant and fundamental ability afforded to opposite-sex
couples by the marriage laws of this state. Legal recognition of
marriage by the state is the primary and, in a number of
instances, the exclusive source of numerous rights, benefits and
responsibilities available to married individuals under Oregon
law. Marriage is limited to the union of one man and one woman by
section 5a, Article XV of the Oregon Constitution.
(3) Many gay and lesbian Oregonians have formed lasting,
committed, caring and faithful relationships with individuals of
the same sex, despite long-standing social and economic
discrimination. These couples live together, participate in their
communities together and often raise children and care for family
members together, just as do couples who are married under Oregon
law. Without the ability to obtain some form of legal status for
their relationships, same-sex couples face numerous obstacles and
hardships in attempting to secure rights, benefits and
responsibilities for themselves and their children. Many of the
rights, benefits and responsibilities that the families of
married couples take for granted cannot be obtained in any way
Enrolled House Bill 2007 (HB 2007-A) Page 1
other than through state recognition of committed same-sex
partnerships.
(4) This state has a strong interest in promoting stable and
lasting families, including the families of same-sex couples and
their children. All Oregon families should be provided with the
opportunity to obtain necessary legal protections and status and
the ability to achieve their fullest potential.
(5) Sections 1 to 9 of this 2007 Act are intended to better
align Oregon law with the values embodied in the Constitution and
public policy of this state, and to further the state's interest
in the promotion of stable and lasting families, by extending
benefits, protections and responsibilities to committed same-sex
partners and their children that are comparable to those provided
to married individuals and their children by the laws of this
state.
(6) The establishment of a domestic partnership system will
provide legal recognition to same-sex relationships, thereby
ensuring more equal treatment of gays and lesbians and their
families under Oregon law.
(7) The Legislative Assembly recognizes that the Oregon
Constitution limits marriage to the union of one man and one
woman. The Legislative Assembly does not seek to alter this
definition of marriage in any way through the Oregon Family
Fairness Act and recognizes that the Legislative Assembly cannot
bestow the status of marriage on partners in a domestic
partnership. The Legislative Assembly recognizes that numerous
distinctions will exist between these two legally recognized
relationships. The Legislative Assembly recognizes that the legal
recognition of domestic partnerships under the laws of this state
may not be effective beyond the borders of this state and cannot
impact restrictions contained in federal law.
(8) Sections 1 to 9 of this 2007 Act do not require the
performance of any solemnization ceremony to enter into a binding
domestic partnership contract. It is left to the dictates and
conscience of partners entering into a domestic partnership to
determine whether to seek a ceremony or blessing over the
domestic partnership and to the dictates of each religious faith
to determine whether to offer or permit a ceremony or blessing of
domestic partnerships. Providing recognition to same-sex
partnerships through a domestic partnership system in no way
interferes with the right of each religious faith to choose
freely to whom to grant the religious status, sacrament or
blessing of marriage under the rules or practices of that
faith. + }
SECTION 3. { + As used in sections 1 to 9 of this 2007 Act:
(1) 'Domestic partnership' means a civil contract entered into
in person between two individuals of the same sex who are at
least 18 years of age, who are otherwise capable and at least one
of whom is a resident of Oregon.
(2) 'Partner' means an individual joined in a domestic
partnership. + }
SECTION 4. { + (1) The following domestic partnerships are
prohibited and void:
(a) When either party to the domestic partnership had a
partner, wife or husband living at the time of the domestic
partnership.
(b) When the parties to the domestic partnership are first
cousins or any nearer of kin to each other, whether of the whole
or half blood, whether by blood or adoption, computing by the
rules of the civil law. However, when the parties are first
Enrolled House Bill 2007 (HB 2007-A) Page 2
cousins by adoption only, the domestic partnership is not
prohibited or void.
(2) When either party to a domestic partnership is incapable of
making the civil contract or consenting to the contract for want
of legal age or sufficient understanding, or when the consent of
either party is obtained by force or fraud, the domestic
partnership is void from the time it is so declared by a judgment
of a court having jurisdiction of the domestic partnership. + }
SECTION 5. { + (1) The Department of Human Services shall
prepare forms entitled:
(a) 'Declaration of Domestic Partnership' meeting the
requirements of section 6 of this 2007 Act; and
(b) 'Certificate of Registered Domestic Partnership. '
(2) The department shall distribute the forms to each county
clerk. The department and each county clerk shall make the
Declaration of Domestic Partnership forms available to the
public. + }
SECTION 6. { + (1) Two individuals wishing to become partners
in a domestic partnership may complete and file a Declaration of
Domestic Partnership with the county clerk.
(2) In accordance with the requirements of this section, the
county clerk shall register the Declaration of Domestic
Partnership in a domestic partnership registry and return a copy
of the registered form and a Certificate of Registered Domestic
Partnership to the partners in person or at the mailing address
provided by the partners.
(3) An individual who has filed a Declaration of Domestic
Partnership may not file a new Declaration of Domestic
Partnership or enter a marriage with someone other than the
individual's registered partner unless a judgment of dissolution
or annulment of the most recent domestic partnership has been
entered. This prohibition does not apply if the previous domestic
partnership ended because one of the partners died.
(4) Each person signing a Declaration of Domestic Partnership
consents to the jurisdiction of the circuit courts of Oregon for
the purpose of an action to obtain a judgment of dissolution or
annulment of the domestic partnership, for legal separation of
the partners in the domestic partnership or for any other
proceeding related to the partners' rights and obligations, even
if one or both partners cease to reside in, or to maintain a
domicile in, this state. Notwithstanding ORS 107.086, a petition
for dissolution or annulment of the domestic partnership, for
legal separation of the partners in the domestic partnership or
for any other proceeding related to the partners' rights and
obligations may be filed in the county in which either the
petitioner or respondent last resided.
(5) On the Declaration of Domestic Partnership, each individual
who wants to become a partner in a domestic partnership shall:
(a) State that the individual is at least 18 years of age and
is otherwise capable to enter into a domestic partnership at the
time the individual signs the form;
(b) State whether the individual is a resident of Oregon;
(c) Provide a mailing address;
(d) State that the individual consents to the jurisdiction of
the circuit courts of Oregon for the purpose of an action to
obtain a judgment of dissolution or annulment of the domestic
partnership or for legal separation of the partners in the
domestic partnership, or for any other proceeding related to the
partners' rights and obligations, even if one or both partners
cease to reside in, or to maintain a domicile in, this state;
Enrolled House Bill 2007 (HB 2007-A) Page 3
(e) Sign the form with a declaration that representations made
on the form are true, correct and contain no material omissions
of fact to the best knowledge and belief of the individual; and
(f) Have a notary public acknowledge the individual's
signature.
(6) Both partners' signatures must be affixed to one
Declaration of Domestic Partnership form. Filing an intentionally
and materially false Declaration of Domestic Partnership is
punishable as a misdemeanor.
(7) The county clerk may accept any reasonable proof of an
individual's age satisfactory to the clerk. The clerk may require
proof of age by affidavit of some individual other than either of
the parties seeking to file the Declaration of Domestic
Partnership if the clerk deems it necessary in order to determine
the age of the individual to the clerk's satisfaction.
(8) The county clerk may not register a Declaration of Domestic
Partnership or return a copy of the registered form and a
Certificate of Registered Domestic Partnership to the partners
until the provisions of this section, section 7 of this 2007 Act
and all other legal requirements are complied with.
(9) Notwithstanding ORS 432.121 or any other provision of law,
the registry of domestic partnerships maintained by a county
clerk is a public record and subject to full disclosure. + }
SECTION 7. { + (1) In addition to any other fees provided by
law, the county clerk shall collect a fee of $25 for registering
a Declaration of Domestic Partnership.
(2) The county clerk shall regularly pay over to the Director
of Human Services all moneys collected under subsection (1) of
this section to be credited to the Domestic Violence Fund
pursuant to ORS 409.300. + }
SECTION 8. { + Upon entering into a domestic partnership,
either individual may retain the individual's prior surname, and
either individual may resume the individual's prior legal name
during the domestic partnership. + }
SECTION 9. { + (1) Any privilege, immunity, right or benefit
granted by statute, administrative or court rule, policy, common
law or any other law to an individual because the individual is
or was married, or because the individual is or was an in-law in
a specified way to another individual, is granted on equivalent
terms, substantive and procedural, to an individual because the
individual is or was in a domestic partnership or because the
individual is or was, based on a domestic partnership, related in
a specified way to another individual.
(2) Any responsibility imposed by statute, administrative or
court rule, policy, common law or any other law on an individual
because the individual is or was married, or because the
individual is or was an in-law in a specified way to another
individual, is imposed on equivalent terms, substantive and
procedural, on an individual because the individual is or was in
a domestic partnership or because the individual is or was, based
on a domestic partnership, related in a specified way to another
individual.
(3) Any privilege, immunity, right, benefit or responsibility
granted or imposed by statute, administrative or court rule,
policy, common law or any other law to or on a spouse with
respect to a child of either of the spouses is granted or imposed
on equivalent terms, substantive and procedural, to or on a
partner with respect to a child of either of the partners.
(4) Any privilege, immunity, right, benefit or responsibility
granted or imposed by statute, administrative or court rule,
Enrolled House Bill 2007 (HB 2007-A) Page 4
policy, common law or any other law to or on a former or
surviving spouse with respect to a child of either of the spouses
is granted or imposed on equivalent terms, substantive and
procedural, to or on a former or surviving partner with respect
to a child of either of the partners.
(5) Many of the laws of this state are intertwined with federal
law, and the Legislative Assembly recognizes that it does not
have the jurisdiction to control federal laws or the privileges,
immunities, rights, benefits and responsibilities related to
federal laws.
(6) Sections 1 to 9 of this 2007 Act do not require or permit
the extension of any benefit under ORS chapter 238 or 238A, or
under any other retirement, deferred compensation or other
employee benefit plan, if the plan administrator reasonably
concludes that the extension of benefits would conflict with a
condition for tax qualification of the plan, or a condition for
other favorable tax treatment of the plan, under the Internal
Revenue Code or regulations adopted under the Internal Revenue
Code.
(7) Sections 1 to 9 of this 2007 Act do not require the
extension of any benefit under any employee benefit plan that is
subject to federal regulation under the Employee Retirement
Income Security Act of 1974.
(8) For purposes of administering Oregon tax laws, partners in
a domestic partnership, surviving partners in a domestic
partnership and the children of partners in a domestic
partnership have the same privileges, immunities, rights,
benefits and responsibilities as are granted to or imposed on
spouses in a marriage, surviving spouses and their children. + }
SECTION 10. { + Section 11 of this 2007 Act is added to and
made a part of ORS chapter 314. + }
SECTION 11. { + This chapter applies to partners in a domestic
partnership, as defined in section 3 of this 2007 Act, and
surviving partners as if federal income tax law recognized a
domestic partnership in the same manner as Oregon law. + }
SECTION 12. ORS 107.615 is amended to read:
107.615. (1) The governing body of any county may impose a fee
up to $10 above that prescribed in ORS 205.320 (5) for
{ + issuing + } a marriage license { + or registering a
Declaration of Domestic Partnership + }.
(2) In addition to any other funds used therefor, the governing
body shall use the proceeds from the fee increase authorized by
this section to pay the expenses of conciliation services under
ORS 107.510 to 107.610 and mediation services under ORS 107.755
to 107.795. If there are none in the county, the governing body
may provide { - such - } { + conciliation and mediation + }
services through other county agencies or may contract with a
public or private agency or person to provide { - such - }
{ + conciliation and mediation + } services.
(3) The governing body may establish rules of eligibility for
conciliation services funded under this section so long as its
rules do not conflict with rules of the court adopted under ORS
107.580.
(4) Fees collected under this section shall be collected and
deposited in the same manner as other county funds are collected
and deposited but shall be maintained in a separate account to be
used as provided in this section.
SECTION 13. ORS 192.842 is amended to read:
192.842. (1) A county clerk shall use the actual address of a
program participant for voter registration purposes. Except as
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provided in ORS 192.820 to 192.868, the county clerk may not
disclose the actual address.
(2) A county clerk shall use the substitute address of the
program participant for purposes of mailing a ballot to an
elector under ORS 254.470.
(3) A school district shall use the actual address of a program
participant for any purpose related to admission or assignment.
The school district shall take such measures as necessary to
protect the confidentiality of the actual address of the program
participant. Student records created under ORS 326.565 and
326.580 shall use the substitute address of the program
participant.
(4) A county clerk shall accept the substitute address of the
program participant as the address of the applicant for the
purpose of issuing a marriage license under ORS 106.041 { + or
registering a Declaration of Domestic Partnership under section 6
of this 2007 Act + }.
SECTION 14. 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, $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 { + an + } affidavit for and making and issuing
{ + a + } marriage license and registering the return
{ - thereof - } { + of the license, or for taking an affidavit
for and registering a Declaration of Domestic Partnership + },
$25.
(6) For solemnizing a marriage under ORS 106.120, $25. 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, 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
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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) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional municipal
assessment lien recorded under ORS 93.643, $5.
(12) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional assignment,
release or satisfaction of any recorded instrument, $5.
(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 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 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.
(d) Fees collected under ORS 205.323 for the Oregon Land
Information System Fund.
SECTION 15. ORS 409.300 is amended to read:
409.300. (1) There is established the Domestic Violence Fund in
the Services to Children and Families Account of the General Fund
established under ORS 409.260.
(2) All moneys received by the Director of Human Services under
ORS 106.045 { - (2) - } { + or section 7 of this 2007 Act
+ }and any other funds allocated for expenditure under ORS
409.292 shall be credited to the Domestic Violence Fund.
(3) All moneys credited to the Domestic Violence Fund are
continuously appropriated for the purposes of ORS 409.292 to be
expended by the director as provided in ORS 409.290 and 409.292.
However, the director shall expend not more than 10 percent of
such moneys for administrative costs of the Department of Human
Services incurred under ORS 409.290 and 409.292.
SECTION 16. ORS 432.005 is amended to read:
432.005. As used in this chapter, unless the context requires
otherwise:
Enrolled House Bill 2007 (HB 2007-A) Page 7
(1) 'Dead body' means a human body or such parts of such human
body from the condition of which it reasonably may be concluded
that death occurred.
(2) 'Department' means the Department of Human Services.
(3) 'Director' means the Director of Human Services.
(4) 'Divorce' means dissolution of a marriage.
(5) 'Fetal death' means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy. The death is indicated
by the fact that after such expulsion or extraction the fetus
does not breathe or show any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of the voluntary muscles.
(6) 'File' means the presentation and acceptance of a vital
record or vital report provided for in this chapter by the Center
for Health Statistics.
(7) 'Final disposition' means the burial, interment, cremation,
removal from the state or other authorized disposition of a dead
body or fetus, except that when removal from the state is
conducted by the holder of a certificate of removal registration
issued under ORS 692.270, the final disposition may not be
considered complete until the certificate of death is filed.
(8) 'Induced termination of pregnancy' means the purposeful
interruption of an intrauterine pregnancy with the intention
other than to produce a live-born infant and that does not result
in a live birth.
(9) 'Institution' means any establishment, public or private,
that provides inpatient or outpatient medical, surgical or
diagnostic care or treatment or nursing, custodial or domiciliary
care, or to which persons are committed by law.
(10) 'Live birth' means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, that, after such expulsion or
extraction, breathes or shows any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of voluntary muscles, whether or not the umbilical cord
has been cut or the placenta is attached.
(11) 'Person acting as a funeral service practitioner ' means:
(a) A person other than a funeral service practitioner licensed
under ORS 692.045, including but not limited to a relative,
friend or other interested party, who performs the duties of a
funeral service practitioner without payment; or
(b) A funeral service practitioner who files death certificates
in another state if the funeral service practitioner is employed
by a funeral establishment licensed in another state and
registered with the State Mortuary and Cemetery Board under ORS
692.270.
(12) 'Physician' means a person authorized or licensed under
the laws of this state to practice medicine, osteopathy,
chiropractic or naturopathic medicine.
(13) 'Registration' means the process by which vital records
and vital reports are completed, filed and incorporated into the
official records of the Center for Health Statistics.
(14) 'State registrar' means the State Registrar of the Center
for Health Statistics.
(15) 'System of vital statistics' means the registration,
collection, preservation, amendment and certification of vital
records and vital reports; the collection of other reports
required by this chapter, and activities related thereto
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including the tabulation, analysis, dissemination and publication
of vital statistics and training in the use of health data.
(16) 'Vital records' means certificates or reports of birth,
death, marriage, { + declaration of domestic partnership, + }
dissolution of marriage { + or domestic partnership + } and data
related thereto.
(17) 'Vital reports' means reports of fetal death, induced
termination of pregnancy, suicide attempts by persons under 18
years of age and survey and questionnaire documents and data
related thereto.
(18) 'Vital statistics' means the data derived from
certificates and reports of birth, death, fetal death, induced
termination of pregnancy, marriage, { + declaration of domestic
partnership, + } dissolution of marriage, { + dissolution of
domestic partnership, + } suicide attempts by persons under 18
years of age and related reports.
SECTION 17. ORS 432.235 is amended to read:
432.235. (1) A certificate or report registered under this
chapter may be amended only in accordance with this chapter and
rules adopted by the State Registrar of the Center for Health
Statistics to protect the integrity and accuracy of vital records
and vital reports.
(2) A certificate or report that is amended under this section
shall indicate that it has been amended, except as otherwise
provided in ORS 432.230, this section or by rule of the state
registrar. A record shall be maintained that identifies the
evidence upon which the amendment was based, the date of the
amendment and the identity of the person making the amendment.
The state registrar shall prescribe by rule the conditions under
which additions or minor corrections may be made to certificates
or reports within one year without the certificate or report
indicating that it has been amended.
(3) Upon receipt of a certified copy of an order of a court
changing the name of a person born in this state and upon request
of such person or if the person is a minor or incompetent, the
parents, guardian or legal representative of the person, the
state registrar shall amend the certificate of birth to show the
new name.
(4) Upon receipt of a certified copy of an order of a court of
competent jurisdiction indicating that the sex of an individual
born in this state has been changed by surgical procedure and
whether such individual's name has been changed, the certificate
of birth of such individual shall be amended as prescribed by
rule of the state registrar.
(5) When an applicant does not submit the minimum documentation
required by rule of the state registrar for amending a vital
record or when the state registrar has cause to question the
validity or adequacy of the applicant's sworn statements or the
documentary evidence, and if the deficiencies are not corrected,
the state registrar shall not amend the vital record and shall
advise the applicant of the reason for this action and shall
further advise the applicant of the right of appeal under ORS
183.480 and 183.484.
(6) When a certificate or report is amended under this section
by the state registrar, the state registrar shall report the
amendment to any other custodian of the vital record and the
record of the other custodian shall be amended accordingly.
(7) When an amendment is made to a certificate { - of - }
{ + for a + } marriage { + or to a Declaration of Domestic
Partnership + } by the local official issuing the marriage
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license { + or registering the declaration + }, copies of the
amendment shall be forwarded to the state registrar.
(8)(a) When a party or legal representative proposes to set
aside or change any information recorded in a dissolution of
marriage judgment { + or dissolution of domestic partnership
judgment + } filed pursuant to ORS 432.408, the party or legal
representative seeking the amendment or set aside order shall
prepare a summary of the changes in the form prescribed or
furnished by the state registrar and shall present the form to
the clerk of the court along with the proposed supplemental
judgment. In all cases the completed form shall be a prerequisite
to the entry of the supplemental judgment.
(b) The clerk of the court shall complete and forward to the
Center for Health Statistics the records of each such
supplemental judgment in the same manner prescribed by ORS
432.408.
SECTION 18. ORS 432.405 is amended to read:
432.405. (1) A record of each marriage performed { + and
domestic partnership registered + } in this state shall be filed
with the Center for Health Statistics and shall be registered if
it has been completed and filed in accordance with this section
and rules adopted by the State Registrar of the Center for Health
Statistics.
(2) The county clerk or county official who issues the marriage
license { + or registers the Declaration of Domestic
Partnership + } shall prepare the record in the form prescribed
or furnished by the state registrar upon the basis of information
obtained from the parties { - to be married - } .
(3) Each person who performs a marriage ceremony shall certify
the fact of marriage and return the record to the official who
issued the license within 10 days after the ceremony.
(4) Every official issuing marriage licenses { + or
registering Declarations of Domestic Partnership + } shall
complete and forward to the Center for Health Statistics on or
before the 10th day of each calendar month the records of
marriages returned to such official during the preceding calendar
month { + and the records of Declarations of Domestic
Partnership registered during the preceding calendar month + }.
(5) A marriage { + or domestic partnership + } record not
filed within the time prescribed by this section may be
registered in accordance with rules adopted by the state
registrar.
SECTION 19. ORS 432.408 is amended to read:
432.408. (1) A record of each dissolution of marriage judgment
{ + or dissolution of domestic partnership judgment + } by any
court in this state shall be filed by the clerk of the court with
the Center for Health Statistics and shall be registered if it
has been completed and filed in accordance with this section. The
record shall be prepared by the petitioner or a legal
representative of the petitioner in the form prescribed or
furnished by the State Registrar of the Center for Health
Statistics and shall be presented to the clerk of the court with
the petition. In all cases the completed record shall be
prerequisite to the entry of the judgment. The state registrar
shall design the record so that, for judgments or orders issued
in proceedings under ORS 107.085 or 107.485, the state registrar,
county clerks, county recording officers and state courts may
keep Social Security numbers confidential and exempt from public
inspection.
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(2) The clerk of the court shall complete and forward to the
Center for Health Statistics on or before the 10th day of each
calendar month the records of each dissolution of marriage
judgment { + or dissolution of domestic partnership judgment + }
granted during the preceding calendar month. The clerk shall
comply with procedures established under ORS 107.840 to ensure
that, in the records completed and forwarded under this
subsection, the Social Security numbers of parties to a
proceeding under ORS 107.085 or 107.485 are kept confidential and
exempt from public inspection.
(3) A dissolution of marriage record { + or dissolution of
domestic partnership record + } not filed within the time
prescribed by subsection (2) of this section may be registered in
accordance with rules adopted by the state registrar.
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Passed by House April 17, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 2, 2007
...........................................................
President of Senate
Enrolled House Bill 2007 (HB 2007-A) Page 11
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2007 (HB 2007-A) Page 12