73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 590
 
                         Senate Bill 158
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Secretary of State Bill
  Bradbury)
 
 
                             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.
 
  Reduces business registry filing fees under nonprofit
corporation law from $50 to $25. Reduces amount transferred to
General Fund for each business registry filing under nonprofit
corporation law from $30 to $5.
 
                        A BILL FOR AN ACT
Relating to business registry filing fees; creating new
  provisions; and amending ORS 56.041 and 56.140.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 56.140 is amended to read:
  56.140. (1)  { + Except as provided in subsection (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) The Secretary of State shall collect a nonrefundable
fee of $25 for each document delivered for filing to the
Secretary of State under ORS chapter 65 as part of the
secretary's business registry functions described in ORS
56.022. + }
    { - (2) - }   { + (3) + } The Secretary of State by rule may
establish fees, in addition to those provided for in
 { - subsection (1) - }   { + subsections (1) and (2) + } 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) - }   { + (4) + } 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) - }   { + (5) + } 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) - }   { + (6) + } 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. 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 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 - }   { + fees + } described in ORS
56.140  { + (1) and (2) + };   { - and - }
  (b) An amount equal to $30 for each business registry filing
described in   { - paragraph (a) of this subsection - }   { + ORS
56.140 (1) + } shall be transferred to the General Fund and shall
become available for general governmental expenses { + ; and
  (c) An amount equal to $5 for each business registry filing
described in ORS 56.140 (2) shall be transferred to the General
Fund and shall become available for general governmental
expenses + }.
  (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 3.  { + The amendments to ORS 56.041 and 56.140 by
sections 1 and 2 of this 2005 Act apply to business registry
filings made under ORS chapter 65 on or after the effective date
of this 2005 Act. + }
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