74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 109
 
LC 954/SB 109-3
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 109
 
                    By COMMITTEE ON JUDICIARY
 
                             April 5
 
  On page 2 of the printed bill, delete lines 35 through 44 and
insert:
  ' (7)(a) A charitable organization, when filing a report
required under this section, shall pay a fee to the Department of
Justice in accordance with a fee schedule established by the
department by rule.
  ' (b) The fee schedule shall consist of the following elements:
  ' (A) A fee that the department shall set according to a scale
graduated on the basis of the charitable organization's receipts
and income during the time covered by the report, with a lower
fee applying to lower receipts and income and a higher fee
applying to higher receipts and income. The minimum applicable
fee is $10 and the maximum applicable fee is $400.
  ' (B) A fee based on a percentage of the fund balance the
charitable organization has at the close of the organization's
calendar or fiscal year. The department shall set the fee under
this subparagraph at not more than 0.02 of one percent of the
fund balance or $2,000, whichever is less.
  ' (c) The charitable organization shall pay a fee that consists
of both elements set forth in paragraph (b) of this subsection at
the time the organization files a report required under this
section.
  ' (d) In calculating the fee element set forth in paragraph
(b)(B) of this subsection, the department may not include in the
fund balance any fixed assets that the charitable organization
uses for operations.
  ' (e) The department shall ensure that the aggregate amount of
fees paid under this section is sufficient to pay the
department's expenses in administering ORS 128.610 to 128.750 and
128.801 to 128.898.'.
  On page 3, line 41, before the period insert 'and for no other
purpose'.
  On page 5, line 23, after the period insert 'Except as provided
in section 11 of this 2007 Act,'.
  After line 33, insert:
  '  { +  SECTION 11. + }  { + (1) If on January 1, 2008, the
Department of Justice has not adopted rules establishing the fee
schedule and the delinquency fee amount described in ORS 128.670
as amended by section 1 of this 2007 Act, a charitable
organization shall pay a fee or delinquency fee in accordance
with the provisions of ORS 128.670 that are operative on December
31, 2007, until such time as the Department of Justice adopts
final rules to establish a fee schedule and delinquency fee
amount under ORS 128.670 as amended by section 1 of this 2007
Act. On and after the effective date of final rules adopted by
the Department of Justice under ORS 128.670 as amended by section
1 of this 2007 Act, the charitable organization shall pay a fee
or delinquency fee in accordance with the fee schedule
established by the final rules.
 
  ' (2) The Department of Justice shall adopt final rules under
ORS 128.670 as amended by section 1 of this 2007 Act not later
than December 31, 2008.
  ' (3) This section is repealed on January 2, 2010. + } ' .
  In line 34, delete '11' and insert '12'.
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