75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SMRA to A-Eng. HB 2201
 
LC 342/HB 2201-AMR3
 
                     SENATE MINORITY REPORT
                          AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2201
 
                            April 17
 
President Courtney:
  A minority of your Committee on Commerce and Workforce
Development, to whom was referred A-engrossed House Bill 2201,
having had the same under consideration, respectfully reports it
back with the recommendation that it do pass with the following
amendments:
 
  On page 2 of the printed A-engrossed bill, line 2, after the
period delete the rest of the line and delete line 3.
  In line 4, after 'section' delete the rest of the line and
delete lines 5 through 7 and insert 'applies to each person:
  ' (a) Who is:
  ' (A) An officer or employee of a corporation;
  ' (B) A member or employee of a limited liability company; or
  ' (C) A partner in or employee of a limited liability
partnership; and
  ' (b) Who is:
  ' (A) Other than an employee, a responsible party as described
in subsection (3) of this section who has been convicted of a
crime in connection with the default described in subsection (1)
of this section; or
  ' (B) An employee who is a responsible party as described in
subsection (3) of this section who has been convicted of theft in
connection with the default described in subsection (1) of this
section.
  ' (3) A responsible party is a person who, in connection with
the employer's business, including the default described in
subsection (1) of this section:
  ' (a) Managed debt;
  ' (b) Made or participated in making fiscal decisions;
  ' (c) Directed day-to-day business operations;
  ' (d) Signed checks;
  ' (e) Prepared and signed tax returns; or
  ' (f) Is a principal recorded on documents filed with the
office of the Secretary of State.
  ' (4) Each person described in subsection (2) of this section
is jointly and severally liable for amounts assessed under this
section.'.
  In line 8, delete '(3)' and insert '(5)'.
  In line 9, delete 'the person' and insert 'each person'.
  In line 11, delete '(4)' and insert '(6)' and delete ' the
person' and insert 'a person'.
  In line 13, delete '(5)' and insert '(7)'.
 
                         /sChris Telfer
                           Senator
 
                         /sLarry George
                           Senator
                         ----------