Bill Text: OR HB2762 | 2011 | Regular Session | Introduced
Bill Title: Relating to voluntary service by retired state police officers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2762 Detail]
Download: Oregon-2011-HB2762-Introduced.html
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 1376
House Bill 2762
Sponsored by Representative THATCHER (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.
Establishes Oregon Retired Senior Volunteer Program within
Department of State Police.
Permits retired state police officers to volunteer in exchange
for health care insurance coverage for themselves and, when
appropriate, their spouses.
A BILL FOR AN ACT
Relating to voluntary service by retired state police officers;
creating new provisions; and amending ORS 656.027.
Whereas many of our most experienced state police officers are
retiring at an early age; and
Whereas many retired state police officers are willing and able
to provide services to the Department of State Police; and
Whereas many retired state police officers are not yet eligible
for Medicare health plans; and
Whereas many retired state police officers need to acquire or
maintain health care insurance coverage before they are eligible
for Medicare health plans; and
Whereas the Seventy-sixth Legislative Assembly finds that our
state would benefit greatly from a program that encourages
retired state police officers to make their services available to
the Department of State Police; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section, 'volunteer' means
a retired state police officer who volunteers services to the
Department of State Police as described in this section.
(2) There is established the Oregon Retired Senior Volunteer
Program within the Department of State Police.
(3) The purpose of the program is to encourage and assist
retired state police officers to volunteer their services to the
department in exchange for health care insurance coverage for the
volunteers and, when appropriate, the volunteers' spouses.
(4) Under the program, the department shall:
(a) Provide opportunities to retired state police officers to
volunteer their services to the department; and
(b) Establish and administer a volunteer referral service
through which volunteers may be registered and referred to
department offices that request the services of volunteers.
(5) Under the program, the department may use volunteers to
assist, mentor and train new state police officers, accompany
patrol officers, assist in the administration of department
programs and provide services that supplement services provided
by the department. The department may not use the services of a
volunteer to replace or displace paid personnel.
(6)(a) If funds are available for this purpose, the department
may provide health care insurance coverage to volunteers and
their spouses under ORS 243.105 to 243.285, and the volunteers
and their spouses are considered 'eligible employees ' and
'family members' as those terms are defined in ORS 243.105.
(b) The department shall provide health care insurance coverage
to volunteers under paragraph (a) of this subsection on the
following basis:
(A) For eight hours per week of volunteer services, coverage to
volunteers on the same terms as to full-time employees.
(B) For 12 hours per week of volunteer services, coverage to
volunteers and their spouses on the same terms as to full-time
employees and their spouses.
(C) A volunteer who provides services for more than 12 hours
per week may accrue those hours and thereby become eligible for
health care insurance coverage for up to three years in which the
retired state police officer 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 the volunteer, until
the spouse becomes eligible for Medicare coverage.
(7)(a) A volunteer who provides services as provided in this
section is not an employee of the department, 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 may require the
volunteer to waive any legal cause of action against the
department for any injury or disease arising out of and in the
course of providing the volunteer services.
(b) Notwithstanding paragraph (a) of this subsection and ORS
656.027, the department may make a volunteer a subject worker
under ORS 656.039. However, if the department makes a volunteer a
subject worker under this paragraph, the volunteer is entitled to
receive only compensable medical services described in ORS
656.245.
(8) The department may adopt rules to administer the Oregon
Retired Senior Volunteer Program. + }
SECTION 2. ORS 656.027 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 state police officer who provides
volunteer services under section 1 of this 2011 Act and who
receives no compensation other than health care insurance
coverage. + }
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