Relating to compliance with laws relating to the conduct of business; creating new provisions; amending ORS 56.


 
 
 
     75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2815
 
LC 1700/HB 2815-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2815
 
               By COMMITTEE ON CONSUMER PROTECTION
 
                            April 10
 
  On page 1 of the printed bill, delete lines 6 through 24 and
delete page 2 and insert:
  '  { +  SECTION 1. + }  { + (1) There is established an
Interagency Compliance Network consisting of:
  ' (a) The Department of Justice;
  ' (b) The Department of Revenue;
  ' (c) The Employment Department;
  ' (d) The Department of Consumer and Business Services;
  ' (e) The Bureau of Labor and Industries;
  ' (f) The Construction Contractors Board;
  ' (g) The State Landscape Contractors Board; and
  ' (h) Other state agencies that enter into the
intergovernmental agreement as described in subsection (3) of
this section.
  ' (2) The Interagency Compliance Network established under this
section shall:
  ' (a) Work to establish consistency in agency determinations
relating to the classification of workers, including but not
limited to classification of workers as independent contractors;
  ' (b) Gather and share information relating to persons who pay
workers in cash and who do not comply with laws relating to
taxation and employment;
  ' (c) Gather and share information relating to the
misclassification of workers, including but not limited to
misclassification as independent contractors;
  ' (d) Develop investigative methods for auditing persons who
pay workers in cash, or who misclassify workers, and who do not
comply with laws relating to taxation and employment;
  ' (e) Conduct joint audits of persons who pay workers in cash,
or who misclassify workers, and who do not comply with laws
relating to taxation and employment;
  ' (f) Identify opportunities for and obstacles to improving
compliance with the laws relating to the classification of
workers, taxation and employment;
  ' (g) Create a coordinated enforcement process for the laws
relating to classification of workers that is efficient, fair and
effective for the public and the regulatory agencies charged with
enforcing laws relating to taxation and employment;
  ' (h) Engage in public outreach efforts to educate the public
generally on the distinctions between independent contractors and
employees and on the laws and regulations governing the duties
relating to classification of workers; and
  ' (i) Take such other action as the member agencies deem
appropriate to improve compliance with laws relating to taxation
and employment that are administered by the member agencies.
  ' (3) The agencies identified in subsection (1)(a) to (g) of
this section shall enter into an intergovernmental agreement for
the purpose of coordinating the efforts of the agencies under
this section. Any other agency of state government, as defined in
ORS 174.111, that has in interest in compliance with laws
relating to taxation and employment may become a member of the
Interagency Compliance Network by entering into the agreement on
such terms as may be prescribed by the agencies identified in
subsection (1)(a) to (g) of this section.
  ' (4) Notwithstanding ORS 314.835 or any other law relating to
confidentiality of information, any agency that is a member of
the Interagency Compliance Network may enter into an agreement
with another member agency to provide information to the other
agency. Information provided to an agency under this subsection
may be used by the agency only for the purpose of enforcing
compliance of laws that are administered by the agency. + }
  '  { +  SECTION 2. + }  { + (1) The Interagency Compliance
Network Account is established in the General Fund of the State
Treasury. The account consists of amounts deposited in the
account under ORS 56.041.
  ' (2) At least once each month, moneys in the Interagency
Compliance Network Account shall be distributed as follows:
  ' (a) ___ percent to the Department of Revenue, for the purpose
of enforcing the tax laws by engaging in compliance activities,
including audits and investigations, that are related to persons
who pay workers in cash, or who misclassify workers, and who do
not comply with laws relating to taxation.
  ' (b) ___ percent to the Employment Department, for the purpose
of enforcing the unemployment tax laws by engaging in compliance
activities, including audits and investigations, that are related
to persons who pay workers in cash, or who misclassify workers,
and who do not comply with laws relating to taxation.
  ' (c) ___ percent to the Department of Consumer and Business
Services, for the purpose of compliance activities, including
audits and investigations, that are related to persons who pay
workers in cash, or who misclassify workers, and who do not
comply with laws relating to employment or taxation.
  ' (d) ___ percent to the Construction Contractors Board, for
the purpose of compliance activities, including audits and
investigations, that are related to persons who pay workers in
cash, or misclassify workers, and who do not comply with laws
relating to employment or taxation.
  ' (e) ___ percent to the Bureau of Labor and Industries, for
the purpose of enforcing the laws related to wage and hours, and
to prevailing wage rates, by engaging in compliance activities,
including audits and investigations, that are related to persons
who pay workers in cash, or who misclassify workers, and who do
not comply with laws relating to employment.
  ' (f) ___ percent to the Department of Justice to investigate
and prosecute criminal activities discovered by reason of audits,
investigations and other compliance activities described in this
subsection, or that otherwise come to the attention of the
department and that relate to persons who pay workers in cash, or
who misclassify workers, and who do not comply with laws relating
to employment and taxation.
  ' (g) ___ percent to the Department of Revenue, for the purpose
of distribution to members of the Interagency Compliance Network
pursuant to the terms of the intergovernmental agreement entered
into under section 1 (3) of this 2009 Act.
  ' (3) All moneys distributed to an agency under subsection (2)
of this section are continuously appropriated to the agency for
the purposes specified by subsection (2) of this section. + }
  '  { +  SECTION 2a. + }  { + The member agencies of the
Interagency Compliance Network shall prepare a report once every
two years that details the activities of the network during the
two-year period. The report shall identify the manner in which
the funding provided by section 2 of this 2009 Act has been
expended, and an estimate of the revenue impact of the network's
activities. The report shall be provided to the Governor, and to
the Legislative Assembly in the manner provided by ORS
192.245. + } ' .
  On page 3, delete lines 1 through 5.
  Delete lines 10 through 13 and insert:
  ' (2) The Secretary of State shall collect a nonrefundable fee
of $___ for each of the following documents delivered to the
Secretary of State for filing:
  ' (a) Articles of incorporation delivered for filing under ORS
60.051.
  ' (b) Articles of organization delivered for filing under ORS
63.051.
  ' (c) Applications for authority to transact business in this
state delivered under ORS 60.707 and 63.707.
  ' (d) Annual reports delivered for filing under ORS 60.787 and
63.787.'.
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