Chapter 69 Oregon Laws 1999

Session Law

AN ACT

SB 181

Relating to producer-promoters; amending ORS 652.340; and repealing ORS 652.325.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 652.325 is repealed.

SECTION 2. ORS 652.340 is amended to read:

652.340. (1) If upon investigation by the Commissioner of the Bureau of Labor and Industries, after taking assignments of any wage claims under ORS 652.330, it appears to the commissioner that the employer is representing to employees that the employer is able to pay wages for their services and that the employees are not being paid for their services, the commissioner may require the employer to give a bond in such sum as the commissioner deems reasonable and adequate in the circumstances, with sufficient surety, conditioned that the employer will for a definite future period not exceeding six months conduct business and pay employees in accordance with the laws of Oregon.

[(2) Upon receipt of a permit application filed by a producer-promoter who is required to obtain a permit under ORS 652.325, the commissioner shall require the producer-promoter to give a bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, in an amount not less than the sum of the wages to be paid to all musicians and supporting technical personnel to be employed in the production. Such bond shall be conditioned on the payment of any wages due any musicians and supporting technical personnel upon the cessation of such production or upon the subrogation of another for the liability of such producer-promoter, if such subrogation is satisfactory to the commissioner.]

[(3)] (2) If within 10 days after demand for such bond the employer fails to provide the same, the commissioner may commence a suit against the employer in the circuit court of appropriate jurisdiction to compel the employer to furnish such bond or cease doing business until the employer has done so. The employer shall have the burden of proving the amount thereof to be excessive.

[(4)] (3) If the court finds that there is just cause for requiring such bond and that the same is reasonably necessary or appropriate to secure the prompt payment of the wages of the employees of such employer and the employer's compliance with ORS 652.310 to 652.414, the court shall enjoin such employer from doing business in this state until the requirement is met, or shall make other, and may make further, orders appropriate to compel compliance with the requirement.

Approved by the Governor April 20, 1999

Filed in the office of Secretary of State April 20, 1999

Effective date October 23, 1999

__________