HB 3386
Authorizes a deputy of a county clerk to solemnize marriages.
Jurisdiction
Oregon
Session
2025 Regular Session
At the request of
(at the request of Oregon Association of County Clerks)
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Sign in to take actionPublic sentiment
Support
33%
Oppose
67%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill allows deputies of county clerks to perform marriages, similar to judges and religious officials. It amends existing laws to authorize this role and establishes fees for these services, including potential personal payments outside of regular business hours. The bill also clarifies fee structures and outlines record-keeping requirements for these solemnizations.
Key provisions
- Deputies of county clerks can now solemnize marriages.
- The bill amends ORS 106.120 to define who is authorized to solemnize marriages.
- Fees for solemnizing a marriage are set at $117 for county clerks and deputies, with potential for personal payments.
- Fees for judicial officers solemnizing a marriage are $117, subject to specific conditions.
- The bill modifies ORS 205.320 to update fees associated with county clerk services.
- It allows for waivers of fees in exigent circumstances, such as indigency.
- Personal payments for solemnizations outside regular hours are permitted, subject to cost limitations.
- Record-keeping requirements are established for personal payments and associated costs.
Who is affected
- County Clerks
- Deputies of County Clerks
- Couples seeking to marry
- Religious Congregations
- Judicial Officers
Notable changes
- Expands the authority to solemnize marriages beyond judges and religious officials to include county clerk deputies.
Sponsors
Official sponsors from legislative records.
Primary sponsor
House Committee On Rules
Arguments in favor
Reasons to support this legislation.
Supporters of expanding civil wedding ceremonies to include Deputy County Clerks argue that this change would improve public service and convenience, particularly for bilingual individuals. They believe that allowing Deputy County Clerks to perform marriage ceremonies would enable them to better meet the growing demand for wedding services, providing a more convenient option for couples who may not have access to other venues or languages. By expanding civil wedding ceremonies to include county clerks' deputies, supporters suggest that this change would promote greater inclusivity and accessibility, allowing individuals to obtain their marriage licenses in a more streamlined and culturally sensitive manner.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
Opponents of HB 3386 express concerns that the legislation would create unnecessary risks for individuals involved in non-traditional marriages, including those conducted in remote locations or outside of the Clerk's Office. They argue that the proposed fee structures are overly burdensome and oppressive, particularly for low-income individuals, which could lead to financial instability and increase the risk of lawsuits. Furthermore, critics believe that the bill may facilitate illegal marriages, such as those involving underage girls, by making it too easy to obtain a marriage license without adequate safeguards in place. By not requiring training or an official title for marriage officiants, opponents fear that couples may be entering into lifelong contracts without proper guidance or understanding of their responsibilities.