Bill Text: OR HB2959 | 2011 | Regular Session | Introduced
Bill Title: Relating to names after entering into certain legal relationships; declaring an emergency.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2959 Detail]
Download: Oregon-2011-HB2959-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 2467
House Bill 2959
Sponsored by Representative FREDERICK; Representatives BAILEY,
BARKER, DEMBROW, GELSER (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.
Expands options for name after marriage or after entering into
registered domestic partnership. Allows amendment of name for
marriages and registered domestic partnerships entered into
before effective date of Act. Requires State Registrar of Center
for Health Statistics to provide standard form to amend name
after marriage. Requires Oregon Health Authority to provide form
to amend name after entering into registered domestic
partnership.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to names after entering into certain legal
relationships; amending ORS 106.041, 106.100, 106.220, 106.320,
106.335 and 106.990; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 106.041 is amended to read:
106.041. (1) All persons wishing to enter into a marriage
contract shall obtain a marriage license from the county clerk
upon application, directed to any person or religious
organization or congregation authorized by ORS 106.120 to
solemnize marriages, and authorizing the person, organization or
congregation to join together as husband and wife the persons
named in the license.
(2) The State Registrar of the Center for Health Statistics
shall provide a standard form of the application, license and
record of marriage to be used in this state that must include:
(a) Each applicant's Social Security number recorded on a
confidential portion of the application, license and record of
marriage;
(b) Certain statistical data regarding age, place of birth,
sex, occupation, residence and previous marital status of each
applicant;
(c) The name and address of the affiant under ORS 106.050, if
required; and
(d) Each applicant's name after marriage as provided in ORS
106.220.
{ + (3) The state registrar shall provide a standard form to
amend an original application, license and record of marriage as
provided in ORS 106.220 (3). + }
{ - (3) - } { + (4) + } Each applicant for a marriage
license shall file with the county clerk from whom the marriage
license is sought a written application for the license on forms
prescribed for this purpose by the Center for Health Statistics.
{ - (4) - } { + (5) + } A marriage license must contain the
following statement: 'Neither you nor your spouse is the property
of the other. The laws of the State of Oregon affirm your right
to enter into marriage and at the same time to live within the
marriage free from violence and abuse. '
{ - (5) - } { + (6) + } An applicant may not intentionally
make a material false statement in the records required by this
section.
{ - (6) - } { + (7) + } The county clerk may not issue a
marriage license until the provisions of this section and ORS
106.050 and 106.060 are complied with.
SECTION 2. ORS 106.220 is amended to read:
106.220. (1) Upon entering into marriage, either party
may { + :
(a) + } Retain the party's { + middle name, if any, and + }
surname prior to the marriage { + ; + } { - or - }
{ + (b) Retain the party's middle name, if any, and + }
change the party's surname to the surname of the other
party { + ; + } { - or - }
{ + (c) Either retain or remove the party's middle name, if
any, and change the party's surname + } to a { - hyphenated - }
combination of the surnames of both parties { + , with or without
a hyphen;
(d) Change the party's middle name, if any, to the party's
surname prior to the marriage + } { - . If a party requests a
surname change under this section, that party may also change the
party's middle name to the party's surname prior to the
marriage. - } { + ; or
(e) Add to the party's middle name, if any, the party's surname
prior to the marriage and change the party's surname to the
surname of the other party.
(2) + } Each party must indicate on the application, license
and record of marriage the party's name after marriage.
{ + (3) A party who entered into marriage before the
effective date of this 2011 Act may change the party's name as
recorded on the original application, license and record of
marriage to a name after marriage as provided in subsection (1)
of this section by completing the form described in ORS 106.041
(3). + }
{ - (2) - } { + (4) + } The name of each party after
marriage as indicated on the { + original or amended + }
application, license and record of marriage shall become the sole
legal name of each party after marriage. If a party indicates a
name change other than as described in subsection (1) { + or
(3) + } of this section, the party shall request approval of the
court pursuant to ORS 33.410.
{ + (5) As used in this section, 'middle name' and 'surname '
mean a name that may consist of one or more different names. + }
SECTION 3. ORS 106.100 is amended to read:
106.100. (1) The county clerk who issues the marriage license
shall maintain records relating to marriages licensed in the
county. The records must include the names of the parties { +
before and after marriage, and as amended under ORS 106.220 (3),
if applicable + }, the consent of the parent or guardian, if any,
the name of the affiant, the substance of the affidavit upon
which the license issued and the date of the license.
(2) Upon return of the completed application, license and
record of marriage under ORS 106.170, the county clerk shall add
the date of the marriage ceremony to the clerk's records
maintained under subsection (1) of this section and file the
completed application, license and record of marriage. Except as
provided in ORS 205.320, the county clerk may not charge a fee
for filing, recording or indexing the application, license and
record of marriage.
(3) The county clerk shall { - , - } { + :
(a) + } Upon completion of the requirements of this section and
ORS 106.077, deliver the original completed application, license
and record of marriage to the Center for Health Statistics as
required under ORS 432.405 { + ; and
(b) Where applicable under ORS 106.220 (3), deliver the amended
application, license and record of marriage to the Center for
Health Statistics + }.
(4) Notwithstanding any other provision of law, the record of
marriage maintained by a county clerk is not a vital record as
defined in ORS 432.005 and is a public record open and subject to
full disclosure.
SECTION 4. ORS 106.320 is amended to read:
106.320. (1) The Oregon Health Authority shall prepare forms
entitled:
(a) 'Declaration of Domestic Partnership' meeting the
requirements of ORS 106.325; { - and - }
(b) 'Certificate of Registered Domestic Partnership { - . - }
' { + ; and
(c) 'Amendment to Declaration of Domestic Partnership and
Certificate of Registered Domestic Partnership Changing Name
After Entering into Registered Domestic Partnership' meeting the
requirements of ORS 106.335. + }
(2) The authority shall distribute the forms to each county
clerk. The authority and each county clerk shall make the
Declaration of Domestic Partnership forms { + and the Amendment
to Declaration of Domestic Partnership and Certificate of
Registered Domestic Partnership Changing Name After Entering into
Registered Domestic Partnership forms + } available to the
public.
SECTION 5. ORS 106.335 is amended to read:
106.335. (1) Upon entering into a domestic partnership, either
party to the domestic partnership may { + :
(a) + } Retain the party's { + middle name, if any, and + }
surname prior to the domestic partnership { + ; + } { - or - }
{ + (b) Retain the party's middle name, if any, and + }
change the party's surname to the surname of the other
party { + ; + } { - or - } { +
(c) Either retain or remove the party's middle name, if any,
and change the party's surname + } to a { - hyphenated - }
combination of the surnames of both parties { + , with or without
a hyphen;
(d) Change the party's middle name, if any, to the party's
surname prior to the domestic partnership + } { - . If a party
requests a surname change under this section, that party may also
change the party's middle name to the party's surname prior to
the domestic partnership. - } { + ; or
(e) Add to the party's middle name, if any, the party's surname
prior to the domestic partnership and change the party's surname
to the surname of the other party.
(2) + } Each party must indicate on the Declaration of Domestic
Partnership the party's name after domestic partnership.
{ + (3) A party who entered into a domestic partnership
before the effective date of this 2011 Act may change the party's
name as recorded on the original Declaration of Domestic
Partnership and Certificate of Registered Domestic Partnership to
a name after domestic partnership as provided in subsection (1)
of this section by completing the form described in ORS 106.320
(1)(c). + }
{ - (2) - } { + (4) + } The name of each party after
domestic partnership as indicated on the { + original or
amended + } Declaration of Domestic Partnership shall become the
sole legal name of each party after domestic partnership. If a
party indicates a name change other than as described in
subsection (1) { + or (3) + } of this section, the party shall
request approval of the court pursuant to ORS 33.410.
{ + (5) As used in this section, 'middle name' and 'surname '
mean a name that may consist of one or more different names.
(6) Upon receipt of an Amendment to Declaration of Domestic
Partnership and Certificate of Registered Domestic Partnership
Changing Name After Entering into Registered Domestic
Partnership, the county clerk shall enter the amendment into the
registry of domestic partnerships maintained by the county
clerk. + }
SECTION 6. ORS 106.990 is amended to read:
106.990. (1) Violation of ORS 106.041 { - (5) - } { +
(6) + } is punishable, upon conviction, by a fine of not more
than $100 or by imprisonment in the county jail for not more than
30 days, or both.
(2) Violation of ORS 106.110 or 106.140 is punishable upon
conviction by imprisonment in the custody of the Department of
Corrections or county jail for not more than one year, or by a
fine of not more than $500 nor less than $100.
(3) Refusal or neglect to comply with ORS 106.170 shall result
in the forfeiture of a penalty of not less than $10 nor more than
$50 to be recovered by action for every five days of such refusal
or neglect.
SECTION 7. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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