Chapter 652 Oregon Laws 1999

Session Law

AN ACT

HB 2212

Relating to business registry functions of the Secretary of State; creating new provisions; amending ORS 56.014, 56.016, 56.022, 56.041, 56.050, 56.080, 56.140, 58.410, 60.007, 62.030, 63.007, 65.007, 67.525, 70.065, 128.600, 554.016, 647.009, 648.115, 649.090 and 661.245; and repealing ORS 56.070 and 56.170.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 56.014 is amended to read:

56.014. (1) The Secretary of State is the filing officer under ORS chapters 58, 60, 62, 63, 65, 67, [68,] 70, 554, 647, [and] 648 and 649 and ORS 128.560 to 128.600 and 661.210 to 661.280.

(2) The duties, powers and authority of the Secretary of State under this chapter apply to the Secretary of State's functions under ORS chapters 58, 60, 62, 63, 65, 67, [68,] 70, 554, 647, [and] 648 and 649 and ORS 128.560 to 128.600 and 661.210 to 661.280.

SECTION 2. ORS 56.016 is amended to read:

56.016. (1) Notwithstanding any provisions of ORS chapters 58, 60, 62, 63, 65, 67, [68,] 70, 554, 647, [and] 648 and 649 or ORS 128.560 to 128.600 or 661.210 to 661.280 relating to the Secretary of State as the filing officer:

(a) A document may be delivered to the office of the Secretary of State for filing by electronic facsimile transmission if the original document is otherwise acceptable for filing.

(b) Any other reproduction of a document may be delivered to the office of the Secretary of State for filing if the original document is otherwise acceptable for filing.

(c) A document delivered under paragraph (a) or (b) of this subsection need not be accompanied by a true copy of the document. After filing a document delivered under paragraph (a) or (b) of this subsection, the Secretary of State shall return a facsimile copy of the filed document, if requested, or a photocopy of the filed document, to the domestic or foreign business entity or its representative.

(2) Subsection (1) of this section applies only to documents delivered to the office of the Secretary of State for filing under ORS chapters 58, 60, 62, 63, 65, 67, [68,] 70, 554, 647, [and] 648 and 649 and ORS 128.560 to 128.600 and 661.210 to 661.280.

(3) The Secretary of State by rule may establish fees for receiving and returning copies of documents delivered for filing under this section.

SECTION 3. ORS 56.022 is amended to read:

56.022. The Secretary of State shall have the power and authority reasonably necessary to enable the Secretary of State to carry out business registry functions and other duties imposed on the Secretary of State under ORS chapters 58, 60, 62, 63, 65, 67, [68,] 70, 554, 647, [and] 648 and 649 and ORS 128.560 to 128.600[,] and 661.210 to 661.280, including the authority to promulgate rules governing the procedure and form for submitting documents to be filed by the Secretary of State and the procedure and form for filing and retaining the documents and any other records required to be kept.

SECTION 4. 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 [chapter 79,] chapters 79 and 194 and ORS 87.246, 87.767, 87.806 to 87.831 [and ORS chapter 194] 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 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 [chapter 79,] chapters 79 and 194 and ORS 87.246, 87.767, 87.806 to 87.831 [and ORS chapter 194].

[(4) Any amount deposited in the Operating Account as provided in subsection (2) of this section that at the end of each month is determined by the Secretary of State to be in excess of the amount needed to administer business registry functions, and the functions and duties of the Secretary of State under ORS chapter 79, ORS 87.246, 87.767, 87.806 to 87.831 and ORS chapter 194 shall be transferred to the General Fund and shall become available for general governmental expenses.]

[(5) Any unexpended and unobligated balance in the Operating Account in excess of $500,000 as of July 1 each year, as certified by the Secretary of State, shall be transferred from the account to the General Fund to be available for general governmental expenditures.]

SECTION 5. ORS 56.050 is amended to read:

56.050. [(1)] Copies of all records and papers of the Office of the Secretary of State, certified by the Secretary of State, shall be received in evidence in all cases equally and with like effect as the original.

[(2) The Office of the Secretary of State shall collect a fee as set by rule for making copies of any document filed in its office.]

SECTION 6. ORS 56.080 is amended to read:

56.080. (1) Except as provided in subsections (2) and (3) of this section, the Secretary of State, within one year after a filing[, at any time after a hearing held not less than 20] and not less than 20 days after written notice to the company or individual who submitted the document to the office, may withdraw any certificate issued or document filed by the Secretary of State, except filings pursuant to ORS chapter 647, on any ground existing at the time of the filing for which the Secretary of State could have originally refused to issue the certificate or file the document. The written notice [of such hearing] shall state the reason for the proposed withdrawal.

(2) The Secretary of State, within one year after a filing, may withdraw from filing any document filed by the Secretary of State when the person who submitted the document advises the office that the document was submitted prematurely or by inadvertence or mistake. The person requesting the withdrawal shall accompany the request with a written statement reflecting the basis of the person's authority to initiate the withdrawal.

(3) The Secretary of State may withdraw without notice or hearing a certificate that the Secretary of State has issued or a document the Secretary of State has filed when the fee was paid with a check that was returned to the office for lack of sufficient funds. Such withdrawal shall be retroactive to the date of filing.

(4) Any decision under this section may be reviewed in accordance with the provisions of ORS 183.310 to 183.550.

(5) A withdrawal from filing of a document under this section is retroactive to the date of the filing but shall not relieve a person of any liability the person may have incurred while the document was filed with the office. The Secretary of State is not required to refund any fees paid in conjunction with the document withdrawn.

(6) At any time prior to a delayed effective date specified in a document, upon written request of the person or persons who originally filed the document with the Secretary of State, the document shall be withdrawn. Upon such withdrawal of a document, the document shall have no further effect and shall be treated as if it had not been filed. The person requesting the withdrawal shall accompany the request with a written statement reflecting the basis of the person's authority to initiate the withdrawal.

SECTION 7. ORS 56.140 is amended to read:

56.140. (1) The Secretary of State shall collect a nonrefundable fee of $20 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) The Secretary of State by rule may establish fees, in addition to those provided for in subsection (1) 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) The Secretary of State shall collect a nonrefundable fee of $20 each time process is served on the Secretary of State and the process relates to the secretary's business registry functions.

(4) 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) The Secretary of State by rule shall establish and collect reasonable fees for the following services relating to the secretary's business registry functions [of the office]:

[(1)] (a) Computer generated lists on paper and electronic data processing media.

[(2)] (b) Terminal access to the files of the office.

[(3)] (c) Microfilm records of the files of the office.

[(4)] (d) Microfilm processing and development services.

[(5)] (e) Copies of the programs and files on paper or electronic data processing media.

SECTION 8. ORS 58.410 is amended to read:

58.410. [(1) The Secretary of State shall collect the following fees for the documents delivered for filing:]

[_________________________________________________________________]

Document Fee

(a) Articles of incorporation............................................. $ 40

(b) Application for reserved name.................................... $ 10

(c) Application of a professional

corporation for reinstatement

following administrative

dissolution................................................................... $ 30

(d) Application of a foreign

professional corporation

for authority to transact

business in this state.................................................... $ 440

(e) Annual report of a domestic

professional corporation............................................. $ 20

(f) Annual report of a foreign

professional corporation............................................. $ 220

(g) Application for certificate

of existence or authorization....................................... $ 10

(h) Amendments to articles of

incorporation and authority........................................ $ 10

(i) Restated articles of

incorporation.............................................................. $ 10

(j) Mergers and share exchanges..................................... $ 10

(k) Dissolutions and withdrawals..................................... $ 10

(L) Change of registered agent

or office....................................................................... $ 10

(m) Registered agent resignations..................................... $ 10

(n) Corrections of annual report....................................... $ 10

[_________________________________________________________________]

[(2) The Secretary of State shall collect a fee of $20 each time process is served on the Secretary of State under this chapter.]

[(3) The Secretary of State by rule may establish fees, in addition to those provided for in subsections (1) and (2) of this section, for:]

[(a) Copying any public record maintained by the Office of Secretary of State and relating to a domestic or foreign professional corporation, and for certifying the copy.]

[(b) Certifying to facts of record, other than a certificate of existence, pursuant to ORS 58.480.] The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter.

SECTION 9. ORS 60.007 is amended to read:

60.007. [(1) The Secretary of State shall collect the following fees for the documents delivered for filing:]

[_________________________________________________________________]

Document Fee

(a) Articles of incorporation............................................. $ 50

(b) Application for reserved name.................................... $ 10

(c) Application for registered name.................................. $ 100

(d) Application of a domestic

corporation for reinstatement

following administrative

dissolution................................................................... $ 15

(e) Application of a foreign

corporation for authority to

transact business in this state...................................... $ 440

(f) Annual report of a domestic

corporation................................................................. $ 30

(g) Annual report of a foreign

corporation................................................................. $ 220

(h) Application for certificate of

existence or authorization........................................... $ 10

(i) Application of a foreign

corporation for reinstatement...................................... $ 50

(j) Amendments to articles of

incorporation and authority........................................ $ 10

(k) Restated articles of

incorporation.............................................................. $ 10

(L) Mergers and share exchanges..................................... $ 10

(m) Dissolutions and withdrawals..................................... $ 10

(n) Change of registered agent or

office............................................................................ $ 10

(o) Registered agent resignations..................................... $ 10

(p) Correction of annual report........................................ $ 10

[_________________________________________________________________]

[(2) The Secretary of State shall collect a fee of $20 each time process is served on the Secretary of State under this chapter.]

[(3) The Secretary of State by rule may establish fees, in addition to those provided for in subsections (1) and (2) of this section, for:]

[(a) Copying any public record maintained by the office and relating to a domestic or foreign corporation and for certifying the copy.]

[(b) Certifying to other facts of record pursuant to ORS 60.027.] The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter.

SECTION 10. ORS 62.030 is amended to read:

62.030. [(1) The Secretary of State shall collect the following fees for the documents delivered for filing:]

[_________________________________________________________________]

Document Fee

(a) Articles of incorporation............................................. $ 40

(b) Application for reserved

name........................................................................... $ 10

(c) Application of a cooperative

for reinstatement following

administrative dissolution............................................ $ 30

(d) Annual report of a cooperative................................... $ 20

(e) Application for certificate of

existence...................................................................... $ 10

(f) Dissolutions................................................................. $ 10

(g) Change of registered agent

or office....................................................................... $ 10

(h) Registered agent resignation....................................... $ 10

(i) Correction of annual

report/articles.............................................................. $ 10

(j) Amendments................................................................ $ 10

(k) Restated articles of

incorporation.............................................................. $ 10

(L) Merger ....................................................................... $ 10

[_________________________________________________________________]

[(2) The Secretary of State shall collect a fee of $20 each time process is served on the Secretary of State under this chapter.]

[(3) The Secretary of State by rule may establish fees, in addition to those provided for in subsections (1) and (2) of this section, for:]

[(a) Copying any public record maintained by the Office of Secretary of State and relating to a cooperative, and for certifying the copy.]

[(b) Certifying to facts of record, other than a certificate of existence, pursuant to ORS 62.065.] The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter.

SECTION 11. ORS 63.007 is amended to read:

63.007. [(1) The Secretary of State shall collect the following fees for the documents delivered for filing:]

[_________________________________________________________________]

Document Fee

(a) Articles of organization............................................... $ 40

(b) Application for reserved

name........................................................................... $ 10

(c) Application for registered

name........................................................................... $ 100

(d) Application of a domestic limited

liability company for reinstatement

following administrative

dissolution................................................................... $ 30

(e) Application for registration

of a foreign limited liability

company...................................................................... $ 440

(f) Annual report of domestic limited

liability company......................................................... $ 30

(g) Annual report of a foreign limited

liability company......................................................... $ 220

(h) Certificate of existence or

authorization............................................................... $ 10

(i) Application of a foreign limited

liability company for reinstate-

ment following administrative

revocation................................................................... $ 50

(j) Amendments to articles of

organization................................................................ $ 10

(k) Restated articles of

organization................................................................ $ 10

(L) Mergers....................................................................... $ 10

(m) Dissolutions and withdrawals..................................... $ 10

(n) Change of registered agent

or office....................................................................... $ 10

(o) Registered agent resignations..................................... $ 10

(p) Amendment to annual report...................................... $ 10

[_________________________________________________________________]

[(2) The Secretary of State shall collect a fee of $20 each time process is served on the Secretary of State under ORS 63.121 and 63.731.]

[(3) The Secretary of State by rule may establish fees in addition to those provided for in subsections (1) and (2) of this section for:]

[(a) Copying any public record maintained by the office and relating to a domestic or foreign limited liability company and for certifying the copy.]

[(b) Certifying to other facts of record pursuant to ORS 63.027.] The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter.

SECTION 12. ORS 65.007 is amended to read:

65.007. [(1) The Secretary of State shall collect the following fees for documents delivered for filing:]

[_________________________________________________________________]

Document Fee

(a) Articles of incorporation............................................. $ 20

(b) Application for reserved name.................................... $ 10

(c) Application for registered name.................................. $ 100

(d) Application for reinstatement

following administrative

dissolution................................................................... $ 20

(e) Application of a foreign

corporation for authority

to transact business in this

state............................................................................. $ 40

(f) Annual report of a domestic

or foreign corporation................................................. $ 10

(g) Certificate of

existence or authorization........................................... $ 10

(h) Amendments to articles

of incorporation and

authority...................................................................... $ 10

(i) Restated articles of

incorporation.............................................................. $ 10

(j) Mergers....................................................................... $ 10

(k) Dissolutions and withdrawals..................................... $ 10

(L) Change of registered agent

or office....................................................................... $ 10

(m) Registered agent resignations..................................... $ 10

(n) Correction of annual report........................................ $ 10

[_________________________________________________________________]

[(2) The Secretary of State shall collect a fee of $20 each time process is served on the Secretary of State under this chapter.]

[(3) The Secretary of State by rule may establish fees, in addition to those provided in subsections (1) and (2) of this section, for:]

[(a) Copying any public record maintained by the Office of Secretary of State and relating to a domestic or foreign corporation, and for certifying the copy.]

[(b) Certifying to facts of record, pursuant to ORS 65.027.] The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter.

SECTION 13. ORS 67.525 is amended to read:

67.525. [(1) The Secretary of State shall collect the following fees for the documents delivered for filing:]

[Document Fee

(a) Application for registration

of a limited liability

partnership.................................................................. $ 40

(b) Application for authorization

of a foreign limited liability

partnership.................................................................. $ 440

(c) Annual report of a limited

liability partnership..................................................... $ 20

(d) Annual report of a foreign

limited liability partnership......................................... $ 220

(e) Certificate of existence

or authorization........................................................... $ 10

(f) Amendment or correction to

application for registration or

application for authorization....................................... $ 10

(g) Cancellation or withdrawal

notice........................................................................... $ 10

(h) Correction of annual report........................................ $ 10

(i) Application for reinstatement

of a limited liability

partnership following

administrative revocation............................................ $ 30

(j) Application for reinstatement

of a foreign limited liability

partnership following

revocation................................................................... $ 50]

[(2) The Secretary of State by rule may establish fees in addition to those provided in subsection (1) of this section for:]

[(a) Copying any public record maintained by the office of the Secretary of State and relating to a limited liability partnership or foreign limited liability partnership and for certifying the copy.]

[(b) Certifying to other facts of record pursuant to this chapter.] The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter.

SECTION 14. ORS 70.065 is amended to read:

70.065. [(1) The Secretary of State shall collect the following fees for documents delivered for filing:]

[_________________________________________________________________]

Document Fee

(a) Certificate of limited

partnership.................................................................. $ 40

(b) Application for reserved name.................................... $ 10

(c) Application for reinstatement

of a domestic limited partnership

following administrative

inactivation.................................................................. $ 30

(d) Application for reinstatement

of a foreign limited partnership

following administrative

inactivation.................................................................. $ 50

(e) Registration of foreign

limited partnership...................................................... $ 440

(f) Annual report of a domestic

limited partnership...................................................... $ 20

(g) Annual report of a foreign

limited partnership...................................................... $ 220

(h) Certificate of existence or

authorization............................................................... $ 10

(i) Amendment or correction of

filing............................................................................ $ 10

(j) Restated certificate of limited

partnership.................................................................. $ 10

(k) Voluntary cancellation

and withdrawals.......................................................... $ 10

(L) Change of registered agent

or office....................................................................... $ 10

(m) Registered agent resignations..................................... $ 10

[_________________________________________________________________]

[(2) The Secretary of State shall collect a fee of $20 each time process is served on the Secretary of State under this chapter.]

[(3) The Secretary of State by rule may establish fees, in addition to those provided for in subsections (1) and (2) of this section, for:]

[(a) Copying any public record maintained by the Office of Secretary of State relating to a domestic or foreign limited partnership, and for certifying the copy.]

[(b) Certifying to facts of record, pursuant to this chapter.] The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter.

SECTION 15. ORS 128.600 is amended to read:

128.600. [(1) The Secretary of State shall collect the following fees for the documents delivered for filing:]

[_________________________________________________________________]

Document Fee

(a) Trust instrument creating

a business trust domiciled in

the State of Oregon..................................................... $ 40

(b) Trust instrument creating a

business trust domiciled outside

the State of Oregon..................................................... $ 440

(c) Annual report of a business

trust domiciled in the State

of Oregon.................................................................... $ 20

(d) Annual report of a business

trust domiciled outside the

State of Oregon........................................................... $ 220

(e) Application of a business

trust domiciled in the State

of Oregon for reinstatement........................................ $ 30

(f) Application of a business

trust domiciled outside the

State of Oregon for

reinstatement............................................................... $ 50

(g) Application for a reserved

name........................................................................... $ 10

(h) Application for a certificate

of existence or authorization....................................... $ 10

(i) Amendment to trust

instrument................................................................... $ 10

(j) Restated trust instrument............................................. $ 10

(k) Mergers and share

exchanges.................................................................... $ 10

(L) Cancellations and withdrawals................................... $ 10

(m) Change of registered

agent or office............................................................. $ 10

(n) Registered agent resignations..................................... $ 10

[_________________________________________________________________]

[(2) The Secretary of State shall collect a fee of $20 each time process is served on the Secretary of State under ORS 128.560 to 128.600.]

[(3) The Secretary of State by rule may establish fees, in addition to those provided for in subsections (1) and (2) of this section, for:]

[(a) Copying any public record maintained by the Office of Secretary of State and relating to a domestic or foreign business trust, and for certifying the copy.]

[(b) Certifying to facts of record, other than a certificate of existence, pursuant to ORS 60.027 and 128.560 to 128.600.] The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under ORS 128.560 to 128.600 and for process served on the secretary under ORS 128.560 to 128.600. The secretary may collect the fees described in ORS 56.140 for copying any public record under ORS 128.560 to 128.600, certifying the copy or certifying to other facts of record under ORS 128.560 to 128.600.

SECTION 16. ORS 554.016 is amended to read:

554.016. [(1) The Secretary of State shall collect the following fees for the documents delivered for filing:]

[_________________________________________________________________]

Document Fee

(a) Articles of incorporation............................................. $ 40

(b) Application for reserved

name........................................................................... $ 10

(c) Application for reinstatement

following administrative

dissolution................................................................... $ 30

(d) Annual report.............................................................. $ 20

(e) Application for certificate

of existence.................................................................. $ 10

(f) Amendments to articles

of incorporation.......................................................... $ 10

(g) Dissolution.................................................................. $ 10

(h) Change of registered

agent or office............................................................. $ 10

(i) Resignation of registered

agent........................................................................... $ 10

[_________________________________________________________________]

[(2) The Secretary of State by rule may establish fees, in addition to those provided for in subsection (1) of this section, for:]

[(a) Copying any public record maintained by the Office of Secretary of State and relating to a corporation filed under this chapter, and for certifying the copy.]

SECTION 17. ORS 647.009 is amended to read:

647.009. [(1) The Secretary of State shall collect the following fees for the documents delivered for filing:]

[_________________________________________________________________]

Document Fee

(a) Application for registration......................................... $ 20

(b) Renewals..................................................................... $ 20

(c) Assignments................................................................ $ 10

(d) Cancellation of registration......................................... $ 10

[_________________________________________________________________]

[(2) The Secretary of State by rule may establish fees, in addition to those provided for in subsection (1) of this section, for:]

[(a) Copying any public records maintained by the Office of Secretary of State and relating to trade and service marks, and for certifying the copy.]

SECTION 18. ORS 648.115 is amended to read:

648.115. [(1) The Secretary of State shall charge and collect:]

[_________________________________________________________________]

Document Fee

(a) Application.................................................................. $ 10

(b) Renewal...................................................................... $ 10

(c) Each county designated on

application or renewal................................................ $ 2

(d) Each county added by

amendment or upon renewal...................................... $ 2

(e) Amendment................................................................. $ 10

(f) Cancellation................................................................ $ 10

[_________________________________________________________________]

[(2) The Secretary of State shall collect a fee of $20 each time process is served on the Secretary of State under this chapter.]

[(3) The Secretary of State by rule may establish fees, in addition to those provided for in subsections (1) and (2) of this section, for:]

[(a) Copying any public record maintained by the Office of Secretary of State and relating to assumed business names, and for certifying the copy.]

[(b) Certifying to facts of record, pursuant to this chapter.]

[(4) An application fee submitted under subsection (1) of this section is nonrefundable.] The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter.

SECTION 19. ORS 649.090 is amended to read:

649.090. [(1) The Secretary of State shall collect the following fees for the documents delivered for filing:]

[_________________________________________________________________]

Document Fee

(a) Application for registration......................................... $ 20

(b) Amendment................................................................. $ 10

(c) Cancellation................................................................ $ 10

[_________________________________________________________________]

[(2) The Secretary of State by rule may establish fees, in addition to those provided for in subsection (1) of this section, for:]

[(a) Copying any public record maintained by the Office of Secretary of State and relating to insignia and names of organizations, and for certifying the copy.]

[(b) Certifying to facts of record, pursuant to ORS 649.010 to 649.060, 649.070, 649.080 and 649.990.] The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter.

SECTION 20. ORS 661.245 is amended to read:

661.245. [(1) The Secretary of State shall collect a registration fee of $20 for the documents delivered for filing.]

[(2) The Secretary of State by rule may establish fees, in addition to those provided for in subsection (1) of this section, for:]

[(a) Copying any public record maintained by the Office of Secretary of State relating to union labels, and for certifying the copy.]

[(b) Certifying to facts of records, pursuant to ORS 661.210 to 661.280 and 661.990.] The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under ORS 661.210 to 661.280 and for process served on the secretary under ORS 661.210 to 661.280. The secretary may collect the fees described in ORS 56.140 for copying any public record under ORS 661.210 to 661.280, certifying the copy or certifying to other facts of record under ORS 661.210 to 661.280.

SECTION 21. ORS 661.245 is added to and made a part of ORS 661.210 to 661.280.

SECTION 22. ORS 56.070 and 56.170 are repealed.

SECTION 23. (1) Sections 1 to 22 of this 1999 Act become operative July 1, 2001.

(2) The Secretary of State may take any action before the operative date of any provision of sections 1 to 22 of this 1999 Act that are necessary to enable the Secretary of State to exercise and perform, on and after the operative date of this 1999 Act, all the duties, functions and powers conferred on or required of the Secretary of State by this 1999 Act.

(3) Any unexpended and unobligated balance in the Operating Account described in ORS 56.041, as amended by section 4 of this 1999 Act, in excess of $500,000 as of June 30, 2001, as certified by the Secretary of State, shall be transferred from the account to the General Fund to be available for general governmental expenditures.

Approved by the Governor July 13, 1999

Filed in the office of Secretary of State July 13, 1999

Effective date October 23, 1999

__________