74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         House Bill 2223
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Consumer and Business Services)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to coverage of successor employers by Oregon Safe
  Employment Act; creating new provisions; amending ORS 654.005;
  and declaring an emergency.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 654.005 is amended to read:
  654.005. As used in this chapter, unless the context requires
otherwise:
  (1) 'Board' means the Workers' Compensation Board created by
ORS 656.712.
  (2) 'Department' means the Department of Consumer and Business
Services.
  (3) 'Director' means the Director of the Department of Consumer
and Business Services.
  (4) 'Employee'   { - means - }   { + includes:
  (a) + } Any individual, including a minor whether lawfully or
unlawfully employed, who engages to furnish services for a
remuneration, financial or otherwise, subject to the direction
and control of an employer  { - , and includes - }  { + .
  (b) + } Salaried, elected and appointed officials of the state,
state agencies, counties, cities, school districts and other
public corporations  { - , or - }  { + .
  (c) + } Any individual who is provided with workers'
compensation coverage as a subject worker pursuant to ORS chapter
656, whether by operation of law or by election.
  (5) 'Employer'   { - means - }   { + includes:
  (a) + } Any person who has one or more employees  { - , or - }
 { + .
  (b) + } Any sole proprietor or member of a partnership who
elects workers' compensation coverage as a subject worker
pursuant to ORS 656.128.
   { +  (c) Any successor or assignee of an employer. As used in
this paragraph, 'successor' means a business or enterprise that
is substantially the same entity as the predecessor employer
according to criteria adopted by the department by rule. + }
  (6) 'Owner' means   { - and includes - }  every person having
ownership, control or custody of any place of employment or of
the construction, repair or maintenance of any place of
employment.
  (7) 'Person' means one or more individuals, legal
representatives, partnerships, joint ventures, associations,
 
 
Enrolled House Bill 2223 (HB 2223-B)                       Page 1
 
 
 
corporations (whether or not organized for profit), business
trusts,   { - or - }  any organized group of persons,   { - and
includes - }  the state, state agencies, counties, municipal
corporations, school districts and other public corporations or
subdivisions.
  (8) { + (a) + } 'Place of employment'   { - means and - }
includes { + :
  (A) + } Every place, whether fixed or movable or moving,
whether indoors or out or underground, and the premises and
structures appurtenant thereto, where either temporarily or
permanently an employee works or is intended to work { + ;
 + }and
   { +  (B) + } Every place where there is carried on any
process, operation or activity related, either directly or
indirectly, to an employer's industry, trade, business or
occupation, including a labor camp, wherever located, provided by
an employer for employees or by another person engaged in
providing living quarters or shelters for employees.
   { +  (b) + } 'Place of employment' does not include:
    { - (a) - }   { + (A) + } Any place where the only employment
involves nonsubject workers employed in or about a private home;
and
    { - (b) - }   { + (B) + } Any corporate farm where the only
employment involves the farm's family members, including parents,
spouses, sisters, brothers, daughters, sons, daughters-in-law,
sons-in-law, nieces, nephews or grandchildren.
  SECTION 2.  { + The amendments to ORS 654.005 by section 1 of
this 2007 Act apply to successors created or assignments made on
or after the effective date of this 2007 Act. + }
  SECTION 3.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
                         ----------
 
 
Passed by House April 2, 2007
 
Repassed by House June 4, 2007
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 31, 2007
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2223 (HB 2223-B)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2223 (HB 2223-B)                       Page 3