Bill Text: OR SB1588 | 2012 | Regular Session | Enrolled

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Bill Title: Relating to exclusion from the definition of employment for certain service performed for certain owner-operator managed entities; and prescribing an effective date.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-04-12 - Effective date, June 4, 2012. [SB1588 Detail]

Download: Oregon-2012-SB1588-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

                            Enrolled

                        Senate Bill 1588

Sponsored by Senator GEORGE (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to exclusion from the definition of employment for
  certain service performed for certain owner-operator managed
  entities; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Section 2 of this 2012 Act is added to and made
a part of ORS 657.043 to 657.094. + }
  SECTION 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) '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) '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

Enrolled Senate Bill 1588 (SB 1588-INTRO)                  Page 1

  (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 3.  { + Section 2 of this 2012 Act applies to service
performed on or after the effective date of this 2012 Act. + }
  SECTION 4.  { + This 2012 Act takes effect on the 91st day
after the date on which the 2012 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + }
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Passed by Senate February 17, 2012

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House February 29, 2012

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 1588 (SB 1588-INTRO)                  Page 2

Received by Governor:

......M.,............., 2012

Approved:

......M.,............., 2012

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2012

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 1588 (SB 1588-INTRO)                  Page 3