AMENDMENT FOR PRINTED BILL
49me

___________________ moved that SB 49 be amended as follows:


    On page 1 of the printed bill, delete lines 5 to 15, inclusive, and insert:

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    If a document, statement, or report is filed in the Office of the Secretary of State pursuant to §§ 47-1A-122, 47-28-6, 47-34A-212, 48-7-206.1, and 48-7A-1208 and the document, statement, or report is not filed electronically, but is able to be filed electronically and is allowed to be filed electronically, an additional fee of fifteen dollars shall be collected. The fee collected pursuant to this section shall be deposited in the general fund.

    Section 2. That § 47-34A-212 be amended to read:

    47-34A-212. The secretary of state shall charge and collect for:

            (a)    Filing the articles of organization in the case of a domestic limited liability company, a filing fee of one hundred fifty dollars. Filing the articles of organization in the case of a foreign limited liability company, a filing fee of seven hundred fifty dollars;
            (b)    Deleted by SL 2004, ch 279, § 2.
            (c)    A reporting fee of fifty dollars, due and payable with the filing of each annual report. Each entity that does not file or refuses to file its annual report within the time prescribed is subject to a penalty of fifty dollars to be assessed by the secretary of state.

    Section 3. That § 1-8-12 be amended to read:

    1-8-12. The secretary of state shall charge a fee of fifty dollars for any expedited service. Expedited service is defined as completion sooner than the normal course of business upon request. The office shall deposit any revenue from this fee into the financing statement and annual report filing fee fund. ".


    Delete page 2.

    On page 3, delete line 1.

    On page 3, line 9, delete everything after "."

    On page 3, delete line 10.

    On page 7, delete lines 4 to 24, inclusive, and insert:

"    Section 9. That § 37-11-1 be amended to read:

    37-11-1. Any person regularly engaging in or conducting a business in this state shall file a fictitious name statement unless one of the following apply:

            (1)    The name of the business plainly shows the true surname of each person interested in the

business; or

            (2)    The name of the business is on file with the secretary of state in a required business filing.

    The fictitious name statement shall include the name, post office address, and residence address of each person interested in the business and the address where the main office of the business is to be maintained. The fictitious name statement shall be electronically filed with the secretary of state, or filed in paper form with any register of deeds in the state. The filing shall be renewed every fifth year thereafter. A fee of ten dollars shall be paid with each new filing and renewal. The fee shall be retained by the filing office receiving the filing deposited into the financing statement and annual report filing fee fund.

    Section 10. That § 37-11-2 be amended to read:

    37-11-2. A verified statement as described in § 37-11-1 shall be similarly filed upon any change of twenty-five percent or more of the ownership interest in the business. A fee of ten dollars shall be paid with each filing under this section. The fee shall be retained by the filing office receiving the filing deposited into the financing statement and annual report filing fee fund.

    Section 11. All fees collected by the secretary of state that are not specifically dedicated to the financing and annual report filing fee fund or for administering the concealed carry program pursuant to § 23-7-53 or for administering any concealed carry programs enacted by the Legislature after 2015, shall be deposited in the state general fund.

    Section 12. That § 57A-9-525 be amended to read:

    57A-9-525. (a) Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b), is the amount specified in subsection (c), if applicable, plus:

            (1)    Twenty-five dollars if the record is communicated in writing and consists of one page, and five dollars for additional pages. One dollar of this fee shall be deposited into the financing statement and annual report filing fee fund;

            (2)    Twenty dollars if the record is communicated by internet. One dollar of this fee shall be deposited into the financing statement and annual report filing fee fund; and

            (3)    Twenty-five dollars if the record is communicated by another medium authorized by filing-office rule.

    (b) The secretary of state may request a fee for on-line services for UCC data images available on a subscription basis. The office shall deposit any revenue from this fee into the financing statement and annual report filing fee fund.

    (c) Except as otherwise provided in subsection (e), the fee for filing, whether communicated in writing, electronically, or another medium authorized by filing-office rule, and indexing an initial financing statement of the following kind is the amount specified in subsection (c), if applicable, plus:

            (1)    Forty dollars if the financing statement indicates that it is filed in connection with a

public-finance transaction;

            (2)    Forty dollars if the financing statement indicates that it is filed in connection with a manufactured-home transaction.

    (c)(d) Except as otherwise provided in subsection (e), if a record is communicated in writing or electronically, the fee for each name more than one required to be indexed is three dollars.

    (d)(e) The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is:

            (1)    Twenty dollars if the request is communicated in writing; and

            (2)    Ten dollars if the request is communicated by internet authorized by filing-office rule.

    Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee of one dollar per page.

    (e)(f) This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under § 57A-9-502(c). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply. ".

    On page 8, delete lines 1 to 4, inclusive.