71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3850
 
LC 3519/HB 3850-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3850
 
                 By COMMITTEE ON TRANSPORTATION
 
                             May 10
 
  On page 1 of the printed bill, delete lines 4 through 31 and
delete page 2 and insert:   { +  + }
  '  { +  SECTION 1. + }  { + (1) Subject to the provisions of
subsections (2) to (9) of this section, an employer shall
establish a parking cash-out program in which the employer offers
a cash allowance or a transit pass to an employee in lieu of
offering or providing the employee a free or subsidized commuter
parking space for a commuter vehicle.
  ' (2) Nothing in this section requires an employer to establish
a parking cash-out program when the employer does not offer or
provide employees free or subsidized commuter parking spaces.
  ' (3) This section applies only to employers that:
  ' (a) Employ 20 or more employees;
  ' (b) Are located within a city with a population of more than
100,000; and
  ' (c) Provide free or subsidized commuter parking spaces to one
or more employees.
  ' (4) When the employer employs 20 or more employees but fewer
than 50 employees, the employer shall offer the employee:
  ' (a) A transit pass in lieu of offering or providing the
employee a free or subsidized commuter parking space for a
commuter vehicle. If the cost of the transit pass is greater than
the value of the commuter parking space, the employer may limit
the employer's offer to an amount equal to the value of the
commuter parking space; or
  ' (b) A cash allowance as provided in subsection (5)(a) or (b)
of this section.
  ' (5) When the employer employs 50 or more employees:
  ' (a) Except as provided in paragraph (b) of this subsection,
the employer shall offer an employee a cash allowance of $100 per
month in lieu of offering or providing the employee a free or
subsidized commuter parking space for a commuter vehicle.
  ' (b) The employer may offer the employee a cash allowance of
less than $100 per month if the employer establishes that the
value of the free or subsidized commuter parking space is less
than $100 per month. The employer may establish the value of the
commuter parking space in either of the following ways or by
other reasonable means:
  ' (A) When the employer leases the commuter parking space for
market value, separate from the lease for the employer's business
premises, the employer may establish the value of the commuter
parking space by documenting the cost of leasing the commuter
parking space.
  ' (B) When the employer owns the commuter parking space or
leases the commuter parking space as an integral part of the
lease for the employer's business premises, the employer may
establish the value of the commuter parking space by documenting
the cost of leasing a similar parking space within 250 yards of
the employer's business premises.
 
  ' (6) An employer providing a transit pass or a cash allowance
under this section may:
  ' (a) Require the employee to comply with guidelines
established by the employer to avoid neighborhood parking
problems; and
  ' (b) Cancel the employee's eligibility for the transit pass or
cash allowance if the employee does not comply with the
guidelines.
  ' (7) In any city with a population of more than 100,000, a
lease agreement that includes one or more parking spaces and is
entered into on or after the effective date of this 2001 Act
shall permit the lessee to reduce or eliminate, without penalty,
the number of parking spaces subject to the lease.
  ' (8) Notwithstanding any other provision of this section, an
employer that offers or provides employees free or subsidized
commuter parking spaces for commuter vehicles may file with the
city a statement claiming that establishing or maintaining a
parking cash-out program is administratively onerous. Upon
submission of the statement and a $250 fee to the city, the
employer is exempt from the requirements of this section.
  ' (9) This section shall be enforced by each city with a
population of more than 100,000 in the same manner as the city
enforces an ordinance of the city. Violation of subsection (1),
(4), (5) or (7) of this section is punishable by a fine of not
more than $250, to be used by the city to recover the actual cost
of enforcement.
  ' (10) As used in this section:
  ' (a) 'Commuter parking space' means a parking space that is:
  ' (A) Located in an area where parking spaces are regularly
available for lease by the day or the month to the public;
  ' (B)(i) Leased by the employer, separate from the lease for
the employer's business premises, for an employee's use;
  ' (ii) Leased by the employer as an integral part of the lease
for the employer's business premises if the employer has the
right to sublease the parking space to a commuter; or
  ' (iii) Owned by the employer;
  ' (C) Not located in a lot used primarily for business
customers; and
  ' (D) Not provided to an employee for parking a vehicle the
employee regularly uses to perform the employee's job duties.
  ' (b) 'Transit pass' means a transit pass or other instrument
that:
  ' (A) Entitles an individual to transportation on a publicly or
privately owned mass transit system other than a taxi service; or
  ' (B) Is redeemable at a transit pass sales outlet for
transportation on a publicly or privately owned mass transit
system other than a taxi service. + }
  '  { +  SECTION 2. + }  { + Section 1 of this 2001 Act does not
apply to an employer that before January 1, 2002, leases employee
parking:
  ' (1) Until the expiration of the lease; or
  ' (2) Unless the lease permits the employer to reduce, without
penalty, the number of parking spaces subject to the lease. + } '
.
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