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 2612
House Bill 3190
Sponsored by Representative THATCHER
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 as
introduced.
Requires Oregon Department of Administrative Services to
establish Retired Senior Volunteer Program. Permits retired
individuals to volunteer their services to certain public bodies
and nonprofit organizations in exchange for health care insurance
coverage for volunteers and volunteers' spouses.
A BILL FOR AN ACT
Relating to voluntary service by retired individuals; creating
new provisions; and amending ORS 656.027.
Whereas many of our most experienced residents, including
teachers, nurses and police officers, are retiring at an early
age; and
Whereas many retired individuals are willing and able to
provide services to our schools and students, to our local
governments and nonprofit agencies providing educational or
public health services and to our law enforcement agencies; and
Whereas many retired individuals are not yet eligible for
Medicare health plans; and
Whereas many retired individuals need to acquire or maintain
health care insurance coverage until they are eligible for
Medicare health plans; and
Whereas the Seventy-fifth Legislative Assembly finds that our
state would benefit greatly from a program that encourages
retired individuals to make their services available; now,
therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Nonprofit organization' means an organization or a group
of organizations, as described in section 501(c)(3) of the
Internal Revenue Code, that provides educational or public health
services.
(b) 'Public body' means a public body, as defined in ORS
174.109, that provides educational, public health or public
safety services.
(c) 'Volunteer' means a retired individual who volunteers
services to nonprofit organizations and public bodies as
described in subsection (4) of this section. 'Volunteer' does not
include:
(A) An employee of the Oregon Department of Administrative
Services or the participating public body or nonprofit
organization.
(B) A person who is employed under the provisions of ORS
653.010 to 653.261.
(C) A subject worker who receives workers' compensation from
the participating public body or nonprofit organization.
(D) A person who receives unemployment insurance.
(2) The Oregon Department of Administrative Services shall
establish the Retired Senior Volunteer Program.
(3) Under the program, the department shall:
(a) Assist public bodies and nonprofit organizations in
providing opportunities to retired individuals to volunteer their
services to the public bodies and nonprofit organizations.
(b) Establish and maintain a registry of volunteers.
(c) Establish and administer a volunteer referral service to
refer volunteers to public bodies and nonprofit organizations
that request the services of volunteers.
(4) Volunteers may:
(a) Assist and mentor new teachers, assist in classrooms and
provide services that supplement course offerings and reduce
class sizes.
(b) Assist and mentor new nurses, assist in health clinics and
hospitals and provide services that supplement health care
services.
(c) Assist and mentor new law enforcement officers, accompany
patrol officers, assist in the administration of law enforcement
programs and provide services that supplement law enforcement
services.
(5) A public body or nonprofit organization may not use the
services of a volunteer to replace paid personnel.
(6) In exchange for the services provided by a volunteer, the
department, if the department has sufficient funds, shall provide
health care insurance coverage to the volunteer on the following
bases:
(a) For eight hours per week of volunteer services, the
department shall provide health care insurance coverage to the
volunteer on the same terms that the department uses to provide
coverage to full-time employees of the department.
(b) For 12 hours per week of volunteer services, the department
shall provide health care insurance coverage to the volunteer and
the volunteer's spouse on the same terms that the department uses
to provide coverage to full-time employees of the department and
their spouses.
(c) For more than 12 hours per week, the department shall
record any hours that the volunteer works in excess of 12 hours
per week and allow those hours to accrue. A volunteer may use
accrued hours for up to three years to receive health care
insurance coverage under the terms of paragraphs (a) and (b) of
this subsection without having to render volunteer services.
(7)(a) A volunteer may not receive health care insurance
coverage under this section when the volunteer is eligible for
Medicare coverage.
(b) The spouse of a volunteer may not receive health care
insurance coverage under this section when the spouse is eligible
for Medicare coverage.
(8) The department may require a volunteer to waive any legal
cause of action against the department or the participating
public body or nonprofit organization for any injury or disease
that arises out of or during the course of providing volunteer
services.
(9) The department or the participating public body or
nonprofit organization may elect to provide medical-only workers'
compensation coverage to a volunteer under ORS 656.039.
(10) If funds are available, the department may provide health
care insurance coverage to volunteers and their spouses under ORS
243.105 to 243.285. If the department provides coverage to
volunteers and their spouses under this subsection, the
volunteers are considered eligible employees as defined in ORS
243.105, and their spouses are considered family members as
defined in ORS 243.105.
(11) The department may adopt rules to administer the Retired
Senior Volunteer Program. + }
SECTION 2. ORS 656.027, as amended by section 2, chapter 32,
Oregon Laws 2008, is amended to read:
656.027. All workers are subject to this chapter except those
nonsubject workers described in the following subsections:
(1) A worker employed as a domestic servant in or about a
private home. For the purposes of this subsection 'domestic
servant' means any worker engaged in household domestic service
by private employment contract, including, but not limited to,
home health workers.
(2) A worker employed to do gardening, maintenance, repair,
remodeling or similar work in or about the private home of the
person employing the worker.
(3)(a) A worker whose employment is casual and either:
(A) The employment is not in the course of the trade, business
or profession of the employer; or
(B) The employment is in the course of the trade, business or
profession of a nonsubject employer.
(b) For the purpose of this subsection, 'casual' refers only to
employments where the work in any 30-day period, without regard
to the number of workers employed, involves a total labor cost of
less than $500.
(4) A person for whom a rule of liability for injury or death
arising out of and in the course of employment is provided by the
laws of the United States.
(5) A worker engaged in the transportation in interstate
commerce of goods, persons or property for hire by rail, water,
aircraft or motor vehicle, and whose employer has no fixed place
of business in this state.
(6) Firefighter and police employees of any city having a
population of more than 200,000 that provides a disability and
retirement system by ordinance or charter.
(7)(a) Sole proprietors, except those described in paragraph
(b) of this subsection. When labor or services are performed
under contract, the sole proprietor must qualify as an
independent contractor.
(b) Sole proprietors actively licensed under ORS 671.525 or
701.035. When labor or services are performed under contract for
remuneration, notwithstanding ORS 656.005 (30), the sole
proprietor must qualify as an independent contractor. Any sole
proprietor licensed under ORS 671.525 or 701.035 and involved in
activities subject thereto is conclusively presumed to be an
independent contractor.
(8) Except as provided in subsection (23) of this section,
partners who are not engaged in work performed in direct
connection with the construction, alteration, repair,
improvement, moving or demolition of an improvement on real
property or appurtenances thereto. When labor or services are
performed under contract, the partnership must qualify as an
independent contractor.
(9) Except as provided in subsection (25) of this section,
members, including members who are managers, of limited liability
companies, regardless of the nature of the work performed.
However, members, including members who are managers, of limited
liability companies with more than one member, while engaged in
work performed in direct connection with the construction,
alteration, repair, improvement, moving or demolition of an
improvement on real property or appurtenances thereto, are
subject workers. When labor or services are performed under
contract, the limited liability company must qualify as an
independent contractor.
(10) Except as provided in subsection (24) of this section,
corporate officers who are directors of the corporation and who
have a substantial ownership interest in the corporation,
regardless of the nature of the work performed by such officers,
subject to the following limitations:
(a) If the activities of the corporation are conducted on land
that receives farm use tax assessment pursuant to ORS chapter
308A, corporate officer includes all individuals identified as
directors in the corporate bylaws, regardless of ownership
interest, and who are members of the same family, whether related
by blood, marriage or adoption.
(b) If the activities of the corporation involve the commercial
harvest of timber and all officers of the corporation are members
of the same family and are parents, daughters or sons,
daughters-in-law or sons-in-law or grandchildren, then all such
officers may elect to be nonsubject workers. For all other
corporations involving the commercial harvest of timber, the
maximum number of exempt corporate officers for the corporation
shall be whichever is the greater of the following:
(A) Two corporate officers; or
(B) One corporate officer for each 10 corporate employees.
(c) When labor or services are performed under contract, the
corporation must qualify as an independent contractor.
(11) A person performing services primarily for board and
lodging received from any religious, charitable or relief
organization.
(12) A newspaper carrier utilized in compliance with the
provisions of ORS 656.070 and 656.075.
(13) A person who has been declared an amateur athlete under
the rules of the United States Olympic Committee or the Canadian
Olympic Committee and who receives no remuneration for
performance of services as an athlete other than board, room,
rent, housing, lodging or other reasonable incidental subsistence
allowance, or any amateur sports official who is certified by a
recognized Oregon or national certifying authority, which
requires or provides liability and accident insurance for such
officials. A roster of recognized Oregon and national certifying
authorities will be maintained by the Department of Consumer and
Business Services, from lists of certifying organizations
submitted by the Oregon School Activities Association and the
Oregon Park and Recreation Society.
(14) Volunteer personnel participating in the ACTION programs,
organized under the Domestic Volunteer Service Act of 1973, P.L.
93-113, known as the Foster Grandparent Program and the Senior
Companion Program, whether or not the volunteers receive a
stipend or nominal reimbursement for time and travel expenses.
(15) A person who has an ownership or leasehold interest in
equipment and who furnishes, maintains and operates the
equipment. As used in this subsection 'equipment' means:
(a) A motor vehicle used in the transportation of logs, poles
or piling.
(b) A motor vehicle used in the transportation of rocks,
gravel, sand, dirt or asphalt concrete.
(c) A motor vehicle used in the transportation of property by a
for-hire motor carrier that is required under ORS 825.100 or
825.104 to possess a certificate or permit or to be registered.
(16) A person engaged in the transportation of the public for
recreational down-river boating activities on the waters of this
state pursuant to a federal permit when the person furnishes the
equipment necessary for the activity. As used in this subsection,
' recreational down-river boating activities' means those boating
activities for the purpose of recreational fishing, swimming or
sightseeing utilizing a float craft with oars or paddles as the
primary source of power.
(17) A person who receives no wage other than ski passes or
other noncash remuneration for performing volunteer:
(a) Ski patrol activities; or
(b) Ski area program activities sponsored by a ski area
operator, as defined in ORS 30.970, or by a nonprofit corporation
or organization.
(18) A person 19 years of age or older who contracts with a
newspaper publishing company or independent newspaper dealer or
contractor to distribute newspapers to the general public and
perform or undertake any necessary or attendant functions related
thereto.
(19) A person performing foster parent or adult foster care
duties pursuant to ORS 412.001 to 412.161 and 412.991 or ORS
chapter 411, 418, 430 or 443.
(20) A person performing services on a volunteer basis for a
nonprofit, religious, charitable or relief organization, whether
or not such person receives meals or lodging or nominal
reimbursements or vouchers for meals, lodging or expenses.
(21) A person performing services under a property tax work-off
program established under ORS 310.800.
(22) A person who performs service as a caddy at a golf course
in an established program for the training and supervision of
caddies under the direction of a person who is an employee of the
golf course.
(23)(a) Partners who are actively licensed under ORS 671.525 or
701.035 and who have a substantial ownership interest in a
partnership. If all partners are members of the same family and
are parents, spouses, sisters, brothers, daughters or sons,
daughters-in-law or sons-in-law or grandchildren, all such
partners may elect to be nonsubject workers. For all other
partnerships licensed under ORS 671.510 to 671.760 or ORS chapter
701, the maximum number of exempt partners shall be whichever is
the greater of the following:
(A) Two partners; or
(B) One partner for each 10 partnership employees.
(b) When labor or services are performed under contract for
remuneration, notwithstanding ORS 656.005 (30), the partnership
qualifies as an independent contractor. Any partnership licensed
under ORS 671.525 or 701.035 and involved in activities subject
thereto is conclusively presumed to be an independent contractor.
(24)(a) Corporate officers who are directors of a corporation
actively licensed under ORS 671.525 or 701.035 and who have a
substantial ownership interest in the corporation, regardless of
the nature of the work performed. If all officers of the
corporation are members of the same family and are parents,
spouses, sisters, brothers, daughters or sons, daughters-in-law
or sons-in-law or grandchildren, all such officers may elect to
be nonsubject workers. For all other corporations licensed under
ORS 671.510 to 671.760 or ORS chapter 701, the maximum number of
exempt corporate officers shall be whichever is the greater of
the following:
(A) Two corporate officers; or
(B) One corporate officer for each 10 corporate employees.
(b) When labor or services are performed under contract for
remuneration, notwithstanding ORS 656.005 (30), the corporation
qualifies as an independent contractor. Any corporation licensed
under ORS 671.525 or 701.035 and involved in activities subject
thereto is conclusively presumed to be an independent contractor.
(25)(a) Limited liability company members who are members of a
company actively licensed under ORS 671.525 or 701.035 and who
have a substantial ownership interest in the company, regardless
of the nature of the work performed. If all members of the
company are members of the same family and are parents, spouses,
sisters, brothers, daughters or sons, daughters-in-law or
sons-in-law or grandchildren, all such members may elect to be
nonsubject workers. For all other companies licensed under ORS
671.510 to 671.760 or ORS chapter 701, the maximum number of
exempt company members shall be whichever is the greater of the
following:
(A) Two company members; or
(B) One company member for each 10 company employees.
(b) When labor or services are performed under contract for
remuneration, notwithstanding ORS 656.005 (30), the company
qualifies as an independent contractor. Any company licensed
under ORS 671.525 or 701.035 and involved in activities subject
thereto is conclusively presumed to be an independent contractor.
(26) A person serving as a referee or assistant referee in a
youth or adult recreational soccer match whose services are
retained on a match-by-match basis.
(27) A person performing language translator or interpreter
services that are provided for others through an agent or broker.
(28) A person who operates, and who has an ownership or
leasehold interest in, a passenger motor vehicle that is operated
as a taxicab or for nonemergency medical transportation. As used
in this subsection:
(a) 'Lease' means a contract under which the lessor provides a
vehicle to a lessee for consideration.
(b) 'Leasehold' includes, but is not limited to, a lease for a
shift or a longer period.
(c) 'Passenger motor vehicle that is operated as a taxicab '
means a vehicle that:
(A) Has a passenger seating capacity that does not exceed seven
persons;
(B) Is transporting persons, property or both on a route that
begins or ends in Oregon; and
(C)(i) Carries passengers for hire when the destination and
route traveled may be controlled by a passenger and the fare is
calculated on the basis of any combination of an initial fee,
distance traveled or waiting time; or
(ii) Is in use under a contract to provide specific service to
a third party to transport designated passengers or to provide
errand services to locations selected by the third party.
(d) 'Passenger motor vehicle that is operated for nonemergency
medical transportation' means a vehicle that:
(A) Has a passenger seating capacity that does not exceed seven
persons;
(B) Is transporting persons, property or both on a route that
begins or ends in Oregon; and
(C) Provides medical transportation services under contract
with or on behalf of a mass transit or transportation district.
{ + (29) A retired individual who provides volunteer services
under section 1 of this 2009 Act and who receives no compensation
except health care insurance coverage. + }
SECTION 3. ORS 656.027, as amended by section 49, chapter 836,
Oregon Laws 2007, and section 3, chapter 32, Oregon Laws 2008, is
amended to read:
656.027. All workers are subject to this chapter except those
nonsubject workers described in the following subsections:
(1) A worker employed as a domestic servant in or about a
private home. For the purposes of this subsection 'domestic
servant' means any worker engaged in household domestic service
by private employment contract, including, but not limited to,
home health workers.
(2) A worker employed to do gardening, maintenance, repair,
remodeling or similar work in or about the private home of the
person employing the worker.
(3)(a) A worker whose employment is casual and either:
(A) The employment is not in the course of the trade, business
or profession of the employer; or
(B) The employment is in the course of the trade, business or
profession of a nonsubject employer.
(b) For the purpose of this subsection, 'casual' refers only to
employments where the work in any 30-day period, without regard
to the number of workers employed, involves a total labor cost of
less than $500.
(4) A person for whom a rule of liability for injury or death
arising out of and in the course of employment is provided by the
laws of the United States.
(5) A worker engaged in the transportation in interstate
commerce of goods, persons or property for hire by rail, water,
aircraft or motor vehicle, and whose employer has no fixed place
of business in this state.
(6) Firefighter and police employees of any city having a
population of more than 200,000 that provides a disability and
retirement system by ordinance or charter.
(7)(a) Sole proprietors, except those described in paragraph
(b) of this subsection. When labor or services are performed
under contract, the sole proprietor must qualify as an
independent contractor.
(b) Sole proprietors actively licensed under ORS 671.525 or
701.021. When labor or services are performed under contract for
remuneration, notwithstanding ORS 656.005 (30), the sole
proprietor must qualify as an independent contractor. Any sole
proprietor licensed under ORS 671.525 or 701.021 and involved in
activities subject thereto is conclusively presumed to be an
independent contractor.
(8) Except as provided in subsection (23) of this section,
partners who are not engaged in work performed in direct
connection with the construction, alteration, repair,
improvement, moving or demolition of an improvement on real
property or appurtenances thereto. When labor or services are
performed under contract, the partnership must qualify as an
independent contractor.
(9) Except as provided in subsection (25) of this section,
members, including members who are managers, of limited liability
companies, regardless of the nature of the work performed.
However, members, including members who are managers, of limited
liability companies with more than one member, while engaged in
work performed in direct connection with the construction,
alteration, repair, improvement, moving or demolition of an
improvement on real property or appurtenances thereto, are
subject workers. When labor or services are performed under
contract, the limited liability company must qualify as an
independent contractor.
(10) Except as provided in subsection (24) of this section,
corporate officers who are directors of the corporation and who
have a substantial ownership interest in the corporation,
regardless of the nature of the work performed by such officers,
subject to the following limitations:
(a) If the activities of the corporation are conducted on land
that receives farm use tax assessment pursuant to ORS chapter
308A, corporate officer includes all individuals identified as
directors in the corporate bylaws, regardless of ownership
interest, and who are members of the same family, whether related
by blood, marriage or adoption.
(b) If the activities of the corporation involve the commercial
harvest of timber and all officers of the corporation are members
of the same family and are parents, daughters or sons,
daughters-in-law or sons-in-law or grandchildren, then all such
officers may elect to be nonsubject workers. For all other
corporations involving the commercial harvest of timber, the
maximum number of exempt corporate officers for the corporation
shall be whichever is the greater of the following:
(A) Two corporate officers; or
(B) One corporate officer for each 10 corporate employees.
(c) When labor or services are performed under contract, the
corporation must qualify as an independent contractor.
(11) A person performing services primarily for board and
lodging received from any religious, charitable or relief
organization.
(12) A newspaper carrier utilized in compliance with the
provisions of ORS 656.070 and 656.075.
(13) A person who has been declared an amateur athlete under
the rules of the United States Olympic Committee or the Canadian
Olympic Committee and who receives no remuneration for
performance of services as an athlete other than board, room,
rent, housing, lodging or other reasonable incidental subsistence
allowance, or any amateur sports official who is certified by a
recognized Oregon or national certifying authority, which
requires or provides liability and accident insurance for such
officials. A roster of recognized Oregon and national certifying
authorities will be maintained by the Department of Consumer and
Business Services, from lists of certifying organizations
submitted by the Oregon School Activities Association and the
Oregon Park and Recreation Society.
(14) Volunteer personnel participating in the ACTION programs,
organized under the Domestic Volunteer Service Act of 1973, P.L.
93-113, known as the Foster Grandparent Program and the Senior
Companion Program, whether or not the volunteers receive a
stipend or nominal reimbursement for time and travel expenses.
(15) A person who has an ownership or leasehold interest in
equipment and who furnishes, maintains and operates the
equipment. As used in this subsection 'equipment' means:
(a) A motor vehicle used in the transportation of logs, poles
or piling.
(b) A motor vehicle used in the transportation of rocks,
gravel, sand, dirt or asphalt concrete.
(c) A motor vehicle used in the transportation of property by a
for-hire motor carrier that is required under ORS 825.100 or
825.104 to possess a certificate or permit or to be registered.
(16) A person engaged in the transportation of the public for
recreational down-river boating activities on the waters of this
state pursuant to a federal permit when the person furnishes the
equipment necessary for the activity. As used in this subsection,
' recreational down-river boating activities' means those boating
activities for the purpose of recreational fishing, swimming or
sightseeing utilizing a float craft with oars or paddles as the
primary source of power.
(17) A person who receives no wage other than ski passes or
other noncash remuneration for performing volunteer:
(a) Ski patrol activities; or
(b) Ski area program activities sponsored by a ski area
operator, as defined in ORS 30.970, or by a nonprofit corporation
or organization.
(18) A person 19 years of age or older who contracts with a
newspaper publishing company or independent newspaper dealer or
contractor to distribute newspapers to the general public and
perform or undertake any necessary or attendant functions related
thereto.
(19) A person performing foster parent or adult foster care
duties pursuant to ORS 412.001 to 412.161 and 412.991 or ORS
chapter 411, 418, 430 or 443.
(20) A person performing services on a volunteer basis for a
nonprofit, religious, charitable or relief organization, whether
or not such person receives meals or lodging or nominal
reimbursements or vouchers for meals, lodging or expenses.
(21) A person performing services under a property tax work-off
program established under ORS 310.800.
(22) A person who performs service as a caddy at a golf course
in an established program for the training and supervision of
caddies under the direction of a person who is an employee of the
golf course.
(23)(a) Partners who are actively licensed under ORS 671.525 or
701.021 and who have a substantial ownership interest in a
partnership. If all partners are members of the same family and
are parents, spouses, sisters, brothers, daughters or sons,
daughters-in-law or sons-in-law or grandchildren, all such
partners may elect to be nonsubject workers. For all other
partnerships licensed under ORS 671.510 to 671.760 or 701.021,
the maximum number of exempt partners shall be whichever is the
greater of the following:
(A) Two partners; or
(B) One partner for each 10 partnership employees.
(b) When labor or services are performed under contract for
remuneration, notwithstanding ORS 656.005 (30), the partnership
qualifies as an independent contractor. Any partnership licensed
under ORS 671.525 or 701.021 and involved in activities subject
thereto is conclusively presumed to be an independent contractor.
(24)(a) Corporate officers who are directors of a corporation
actively licensed under ORS 671.525 or 701.021 and who have a
substantial ownership interest in the corporation, regardless of
the nature of the work performed. If all officers of the
corporation are members of the same family and are parents,
spouses, sisters, brothers, daughters or sons, daughters-in-law
or sons-in-law or grandchildren, all such officers may elect to
be nonsubject workers. For all other corporations licensed under
ORS 671.510 to 671.760 or 701.021, the maximum number of exempt
corporate officers shall be whichever is the greater of the
following:
(A) Two corporate officers; or
(B) One corporate officer for each 10 corporate employees.
(b) When labor or services are performed under contract for
remuneration, notwithstanding ORS 656.005 (30), the corporation
qualifies as an independent contractor. Any corporation licensed
under ORS 671.525 or 701.021 and involved in activities subject
thereto is conclusively presumed to be an independent contractor.
(25)(a) Limited liability company members who are members of a
company actively licensed under ORS 671.525 or 701.021 and who
have a substantial ownership interest in the company, regardless
of the nature of the work performed. If all members of the
company are members of the same family and are parents, spouses,
sisters, brothers, daughters or sons, daughters-in-law or
sons-in-law or grandchildren, all such members may elect to be
nonsubject workers. For all other companies licensed under ORS
671.510 to 671.760 or 701.021, the maximum number of exempt
company members shall be whichever is the greater of the
following:
(A) Two company members; or
(B) One company member for each 10 company employees.
(b) When labor or services are performed under contract for
remuneration, notwithstanding ORS 656.005 (30), the company
qualifies as an independent contractor. Any company licensed
under ORS 671.525 or 701.021 and involved in activities subject
thereto is conclusively presumed to be an independent contractor.
(26) A person serving as a referee or assistant referee in a
youth or adult recreational soccer match whose services are
retained on a match-by-match basis.
(27) A person performing language translator or interpreter
services that are provided for others through an agent or broker.
(28) A person who operates, and who has an ownership or
leasehold interest in, a passenger motor vehicle that is operated
as a taxicab or for nonemergency medical transportation. As used
in this subsection:
(a) 'Lease' means a contract under which the lessor provides a
vehicle to a lessee for consideration.
(b) 'Leasehold' includes, but is not limited to, a lease for a
shift or a longer period.
(c) 'Passenger motor vehicle that is operated as a taxicab '
means a vehicle that:
(A) Has a passenger seating capacity that does not exceed seven
persons;
(B) Is transporting persons, property or both on a route that
begins or ends in Oregon; and
(C)(i) Carries passengers for hire when the destination and
route traveled may be controlled by a passenger and the fare is
calculated on the basis of any combination of an initial fee,
distance traveled or waiting time; or
(ii) Is in use under a contract to provide specific service to
a third party to transport designated passengers or to provide
errand services to locations selected by the third party.
(d) 'Passenger motor vehicle that is operated for nonemergency
medical transportation' means a vehicle that:
(A) Has a passenger seating capacity that does not exceed seven
persons;
(B) Is transporting persons, property or both on a route that
begins or ends in Oregon; and
(C) Provides medical transportation services under contract
with or on behalf of a mass transit or transportation district.
{ + (29) A retired individual who provides volunteer services
under section 1 of this 2009 Act and who receives no compensation
except health care insurance coverage. + }
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