Bill Text: OR SB612 | 2011 | Regular Session | Engrossed
Bill Title: Relating to construction labor contractors; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB612 Detail]
Download: Oregon-2011-SB612-Engrossed.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 3518
A-Engrossed
Senate Bill 612
Ordered by the Senate May 3
Including Senate Amendments dated May 3
Sponsored by COMMITTEE ON JUDICIARY (at the request of Northwest
Workers Justice Project & Oregon Coalition to Stop Wage Theft)
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.
Requires construction labor contractors to be licensed by
Commissioner of Bureau of Labor and Industries. Establishes
licensing requirements { - and fees - } . Provides exemptions.
Requires commissioner to administer and enforce licensing and
regulatory requirements and adopt rules. Establishes grounds for
denying, suspending or revoking license. Specifies duties of
construction labor contractor. Permits commissioner to assess
civil penalties for violations. Prohibits certain actions and
discrimination against employees.
Creates cause of action against person acting as construction
labor contractor without license and against person using
unlicensed contractor.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to construction labor contractors; creating new
provisions; amending ORS 166.715, 658.015, 658.405, 658.407,
658.410, 658.411, 658.412, 658.415, 658.416, 658.417, 658.418,
658.420, 658.425, 658.430, 658.435, 658.437, 658.440, 658.445,
658.450, 658.452, 658.453, 658.465, 658.475, 658.489, 658.501,
658.503 and 658.991; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 658.405 is amended to read:
658.405. As used in ORS 658.405 to 658.503 and 658.991 (2) and
(3), unless the context requires otherwise:
(1) 'Agricultural association' means a nonprofit or cooperative
association of farmers, growers or ranchers that is incorporated
under applicable state law and that acts as a farm labor
contractor solely on behalf of members of the association.
{ - (2) 'Commissioner' means the Commissioner of the Bureau
of Labor and Industries. - }
{ + (2)(a) 'Construction labor contractor' includes any
person that:
(A) For an agreed remuneration or rate of pay, recruits,
solicits, supplies or employs workers to perform labor for
another in construction;
(B) For an agreed remuneration or rate of pay, recruits,
solicits, supplies or employs workers on behalf of an employer
engaged in construction; or
(C) Enters into a subcontract with another for any of the
activities described in subparagraph (A) or (B) of this
paragraph.
(b) 'Construction labor contractor' does not include:
(A) A person that has a construction contract with an owner of
real property where the construction work is performed;
(B) A person that has obtained building permits to perform
construction work;
(C) A person that supplies building materials or machinery,
other than manual tools or hand-operated power tools, for a
construction project;
(D) An owner of real property engaged in the solicitation or
recruitment of persons to perform construction work on the
owner's property;
(E) The Employment Department;
(F) A crew leader;
(G) Individuals who perform labor pursuant to an agreement for
exchanging their own labor or services with each other, provided
the work is performed on land owned or leased by the individuals;
(H) An educational institution that is recognized as such by
the Department of Education;
(I) A labor union; or
(J) A local joint apprenticeship committee formed under ORS
660.135. + }
(3) 'Crew leader' means the member of a group of workers who
{ - (a) - } acts as spokesman for the group, { - (b) - }
travels with the group from another state into Oregon and
{ - (c) - } performs the same work along with other group
members. A crew leader may transport workers from their local
place of residence to their place of employment so long as the
crew leader does not perform this service for a profit.
(4) { + (a) + } 'Farm labor contractor' { - means any person
who, - } { + includes any person that:
(A) + } For an agreed remuneration or rate of pay, recruits,
solicits, supplies or employs workers to perform labor for
another { + person + } to work in forestation or reforestation
of lands, including but not limited to the planting,
transplanting, tubing, precommercial thinning and thinning of
trees and seedlings, the clearing, piling and disposal of brush
and slash and other related activities { - or - } { + ;
(B) For an agreed remuneration or rate of pay, recruits,
solicits, supplies or employs workers to perform labor for
another person in + } the production or harvesting of farm
products; { - or who - }
{ + (C) + } Recruits, solicits, supplies or employs workers
to gather evergreen boughs, yew bark, bear grass, salal or ferns
from public lands for sale or market prior to processing or
manufacture; { - or who - }
{ + (D) + } Recruits, solicits, supplies or employs workers
on behalf of an employer engaged in these activities; { - or
who, - }
{ + (E) + } In connection with the recruitment or employment
of workers to work in these activities, furnishes board or
lodging for such workers; { - or who - }
{ + (F) + } Bids or submits prices on contract offers for
those activities; or { - who - }
{ + (G) + } Enters into a subcontract with another for any of
those activities. { - However, - }
{ + (b) + } 'Farm labor contractor' does not include:
{ - (a) - } { + (A) + } Farmers, including owners or
lessees of land intended to be used for the production of timber,
their permanent employees, advertising media, platoon leaders or
individuals engaged in the solicitation or recruitment of persons
for dayhaul work in connection with the growing, production or
harvesting of farm products;
{ - (b) - } { + (B) + } The Employment Department;
{ - (c) - } { + (C) + } A crew leader;
{ - (d) - } { + (D) + } An individual who performs work,
other than recruiting, supplying, soliciting or employing workers
to perform labor for another, alone or only with the assistance
of the individual's spouse, son, daughter, brother, sister,
mother or father;
{ - (e) - } { + (E) + } Individuals who perform labor
pursuant to an agreement for exchanging their own labor or
services with each other, provided the work is performed on land
owned or leased by the individuals;
{ - (f) - } { + (F) + } An educational institution that is
recognized as such by the Department of Education; { - or - }
{ - (g) - } { + (G) + } A farmer who operates a farmworker
camp, regulated under ORS 658.750, who recruits, supplies,
solicits or employs workers only for the farmer's own operations,
and has farmworkers living in the camp who are employed by
another on no more than an incidental basis, and the farmer
receives no remuneration by virtue of such incidental employment
{ - . - } { + ; or
(H) A labor union.
(5) 'Labor contractor' means a construction labor contractor or
a farm labor contractor. + }
SECTION 2. ORS 658.015 is amended to read:
658.015. (1) ORS 658.005 to 658.245 do not apply to
{ - farm - } labor contractors subject to ORS 658.405 to
658.503.
(2) ORS 658.005 to 658.245 do not apply to any nonprofit
organization or corporation organized for the purpose of economic
adjustment, civic betterment and the giving of professional
guidance and placement to its members, when all of the following
requirements are met:
(a) None of its directors, officers or employees are deriving
any profit beyond a nominal salary for services performed on its
behalf.
(b) Membership dues and fees are used solely for the
maintenance of the organization or corporation.
(c) No fee is charged for employment services.
(d) On request of the Commissioner of the Bureau of Labor and
Industries, the organization or corporation files with the
commissioner, on or before the first day of April of each year, a
copy of its constitution or articles of incorporation and its
bylaws, together with a sworn statement setting forth its place
of business; the names and addresses of its officers, directors
and employees, the salaries they receive and the services they
actually perform; and the various benefits furnished to its
members.
(3) As used in subsection (2) of this section:
(a) 'Civic betterment' means the promotion of the common good
and general welfare of the people of this state or any political
subdivision therein.
(b) 'Economic adjustment' means the promotion of a program by
which individuals are helped to acquire new professional skills,
add to their existing professional skills or change their type of
profession.
(4) ORS 658.005 to 658.245 do not apply to a bona fide labor
organization of workers or a nonprofit organization or
corporation that has been formed in good faith for the
regulation, promotion and advancement of the general professional
interests of its members and that incidentally maintains a
placement service principally engaged in securing employment for
such members.
SECTION 3. ORS 658.407 is amended to read:
658.407. The Commissioner of the Bureau of Labor and Industries
shall administer and enforce ORS 658.405 to 658.503, and in so
doing shall:
(1) Investigate and attempt to adjust equitably controversies
between { - farm - } labor contractors and their workers with
respect to claims arising under ORS 658.415 (3) or 658.419.
(2) Take appropriate action to establish the liability or lack
thereof of the { - farm - } labor contractor for wages of the
employees of the { - farm - } labor contractor and if
appropriate proof exists of liability for wages the commissioner
shall pay the same or such part thereof as the commissioner has
funds on deposit or cause the surety company to forthwith pay the
entire liability or such part thereof as the sums due under the
bond will permit.
(3) Adopt appropriate rules to administer ORS 658.405 to
658.503.
SECTION 4. ORS 658.410 is amended to read:
658.410. (1) Except as provided by ORS 658.425 and subsection
(3) of this section, a person may not act as a { - farm - }
labor contractor without a valid license in the person's
possession issued to the person by the Commissioner of the Bureau
of Labor and Industries. Except as provided in subsection (3) of
this section, a person may not act as a farm labor contractor
with regard to the forestation or reforestation of lands unless
the person possesses a valid farm labor contractor's license with
the indorsement required by ORS 658.417 (1). The Bureau of Labor
and Industries shall make rules for the issuance of duplicate
licenses in the event of the loss or destruction of original
licenses.
(2) { - Farm - } Labor contractor licenses may be issued by
the commissioner only as follows:
(a) To a natural person operating as a sole proprietor under
the person's own name or under an assumed business name
registered with the Office of Secretary of State.
(b) To two or more natural persons operating as a partnership
or as a limited liability partnership under their own names or
under an assumed business name registered with the Office of
Secretary of State.
(c) Except as provided in subsection (3) of this section, to
the majority shareholder or majority shareholders of a
corporation or a limited liability company that is licensed to
operate as a
{ - farm - } labor contractor.
(d) Except as provided in subsection (3) of this section, to a
corporation or a limited liability company whose majority
shareholder or majority shareholders are also licensed to operate
as a { - farm - } labor contractor and that is authorized to
do business in Oregon by the Office of Secretary of State.
(e) To a cooperative corporation authorized to do business in
Oregon by the Office of Secretary of State.
(f) To a private nonprofit corporation authorized to do
business in Oregon by the Office of Secretary of State and
designated by the Internal Revenue Service as exempt under
section 501(c)(3) of the Internal Revenue Code, provided:
(A)(i) The purpose of the corporation is to provide education
or training; and
(ii) Workers recruited, solicited, supplied or employed by the
corporation are recruited, solicited, supplied or employed only
for the purpose of educating or training the workers { + in
construction, + } in the forestation or reforestation of lands or
in the production or harvesting of farm products; or
(B) For at least five years before the corporation files an
application for a { - farm - } labor contractor license, the
corporation has been:
(i) Authorized to do business in Oregon by the Office of
Secretary of State;
(ii) Primarily engaged in recruiting, soliciting, supplying or
employing workers; and
(iii) Designated by the Internal Revenue Service as exempt
under section 501(c)(3) of the Internal Revenue Code.
(g) { + For a farm labor contractor license only, + } to an
agricultural association that is authorized to do business in
Oregon by the Office of Secretary of State.
(3) The majority shareholder or majority shareholders of a
corporation or limited liability company are not required to be
licensed under this section if the corporation or limited
liability company:
(a)(A) Publicly trades its shares of stock on a stock exchange
regulated by the United States Securities and Exchange
Commission; or
(B) Has 10 or more shareholders and demonstrates to the
satisfaction of the commissioner that the corporation or limited
liability company is adequately capitalized; and
(b) Is authorized to do business in Oregon by the Office of
Secretary of State.
SECTION 5. ORS 658.411 is amended to read:
658.411. (1) { - The - } { + An + } employee of a
{ - farm - } labor contractor who is licensed under ORS 658.405
to 658.503 may be licensed as a
{ - farm - } labor contractor subject to an employee
indorsement if the employee continuously meets all of the
following conditions:
(a) The employee's employer has filed with the Commissioner of
the Bureau of Labor and Industries a signed statement, in a form
required by the commissioner, agreeing to sponsor the application
and to notify the commissioner promptly upon termination of the
employment of the employee;
(b) The employee engages in activities that would require
licensing as a { - farm - } labor contractor solely on behalf
of the employer;
(c) The employee does not personally employ any workers and is
not responsible for paying any workers;
(d) The employer maintains proof of financial responsibility;
(e) The employer's license remains in good standing; and
(f) The employee meets all of the conditions for licensing as a
{ - farm - } labor contractor, except as provided in this
section.
(2) A { - farm - } labor contractor subject to an employee
indorsement acting in compliance with subsection (1) of this
section need not:
(a) Provide proof of financial responsibility under ORS 658.415
(3).
(b) Comply with ORS 658.440 (1)(j).
(3) The license of a { - farm - } labor contractor subject
to an employee indorsement shall state the conditions contained
in subsection (1) of this section on its face and shall state
that a
{ - farm - } labor contractor subject to an employee
indorsement who operates out of compliance with these
restrictions is an unlicensed { - farm - } labor contractor.
(4) A { - farm - } labor contractor who employs another
{ - farm - } labor contractor is personally, jointly and
severally liable for any damages, attorney fees or costs awarded
against the employee for the actions of the { - farm - } labor
contractor employee undertaken within the scope of employment, or
for actions of the employee that the employee takes under color
of an employee's license subject to an employee indorsement that
are known, or reasonably should have been known, by the employer.
In the case of a { - farm - } labor contractor that is a
corporation, both the corporation and the licensed majority
shareholder or shareholders are so liable.
SECTION 6. ORS 658.412 is amended to read:
658.412. { + The Commissioner of the Bureau of Labor and
Industries may not issue a + } { - No - } license to operate
as a { - farm - } labor contractor { - shall be issued - }
until an applicant for a license has successfully passed a
qualifying examination designed to test the applicant's ability,
knowledge and proficiency to conduct and manage the business of a
{ - farm - } labor contractor. The commissioner { - of the
Bureau of Labor and Industries, by rule, - } shall prescribe
{ + by rule + } the requirements for and the manner of testing
the competency of license applicants.
{ + NOTE: + } Section 7 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 8. ORS 658.415 is amended to read:
658.415. (1) A person may not act as a { - farm - } labor
contractor unless the person has first been licensed by the
Commissioner of the Bureau of Labor and Industries under ORS
658.405 to 658.503. Any person may file an application for a
license to act as a { - farm - } labor contractor at any
office of the Bureau of Labor and Industries. The application
shall be sworn to by the applicant and shall be written on a form
prescribed by the commissioner. The form shall include, but not
be limited to, questions asking:
(a) The applicant's name, Oregon address and all other
temporary and permanent addresses the applicant uses or knows
will be used in the future.
(b) Information on all motor vehicles to be used by the
applicant in operations as a { - farm - } labor
contractor { + , + } including license number and state of
licensure, vehicle number and the name and address of vehicle
owner for all vehicles used.
(c) Whether or not the applicant was ever denied a license
under ORS 658.405 to 658.503 within the preceding three years, or
in this or any other jurisdiction had { - such - } { + + }a
{ + labor contractor + } license denied, revoked or suspended
within the preceding three years.
(d) The names and addresses of all persons financially
interested, whether as partners, shareholders, associates or
profit-sharers, in the applicant's proposed operations as a
{ - farm - } labor contractor, together with the amount of their
respective interests, and whether or not, to the best of the
applicant's knowledge, any of these persons was ever denied a
license under ORS 658.405 to 658.503 within the preceding three
years, or had
{ - such - } a { + labor contractor + } license denied,
revoked or suspended within the preceding three years in this or
any other jurisdiction.
(2) Each applicant shall furnish satisfactory proof with the
application:
(a) Of the existence of a policy of insurance in an amount
adequate under rules issued by the commissioner for vehicles to
be used to transport workers. For the purpose of this paragraph,
the certificate of an insurance producer licensed in Oregon is
satisfactory proof of adequate insurance.
(b) Of the existence of workers' compensation insurance as
provided in ORS 658.440 (1)(j). The commissioner may adopt rules
concerning satisfactory proof of adequate workers' compensation
insurance.
(3) Each applicant shall submit with the application and shall
continually maintain thereafter, until excused, proof of
financial ability to promptly pay the wages of employees and
other obligations specified in this section. The proof required
in this subsection shall be in the form of a corporate surety
bond of a company licensed to do such business in Oregon, a cash
deposit or a deposit the equivalent of cash. For the purposes of
this subsection, it shall be deemed sufficient compliance if the
{ - farm - } labor contractor procures a savings account at a
bank or savings and loan institution in the name of the
commissioner as trustee for the employees of the { - farm - }
labor contractor and others as their interests may appear and
delivers proof of the account and the ability to withdraw the
funds to the commissioner under the terms of a bond approved by
the commissioner. The amount of the bond and the security behind
the bond, or the cash deposit, shall be based on the maximum
number of employees the { + labor + } contractor employs at any
time during the year. The bond or cash deposit shall be:
(a) $10,000 if the { + labor + } contractor employs no more
than 20 employees; or
(b) $30,000, or such lesser sum as may be authorized by the
commissioner under ORS 658.416, if the { + labor + } contractor
employs 21 or more employees.
(4) In the event that a single business entity licensed as a
{ - farm - } labor contractor has more than one natural person
who, as an owner or employee of the business entity, engages in
activities that require the persons to be licensed individually
as { - farm - } labor contractors, and each { - such - }
person engages in { - such - } { + those + } activities
solely for that business entity, the commissioner may provide by
rule for lower aggregate bonding requirements for the business
entity and its owners and employees. If there is an unsatisfied
judgment of a court or final decision of an administrative agency
against a license applicant, the subject of which is any matter
that would be covered by the bond or deposit referred to in
subsection (3) of this section, the commissioner may not issue a
license to the applicant until the judgment or decision is
satisfied. As a condition of licensing any such applicant, the
commissioner may require the applicant to submit proof of
financial ability required by subsection (3) of this section in
an amount up to three times that ordinarily required of a license
applicant.
(5) All corporate surety bonds filed under this section or ORS
658.419 shall be executed to cover liability for the period for
which the license is issued. During the period for which it is
executed, the bond may not be canceled or otherwise terminated.
(6) Each application must be accompanied by the fee established
under ORS 658.413.
(7) Any person who uses the services of a { - farm - } labor
contractor who has failed to comply with any of the provisions of
this section or ORS 658.419 shall:
(a) Be personally and jointly and severally liable to any
employee as far as the employee has not been paid wages in full
for the work done for that person.
(b) Be personally liable for all penalty wages that have
occurred under ORS 652.150 for the wages due under this section.
(8) Any person who suffers any loss of wages from the employer
of the person or any other loss specified in subsection (16) of
this section shall have a right of action in the name of the
person against the surety upon the bond or against the deposit
with the commissioner. The right of action:
(a) Is assignable and must be included with an assignment of a
wage claim, of any other appropriate claim or of a judgment
thereon.
(b) May not be included in any { - suit or - } action
against the
{ - farm - } labor contractor but must be exercised
independently after first procuring a judgment or other form of
adequate proof of liability established by rule and procedure
under subsection (14) of this section establishing the
{ - farm - } labor contractor's liability for the claim.
(9)(a) The surety company or the commissioner shall make prompt
and periodic payments on the { - farm - } labor contractor's
liability up to the extent of the total sum of the bond or
deposit.
(b) Payment shall be made based upon priority of wage claims
over advances made by { + the construction property owner, + }
the grower or producer of agricultural commodities or the owner
or lessee of land intended to be used for the production of
timber, for advances made to or on behalf of the { - farm - }
labor contractor.
(c) Payment shall be made in full of all sums due to each
person who presents adequate proof of the claim.
(d) Payment shall be made in part if there are insufficient
funds to pay in full the person next entitled to payment in full.
(10) A person may not bring any { - suit or - } action
against the surety company or the commissioner on the bond or
against the commissioner as the trustee for the beneficiaries of
the { - farm - } labor contractor under any deposit made
pursuant to this section or ORS 658.419 unless the person has
first exhausted the procedures contained in subsections (8) and
(12) of this section or in ORS 658.419 and contends that the
surety company or the commissioner still has funds that are
applicable to the person's judgment or acknowledgment.
(11) The commissioner may not be prevented from accepting
assignments of wage claims and enforcing liability against the
surety on the bond or from applying the deposit to just wage
claims filed with the commissioner.
(12) All claims against the bond or deposit shall be
unenforceable unless request for payment of a judgment or other
form of adequate proof of liability or a notice of the claim has
been made by certified mail to the surety or the commissioner
within six months from the end of the period for which the bond
or deposit was executed and made.
(13) If the commissioner has received no notice as provided in
subsection (12) of this section within six months after a
{ - farm - } labor contractor is no longer required to provide
and maintain a surety bond or deposit, the commissioner shall
terminate and surrender any bond or any deposit under the control
of the commissioner to the person who is entitled thereto upon
receiving appropriate proof of such entitlement.
(14) The commissioner shall adopt rules reasonably necessary
for administration and enforcement of the provisions of this
section and ORS 658.419.
(15) Every { - farm - } labor contractor required by this
section or ORS 658.419 to furnish a surety bond or make a deposit
in lieu
{ - thereof - } { + of a surety bond + } shall keep
conspicuously posted upon the premises where employees working
under the contractor are employed a notice, in both English and
any other language used by the { - farm - } labor contractor
to communicate with workers, specifying the contractor's
compliance with the requirements of this section and ORS 658.419
and specifying the name and Oregon address of the surety on the
bond or a notice that a deposit in lieu of the bond has been made
with the commissioner together with the address of the
commissioner.
(16) The bond or deposit referred to in subsection (3) of this
section shall be payable to the commissioner and shall be
conditioned upon:
(a) Payment in full of all sums due on wage claims of
employees.
(b) Payment by the { - farm - } labor contractor of all sums
due to { + the construction property owner, + } the grower or
producer of agricultural commodities or the owner or lessee of
land intended to be used for the production of timber for
advances made to or on behalf of the { - farm - } labor
contractor.
(17) The commissioner may not issue a license until the
applicant executes a written statement that shall be subscribed
and sworn to and that shall contain the following declaration:
_________________________________________________________________
With regards to any action filed against me concerning my
activities as a { - farm - } labor contractor, I appoint the
Commissioner of the Bureau of Labor and Industries as my lawful
agent to accept service of summons when I am not present in the
jurisdiction in which such action is commenced or have in any
other way become unavailable to accept service.
_________________________________________________________________
(18) A person who cosigns with a { - farm - } labor
contractor for a bond required by subsection (3) of this section
or by ORS 658.419 is not personally or jointly and severally
liable for unpaid wages above the amount of the bond solely
because the person cosigned for the bond.
(19) The court may award reasonable attorney fees to the
prevailing party in any action to enforce the provisions of this
section or ORS 658.419.
SECTION 9. ORS 658.416 is amended to read:
658.416. If the Commissioner of the Bureau of Labor and
Industries finds that an applicant has operated as an Oregon
licensed { - farm - } labor contractor without an employee
indorsement for at least two years in compliance with ORS 658.405
to 658.503 and with any other laws pertaining to the conduct of
{ - farm - } labor contractors, and that no valid claims for
unpaid wages have been made against the applicant, then the
commissioner may reduce the amount of the bond or deposit that
would otherwise be required pursuant to ORS 658.415 (3) to an
amount determined by the commissioner, but in no event less than
the following:
(1) If the commissioner finds that the { + labor + }
contractor has so operated for a period of at least five years,
$20,000;
(2) If the commissioner finds that the { + labor + }
contractor has so operated for at least four years, $22,500;
(3) If the commissioner finds that the { + labor + }
contractor has so operated for at least three years, $25,000; or
(4) If the commissioner finds that the { + labor + }
contractor has so operated for at least two years, $27,500.
SECTION 10. ORS 658.417 is amended to read:
658.417. In addition to the regulation otherwise imposed upon
{ - farm - } labor contractors pursuant to ORS 658.405 to
658.503, a person who acts as a farm labor contractor with regard
to the forestation or reforestation of lands shall:
(1) Obtain a special indorsement from the Commissioner of the
Bureau of Labor and Industries on the license required by ORS
658.410 that authorizes the person to act as a farm labor
contractor with regard to the forestation or reforestation of
lands.
(2) Pay the fee established under ORS 658.413.
SECTION 11. ORS 658.418 is amended to read:
658.418. Upon written application from a { - farm - } labor
contractor, the Commissioner of the Bureau of Labor and
Industries may exempt the { - farm - } labor contractor from
the provisions of ORS 658.440 (1)(i) and, for a farm labor
contractor engaged in forestation or reforestation of lands, from
the provisions of ORS 658.415 (3) for the license year if the
commissioner finds that the { - farm - } labor contractor
{ - meets all of the following requirements - } :
(1) { - The farm labor contractor - } Operates as a sole
proprietor { - . - } { + ; + }
(2) { - The farm labor contractor - } Engages in activities
pursuant to contracts for less than $25,000 { - . - } { + ;
and + }
(3) { - The farm labor contractor - } Employs two or fewer
individuals in the performance of work on all contracts performed
in the license year.
SECTION 12. ORS 658.420 is amended to read:
658.420. (1) The Commissioner of the Bureau of Labor and
Industries shall conduct an investigation of each applicant's
character, competence and reliability, and of any other matter
relating to the manner and method by which the applicant proposes
to conduct and has conducted operations as a { - farm - }
labor contractor.
(2) The commissioner shall issue a license within 15 days after
the day on which the application therefor was received in the
office of the commissioner if the commissioner is satisfied as to
the applicant's character, competence and reliability.
(3) Any individual may protest the issuance of a license to any
applicant at any time, and the commissioner shall give the
individual an opportunity to state the reasons for the objection.
SECTION 13. ORS 658.425 is amended to read:
658.425. (1) The office of the Bureau of Labor and Industries
in which an application is filed shall issue to the applicant a
temporary permit valid for not more than 60 days, if the
following conditions are satisfied:
(a) The application is complete on its face.
(b) The applicant has furnished satisfactory evidence of
adequate insurance under rules issued by the Commissioner of the
Bureau of Labor and Industries.
(c) The applicant has paid in advance the fee established under
ORS 658.413.
(d) The applicant or any person financially interested in the
applicant's proposed operation as a { - farm - } labor
contractor, whether as a partner, shareholder, associate,
profitsharer or otherwise, has not been denied a license in a
jurisdiction other than Oregon or under ORS 658.405 to 658.503
within the preceding three years, nor has had such a license
revoked or suspended in Oregon or any other jurisdiction within
the preceding three years, as appears of record with the
commissioner.
(2) Any temporary permit expires immediately if the
commissioner rejects the application of the person holding that
permit.
(3) For the purposes of ORS 658.415 (1)(c) and (d) and
subsection (1)(d) of this section, the refusal by the
commissioner to renew a license shall be considered as the
revocation of that license on the date of its expiration.
SECTION 14. ORS 658.430 is amended to read:
658.430. Each { + labor contractor + } license shall bear on
its face such information as is prescribed by rules of the Bureau
of Labor and Industries, including but not limited to:
(1) The name and address of the licensee and a statement that
the license is not valid after the expiration date.
(2) The number, date of issuance and expiration date of the
license.
(3) A statement that the license shall not be transferred or
assigned.
SECTION 15. ORS 658.435 is amended to read:
658.435. (1) Each { + labor contractor + } license shall
expire one year following the date of its issuance unless sooner
revoked by the Commissioner of the Bureau of Labor and
Industries.
(2) Applications for renewal of the license shall be made 30
days prior to the expiration date by payment of the fee
established under ORS 658.413, but the commissioner may require
any person seeking renewal to file a new application under ORS
658.415 (1) and (2) and may conduct a new investigation of the
applicant's character, competence and reliability, and of any
other matter relating to the manner by which the applicant
proposes to conduct and has conducted operations as a
{ - farm - } labor contractor.
SECTION 16. ORS 658.437 is amended to read:
658.437. (1) Prior to beginning work on any contract or other
agreement the { - farm - } labor contractor shall:
(a) Display the license or temporary permit to the person to
whom workers are to be provided, or the person's agent; and
(b) Provide the person to whom workers are to be provided, or
the person's agent { + , + } with a copy of the license or
temporary permit.
(2) Prior to allowing work to begin on any contract or
agreement with a { - farm - } labor contractor, the person to
whom workers are to be provided, or the person's agent { + , + }
shall:
(a) Examine the license or temporary permit of the
{ - farm - } labor contractor; and
(b) Retain a copy of the license or temporary permit provided
by the { - farm - } labor contractor pursuant to subsection
(1)(b) of this section.
SECTION 17. ORS 658.440 is amended to read:
658.440. (1) Each person acting as a { - farm - } labor
contractor shall:
(a) Carry a labor contractor's license at all times and exhibit
it upon request to any person with whom the { + labor + }
contractor intends to deal in the capacity of a { - farm - }
labor contractor.
(b) File immediately at the United States post office serving
the labor contractor's address, as noted on the face of the
license, a correct change of address if the { + labor + }
contractor permanently changes address, and notify the
Commissioner of the Bureau of Labor and Industries each time an
address change is made.
(c) Pay or distribute promptly, when due, to the individuals
entitled thereto all money or other things of value entrusted to
the labor contractor by any person for that purpose.
(d) Comply with the terms and provisions of all legal and valid
agreements or contracts entered into in the { + labor + }
contractor's capacity as a { - farm - } labor contractor.
(e) File with the Bureau of Labor and Industries, as required
by rule, information relating to work agreements between the
{ - farm - } labor contractor and { + construction property
owners or + } farmers and between the { - farm - } labor
contractor and workers or information concerning changes in the
circumstances under which the license was issued.
(f) Furnish to each worker, at the time of hiring, recruiting,
soliciting or supplying, whichever occurs first, a written
statement in the English language and any other language used by
the { - farm - } labor contractor to communicate with the
workers that contains a description of:
(A) The method of computing the rate of compensation.
(B) The terms and conditions of any bonus offered, including
the manner of determining when the bonus is earned.
(C) The terms and conditions of any loan made to the worker.
(D) The conditions of any housing, health and child care
services to be provided.
(E) The terms and conditions of employment, including the
approximate length of season or period of employment and the
approximate starting and ending dates thereof.
(F) The terms and conditions under which the worker is
furnished clothing or equipment.
(G) The name and address of the owner of all operations where
the worker will be working as a result of being recruited,
solicited, supplied or employed by the { - farm - } labor
contractor.
(H) The existence of a labor dispute at the worksite.
(I) The worker's rights and remedies under ORS chapters 654 and
656, ORS 658.405 to 658.503, the Service Contract Act (41 U.S.C.
351-401) and any other such law specified by the Commissioner of
the Bureau of Labor and Industries, in plain and simple language
in a form specified by the commissioner.
(g) At the time of hiring and prior to the worker performing
any work for the { - farm - } labor contractor, execute a
written agreement between the worker and the { - farm - }
labor contractor containing the terms and conditions described in
paragraph (f)(A) to (I) of this subsection. The written agreement
shall be in the English language and any other language used by
the { - farm - } labor contractor to communicate with the
workers.
(h) Furnish to the worker { + , + } each time the worker
receives a compensation payment from the { - farm - } labor
contractor, a written statement itemizing the total payment and
amount and purpose of each deduction therefrom, hours worked and
rate of pay or rate of pay and pieces done if the work is done on
a piece rate basis, and if the work is done under the Service
Contract Act (41 U.S.C. 351-401) or related federal or state
law, a written statement of any applicable prevailing wage.
(i) Provide to the commissioner a certified true copy of all
payroll records for work done as a { - farm - } labor
contractor when the contractor pays employees directly. The
records shall be submitted in such form and at such times and
shall contain such information as the commissioner, by rule, may
prescribe.
(j)(A) If the person is a farm labor contractor engaged in the
forestation or reforestation of lands, provide workers'
compensation insurance for each individual who performs manual
labor in forestation or reforestation activities regardless of
the business form of the contractor and regardless of any
contractual relationship that may be alleged to exist between the
contractor and the workers notwithstanding ORS 656.027, unless
workers' compensation insurance is otherwise provided; or
(B) If the person is a farm labor contractor but is not engaged
in the forestation or reforestation of lands, provide workers'
compensation insurance to the extent required under ORS chapter
656, unless workers' compensation insurance is otherwise
provided.
(2) If the { - farm - } labor contractor:
(a) Employs workers, the { + labor + } contractor shall
substantially comply with the provisions of ORS 654.174 relating
to field sanitation, and its implementing rules as adopted by the
Department of Consumer and Business Services.
(b) Owns or controls housing furnished to workers in connection
with the recruitment or employment of workers, the { +
labor + } contractor shall ensure that the housing substantially
complies with any applicable law relating to the health, safety
or habitability of the housing.
(c) Recruits or solicits any worker to travel from one place to
another for the purpose of working at a time prior to the
availability of the employment, the { + labor + } contractor
shall furnish to the worker, at no charge, lodging and an
adequate supply of food until employment begins, in compliance
with rules adopted by the Bureau of Labor and Industries. If
employment does not begin within 30 days from the date the
{ - farm - } labor contractor represented employment would
become available, the { + labor + } contractor shall refund to
the worker all sums paid by the worker to the { + labor + }
contractor and provide the worker, in cash or other form of
payment authorized by ORS 652.110, the costs of transportation,
including meals and lodging in transit, to return the worker to
the place from which the worker was induced to travel or the
costs of transportation, including meals and lodging in transit,
to another worksite selected by the worker, whichever is less.
For the purposes of this paragraph, 'recruits or solicits' does
not include the mere provision of housing or employment to
persons who have not otherwise been recruited or solicited by the
{ - farm - } labor contractor or an agent of the { - farm - }
labor contractor prior to their arrival at the place of housing
or employment. Workers who arrive at the place of employment
prior to the date they were instructed by the { + labor + }
contractor to arrive are not entitled to the benefits of this
subsection until the date they were instructed to arrive.
(3) A person acting as a { - farm - } labor contractor, or
applying for a license to act as a { - farm - } labor
contractor, may not:
(a) Make any misrepresentation, false statement or willful
concealment in the application for a license.
(b) Willfully make or cause to be made to any person any false,
fraudulent or misleading representation, or publish or circulate
any false, fraudulent or misleading information concerning the
terms, condition or existence of employment at any place or by
any person.
(c) Solicit or induce, or cause to be solicited or induced, the
violation of an existing contract of employment.
(d) Knowingly employ an alien not legally present or legally
employable in the United States.
(e) Assist an unlicensed person to act in violation of ORS
658.405 to 658.503.
(f) By force, intimidation or threat of procuring dismissal or
deportation or by any other manner whatsoever, induce any worker
employed or in a subcontracting relationship to the
{ - farm - } labor contractor to give up any part of the
compensation to which the worker is entitled under the contract
of employment or under federal or state wage laws.
(g) Solicit or induce, or cause to be solicited or induced, the
travel of a worker from one place to another by representing to a
worker that employment for the worker is available at the
destination when employment for the worker is not available
within 30 days after the date the work was represented as being
available.
SECTION 18. ORS 658.445 is amended to read:
658.445. The Commissioner of the Bureau of Labor and Industries
may revoke, suspend or refuse to renew a license to act as a
labor contractor upon the commissioner's own motion or upon
complaint by any individual, if:
(1) The licensee or agent has violated or failed to comply with
any provision of ORS 658.405 to 658.503 and 658.991 (2) and (3);
or
(2) The conditions under which the license was issued have
changed or no longer exist; or
(3) The licensee's character, reliability or competence makes
the licensee unfit to act as a { - farm - } labor contractor.
SECTION 19. ORS 658.450 is amended to read:
658.450. (1) All proceedings relating to the issuance,
revocation, suspension, renewal or refusal to renew a license to
act as a { - farm - } labor contractor shall be conducted
under ORS chapter 183.
(2) All rules of the Bureau of Labor and Industries under ORS
658.405 to 658.503 shall be issued in compliance with ORS chapter
183.
SECTION 20. ORS 658.452 is amended to read:
658.452. { - No farm - } { + A + } labor contractor or
employer { - shall - } { + may not + } discharge or in any
other manner discriminate against any employee because:
(1) The employee has made a claim against the { - farm - }
labor contractor or employer for compensation for the employee's
own personal services.
(2) The employee has caused to be instituted any proceedings
under or related to ORS 658.405 to 658.503.
(3) The employee has testified or is about to testify in any
such proceedings.
(4) The employee has discussed or consulted with anyone
concerning the employee's rights under ORS 658.405 to 658.503.
SECTION 21. ORS 658.453 is amended to read:
658.453. (1) In addition to any other penalty provided by law,
the Commissioner of the Bureau of Labor and Industries may assess
a civil penalty not to exceed $2,000 for each violation by:
(a) A { - farm - } labor contractor who, without the license
required by ORS 658.405 to 658.503, recruits, solicits, supplies
or employs a worker.
(b) A { - farm - } labor contractor who fails to comply with
ORS 658.415 (15).
(c) A { - farm - } labor contractor who fails to comply with
ORS 658.440 (1), (2)(c) or (3).
(d) Any person who violates ORS 658.452.
(e) A { - farm - } labor contractor who fails to comply with
ORS 658.417 (1).
(f) Any person who uses an unlicensed { - farm - } labor
contractor without complying with ORS 658.437.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(3) All penalties recovered under this section shall be paid
into the State Treasury and credited to the Farmworker Housing
Development Account of the Oregon Housing Fund.
(4) After filing a complaint with the commissioner, in addition
to any other penalty provided by law, a worker has a right of
action against a { - farm - } labor contractor who violates
{ - subsection (1)(c), (d) or (e) of this section or ORS
658.440 (2)(a) or (b) - } { + ORS 658.417 (1) or (2), 658.440
or 658.452 + } without exhausting any alternative administrative
remedies. The action may not be commenced later than two years
after the date of the violation giving rise to the right of
action. The amount of damages recoverable for each violation
under this subsection is actual damages or $1,000, whichever
amount is greater. In any such action the court may award to the
prevailing party, in addition to costs and disbursements,
reasonable attorney fees at trial and appeal.
SECTION 22. ORS 658.465 is amended to read:
658.465. (1) Any person who knowingly uses the services of an
unlicensed { - farm - } labor contractor shall be personally,
jointly and severally liable with the person acting as a
{ - farm - } labor contractor to the same extent and in the
same manner as provided in ORS 658.453 (4).
(2) { - No - } { + A + } surety insurer { - shall - }
{ + may not + } provide any bond, undertaking, recognizance or
other obligation for the purpose of securing or guaranteeing any
act, duty or obligation, or the refraining from any act with
respect to a contract using the services of a { - farm - }
labor contractor unless the { - farm - } labor contractor has
a valid license issued pursuant to ORS 658.405 to 658.503 at the
time of issuance of the bond, undertaking, recognizance or other
obligation.
SECTION 23. ORS 658.475 is amended to read:
658.475. The Commissioner of the Bureau of Labor and
Industries, or any other person, may bring an action in circuit
court to enjoin any person from using the services of an
unlicensed { - farm - } labor contractor or to enjoin any
person acting as a { - farm - } labor contractor in violation
of ORS 658.405 to 658.503, or rules promulgated pursuant thereto,
from committing future violations. The court may award to the
prevailing party costs and disbursements and a reasonable
attorney fee. In addition, the amount of damages recoverable from
a person acting as a { - farm - } labor contractor who
violates ORS 658.410 or 658.440 (1)(i) or (j) or (3)(e) is actual
damages or $2,000, whichever amount is greater.
SECTION 24. ORS 658.489 is amended to read:
658.489. (1) If a person acting as a { - farm - } labor
contractor fails, neglects or refuses to make prompt payment of a
claim for labor or services furnished by a person in connection
with a contract or agreement as such claim becomes due, the
person with whom the { + labor + } contractor has made the
contract or agreement may pay such claim to the person furnishing
the labor or services or, upon demand, may pay such claim to the
Bureau of Labor and Industries for the benefit of persons
furnishing labor and charge the amount of the payment against
funds due or to become due the { + labor + } contractor by
reason of such contract or agreement.
(2) The payment of a claim in the manner authorized in this
section shall not relieve the { + labor + } contractor or the
{ + labor + } contractor's surety from obligation with respect
to any unpaid claims.
SECTION 25. ORS 658.501 is amended to read:
658.501. ORS 658.405 to 658.503 apply to all transactions, acts
and omissions of { - farm - } labor contractors and users of
{ - farm - } labor contractors that are within the
constitutional power of the state to regulate, and not preempted
by federal law, including but not limited to the recruitment of
workers in this state to perform work outside this state, the
recruitment of workers outside of this state to perform work in
whole or in part within this state, the housing of workers in
this state for work in another state, the housing of workers from
another state in connection with work to be performed in this
state, the transportation of workers through this state and the
payment, terms and conditions, disclosure and record keeping
required with respect to work performed outside this state by
workers recruited in this state.
SECTION 26. ORS 658.503 is amended to read:
658.503. In any action arising out of the activities of an
unlicensed { - farm - } labor contractor within this state who
is not in the state or is otherwise unavailable for service of
process in this state, the unlicensed { - farm - } labor
contractor may be served by mailing a certified true copy of the
summons and complaint to:
(1) The Commissioner of the Bureau of Labor and Industries;
(2) The last-known address, if any, of the unlicensed
{ - farm - } labor contractor; and
(3) Any other address the use of which the plaintiff knows or,
on the basis of reasonable inquiry, has reason to believe is most
likely to result in actual notice.
SECTION 27. ORS 658.991 is amended to read:
658.991. (1) Violation of ORS 658.005 to 658.245 or 658.250 is
punishable, upon conviction, by a fine of not more than $250 or
by imprisonment in the county jail for not more than 60 days, or
by both.
(2) Violation of ORS 658.452 is a Class A misdemeanor.
(3) Any person who intentionally defaces, alters or changes a
license or permit to act as a { - farm - } labor contractor,
or who uses the license or permit of another or knowingly permits
that person's license or permit to be used by another, or who
acts as a
{ - farm - } labor contractor without a valid license or
permit under ORS 658.405 to 658.503, is guilty of a Class A
misdemeanor.
(4) Any person who willfully swears or affirms falsely under
ORS 658.415 (1), (2) or (3) in regard to any matter concerning
which an oath or affirmation is required, or who solicits or
induces another person to do so, whether or not the matter sworn
to or affirmed is material, is guilty of a Class A misdemeanor.
(5) Violation of ORS 658.440 (1)(f), (g) or (h), (2)(c) or
(3)(a), (b), (c), (e), (f) or (g) is a Class C misdemeanor.
(6) Any person who violates the provisions of ORS 658.410 (1)
or 658.417 (1) is guilty of a Class C felony if:
(a) The person has previously been convicted of violating the
provisions of ORS 658.410 (1) or 658.417 (1);
(b) The person's license to act as a { - farm - } labor
contractor has been suspended, revoked or denied; or
(c) The person is acting in violation of an outstanding order
of any court of competent jurisdiction arising out of the
enforcement of ORS 658.405 to 658.503.
SECTION 28. ORS 166.715 is amended to read:
166.715. As used in ORS 166.715 to 166.735, unless the context
requires otherwise:
(1) 'Documentary material' means any book, paper, document,
writing, drawing, graph, chart, photograph, phonograph record,
magnetic tape, computer printout, other data compilation from
which information can be obtained or from which information can
be translated into usable form, or other tangible item.
(2) 'Enterprise' includes any individual, sole proprietorship,
partnership, corporation, business trust or other profit or
nonprofit legal entity, and includes any union, association or
group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
(3) 'Investigative agency' means the Department of Justice or
any district attorney.
(4) 'Pattern of racketeering activity' means engaging in at
least two incidents of racketeering activity that have the same
or similar intents, results, accomplices, victims or methods of
commission or otherwise are interrelated by distinguishing
characteristics, including a nexus to the same enterprise, and
are not isolated incidents, provided at least one of such
incidents occurred after November 1, 1981, and that the last of
such incidents occurred within five years after a prior incident
of racketeering activity. Notwithstanding ORS 131.505 to 131.525
or 419A.190 or any other provision of law providing that a
previous prosecution is a bar to a subsequent prosecution,
conduct that constitutes an incident of racketeering activity may
be used to establish a pattern of racketeering activity without
regard to whether the conduct previously has been the subject of
a criminal prosecution or conviction or a juvenile court
adjudication, unless the prosecution resulted in an acquittal or
the adjudication resulted in entry of an order finding the youth
not to be within the jurisdiction of the juvenile court.
(5) 'Person' means any individual or entity capable of holding
a legal or beneficial interest in real or personal property.
(6) 'Racketeering activity' includes conduct of a person
committed both before and after the person attains the age of 18
years, and means to commit, to attempt to commit, to conspire to
commit, or to solicit, coerce or intimidate another person to
commit:
(a) Any conduct that constitutes a crime, as defined in ORS
161.515, under any of the following provisions of the Oregon
Revised Statutes:
(A) ORS 59.005 to 59.451, 59.710 to 59.830, 59.991 and 59.995,
relating to securities;
(B) ORS 162.015, 162.025 and 162.065 to 162.085, relating to
bribery and perjury;
(C) ORS 162.235, 162.265 to 162.305, 162.325, 162.335, 162.355
and 162.365, relating to obstructing governmental administration;
(D) ORS 162.405 to 162.425, relating to abuse of public office;
(E) ORS 162.455, relating to interference with legislative
operation;
(F) ORS 163.095 to 163.115, 163.118, 163.125 and 163.145,
relating to criminal homicide;
(G) ORS 163.160 to 163.205, relating to assault and related
offenses;
(H) ORS 163.225 and 163.235, relating to kidnapping;
(I) ORS 163.275, relating to coercion;
(J) ORS 163.670 to 163.693, relating to sexual conduct of
children;
(K) ORS 164.015, 164.043, 164.045, 164.055, 164.057, 164.075 to
164.095, 164.098, 164.125, 164.135, 164.140, 164.215, 164.225 and
164.245 to 164.270, relating to theft, burglary, criminal
trespass and related offenses;
(L) ORS 164.315 to 164.335, relating to arson and related
offenses;
(M) ORS 164.345 to 164.365, relating to criminal mischief;
(N) ORS 164.395 to 164.415, relating to robbery;
(O) ORS 164.865, 164.875 and 164.868 to 164.872, relating to
unlawful recording or labeling of a recording;
(P) ORS 165.007 to 165.022, 165.032 to 165.042 and 165.055 to
165.070, relating to forgery and related offenses;
(Q) ORS 165.080 to 165.109, relating to business and commercial
offenses;
(R) ORS 165.485 to 165.515, 165.540 and 165.555, relating to
communication crimes;
(S) ORS 166.180, 166.190, 166.220, 166.250, 166.270, 166.275,
166.410, 166.450 and 166.470, relating to firearms and other
weapons;
(T) ORS 164.377 (2) to (4), as punishable under ORS 164.377
(5)(b), 167.007 to 167.017, 167.054, 167.057, 167.062 to 167.080,
167.090, 167.122 to 167.137, 167.147, 167.164, 167.167, 167.212,
167.355, 167.365, 167.370, 167.428, 167.431 and 167.439, relating
to prostitution, obscenity, sexually explicit material, sexual
conduct, gambling, computer crimes involving the Oregon State
Lottery, animal fighting, forcible recovery of a fighting bird
and related offenses;
(U) ORS 171.990, relating to legislative witnesses;
(V) ORS 260.575 and 260.665, relating to election offenses;
(W) ORS 314.075, relating to income tax;
(X) ORS 180.440 (2) and 180.486 (2) and ORS chapter 323,
relating to cigarette and tobacco products taxes and the
directories developed under ORS 180.425 and 180.477;
(Y) ORS 411.630, 411.675, 411.690 and 411.840, relating to
public assistance payments, and ORS 411.990 (2) and (3);
(Z) ORS 462.140, 462.415 and 462.420 to 462.520, relating to
racing;
(AA) ORS 463.995, relating to boxing, mixed martial arts and
entertainment wrestling, as defined in ORS 463.015;
(BB) ORS 471.305, 471.360, 471.392 to 471.400, 471.403,
471.404, 471.405, 471.425, 471.442, 471.445, 471.446, 471.485,
471.490 and 471.675, relating to alcoholic liquor, and any of the
provisions of ORS chapter 471 relating to licenses issued under
the Liquor Control Act;
(CC) ORS 475.005 to 475.285 and 475.840 to 475.980, relating to
controlled substances;
(DD) ORS 480.070, 480.210, 480.215, 480.235 and 480.265,
relating to explosives;
(EE) ORS 819.010, 819.040, 822.100, 822.135 and 822.150,
relating to motor vehicles;
(FF) ORS 658.452 or 658.991 (2) to (4), relating to
{ - farm - } labor contractors;
(GG) ORS chapter 706, relating to banking law administration;
(HH) ORS chapter 714, relating to branch banking;
(II) ORS chapter 716, relating to mutual savings banks;
(JJ) ORS chapter 723, relating to credit unions;
(KK) ORS chapter 726, relating to pawnbrokers;
(LL) ORS 166.382 and 166.384, relating to destructive devices;
(MM) ORS 165.074;
(NN) ORS 86A.095 to 86A.198, relating to mortgage bankers and
mortgage brokers;
(OO) ORS chapter 496, 497 or 498, relating to wildlife;
(PP) ORS 163.355 to 163.427, relating to sexual offenses;
(QQ) ORS 166.015, relating to riot;
(RR) ORS 166.155 and 166.165, relating to intimidation;
(SS) ORS chapter 696, relating to real estate and escrow;
(TT) ORS chapter 704, relating to outfitters and guides;
(UU) ORS 165.692, relating to making a false claim for health
care payment;
(VV) ORS 162.117, relating to public investment fraud;
(WW) ORS 164.170 or 164.172;
(XX) ORS 647.140, 647.145 or 647.150, relating to trademark
counterfeiting;
(YY) ORS 164.886;
(ZZ) ORS 167.312 and 167.388;
(AAA) ORS 164.889;
(BBB) ORS 165.800; or
(CCC) ORS 163.263, 163.264 or 163.266.
(b) Any conduct defined as 'racketeering activity' under 18
U.S.C. 1961 (1)(B), (C), (D) and (E).
(7) 'Unlawful debt' means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in the state in whole or in part because the debt
was incurred or contracted:
(a) In violation of any one of the following:
(A) ORS chapter 462, relating to racing;
(B) ORS 167.108 to 167.164, relating to gambling; or
(C) ORS 82.010 to 82.170, relating to interest and usury.
(b) In gambling activity in violation of federal law or in the
business of lending money at a rate usurious under federal or
state law.
(8) Notwithstanding contrary provisions in ORS 174.060, when
this section references a statute in the Oregon Revised Statutes
that is substantially different in the nature of its essential
provisions from what the statute was when this section was
enacted, the reference shall extend to and include amendments to
the statute.
SECTION 29. { + The amendments to ORS 166.715, 658.015,
658.405, 658.407, 658.410, 658.411, 658.412, 658.415, 658.416,
658.417, 658.418, 658.420, 658.425, 658.430, 658.435, 658.437,
658.440, 658.445, 658.450, 658.452, 658.453, 658.465, 658.475,
658.489, 658.501, 658.503 and 658.991 by sections 1 to 28 of this
2011 Act become operative on July 1, 2013. + }
SECTION 30. { + Notwithstanding section 29 of this 2011 Act,
the Commissioner of the Bureau of Labor and Industries may take
any action before the operative date established by section 29 of
this 2011 Act that is necessary to enable the commissioner to
exercise, on and after the operative date, all the duties,
functions and powers conferred on the commissioner by this 2011
Act. + }
SECTION 31. { + 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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