Chapter 464 Oregon Laws 1999
Session Law
AN ACT
HB 2097
Relating to fees collected
by the Secretary of State; creating new provisions; and amending ORS 79.4025,
79.6030, 87.246, 87.767 and 87.821.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 79.4025 is amended to read:
79.4025. (1) The Secretary of State is the Chief Uniform
Commercial Code Filing Officer of this state, and it is the responsibility of
the Secretary of State to obtain and maintain uniformity and standardization in
the filing of secured transactions in this state as required by provisions of
ORS chapter 79. The Secretary of State shall prescribe rules for filing secured
transactions, and shall cause to be prepared and distributed to each county
clerk or county recorder detailed and comprehensive written directions and
instructions relating to and based upon the Uniform Commercial Code laws as
they apply to the filing of secured transactions which by law are under the
direction and control of the county clerk or county recorder.
(2) Notwithstanding ORS 79.4020 (3), for the purpose of
standardization, the Secretary of State shall approve for general use such
forms of financing statements, continuation statements, statements of
assignment, statements of partial release, statements of release and
termination statements for filing with any filing officer pursuant to the
Uniform Commercial Code, as shall conform to the provisions thereof.
(3)(a) The Secretary of State shall adopt rules that prescribe
the amount of the following fees payable, prior to filing or issuance, under
ORS 79.3020 and 79.4025 to 79.4070:
(A) The uniform fee for filing and indexing and for stamping a
copy furnished by the secured party to show the date and place of filing for an
original financing statement or for a continuation statement as required under
ORS 79.4030.
(B) The uniform fee for filing and indexing the termination
statement required under ORS 79.4040.
(C) The uniform fee for filing, indexing and furnishing filing
data for a financial statement indicating an assignment as described under ORS
79.4050.
(D) The uniform fee for filing, indexing and furnishing filing
data about a separate statement of assignment as described in ORS 79.4040 (1),
79.4050 (2) and 79.4060.
(E) The uniform fee for filing and noting a statement of
release as described under ORS 79.4060.
(F) A uniform fee for issuance of certificates pursuant to
written request on standard or nonstandard form, telephone request or in person
unwritten request, under ORS 79.4070 (2).
(G) The uniform fee for filing, indexing and furnishing filing
data relating to a security interest in collateral, including fixtures, of a
transmitting utility as described under ORS 79.3020 (5).
(H) A uniform fee for filing, indexing and furnishing filing
data relating to an amendment to a financing statement, a continuation
statement, a statement of assignment, a statement of partial release, a
termination statement or other statement pursuant to ORS 79.4025 to 79.4070.
(b) If the Secretary of State has approved for general use any
form described under subsection (2) of this section and such standard form is
not used, a fee or fees in addition to the fees described under paragraph (a)
of this subsection are payable for the purpose of defraying the additional
costs of filing and indexing a nonstandard form serving only the same purpose.
The amount of the fee or fees shall be prescribed by rules adopted by the
Secretary of State.
(c) If pursuant to any filing under ORS 79.3020 and 79.4025 to
79.4070, more than one name is required to be indexed, or if the secured party
shows a trade name for any person, which the secured party is permitted to do,
an extra uniform indexing fee or fees are payable prior to filing. The amount
of the extra fee or fees shall be prescribed by rule adopted by the Secretary
of State.
(d) The Secretary of State may adopt rules prescribing a fee
per page for furnishing a copy of any instrument on file with the Secretary of
State pursuant to ORS 79.3020 and 79.4025 to 79.4070. The fee is in addition to
any other fee prescribed for purposes of ORS 79.4025 to 79.4070.
(e) The Secretary of State shall adopt rules prescribing the
fees for furnishing the summaries, compilations and computer remote access to
database as described under ORS 79.4080.
(f) Any fee prescribed under this subsection is in addition to
any other fee prescribed under this subsection. No fee prescribed under this
subsection shall exceed $10, except that a fee prescribed under paragraph (e)
of this subsection may exceed $10.
(g) Any fee prescribed
under this subsection shall be nonrefundable.
(4) Upon payment of the fees payable pursuant to ORS 79.4025 to
79.4070, financing statements, continuation statements, statements of
assignment, statements of partial release, statements of release, termination
statements and amendments thereto may be filed and filing officers shall
accept, file and index the same and make certificates with respect thereto.
SECTION 2.
ORS 79.6030 is amended to read:
79.6030. (1) The
Secretary of State shall establish, implement and operate the central filing
system for farm products.
(2) The Secretary of
State shall [insure] ensure that the central filing system
for farm products described in ORS 79.6020 to 79.7010 complies with the requirements
for a central filing system as defined by 7 U.S.C. 1631 as that statute read on
December 24, 1986.
(3) The Secretary of
State shall prescribe the rules, fees and forms to implement and operate the
central filing system.
(4) The fees
prescribed by the Secretary of State under
this section shall be nonrefundable
and shall not exceed the cost of administering the central filing system.
SECTION 3.
ORS 87.246 is amended to read:
87.246. (1) Except for a notice of a claim for a lien created
by ORS 87.226, the recording officer of a county shall record the notices filed
under ORS 87.242 in a book kept for that purpose and called "index of
liens upon chattels."
(2) Notices filed with the Secretary of State under ORS 87.242
shall:
(a) Be in a form prescribed by the Secretary of State; and
(b) Be maintained as public records for a period of time
established by the Secretary of State.
(3) Fees for filing notices and requests for copies of such
notices shall be established by the Secretary of State under ORS 177.130. Fees described in this subsection shall be
nonrefundable.
SECTION 4.
ORS 87.767 is amended to read:
87.767. (1) Notices filed with the Secretary of State under ORS
87.750 to 87.777 shall:
(a) Be in a form prescribed by the Secretary of State; and
(b) Be maintained as public records for a period of time
established by the Secretary of State.
(2) Fees for filing notices and requests for copies of notices
shall be established by the Secretary of State pursuant to ORS 177.130. Fees described in this subsection shall be
nonrefundable.
SECTION 5.
ORS 87.821 is amended to read:
87.821. (1) The fee for filing and indexing each notice of lien
or certificate or notice affecting the lien is as prescribed by the Secretary
of State by rule. The fee described in
this subsection shall be nonrefundable.
(2) Notwithstanding ORS 205.320, the fees described in
subsection (1) of this section may be collected at the time of filing or by
deferred billing in a manner approved by the filing officer.
SECTION 6. The amendments to ORS 79.4025, 79.6030,
87.246, 87.767 and 87.821 by sections 1 to 5 of this 1999 Act apply only to
filings made under ORS 79.4025, 79.6030, 87.246, 87.767 and 87.821 on or after
the effective date of this 1999 Act.
Approved by the Governor
July 6, 1999
Filed in the office of
Secretary of State July 6, 1999
Effective date October 23,
1999
__________