Bill Text: OR SB283 | 2013 | Regular Session | Introduced

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Bill Title: Relating to registration requirements for persons engaging in business in this state; declaring an emergency.

Sponsorship: Partisan Bill (Independent 1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB283 Detail]

Download: Oregon-2013-SB283-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1759

                         Senate Bill 283

Sponsored by Senator BOQUIST (Presession filed.)

                             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.

  Permits person to request Secretary of State to verify whether
another person that is engaged in business in this state is
registered with Secretary of State as provided under applicable
law. Requires Secretary of State to investigate person's business
and verify if person is registered. Provides that if Secretary of
State finds that person is not registered as required, Secretary
of State shall notify person of requirement to register and
specify date for compliance. Provides that Secretary of State
shall charge fee of $50 for registration in addition to
applicable filing fees.
  Provides that Secretary of State shall impose civil penalty of
$1,000 on person that fails to register by specified date and
additional civil penalty of $1,000 for each 90-day period after
date of initial penalty during which person continues to engage
in business without registering.
  Becomes operative 91 days after effective date of Act.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to registration requirements for persons engaging in
  business in this state; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 56. + }
  SECTION 2.  { + (1) A person may request that the Secretary of
State verify whether another person that is engaged in business
in this state is registered with the Secretary of State. The
person that makes the request shall provide the office of the
Secretary of State with information sufficient to identify and
contact the person that is engaged in business in this state.
  (2) The Secretary of State, for the purposes set forth in this
section, shall investigate the nature of the business activities
of the person that is the subject of a request under subsection
(1) of this section only to the extent necessary to determine
whether applicable law requires the person to register with the
office of the Secretary of State. If the Secretary of State
determines that the person must register, the Secretary of State,
using information available to the Secretary of State in carrying
out the Secretary of State's business registry functions under
ORS 56.022, shall verify whether the person that is the subject
of a request under subsection (1) of this section has registered.
  (3) If the Secretary of State finds that a person that must
register has not registered as provided under the law that
applies to the type of business in which the person is engaged,
the Secretary of State shall notify the person of the requirement
to register, specifying a date by which the person must comply
with the applicable law. The date by which the person must comply
may not be more than 30 days after the date of the notice. The
Secretary of State shall charge and collect from a person that
registers under this section a fee of $50 in addition to and not
in lieu of any applicable filing fees.
  (4) The Secretary of State shall impose a civil penalty of
$1,000 on a person that does not comply with a notice from the
Secretary of State under subsection (3) of this section by the
date specified for compliance. After the date on which the
Secretary of State imposes the initial civil penalty under this
subsection, the Secretary of State shall impose an additional
civil penalty of $1,000 for each 90-day period during which the
person continues to engage in business without registering under
applicable law. The Secretary of State shall impose a civil
penalty under this paragraph in accordance with ORS 183.745.
  (5) The Secretary of State shall deposit moneys the Secretary
of State collects under subsection (3) or (4) of this section
into the Secretary of State Administration Division Account as
provided in ORS 177.140.
  (6) The Secretary of State by rule shall prescribe a form and
manner in which a person may make a request under subsection (1)
of this section and the form and contents of the notice required
under subsection (3) of this section. + }
  SECTION 3.  { + (1) Section 2 of this 2013 Act becomes
operative 91 days after the effective date of this 2013 Act.
  (2) The Secretary of State may take any action before the
operative date specified in subsection (1) of this section that
is necessary to enable the Secretary of State to exercise, on and
after the operative date specified in subsection (1) of this
section, all of the duties, functions and powers conferred on the
Secretary of State by section 2 of this 2013 Act. + }
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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