HB 2191 — Relating to business entities; and declaring an emergency.
Last action — Chapter 705, (2017 Laws): Effective date August 15, 2017.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 09, 2017. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Authorizes Secretary of State to investigate alleged or potential violations of business entity statutes and to require business entity to provide list of shareholders and respond to interrogatories. Permits Secretary of State to impose penalties, cancel or revoke incorporation or dissolve business entity that violates statutes or fails to cooperate with investigation. Permits Department of Revenue to recommend dissolution of business entity that fails to comply with tax laws of state, but not if department has allowed appeal of business entity's tax liability or if appeal is pending. Subjects directors, officers, employees, members and managers of shell entity to claim for damages from person that suffers ascertainable loss of money or property resulting from knowing dissemination of materially false statement concerning certain aspects of shell entity's finances and operations. Specifies information concerning street address of business entity and name and address of director, controlling shareholder, member or manager that must appear in articles of incorporation or articles of organization for business entity. Permits court to dissolve business entity that court finds was shell entity that was used, incorporated or organized for illegal purpose, to defraud or deceive another person or to conceal business activity from another person or governmental agency. Permits Attorney General to bring action for dissolution and specifies elements of prima facie showing. Specifies effects of finding that business entity is shell entity. Specifies that principal office of business entity incorporated or organized in this state or authorized to transact business in this state must have physical street address that may not be commercial mail receiving agency, mail forwarding business or virtual office. Permits department to disclose certain information from taxpayer return to Secretary of State for purposes of initiating or supporting recommendation for administrative dissolution of business entity that fails to comply with applicable tax laws of state. Becomes operative January 1, 2018. Declares emergency, effective July 1, 2017.
Bill Text
We don't have the full text on file for this bill yet.
Read HB 2191 on the official Oregon source →Action History
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Chapter 705, (2017 Laws): Effective date August 15, 2017.
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Governor signed.
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President signed.
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Speaker signed.
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Rules suspended. House concurred in Senate amendments and repassed bill.
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Rules suspended. Third reading. Carried by DeBoer. Passed.
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Rules suspended. Second reading.
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Recommendation: Do pass with amendments to the B-Eng. bill to resolve conflicts. (Printed C-Eng.) (Amendments distributed.)
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Work Session held.
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Referred to Ways and Means.
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First reading. Referred to President's desk.
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Rules suspended. Third reading. Carried by Holvey. Passed.
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Second reading.
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Recommendation: Do pass with amendments and be printed B-Engrossed.
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Work Session held.
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Public Hearing and Work Session held.
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Returned to Full Committee.
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Public Hearing held.
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Assigned to Subcommittee On General Government.
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Referred to Ways and Means by prior reference.
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Recommendation: Do pass with amendments, be printed A-Engrossed, and be referred to Ways and Means by prior reference.
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Work Session held.
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Public Hearing held.
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Public Hearing held.
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Referred to Business and Labor with subsequent referral to Ways and Means.
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First reading. Referred to Speaker's desk.
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 90 not signed on · 11 voted No
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (90)
90 members have not signed on to this bill.
Show all 90 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 23 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (23)
| Member | Party | Vote |
|---|---|---|
| John Huffman | — | Yea |
| Alan DeBoer | — | Yea |
| Arnie Roblan | — | Yea |
| Barbara Smith Warner | — | Yea |
| Betsy Johnson | — | Yea |
| Bill Hansell | — | Yea |
| Chuck Thomsen | — | Yea |
| Dan Rayfield | — | Yea |
| Duane Stark | — | Yea |
| Elizabeth Steiner Hayward | — | Yea |
| Gene Whisnant | — | Yea |
| Jackie Winters | — | Yea |
| Jennifer Williamson | — | Yea |
| Paul Holvey | — | Yea |
| Richard Devlin | — | Yea |
| Rod Monroe | — | Yea |
| David Gomberg | Democrat | Yea |
| James Manning Jr. | Democrat | Yea |
| Lew Frederick | Democrat | Yea |
| Nancy Nathanson | Democrat | Yea |
| Sue Rieke Smith | Democrat | Yea |
| Fred Girod | Republican | Yea |
| Mike McLane | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 0 | 0 | 1 |
| Democrat | 4 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Alan DeBoer | — | Yea |
| Alan Olsen | — | Yea |
| Arnie Roblan | — | Yea |
| Betsy Johnson | — | Yea |
| Bill Hansell | — | Yea |
| Brian Boquist | — | Yea |
| Chuck Riley | — | Yea |
| Chuck Thomsen | — | Yea |
| Dennis Linthicum | — | Not Voting |
| Elizabeth Steiner Hayward | — | Yea |
| Ginny Burdick | — | Yea |
| Herman Baertschiger Jr. | — | Yea |
| Jackie Winters | — | Yea |
| Jeff Kruse | — | Yea |
| Laurie Monnes Anderson | — | Yea |
| Lee Beyer | — | Yea |
| Mark Hass | — | Yea |
| Michael Dembrow | — | Yea |
| Peter Courtney | — | Yea |
| Richard Devlin | — | Yea |
| Rod Monroe | — | Yea |
| Sara Gelser | — | Yea |
| Ted Ferrioli | — | Yea |
| Tim Knopp | — | Yea |
| Floyd Prozanski | Democrat | Yea |
| James Manning Jr. | Democrat | Yea |
| Kathleen Taylor | Democrat | Yea |
| Lew Frederick | Democrat | Yea |
| Fred Girod | Republican | Yea |
| Kim Thatcher | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 1 |
| Democrat | 14 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 2 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (60)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 9 | 0 | 1 |
| Republican | 3 | 2 | 0 | 0 |
| Democrat | 14 | 0 | 0 | 0 |
| Total | 48 | 11 | 0 | 1 |
| % of votes cast | 80% | 18% | 0% | 2% |
How each member voted (60)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 1 |
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 1 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (23)
| Member | Party | Vote |
|---|---|---|
| John Huffman | — | Yea |
| Alan DeBoer | — | Yea |
| Arnie Roblan | — | Yea |
| Barbara Smith Warner | — | Yea |
| Betsy Johnson | — | Yea |
| Bill Hansell | — | Yea |
| Chuck Thomsen | — | Yea |
| Dan Rayfield | — | Yea |
| Duane Stark | — | Yea |
| Elizabeth Steiner Hayward | — | Yea |
| Gene Whisnant | — | Yea |
| Jackie Winters | — | Yea |
| Jennifer Williamson | — | Not Voting |
| Paul Holvey | — | Yea |
| Richard Devlin | — | Yea |
| Rod Monroe | — | Yea |
| David Gomberg | Democrat | Yea |
| James Manning Jr. | Democrat | Yea |
| Lew Frederick | Democrat | Yea |
| Nancy Nathanson | Democrat | Yea |
| Sue Rieke Smith | Democrat | Yea |
| Fred Girod | Republican | Yea |
| Mike McLane | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Bill Kennemer | — | Yea |
| Dallas Heard | — | Yea |
| Greg Barreto | — | Yea |
| Janelle Bynum | — | Yea |
| Jodi Hack | — | Yea |
| Margaret Doherty | — | Yea |
| Paul Holvey | — | Yea |
| Julie Fahey | Democrat | Yea |
| Paul Evans | Democrat | Yea |
Subjects
Frequently asked questions
- What does HB 2191 do?
- Authorizes Secretary of State to investigate alleged or potential violations of business entity statutes and to require business entity to provide list of shareholders and respond to interrogatories. Permits Secretary of State to impose penalties, cancel or revoke incorporation or dissolve business entity that violates statutes or fails to cooperate with investigation. Permits Department of Revenue to recommend dissolution of business entity that fails to comply with tax laws of state, but not if department has allowed appeal of business entity's tax liability or if appeal is pending. Subjects directors, officers, employees, members and managers of shell entity to claim for damages from person that suffers ascertainable loss of money or property resulting from knowing dissemination of materially false statement concerning certain aspects of shell entity's finances and operations. Specifies information concerning street address of business entity and name and address of director, controlling shareholder, member or manager that must appear in articles of incorporation or articles of organization for business entity. Permits court to dissolve business entity that court finds was shell entity that was used, incorporated or organized for illegal purpose, to defraud or deceive another person or to conceal business activity from another person or governmental agency. Permits Attorney General to bring action for dissolution and specifies elements of prima facie showing. Specifies effects of finding that business entity is shell entity. Specifies that principal office of business entity incorporated or organized in this state or authorized to transact business in this state must have physical street address that may not be commercial mail receiving agency, mail forwarding business or virtual office. Permits department to disclose certain information from taxpayer return to Secretary of State for purposes of initiating or supporting recommendation for administrative dissolution of business entity that fails to comply with applicable tax laws of state. Becomes operative January 1, 2018. Declares emergency, effective July 1, 2017.
- What is the current status of HB 2191?
- This bill has been enacted into law. Introduced January 09, 2017. Enacted.
- Where can I track HB 2191?
- Track HB 2191 free on One Click Politics — get push/email alerts when it moves.
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