Chapter 99
AN ACT
HB 2007
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
SECTION 1. Sections
1 to 9 of this 2007 Act may be cited as the
SECTION 2. The
Legislative Assembly finds that:
(1) Section 20, Article
I of the
(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
(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
(4) This state has a
strong interest in promoting stable and lasting families, including the
families of same-sex couples and their children. All
(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
(7) The Legislative
Assembly recognizes that the
(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 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
(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;
(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, 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
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 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 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:
(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 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 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.
(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.
Approved by the Governor May 9, 2007
Filed in the office of Secretary of State May 9, 2007
Effective date January 1, 2008
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