75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2815
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, MORRISETTE, ROSENBAUM
CHAPTER ................
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;
Enrolled House Bill 2815 (HB 2815-C) Page 1
(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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Enrolled House Bill 2815 (HB 2815-C) Page 2
Passed by House June 25, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 29, 2009
...........................................................
President of Senate
Enrolled House Bill 2815 (HB 2815-C) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2815 (HB 2815-C) Page 4