Bill Text: OR HB2529 | 2013 | Regular Session | Introduced

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Bill Title: Relating to exclusion from the definition of employment; prescribing an effective date.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2529 Detail]

Download: Oregon-2013-HB2529-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 2328

                         House Bill 2529

Sponsored by Representative HOLVEY (at the request of Oregon
  AFL-CIO) (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.

  For purposes of unemployment insurance benefits, includes in
definition of 'employment' service performed by leaseholder in
operation of passenger motor vehicle operated as taxicab or
operated for nonemergency medical transportation.
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to exclusion from the definition of employment; creating
  new provisions; amending section 2, chapter 109, Oregon Laws
  2012; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 2, chapter 109, Oregon Laws 2012, is amended
to read:
   { +  Sec. 2. + } (1) As used in this chapter, 'employment'
does not include service performed in the operation of a
passenger motor vehicle that is operated as a taxicab or a
passenger motor vehicle that is operated for nonemergency medical
transportation, by a person who has an ownership   { - or
leasehold - }  interest in the passenger motor vehicle, for an
entity that is operated by a board of owner-operators elected by
the members of the entity.
  (2) As used in this section:
    { - (a) 'Leasehold' has the meaning given that term in ORS
656.027 (28). - }
    { - (b) - }   { + (a) + } 'Passenger motor vehicle that is
operated as a taxicab' means a vehicle that:
  (A) Has a passenger seating capacity of at least three persons
and not more than seven persons;
  (B) On a route that begins or ends in Oregon, is used primarily
to transport persons;
  (C)(i) Carries passengers for hire when the destination and
route traveled may be controlled by a passenger and the fare is
calculated on the basis of any combination of an initial fee,
distance traveled or waiting time; or
  (ii) Is in use under a contract to provide specific service to
a third party to transport designated passengers to locations
selected by the third party; and
  (D) Is not used more than secondarily or incidentally for
errand services or to transport property, instead of or in
addition to transporting passengers.
    { - (c) - }   { + (b) + } 'Passenger motor vehicle that is
operated for nonemergency medical transportation' means a vehicle
that:
  (A) Has a passenger seating capacity of at least three persons
and not more than seven persons;
  (B) On a route that begins or ends in Oregon, is used primarily
to transport persons;
  (C) Provides medical transportation services under contract
with or on behalf of a mass transit or transportation district;
and
  (D) Is not used more than secondarily or incidentally for
errand services or to transport property, instead of or in
addition to transporting passengers.
  (3) The provisions of this section do not apply to service
performed for:
  (a) A nonprofit employing unit;
  (b) This state;
  (c) A political subdivision of this state; or
  (d) An Indian tribe.
  SECTION 2.  { + The amendments to section 2, chapter 109,
Oregon Laws 2012, by section 1 of this 2013 Act apply to service
performed on or after the effective date of this 2013 Act. + }
  SECTION 3.  { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
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