Bill Text: OR HB3472 | 2011 | Regular Session | Introduced
Bill Title: Relating to business license passports.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3472 Detail]
Download: Oregon-2011-HB3472-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3721
House Bill 3472
Sponsored by Representative BREWER (at the request of Aaron Van
Fleet)
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.
Authorizes issuance of business license passports by Department
of Consumer and Business Services to persons conducting de
minimis business in cities in state.
Becomes operative July 1, 2012.
A BILL FOR AN ACT
Relating to business license passports.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + It is the intent of the Legislative Assembly to
reduce the number of city business licenses that persons who
conduct de minimis business in multiple cities in this state are
required to obtain in order to conduct business in those cities.
The purpose of this section and section 2 of this 2011 Act is to
enable persons who conduct de minimis business in multiple cities
in this state to secure from the Department of Consumer and
Business Services one business license passport that will permit
the conduct of de minimis business in multiple cities in which
the person does not have a principal place of business. + }
SECTION 2. { + (1) For purposes of this section:
(a) 'Business license fee' means any tax or fee paid by a
person to a city for any form of license that is required by the
city in order to conduct business in that city.
(b) 'Conduct business' means to engage in any activity in
pursuit of gain, including activities carried on by a person
through officers, agents and employees as well as activities
carried on by a person on that person's own behalf.
(c) 'Conduct de minimis business' means to conduct business in
a city of this state that derives gross receipts of $15,000 or
less during a calendar year.
(d) 'Person' means an individual, corporation, partnership,
association, joint venture or any other business or commercial
entity, but does not include the state or other government or
political subdivision or agency.
(e) 'Principal place of business' means the location in this
state of the central administrative office of a person conducting
business or conducting de minimis business in this state.
(2) A person who conducts de minimis business during any
calendar year in any city in this state, other than a city to
which the person has paid a business license fee for that year to
conduct business that is other than de minimis business, may
apply for a business license passport from the Department of
Consumer and Business Services. The Director of the Department of
Consumer and Business Services by rule shall determine the manner
in which a person must apply and the form and contents of an
application for a business license passport.
(3) The department shall issue a business license passport to a
person when:
(a) The person presents proof that the person will not conduct
other than de minimis business in a city in this state for which
the passport is issued;
(b) The person presents proof that the person's principal place
of business is other than a city for which the passport is
issued; and
(c) The person pays a nonrefundable fee to the department. The
fee charged under this paragraph must be twice the average
business license fee charged by cities in this state plus an
amount that is sufficient to reimburse the department for the
administrative expenses of the department incurred in carrying
out its duties under this section.
(4) The department shall distribute the business license
passport fees collected by the department under this section,
less administrative expenses, to the cities that are encompassed
in the passports issued under this section and that collect a
business license tax or fee. Distribution of moneys under this
subsection must be made at least once in each year.
(5) A city shall waive payment of a business license fee by a
person who only conducts de minimis business in the city upon
presentation of proof that the person has been issued a business
license passport under subsection (2) of this section.
(6) A city that imposes a business license fee based on or
measured by adjusted net income earned by conducting business
within the city shall be exempt from the provisions of this
section.
(7) If, at the end of the year for which a business license
passport was issued under this section, the department determines
that the person to whom the passport was issued conducted other
than de minimis business in a city for which the passport was
issued, the department shall invalidate that portion of the
passport that applies to that city, and that city is authorized
to retroactively charge the person for any business license fee
the city would have charged the person to conduct business in
that city during that year. + }
SECTION 3. { + (1) Section 2 of this 2011 Act becomes
operative on July 1, 2012.
(2) The Department of Consumer and Business Services may adopt
rules or take any action before the operative date specified in
subsection (1) of this section that is necessary for the
department to exercise, on and after the operative date specified
in subsection (1) of this section, all of the duties, functions
and powers conferred on the department by section 2 of this 2011
Act. + }
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