Bill Text: OR HB2640 | 2011 | Regular Session | Introduced

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Bill Title: Relating to exclusion from definition of employment; declaring an emergency.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2640 Detail]

Download: Oregon-2011-HB2640-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2042

                         House Bill 2640

Sponsored by Representative BARKER (Presession filed.)

                             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.

  Excludes from definition of 'employment' for purposes of
unemployment insurance benefits, service performed for nonprofit
organization and remunerated with stipend.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to exclusion from definition of employment; creating new
  provisions; amending ORS 657.092; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 657.092 is amended to read:
  657.092. (1)  { + As used in this chapter, + } 'employment'
does not include service performed by an individual as a
director, designer, performer, musician, technical crew member,
house or business person, contestant, beauty queen or member of a
court for or on behalf of a nonprofit organization in connection
with a symphony, opera, play, pageant, festival, rodeo or similar
event operated by   { - such - }   { + the nonprofit + }
organization when the remuneration for such service consists
solely of a gratuity, prize, scholarship { + , stipend + } or
reimbursement of expenses.
  (2) As used in this section:
  (a) 'Contestant' means a person competing   { - in a
competition - }  in a pageant, festival, rodeo or similar event.
  (b) 'Gratuity' means a voluntary return for a service and does
not include commissions or other amounts paid pursuant to an
agreement reached at the time the individual agrees to perform a
service for the organization.
  (c) 'Nonprofit organization' means an organization or group of
organizations described in sections 501(c)(3) to 501(c)(10) of
the Internal Revenue Code   { - which - }   { + that + } is
exempt from income tax under section 501(a) of the Internal
Revenue Code.
  (d) 'Prize' means a reward received for winning a competition
in a pageant, festival, rodeo or similar event.
  (e) 'Reimbursement for expenses' means a payment made in lieu
of salary to compensate an individual for transportation costs to
the location of the service and return, and ordinary living
expenses while in the vicinity of the event in which the
individual is participating.
  (f) 'Scholarship' means a grant provided for the purpose of
paying part of the tuition or other costs of attending an
educational institution or institution of higher education and
payable to the institution of the individual's choice.
   { +  (g) 'Stipend' means the payment of a specified amount for
each performance or event pursuant to an agreement between the
individual and the organization. + }
  SECTION 2.  { + The amendments to ORS 657.092 by section 1 of
this 2011 Act apply to service that is performed on or after the
effective date of this 2011 Act. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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