Bill Text: OR SB902 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the Interagency Compliance Network; declaring an emergency.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB902 Detail]

Download: Oregon-2011-SB902-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 3777

                         Senate Bill 902

Sponsored by Senator PROZANSKI, Representative HOLVEY

                             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.

  Exempts meetings of Interagency Compliance Network and of
member agencies for Interagency Compliance Network purposes from
public meetings law.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the Interagency Compliance Network; amending ORS
  670.700; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 670.700 is amended to read:
  670.700. (1) There is established an Interagency Compliance
Network consisting of:
  (a) The Department of Justice;
  (b) The Department of Revenue;
  (c) The Employment Department;
  (d) The Department of Consumer and Business Services;
  (e) The Bureau of Labor and Industries;
  (f) The Construction Contractors Board;
  (g) The State Landscape Contractors Board; and
  (h) Other state agencies that enter into the intergovernmental
agreement as described in subsection (3) of this section.
  (2) The Interagency Compliance Network established under this
section shall:
  (a) Work to establish consistency in agency determinations
relating to the classification of workers, including but not
limited to classification of workers as independent contractors;
  (b) Gather and share information relating to persons who pay
workers in cash and who do not comply with laws relating to
taxation or employment;
  (c) Gather and share information relating to the
misclassification of workers, including but not limited to
misclassification as independent contractors;
  (d) Develop investigative methods for auditing persons who pay
workers in cash, or who misclassify workers, and who do not
comply with laws relating to taxation or employment;
  (e) Conduct joint audits of persons who pay workers in cash, or
who misclassify workers, and who do not comply with laws relating
to taxation or employment;
  (f) Identify opportunities for and obstacles to improving
compliance with the laws relating to the classification of
workers, taxation or employment;
  (g) Create a coordinated enforcement process for the laws
relating to classification of workers that is efficient, fair and
effective for the public and the regulatory agencies charged with
enforcing laws relating to taxation or employment;
  (h) Engage in public outreach efforts to educate the public
generally on the distinctions between independent contractors and
employees and on the laws and regulations governing the duties
relating to classification of workers; and
  (i) Take such other action as the member agencies deem
appropriate to improve compliance with laws relating to taxation
or employment that are administered by the member agencies.
  (3) The agencies identified in subsection (1)(a) to (g) of this
section shall enter into an intergovernmental agreement for the
purpose of coordinating the efforts of the agencies under this
section. Any other agency of state government, as defined in ORS
174.111, that has an interest in compliance with laws relating to
taxation or employment may become a member of the Interagency
Compliance Network by entering into the agreement on such terms
as may be prescribed by the agencies identified in subsection
(1)(a) to (g) of this section.
  (4) Notwithstanding ORS 314.835 or any other law relating to
confidentiality of information, any agency that is a member of
the Interagency Compliance Network may enter into an agreement
with another member agency to provide information to the other
agency.  Information provided to an agency under this subsection
may be used by the agency only for the purpose of enforcing
compliance of laws that are administered by the agency.
   { +  (5) ORS 192.610 to 192.690 do not apply to meetings of
the Interagency Compliance Network or to meetings of
representatives from member agencies of the Interagency
Compliance Network for the purposes set forth in subsection (2)
of this section. + }
  SECTION 2.  { + 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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