71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3573
Sponsored by Representative KNOPP (at the request of Farmworker
Housing Interim Task Force)
CHAPTER ................
AN ACT
Relating to farmworkers; creating new provisions; amending ORS
458.620, 654.086, 658.453 and 658.815; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Housing and Community Services Department
shall disburse the moneys credited to the Farmworker Housing
Development Account to expand this state's supply of housing for
low and very low income farmworkers. + }
SECTION 2. ORS 458.620 is amended to read:
458.620. (1) There is created, separate and distinct from the
General Fund of the State Treasury, the Oregon Housing
Fund { + , + } which shall consist of { - two - } { +
three + } separate revolving accounts, the Housing Development
and Guarantee Account { + , + } { - and - } the Emergency
Housing Account { + and the Farmworker Housing Development
Account + }.
(2) All earnings on investment of moneys in the Housing
Development and Guarantee Account shall accrue to that account.
All earnings on investment of moneys in the Emergency Housing
Account shall accrue to that account. { + All earnings on
investment of moneys in the Farmworker Housing Development
Account shall accrue to that account. + }
(3) Moneys in the Housing Development and Guarantee Account are
appropriated continuously to the Housing and Community Services
Department to carry out the provisions of ORS 458.625 and
458.630. Moneys in the Emergency Housing Account are appropriated
continuously to the Housing and Community Services Department to
carry out the provisions of ORS 458.650. { + Moneys in the
Farmworker Housing Development Account are appropriated
continuously to the Housing and Community Services Department to
carry out the provisions of section 1 of this 2001 Act. + }
(4) Moneys deposited in the Oregon Housing Fund pursuant to
subsection (5) of this section shall be credited to the Housing
Development and Guarantee Account.
(5) Individuals and corporations, both for profit or nonprofit,
may make monetary contributions to the Housing Development and
Guarantee Account.
SECTION 3. ORS 458.620, as amended by section 1, chapter 174,
Oregon Laws 1995, is amended to read:
458.620. (1) There is created, separate and distinct from the
General Fund of the State Treasury, the Oregon Housing
Fund { + , + } which shall consist of { - three - } { +
Enrolled House Bill 3573 (HB 3573-A) Page 1
four + } separate revolving accounts, the Housing Development and
Guarantee Account, the Emergency Housing Account { + , + }
{ - and - } the Home Ownership Assistance Account { + and the
Farmworker Housing Development Account + }.
(2) All earnings on investment of moneys in the Housing
Development and Guarantee Account shall accrue to that account.
All earnings on investment of moneys in the Emergency Housing
Account shall accrue to that account. All earnings on investment
of moneys in the Home Ownership Assistance Account shall accrue
to that account. { + All earnings on investment of moneys in the
Farmworker Housing Development Account shall accrue to that
account. + }
(3)(a) Moneys in the Housing Development and Guarantee Account
are appropriated continuously to the Housing and Community
Services Department to carry out the provisions of ORS 458.625
and 458.630.
(b) Moneys in the Emergency Housing Account are appropriated
continuously to the Housing and Community Services Department to
carry out the provisions of ORS 458.650.
(c) Moneys in the Home Ownership Assistance Account are
appropriated continuously to the Housing and Community Services
Department to carry out the provisions of section 3, chapter 174,
Oregon Laws 1995.
{ + (d) Moneys in the Farmworker Housing Development Account
are appropriated continuously to the Housing and Community
Services Department to carry out the provisions of section 1 of
this 2001 Act. + }
(4) Moneys deposited in the Oregon Housing Fund pursuant to
subsection (5) of this section shall be credited to the Housing
Development and Guarantee Account.
(5) Individuals and corporations, both for profit or nonprofit,
may make monetary contributions to the Housing Development and
Guarantee Account.
SECTION 4. ORS 654.086 is amended to read:
654.086. (1) The Director of the Department of Consumer and
Business Services or the authorized representative of the
director is hereby granted the authority to assess civil
penalties as provided by this section for violation of the
requirements of any state occupational safety or health statute
or the lawful rules, standards or orders adopted thereunder as
follows:
(a) Any employer who receives a citation for a serious
violation of such requirements shall be assessed a civil penalty
of not less than $50 and not more than $7,000 for each such
violation.
(b) Any employer who receives a citation for a violation of
such requirements, and such violation is specifically determined
not to be of a serious nature, may be assessed a civil penalty of
not more than $7,000 for each such violation.
(c) Any employer who willfully or repeatedly violates such
requirements may be assessed a civil penalty of not more than
$70,000 for each violation, but not less than $5,000 for a
willful violation.
(d) Any employer who receives a citation, as provided in ORS
654.071 (4), for failure to correct a violation may be assessed a
civil penalty of not more than $7,000 for each day during which
such failure or violation continues.
(e) Any employer who knowingly makes any false statement,
representation or certification regarding the correction of a
Enrolled House Bill 3573 (HB 3573-A) Page 2
violation shall be assessed a civil penalty of not less than $100
and not more than $2,500.
(f) Any employer who violates any of the posting requirements,
as prescribed under the provisions of ORS 654.001 to 654.295 and
654.750 to 654.780, may be assessed a civil penalty of not more
than $1,000 for each violation.
(g) Any person who violates the provisions of ORS 654.082 (2)
or (3) shall be assessed a civil penalty of not less than $100
and not more than $5,000 for each such violation.
(h) Notwithstanding paragraph (b) of this subsection, an
employer who substantially fails to comply with ORS 654.174 (1)
shall be assessed a civil penalty of not less than $250 and not
more than $2,500 for each such violation.
(i) Any insurer or self-insured employer who violates any
provision of ORS 654.097, or any rule or order carrying out ORS
654.097, shall be assessed a civil penalty of not more than
$2,000 for each violation or $10,000 in the aggregate for all
violations within any three-month period. Each violation, or each
day a violation continues, shall be considered a separate
offense.
(2) For the purposes of ORS 654.001 to 654.295 and 654.750 to
654.780 a serious violation exists in a place of employment if
there is a substantial probability that death or serious physical
harm could result from a condition which exists, or from one or
more practices, means, methods, operations or processes which
have been adopted or are in use, in such place of employment
unless the employer did not, and could not with the exercise of
reasonable diligence, know of the presence of the violation.
(3) When an order assessing a civil penalty becomes final by
operation of law or on appeal, unless the amount of penalty is
paid within 10 days after the order becomes final, it constitutes
a judgment and may be recorded with the county clerk in any
county of this state. The clerk shall thereupon record the name
of the person incurring the penalty and the amount of the penalty
in the County Clerk Lien Record. The penalty provided in the
order so recorded shall become a lien upon the title to any
interest in property owned by the person against whom the order
is entered, and execution may be issued upon the order in the
same manner as execution upon a judgment of a court of record.
(4) { + Except as provided in subsection (5) of this
section, + } civil penalties collected under ORS 654.001 to
654.295 and 654.750 to 654.780 shall be paid into the Consumer
and Business Services Fund.
{ + (5) Civil penalties assessed under this section for a
violation of ORS 658.750 shall be credited to the Farmworker
Housing Development Account of the Oregon Housing Fund. + }
SECTION 5. ORS 658.453 is amended to read:
658.453. (1) In addition to any other penalty provided by law,
the Commissioner of the Bureau of Labor and Industries may assess
a civil penalty not to exceed $2,000 for each violation by:
(a) A farm labor contractor who, without the license required
by ORS 658.405 to 658.503, recruits, solicits, supplies or
employs a worker.
(b) A farm labor contractor who fails to comply with ORS
658.415 (15).
(c) A farm labor contractor who fails to comply with ORS
658.440 (1), (2)(c) or (3).
(d) Any person who violates ORS 658.452.
(e) A farm labor contractor who fails to comply with ORS
658.417 (1), (3) or (4).
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(f) Any person who uses an unlicensed farm labor contractor
without complying with ORS 658.437.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(3) All penalties recovered under this section shall be paid
into the State Treasury and credited to the { - Housing
Development Account of the Housing and Community Services
Department for the purpose of providing technical assistance for
development of farmworker housing - } { + Farmworker Housing
Development Account of the Oregon Housing Fund + }.
(4) After filing a complaint with the Commissioner of the
Bureau of Labor and Industries, in addition to any other penalty
provided by law, a worker has a right of action against a farm
labor contractor who violates subsection (1)(c), (d) or (e) of
this section or ORS 658.440 (2)(a) or (b) without exhausting any
alternative administrative remedies. { - No such - } { +
The + } action may { + not + } be commenced later than two years
after the date of the violation giving rise to the right of
action. The amount of damages recoverable for each violation
under this subsection is actual damages or $1,000, whichever
amount is greater. In any such action the court may award to the
prevailing party, in addition to costs and disbursements,
reasonable attorney fees at trial and appeal.
SECTION 6. ORS 658.815 is amended to read:
658.815. { + (1) All farmworker camp indorsement fees received
by the Commissioner of the Bureau of Labor and Industries under
ORS 658.810 shall be credited to the Bureau of Labor and
Industries Account. Notwithstanding ORS 651.160 (1) and 658.413
(4), moneys credited to the account under this subsection are
continuously appropriated for the enforcement of ORS 658.715 to
658.850.
(2) Moneys collected from civil penalties imposed by the
commissioner pursuant to ORS 658.850 for violations of ORS
658.750 shall be credited to the Farmworker Housing Development
Account of the Oregon Housing Fund.
(3) Except as provided in subsection (2) of this section, + }
all moneys other than fees described in ORS 658.413 received by
the commissioner under ORS 658.715 to 658.850 shall be credited
to the General Fund.
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Passed by House May 1, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 16, 2001
...........................................................
President of Senate
Enrolled House Bill 3573 (HB 3573-A) Page 4
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3573 (HB 3573-A) Page 5