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 2627
House Bill 3193
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.
Establishes Retired Senior Volunteer Program within Department
of Human Services. Permits retired nurses to volunteer their
services to county governments or health districts providing
local public health services in exchange for department providing
health care insurance coverage to retired nurses and, when
appropriate, to nurses' spouses.
A BILL FOR AN ACT
Relating to voluntary service by retired nurses; creating new
provisions; and amending ORS 656.027.
Whereas many of our most experienced nurses are retiring at an
early age; and
Whereas many retired nurses are willing and able to provide
services to county governments or health districts providing
local public health services; and
Whereas many retired nurses are not yet eligible for Medicare
health plans; and
Whereas many retired nurses need to acquire or maintain health
care insurance coverage before 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 nurses to make their services available to county
governments or health districts providing local public health
services; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) There is established the Retired Senior
Volunteer Program within the Department of Human Services.
(2) The purpose of the program is to encourage and assist
retired nurses to volunteer their services to county governments
or health districts providing local public health services in
exchange for the department providing health care insurance
coverage to the retired nurses and, when appropriate, to the
nurses' spouses.
(3) Under the program, the department shall:
(a) Assist county governments and health districts in providing
opportunities to retired nurses to volunteer their services to
county governments and health districts.
(b) Establish and administer a volunteer referral service
through which retired nurse volunteers may be registered and
referred to county governments and health districts that request
the services of volunteers.
(4) Retired nurses who volunteer through the program may assist
and mentor new nurses, assist in health clinics and hospitals and
provide services that supplement health services provided by
county governments or health districts. A county government or
health district may not use the services of a volunteer to
replace or displace paid personnel.
(5) In exchange for the services provided by a retired nurse
volunteer through the program, if funds are available for this
purpose, a retired nurse volunteer and the volunteer's spouse may
participate in a health benefit plan available to state employees
under ORS 243.105 to 243.285 at the department's expense as
follows:
(a) For eight hours per week of volunteer services, the
department shall provide health care insurance coverage to the
volunteer on the same terms as the department provides that
coverage to full-time employees.
(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 as the department
provides that coverage to full-time employees and their spouses.
(c) A volunteer who provides services for more than 12 hours
per week may accrue the hours in excess of 12 hours and thereby
become eligible for health care insurance coverage for up to
three years in which the retired nurse does not provide volunteer
services.
(d) Health care insurance coverage made available under this
section is available only until the volunteer becomes eligible
for Medicare coverage and, for the spouse of a volunteer, until
the spouse becomes eligible for Medicare coverage.
(6)(a) A retired nurse volunteer who provides services as
provided in this section is not an employee of the department,
county government or health district, is not employed for
purposes of ORS 653.010 to 653.261, is not a subject worker for
purposes of workers' compensation coverage and is not eligible
for unemployment insurance. The department, county government or
health district may require the volunteer to waive any legal
cause of action against the department, county government or
health district for any injury or disease arising out of and in
the course of providing the volunteer services.
(b) Notwithstanding paragraph (a) of this subsection, the
department, county government or health district may elect to
provide medical-only workers' compensation coverage to a retired
nurse volunteer under ORS 656.039.
(7) 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 nurse 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 nurse 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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