75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1700
C-Engrossed
House Bill 2815
Ordered by the House June 24
Including House Amendments dated April 10 and May 6 and June 24
Sponsored by Representatives HOLVEY, GARRETT, Senator PROZANSKI;
Representatives BAILEY, BARKER, BARNHART, BUCKLEY, CLEM,
GREENLICK, HARKER, HUNT, KAHL, KOMP, NATHANSON, NOLAN, READ,
RILEY, SHIELDS, J SMITH, WITT, Senators BONAMICI, BURDICK,
DEVLIN, ROSENBAUM
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Establishes Interagency Compliance Network. Prescribes duties
of network relating to classification of workers and persons who
pay workers in cash for purpose of avoiding compliance with laws
relating to taxation or employment. Provides that member agency
may enter into agreement to provide information to another member
agency.
{ - Establishes Interagency Compliance Network Account.
Provides that moneys in account are continuously appropriated to
specified state agencies for purpose of compliance activities,
including audits and investigations, that are related to persons
who pay workers in cash, misclassify workers and do not comply
with laws relating to taxation or employment. - }
{ - Increases fee for certain business filings made with
Secretary of State. Directs that amounts generated from fee
increase be deposited in Interagency Compliance Network
Account. - }
{ + Appropriates moneys from General Fund to Emergency Board
for purpose of establishing and operating network.
Declares emergency, effective July 1, 2009. + }
A BILL FOR AN ACT
Relating to compliance with laws relating to the conduct of
business; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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 or 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 or 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 or employment;
(f) Identify opportunities for and obstacles to improving
compliance with the laws relating to the classification of
workers, taxation or 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 or 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
or 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 an interest in compliance with laws relating to
taxation or 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. { + 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
for the network 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. + }
SECTION 3. { + (1) In addition to and not in lieu of any other
appropriation, there is appropriated to the Emergency Board, for
the biennium beginning July 1, 2009, out of the General Fund, the
amount of $750,000, to be allocated to state agencies that are
members of the Interagency Compliance Network for carrying out
the purposes of section 1 of this 2009 Act. Nothing in this
subsection requires that the Emergency Board allocate moneys to
each agency in the network or allocate equal amounts to agencies.
(2) If any of the moneys appropriated by subsection (1) of this
section are not allocated by the Emergency Board before December
1, 2010, the moneys remaining on that date become available for
any purpose for which the Emergency Board lawfully may allocate
funds. + }
SECTION 4. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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