75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3724
House Bill 3472
Sponsored by Representative HOLVEY
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.
Increases fees for specified business registry filings, Uniform
Commercial Code secured transaction record filings and
applications for notary public commissions.
Creates Secretary of State Technology Account. Requires that
portion of increased fees be deposited in account. Continuously
appropriates amounts in account to Secretary of State for purpose
of improving electronic services provided by Secretary of State
to public.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to fees collected by Secretary of State; creating new
provisions; amending ORS 56.041, 56.140, 79.0525 and 194.020;
appropriating money; prescribing an effective date; and
providing for revenue raising that requires approval by a
three-fifths majority.
Be It Enacted by the People of the State of Oregon:
{ +
BUSINESS REGISTRY FILINGS + }
SECTION 1. ORS 56.140 is amended to read:
56.140. { + (1) The Secretary of State shall collect a
nonrefundable fee of $75 for each of the following documents
delivered to the Secretary of State for filing:
(a) Articles of incorporation delivered for filing under ORS
60.051.
(b) Articles of organization delivered for filing under ORS
63.051.
(c) Annual reports delivered for filing under ORS 60.787 and
63.787 by domestic corporations or by domestic limited liability
companies, as those terms are defined in ORS 60.001.
(2) The Secretary of State shall collect a nonrefundable fee of
$150 for each of the following documents delivered to the
Secretary of State for filing:
(a) Applications for authority to transact business in this
state delivered under ORS 60.707 and 63.707.
(b) Annual reports delivered for filing under ORS 60.787 and
63.787 by foreign corporations or by foreign limited liability
companies, as those terms are defined in ORS 60.001. + }
{ - (1) - } { + (3) For documents other than those
specified in subsections (1) and (2) of this section, + } the
Secretary of State shall collect a nonrefundable fee of $50 for
each document delivered for filing to the Secretary of State as
part of the secretary's business registry functions described in
ORS 56.022.
{ - (2) - } { + (4) + } The Secretary of State by rule may
establish fees, in addition to those provided for in
{ - subsection (1) - } { + subsections (1), (2) and (3) + } of
this section, for:
(a) Copying any public record maintained by the secretary and
relating to the secretary's business registry functions, and for
certifying the copy; and
(b) Certifying to other facts of record, including certificates
of existence, relating to the secretary's business registry
functions.
{ - (3) - } { + (5) + } The Secretary of State shall
collect a nonrefundable fee of $20 each time process { + that is
related to the Secretary of State's business registry
functions + } is served on the Secretary of State { - and the
process relates to the secretary's business registry
functions - } .
{ - (4) - } { + (6) + } The Secretary of State may waive
collection of any fee, charge or interest { - , - } or portion
of a fee, charge or interest { - , - } that is collectible by
the Secretary of State as part of the secretary's business
registry functions.
{ - (5) - } { + (7) + } The Secretary of State by rule
shall establish and collect reasonable fees for the following
services relating to the secretary's business registry functions:
(a) Computer generated lists on electronic data processing
media.
(b) Terminal access to the files of the office.
(c) Microfilm records of the files of the office.
(d) Microfilm processing and development services.
(e) Copies of the programs and files on paper or electronic
data processing media.
SECTION 2. { + The amendments to ORS 56.140 by section 1 of
this 2009 Act apply only to documents filed with the Secretary of
State on or after the effective date of this 2009 Act. + }
SECTION 3. ORS 56.041 is amended to read:
56.041. (1) The Operating Account is established in the General
Fund of the State Treasury.
(2) The net amount accruing to the Secretary of State from all
fees, charges, interest, fines, penalties and miscellaneous
revenues from all sources relating to business registry
functions, and moneys received by the Secretary of State under
ORS chapters 79 and 194 and ORS 80.100 to 80.130, 87.246, 87.767
and 87.806 to 87.831 shall, after deduction of refunds, be paid
over to the State Treasurer and deposited at least monthly in the
Operating Account.
(3) Moneys deposited to the credit of the Operating Account are
continuously appropriated { + to the Secretary of State + } for
the expenses of carrying out the functions and duties of the
Secretary of State relating to business registry, and the
functions and duties of the Secretary of State under ORS chapters
79 and 194 and ORS 80.100 to 80.130, 87.246, 87.767 and 87.806 to
87.831.
{ - (4) At the end of each month: - }
{ - (a) The Secretary of State shall determine for that month
the number of business registry filings for which the Secretary
of State collected the fee described in ORS 56.140; and - }
{ - (b) An amount equal to $30 for each business registry
filing described in paragraph (a) of this subsection shall be
transferred to the General Fund and shall become available for
general governmental expenses. - }
{ + (4) At the end of each month, the Secretary of State
shall determine the number of business registry filings for which
the Secretary of State collected fees under ORS 56.140 during the
month. From those fees, the Secretary of State shall:
(a) Deposit in the General Fund an amount equal to $30 for each
business registry filing for which a fee was collected during the
month under ORS 56.140; and
(b) Deposit in the Secretary of State Technology Account an
amount equal to $6 for each business registry filing for which a
fee was collected during the month under ORS 56.140. + }
(5) As of July 1 of each year, any unexpended and unobligated
balance in the Operating Account that is in excess of the amount
that is necessary to administer the functions and duties of the
Secretary of State as described in subsection (3) of this section
for two months, as certified by the Secretary of State, shall be
transferred to the General Fund and shall become available for
general governmental expenses.
SECTION 4. { + The amendments to ORS 56.041 by section 3 of
this 2009 Act first apply to the first full calendar month
following the effective date of this 2009 Act. + }
{ +
UNIFORM COMMERCIAL CODE FILINGS + }
SECTION 5. ORS 79.0525 is amended to read:
79.0525. (1) Except as otherwise provided in subsection (4) of
this section, the nonrefundable fee for filing and indexing a
record under ORS 79.0501 to 79.0528 may not exceed { - $10 - }
{ + $15 + }.
(2) The number of names required to be indexed does not affect
the amount of the fee in subsection (1) of this section.
(3) The nonrefundable fee for responding to a request for
information from the filing office, including for communicating
whether there is on file any financing statement naming a
particular debtor, may not exceed:
(a) $10 for each distinct debtor name to be searched;
(b) $5 for copies of Uniform Commercial Code documents relating
to each distinct debtor name to be searched, in addition to the
fee in paragraph (a) of this subsection; and
(c) $5 for each request by document number for copies of
Uniform Commercial Code documents.
(4) This section does not require a fee with respect to a
record filed or recorded in the filing office described in ORS
79.0501 (1)(a). However, the recording and satisfaction fees that
otherwise would be applicable to the record apply.
(5) The Secretary of State shall adopt rules prescribing fees
for providing summaries and compilations that are not debtor
specific and for providing copies of records, as described in ORS
79.0523 (6), that are not debtor specific.
{ + (6) At the end of each month, the Secretary of State
shall determine the number of records filed and indexed during
the month under ORS 79.0501 to 79.0528 for which the Secretary of
State collected a fee under subsection (1) of this section. From
those fees the Secretary of State shall deposit in the Secretary
of State Technology Account $5 for each record filed and indexed
during the month under ORS 79.0501 to 79.0528. + }
SECTION 6. { + (1) The amendments to ORS 79.0525 (1) by
section 5 of this 2009 Act apply only to records filed under ORS
79.0501 to 79.0528 on or after the effective date of this 2009
Act.
(2) ORS 79.0525 (6) first applies to the first full calendar
month following the effective date of this 2009 Act. + }
{ +
NOTARY COMMISSION APPLICATIONS + }
SECTION 7. ORS 194.020 is amended to read:
194.020. (1) To defray costs incurred by the Secretary of State
to process the application made under ORS 194.014, each applicant
for appointment as a notary public shall pay in advance to the
Secretary of State a nonrefundable application fee not to exceed
{ - $20 - } { + $40 + }.
(2) Any fee received by the Secretary of State under subsection
(1) of this section shall be deposited in the State Treasury and
credited to the Operating Account under ORS 56.041, and is in
lieu of any fee charged under ORS 177.130.
{ + (3) At the end of each month, the Secretary of State
shall determine the number of applications made during the month
under ORS 194.014 for which the Secretary of State collected a
fee under subsection (1) of this section. From those fees the
Secretary of State shall deposit in the Secretary of State
Technology Account $20 for each application made during the month
under ORS 194.014. + }
SECTION 8. { + (1) The amendments to ORS 194.020 (1) by
section 7 of this 2009 Act apply only to applications made under
ORS 194.014 on or after the effective date of this 2009 Act.
(2) ORS 194.020 (3) first applies to the first full calendar
month following the effective date of this 2009 Act. + }
{ +
SECRETARY OF STATE TECHNOLOGY ACCOUNT + }
SECTION 9. { + (1) The Secretary of State Technology Account
is established in the General Fund. The account consists of
moneys deposited in the account under ORS 56.041 (4), 79.0525 (6)
and 194.020 (3).
(2) All moneys in the Secretary of State Technology Account are
continuously appropriated to the Secretary of State for the
purpose of improving electronic services provided by the
Secretary of State to the public. + }
{ +
UNIT CAPTIONS + }
SECTION 10. { + The unit captions used in this 2009 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act. + }
{ +
EFFECTIVE DATE + }
SECTION 11. { + This 2009 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fifth
Legislative Assembly adjourns sine die. + }
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