Relating to criminal penalties for filing false business registry documents with Secretary of State; creating new provisions; amending ORS 60.992, 63.990 and 65.


 
 
 
     74th OREGON LEGISLATIVE ASSEMBLY--2007 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 936
 
                         Senate Bill 76
 
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.
 
  Extends criminal sanctions for signing false documents for
filing with office of Secretary of State to all business registry
filings. Punishes crime of signing false document for filing by
maximum of one year's imprisonment, $6,250 fine, or both.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to criminal penalties for filing false business registry
  documents with Secretary of State; creating new provisions;
  amending ORS 60.992, 63.990 and 65.990; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 58. + }
  SECTION 2.  { + (1) A person commits the crime of signing a
false document for filing if the person:
  (a) Knows the document is false in any material respect; and
  (b) Signs the document with intent that the document be
delivered to the office of the Secretary of State for filing
under this chapter.
  (2) Signing a false document for filing is a Class A
misdemeanor. + }
  SECTION 3.  { + Section 4 of this 2007 Act is added to and made
a part of ORS chapter 62. + }
  SECTION 4. { +  (1) A person commits the crime of signing a
false document for filing if the person:
  (a) Knows the document is false in any material respect; and
  (b) Signs the document with intent that the document be
delivered to the office of the Secretary of State for filing
under this chapter.
  (2) Signing a false document for filing is a Class A
misdemeanor. + }
  SECTION 5.  { + Section 6 of this 2007 Act is added to and made
a part of ORS chapter 67. + }
  SECTION 6. { +  (1) A person commits the crime of signing a
false document for filing if the person:
  (a) Knows the document is false in any material respect; and
  (b) Signs the document with intent that the document be
delivered to the office of the Secretary of State for filing
under this chapter.
  (2) Signing a false document for filing is a Class A
misdemeanor. + }
  SECTION 7.  { + Section 8 of this 2007 Act is added to and made
a part of ORS chapter 70. + }
  SECTION 8. { +  (1) A person commits the crime of signing a
false document for filing if the person:
  (a) Knows the document is false in any material respect; and
  (b) Signs the document with intent that the document be
delivered to the office of the Secretary of State for filing
under this chapter.
  (2) Signing a false document for filing is a Class A
misdemeanor. + }
  SECTION 9.  { + Section 10 of this 2007 Act is added to and
made a part of ORS 554.005 to 554.340. + }
  SECTION 10. { +  (1) A person commits the crime of signing a
false document for filing if the person:
  (a) Knows the document is false in any material respect; and
  (b) Signs the document with intent that the document be
delivered to the office of the Secretary of State for filing
under ORS 554.005 to 554.340.
  (2) Signing a false document for filing is a Class A
misdemeanor. + }
  SECTION 11.  { + Section 12 of this 2007 Act is added to and
made a part of ORS 128.560 to 128.600. + }
  SECTION 12.  { + (1) A person commits the crime of signing a
false document for filing if the person:
  (a) Knows the document is false in any material respect; and
  (b) Signs the document with intent that the document be
delivered to the office of the Secretary of State for filing
under ORS 128.560 to 128.600.
  (2) Signing a false document for filing is a Class A
misdemeanor. + }
  SECTION 13.  { + Section 14 of this 2007 Act is added to and
made a part of ORS chapter 648. + }
  SECTION 14.  { + (1) A person commits the crime of signing a
false document for filing if the person:
  (a) Knows the document is false in any material respect; and
  (b) Signs the document with intent that the document be
delivered to the office of the Secretary of State for filing
under this chapter.
  (2) Signing a false document for filing is a Class A
misdemeanor.
  (3) Nothing in this section limits or affects any civil penalty
the Secretary of State may impose for violation of a provision of
this chapter or any person's right to seek a remedy otherwise
available under this chapter. + }
  SECTION 15. ORS 60.992 is amended to read:
  60.992. (1) A person commits the crime of   { - falsely - }
signing a  { +  false + } document for filing if the person { + :
  (a) Knows the document is false in any material respect; and
  (b) + } Signs   { - a - }  { +  the + } document   { - knowing
it is false in any material respect - }  with intent that the
document be delivered to the office  { + of the Secretary of
State + } for filing { +  under this chapter + }.
  (2)   { - Falsely - }  Signing a  { + false + } document for
filing is a   { - Class B - }  { +  Class A + } misdemeanor.
  SECTION 16. ORS 63.990 is amended to read:
  63.990. (1) A person commits the crime of   { - falsely - }
signing a  { +  false + } document for filing   { - under this
chapter - }  if the person { + : + }
   { +  (a) Knows the document is false in any material respect;
and + }
 
   { +  (b) + } Signs   { - a - }  { +  the + } document
 { - knowing it is false in any material respect - }  with intent
that the document be delivered to the office  { + of the
Secretary of State + } for filing { +  under this chapter + }.
  (2)   { - Falsely - }  Signing a  { + false + } document for
filing is a   { - Class B - }  { +  Class A + } misdemeanor.
  SECTION 17. ORS 65.990 is amended to read:
  65.990. (1) A person commits the crime of   { - falsely - }
signing a  { +  false + } document for filing if the
person { + : + }
   { +  (a) + }  { + Knows the document is false in any material
respect; and
  (b)  + }Signs   { - a - }  { +  the + } document   { - knowing
it is false in any material respect - }  with intent that the
document be delivered to the   { - Office - }   { + office + } of
the Secretary of State for filing { +  under this chapter + }.
  (2)   { - Violation of subsection (1) of this section is a
Class B - }   { + Signing a false document for filing is a Class
A + } misdemeanor.
  SECTION 18.  { + Sections 2, 4, 6, 8, 10, 12 and 14 of this
2007 Act and the amendments to ORS 60.992, 63.990 and 65.990 by
sections 15, 16 and 17 of this 2007 Act apply to all documents
filed with the office of the Secretary of State on or after the
effective date of this 2007 Act. + }
  SECTION 19. { +  This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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