68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
House Bill 2237
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Dennis Luke)
CHAPTER ................
AN ACT
Relating to construction contractors; amending ORS 656.027,
701.035, 701.075, 701.135, 701.280 and 701.992.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 701.035 is amended to read:
701.035. (1) An applicant must qualify as an independent
contractor, under ORS 670.600, to register with the
{ + Construction Contractors + } Board.
(2) The board shall establish two classes of independent
contractor registration:
(a) The nonexempt class is { - a sole proprietor, partnership
or corporation with employees or a partnership without
employees. - } { + composed of the following entities:
(A) Sole proprietorships, partnerships, corporations, limited
liability companies with one or more employees; and
(B) Partnerships, corporations and limited liability companies
with more than two partners, corporate officers or members, if
any of the partners, corporate officers or members are not part
of the same family and related as parents, spouses, sisters,
brothers, daughters or sons, daughters-in-law or sons-in-law or
grandchildren. + }
(b) The exempt class is { - a sole proprietor without
employees or a corporation whose officers have selected the
option described in ORS 656.027. - } { + composed of all sole
proprietorships, partnerships, corporations and limited liability
companies that do not qualify as nonexempt. All partnerships,
corporations and limited liability companies must have an
identification number issued for federal tax purposes. + }
(3) If a registrant who qualifies for registration under
subsection (2)(b) of this section hires one or more employees
{ + or falls into any of the categories set out in subsection
(2)(a)(B) of this section, the registrant is subject to penalties
under ORS 701.992 for improper registration. The registrant must
reapply to the board in the correct class. + } { - , the
registration is invalid and reapplication shall be made. - }
(4) The decision of the board that a registrant is an
independent contractor applies only when the registrant is
performing work of the nature described in ORS 701.055 and
701.060.
SECTION 2. ORS 701.135 is amended to read:
701.135. (1) The { + Construction Contractors + } Board may
revoke, suspend or refuse to issue or reissue a certificate of
registration and the board may assess a civil penalty as provided
in ORS 701.992 if it determines after notice and opportunity for
hearing:
(a) That the registrant or applicant has violated ORS 701.055.
(b) That the registrant or applicant has failed to pay in full
any final judgment on claims adjudged by the board or by a court
of competent jurisdiction referred to in ORS 701.085.
(c) That the registrant has violated a rule or order of the
board.
(d) That the registrant has knowingly assisted an unregistered
person to act in violation of this chapter.
(e) That a lien was filed on a structure under ORS 87.010 to
87.060 and 87.075 to 87.093 because the registrant or applicant
wrongfully failed to perform a contractual duty to pay money to
the person claiming the lien.
(f) That the registrant has knowingly provided false
information to the board.
(g) That the registrant has worked without a construction
permit where such permit is required and such work resulted in a
claim filed with the board. For purposes of this paragraph, '
construction permit' includes a building permit, electrical
permit, mechanical permit or plumbing permit.
{ + (h) That the number of registered contractors working
together on the same task on the same job site, where one of the
contractors is registered exempt under ORS 701.035 (2)(b),
exceeded the following:
(A) Two sole proprietors;
(B) One partnership;
(C) One corporation; or
(D) One limited liability company. + }
(2)(a) The administrator of the board, in accordance with
administrative rules adopted by the board and after setting forth
specific reasons for such findings, may suspend or refuse to
renew a registration without hearing in any case where the
administrator finds a serious danger to the public welfare,
including but not limited to:
(A) Lack of a surety bond required by ORS 701.085;
(B) Lack of liability insurance required by ORS 701.105;
(C) Hiring employees while registered as exempt under ORS
701.035; or
(D) Conduct as a construction contractor that is dishonest or
fraudulent.
(b) If the registrant or applicant demands a hearing within 90
days after the date of notice to the registrant or applicant of
such suspension or refusal to renew, then a hearing must be
granted to the registrant or applicant as soon as practicable
after such demand, and the administrator shall issue an order
pursuant to such hearing as required by ORS 183.310 to 183.550
confirming, altering or revoking the administrator's earlier
order. Such a hearing need not be held where the order of
suspension or refusal to renew is accompanied by or is pursuant
to, a citation for violation which is subject to judicial
determination in any court of this state, and the order by its
terms will terminate in case of final judgment in favor of the
registrant or applicant.
(3) In addition to all other remedies, when it appears to the
board that a person has engaged in, or is engaging in, any act,
practice or transaction which violates the provisions of this
chapter, the board may direct the Attorney General or the
district attorney of the county in which the act, practice or
transaction occurs, to apply to the court for an injunction
restraining the person from violating the provisions of this
chapter. An injunction shall not issue for failure to maintain
Enrolled House Bill 2237 Page 2
the list provided for in ORS 701.055 (11) unless the court
determines that the failure is intentional.
SECTION 3. 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 $200.
(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) Workers of any city having a population of more than
200,000 that provides by ordinance or charter compensation
equivalent to compensation under this chapter except for the
provisions of ORS 656.802 to 656.807.
(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 registered under ORS
701.035. When labor or services are performed under contract for
remuneration, notwithstanding ORS 656.005 (28), the sole
proprietor must qualify as an independent contractor. Any sole
proprietor registered under ORS 701.035 and involved in
activities subject thereto is conclusively presumed to be an
independent contractor. + }
(8) { + Except as provided in subsection (22) 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 (23) of this
section, + } corporate officers who are directors of the
corporation and who have a substantial ownership interest in the
corporation 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 215.203 and
ORS chapter 308, corporate officer includes all individuals
identified as directors in the corporate bylaws, regardless of
Enrolled House Bill 2237 Page 3
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 { - or building and construction - } 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 { - or building and
construction - } , 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.
(10) A person performing services primarily for board and
lodging received from any religious, charitable or relief
organization.
(11) A newspaper carrier utilized in compliance with the
provisions of ORS 656.070 and 656.075.
(12) 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.
(13) 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.
(14) 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 operated as a taxicab as defined in ORS
767.025.
(15) 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.
(16) A person who performs volunteer ski patrol activities who
receives no wage other than noncash remuneration.
(17) A person 19 years of age or older who contracts with a
newspaper publishing company or independent newspaper dealer or
Enrolled House Bill 2237 Page 4
contractor to distribute newspapers to the general public and
perform or undertake any necessary or attendant functions related
thereto.
(18) A person performing foster parent or adult foster care
duties pursuant to ORS chapter 411, 418, 430 or 443.
(19) 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.
(20) A person performing services under a property tax work-off
program established under ORS 310.800.
(21) 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.
{ + (22)(a) Partners who are actively registered under ORS
701.035 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 registered under ORS chapter 701, 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 (28), the partnership
qualifies as an independent contractor. Any partnership
registered under ORS 701.035 and involved in activities subject
thereto is conclusively presumed to be an independent contractor.
(23)(a) Corporate officers who are directors of a corporation
actively registered under ORS 701.035 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 registered under ORS chapter
701, 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 (28), the corporation
qualifies as an independent contractor. Any corporation
registered under ORS 701.035 and involved in activities subject
thereto is conclusively presumed to be an independent contractor.
(24)(a) Limited liability company members who are members of a
company actively registered under ORS 701.035 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 registered under ORS chapter
701, 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.
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(b) When labor or services are performed under contract for
remuneration, notwithstanding ORS 656.005 (28), the company
qualifies as an independent contractor. Any company registered
under ORS 701.035 and involved in activities subject thereto is
conclusively presumed to be an independent contractor. + }
SECTION 3a. If either Senate Bill 63 or Senate Bill 369 becomes
law or if both Senate Bill 63 and Senate Bill 369 become law, ORS
656.027, as amended by section 3 of this Act, is further 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 $200.
(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) Workers of any city having a population of more than
200,000 that provides by ordinance or charter compensation
equivalent to compensation under this chapter except for the
provisions of ORS 656.802 to 656.807.
(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 registered under ORS 701.035.
When labor or services are performed under contract for
remuneration, notwithstanding ORS 656.005 (28), the sole
proprietor must qualify as an independent contractor. Any sole
proprietor registered under ORS 701.035 and involved in
activities subject thereto is conclusively presumed to be an
independent contractor.
(8) Except as provided in subsection { - (22) - } { +
(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
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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. + }
{ - (9) - } { + (10) + } Except as provided in subsection
{ - (23) - } { + (24) + } of this section, corporate officers
who are directors of the corporation and who have a substantial
ownership interest in the corporation 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 215.203 and
ORS chapter 308, 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.
{ - (10) - } { + (11) + } A person performing services
primarily for board and lodging received from any religious,
charitable or relief organization.
{ - (11) - } { + (12) + } A newspaper carrier utilized in
compliance with the provisions of ORS 656.070 and 656.075.
{ - (12) - } { + (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.
{ - (13) - } { + (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.
{ - (14) - } { + (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:
Enrolled House Bill 2237 Page 7
(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 operated as a taxicab as defined in ORS
767.025.
{ - (15) - } { + (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.
{ - (16) - } { + (17) + } A person who performs volunteer
ski patrol activities who receives no wage other than noncash
remuneration.
{ - (17) - } { + (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.
{ - (18) - } { + (19) + } A person performing foster parent
or adult foster care duties pursuant to ORS chapter 411, 418, 430
or 443.
{ - (19) - } { + (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.
{ - (20) - } { + (21) + } A person performing services
under a property tax work-off program established under ORS
310.800.
{ - (21) - } { + (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.
{ - (22)(a) - } { + (23)(a) + } Partners who are actively
registered under ORS 701.035 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 registered under ORS chapter
701, 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 (28), the partnership
qualifies as an independent contractor. Any partnership
registered under ORS 701.035 and involved in activities subject
thereto is conclusively presumed to be an independent contractor.
{ - (23)(a) - } { + (24)(a) + } Corporate officers who are
directors of a corporation actively registered under ORS 701.035
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,
Enrolled House Bill 2237 Page 8
daughters-in-law or sons-in-law or grandchildren, all such
officers may elect to be nonsubject workers. For all other
corporations registered under ORS chapter 701, 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 (28), the corporation
qualifies as an independent contractor. Any corporation
registered under ORS 701.035 and involved in activities subject
thereto is conclusively presumed to be an independent contractor.
{ - (24)(a) - } { + (25)(a) + } Limited liability company
members who are members of a company actively registered under
ORS 701.035 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 registered under ORS chapter 701, 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 (28), the company
qualifies as an independent contractor. Any company registered
under ORS 701.035 and involved in activities subject thereto is
conclusively presumed to be an independent contractor.
SECTION 4. ORS 701.992 is amended to read:
701.992. (1) { + Except as provided in subsection (4) of this
section, + } any person who violates any provision of this
chapter or any rule adopted thereunder shall forfeit and pay into
the General Fund of the State Treasury a civil penalty in an
amount determined by the { + Construction Contractors + } Board
of not more than $1,000 for each offense.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(3) The provisions of this section are in addition to and not
in lieu of any other penalty or sanction provided by law.
{ + (4) Penalties shall be imposed for violation of ORS
701.135 (1)(h) on both the person to whom the contract is awarded
and the person who awards the contract as follows:
(a) A fine not less than $500 nor more than $1,000 for the
first offense;
(b) A fine not less than $1,000 nor more than $2,000 for the
second offense;
(c) Suspension of registration for six months for a third
offense; and
(d) Revocation of registration for three years for a fourth
offense.
(5) The board shall provide by rule a process and criteria that
must be met for restoration of certification that has been
revoked.
(6) If at any time following restoration of registration of a
person who has violated ORS 701.135 (1)(h), the person is found
to have again violated ORS 701.135 (1)(h), the person's
registration shall be permanently revoked. + }
SECTION 5. ORS 701.280 is amended to read:
Enrolled House Bill 2237 Page 9
701.280. (1) The Construction Contractors Board shall appoint
an advisory board to be called the Construction Contractors
Training Board. The advisory board shall assist in the
development of the education standards required under subsections
(2) and (4) of this section. Members of the advisory board shall
be representatives of contractor associations or other contractor
organizations, except that one member shall represent education.
Members of the advisory board shall not be entitled to
compensation.
(2) The Construction Contractors Board shall require by rule
that applicants for registration under this chapter provide
evidence of completion of up to 16 hours of education in subjects
relating to business practices and laws that affect contractors.
(3) In adopting rules pursuant to this section, the
Construction Contractors Board shall take into consideration the
availability of training programs in areas of the state and shall
encourage training providers to use the most up-to-date
technology.
(4) As a requirement for renewing a certificate of
registration, the Construction Contractors Board shall require by
rule that contractors who have been registered with the board for
fewer than two years provide evidence of completion of up to 16
hours of education in subjects relating to business practices and
laws that affect contractors.
(5) A person who has complied with the licensing requirements
of ORS 446.395 is exempt from requirements specified pursuant to
subsections (1) to (4) of this section.
{ + (6) If a contractor suspended for violation of ORS
701.135 (1)(h) has not completed the educational requirements of
this section because of previous experience allowed under
subsection (4) of this section, the suspended registrant must
complete those requirements before being reinstated. + }
SECTION 6. ORS 701.075 is amended to read:
701.075. (1) A person who wishes to register as a contractor
shall submit an application upon a form prescribed by the { +
Construction Contractors + } Board. The application shall
include, but not be limited to, at least the following
information regarding the applicant:
(a) Classification of registration being sought.
(b) A list of unsatisfied judgments resulting from bond claims
and litigation involving the applicant or its principals within
the prior five years.
(c) Social security number.
(d) Workers' compensation insurance account number if help is
hired or traded.
(e) Unemployment insurance account number if help is hired.
(f) State withholding tax account number if help is hired.
(g) Federal employer identification number, if help is hired or
if self-employed and participating in a retirement plan.
(h) The name and address of:
(A) Each partner or venturer, if the applicant is a partnership
or joint venture.
(B) The owner, if the applicant is an individual
proprietorship.
(C) The corporate officers, if the applicant is a corporation.
(2) An applicant shall conform to the information provided by
the applicant on the application and to the terms of the
application.
(3) { + (a) + } The board shall adopt by rule an application
form that requires an applicant to indicate, as set forth in ORS
Enrolled House Bill 2237 Page 10
670.600, the basis under which the applicant qualifies as an
independent contractor.
{ + (b) The board shall require as part of the initial
application or first renewal following implementation of this
paragraph that a registrant sign a notarized acknowledgment that
if the registrant qualifies as an independent contractor:
(A) The registrant understands that the registrant and any
heirs of the registrant will not qualify for workers'
compensation or unemployment compensation; and
(B) The registrant's election to be an independent contractor
is voluntary and is not a condition of any contract entered into
by the registrant. + }
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Passed by House March 5, 1995
Repassed by House May 10, 1995
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 8, 1995
...........................................................
President of Senate
Enrolled House Bill 2237 Page 11
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled House Bill 2237 Page 12