Relating to violations of a requirement to register assumed business names; prescribing an effective date.
Impact
If passed, HB 2053 will amend existing statutes concerning business registrations and compliance measures. The potential impact includes increased accountability for businesses operating under assumed names and the establishment of a clear legal framework for enforcing registration requirements. The bill grants the Secretary of State authority to investigate complaints about violations and impose civil penalties of up to $100 per day for ongoing infringements. Moreover, the proceeds from these penalties will be directed to support the Office of Small Business Assistance, specifically aiding businesses owned and operated by veterans.
Summary
House Bill 2053 aims to enhance compliance in business registrations by stipulating that any person conducting business under an assumed name without proper registration will lack standing in Oregon courts to maintain actions related to that business. The bill emphasizes the necessity of proper business name registration as dictated by ORS 648.007 and provides for the dismissal of such actions without prejudice until the registration issue is resolved. In addition to underscoring registration's importance, this bill seeks to deter non-compliance through imposed civil penalties for violations.
Sentiment
The sentiment surrounding HB 2053 appears to be predominantly supportive among lawmakers focusing on business regulation and compliance. There is a general expectation that such measures will lead to greater adherence to business registration norms, thus promoting fair competition and protecting consumers. However, there may be potential concerns raised by some business owners regarding the implications of the penalties and the bureaucratic hurdles added for small businesses due to stringent compliance measures. Overall, the discussion has facilitated a dialogue about balancing regulation with the interests of small businesses.
Contention
Some points of contention may arise regarding the feasibility of compliance, particularly for small businesses that may struggle to navigate the registration process and the associated regulations. Critics could argue that the financial penalties, while meant to encourage compliance, could disproportionately affect small enterprises, potentially stifling their growth. Additionally, there may be calls for provisions that allow for greater flexibility or assistance to those who inadvertently operate under unregistered names. The balance between enforcing state requirements and supporting local business integrity remains a critical aspect of the discussions surrounding this bill.
Reforms the organizational structure for the Department of Transportation and Development including its duties, powers, and responsibilities of officers and employees (EN INCREASE SD EX See Note)