Bill Text: OR HB3532 | 2011 | Regular Session | Introduced

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Bill Title: Relating to small business employers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3532 Detail]

Download: Oregon-2011-HB3532-Introduced.html

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     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 3730

                         House Bill 3532

Sponsored by Representative MCLANE (at the request of Greg
  Lambert)

                             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.

  Allows worker leasing companies and temporary service providers
to apply for loan or grant from Building Opportunities for Oregon
Small Business Today (BOOST) Account.

                        A BILL FOR AN ACT
Relating to small business employers; creating new provisions;
  and amending section 2, chapter 93, Oregon Laws 2010.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 2, chapter 93, Oregon Laws 2010, is amended
to read:
   { +  Sec. 2. + } (1) As used in this section and section
3 { + , chapter 93, Oregon Laws 2010 + }   { - of this 2010
Act - } :
  (a) 'BOOST Account' means the Building Opportunities for Oregon
Small Business Today Account established under section 3 { + ,
chapter 93, Oregon Laws 2010 + }   { - of this 2010 Act - } .
  (b) 'Comparable wages' means wages that are reasonably
equivalent to wages paid to other employees of a small business
employer regardless of position.
   { +  (c) 'Employee' includes a person employed by a small
business employer and includes workers provided by a worker
leasing company or temporary service provider, both as defined in
ORS 656.850. + }
    { - (c) - }  { +  (d) + } 'Full-time' means a minimum of 35
hours per week or 25 hours per week with health benefit plan
coverage.
    { - (d) - }  { +  (e) + } 'Health benefit plan' has the
meaning given that term in ORS 743.730.
    { - (e) - }  { +  (f) + } 'Small business employer'
means { + :
  (A) + } A business having 100 or fewer employees in a traded
sector industry  { - . - }  { + ;
  (B) A worker leasing company as defined in ORS 656.850 that is
licensed by the Director of the Department of Consumer and
Business Services and that has fewer than 100 workers available
to work for clients; and
  (C) A temporary service provider as defined in ORS 656.850 that
has fewer than 100 workers available to work for clients. + }
    { - (f) - }  { +  (g) + } 'Wages' means all compensation for
performance of personal services by an employee for a small
business employer, including salaries, commissions, benefits, the
cash value of all compensation paid in any medium other than cash
and any other form of remuneration paid to employees for personal
services.
  (2) Any small business employer may file with the Oregon
Business Development Department an application to borrow money,
or an application for a grant of financial assistance, from the
BOOST Account for industry development purposes as defined by
rule of the department. The application shall be filed in the
manner and be accompanied by such information as the department
may prescribe by rule.
  (3) The department may approve an application for a loan or
grant under this section if, after investigation, the department
finds that:
  (a) The applicant demonstrates a reasonable capacity to
increase employment opportunities in this state or, in the case
of a loan, demonstrates a reasonable capacity to retain existing
jobs in this state.
  (b) The applicant has established goals of creating new
full-time jobs in Oregon or, in the case of a loan, has
established goals of retaining existing jobs in Oregon, with a
reasonable prospect of achieving such goals.
  (c) The applicant has a demonstrated history of providing
comparable wages to its employees.
  (d) In the case of a loan, the applicant can provide good and
sufficient collateral for the loan.
  (e) Moneys are or will be available in the BOOST Account.
  (4)(a) Following the department's approval of an application
under subsection (3) of this section, the department may:
  (A) Enter into a loan contract with the applicant of not more
than $150,000, secured by good and sufficient collateral, with a
plan for repayment not to exceed four years. The contract entered
into under this subparagraph shall contain a repayment plan that
includes the amount of interest to be charged and information
about appropriate legal remedies the department may pursue to
secure repayment upon the applicant's default or failure to
comply with the contract, including withholding of any amounts
otherwise due. The department shall develop rules governing
repayment of loans under this subparagraph and the collection of
moneys owed to the BOOST Account. The department may take any
action permitted by statute or rule that the department deems
necessary to secure the repayment of the loan.
  (B) Make grants not to exceed $2,500 per new full-time job
established by the applicant after the date of approval of its
application. A grant may not be made under this subparagraph
unless the new full-time employee has been unemployed for at
least 60 days preceding the date of hire and the new full-time
job is held by the employee for a minimum period of six
consecutive months. The total sum of moneys paid under this
subparagraph may not exceed $50,000 per applicant in any calendar
year. Grants made under this subparagraph shall be paid in the
quarter following receipt by the department of a report from the
applicant that provides information about new full-time jobs
established by the applicant and upon verification of employment
in a manner to be established by the department by rule.
  (b) In entering into loan contracts under paragraph (a)(A) of
this subsection, the department shall give preference to an
applicant that proposes to create new full-time jobs.
  SECTION 2.  { + The amendments to section 2, chapter 93, Oregon
Laws 2010, by section 1 of this 2011 Act apply to loans and
grants made from the Building Opportunities for Oregon Small
Business Today Account on or after the effective date of this
2011 Act. + }
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