Provides a worker-funded program to pay emergency benefits during a state of emergency declared by the Governor to unemployed independent contractors on terms similar to the terms under which employees receive regular benefits.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2711
Sponsored by Representative EVANS (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act would pay UI benefits to gig workers when an emergency is declared in this
state. (Flesch Readability Score: 70.1).
Provides a worker-funded program to pay emergency benefits during a state of emergency de-
clared by the Governor to unemployed independent contractors on terms similar to the terms under
which employees receive regular benefits. Becomes operative January 1, 2027.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to emergency benefits for independent contractors; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Sections 2 to 4 of this 2025 Act are added to and made a part of ORS chapter
657.
SECTION 2. (1) The Emergency Benefits for Independent Contractors Program is estab-
lished in the Employment Department for the purpose of providing benefits to unemployed
independent contractors, for the period of a state of emergency declared by the Governor
under ORS 401.165, on terms reasonably similar to the terms under which employees receive
regular benefits under this chapter.
(2) For weeks beginning on or after the date on which the Governor declares a state of
emergency under ORS 401.165, and through weeks ending on or before the date on which the
state of emergency ends, including any extensions of the state of emergency, an individual
is entitled to emergency benefits under this section if the individual:
(a) Is an independent contractor as defined in ORS 670.600;
(b) Is unemployed for a reason related to the event for which the Governor has declared
the state of emergency;
(c) Would be deemed “unemployed” under ORS 657.100 if the individual were not an in-
dependent contractor;
(d) Is not eligible for regular benefits under ORS 657.150, or any similar federal or state
program, but would qualify for such benefits if the individual were not an independent con-
tractor;
(e) Has made quarterly payments in accordance with section 3 of this 2025 Act; and
(f) Files a valid claim for emergency benefits under sections 2 to 4 of this 2025 Act.
(3) For purposes of sections 2 to 4 of this 2025 Act:
(a) The exclusions from “employment” provided under ORS 657.030 and 657.043 to 657.094
do not apply to services provided by an independent contractor.
(b) The location of services provided by an independent contractor shall be determined
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2983
HB 2711
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in accordance with ORS 657.035.
(c) Except for the eligibility requirements under subsection (2) of this section and ORS
657.100, emergency benefits under this section shall be subject to the same requirements and
procedures as regular benefits.
(d) The wages of an independent contractor shall be determined under ORS 657.105 and
657.115 to 657.140.
(e) Emergency benefits shall be payable in the same amounts and subject to the same
limitations as regular benefits under ORS 657.150.
(f) The eligibility conditions set forth in ORS 657.155 shall apply to an independent con-
tractor.
(g) Emergency benefits payable under sections 2 to 4 of this 2025 Act shall not be subject
to a waiting period under ORS 657.165 if waiver of the waiting period is permitted under state
or federal law.
(h) An independent contractor may be disqualified for emergency benefits in accordance
with ORS 657.176.
(i) Except as provided in subsection (4) of this section, all provisions of this chapter re-
lating to disqualification, adjudication of claims, the imposition of penalties and the recovery
of overpayments apply to emergency benefits payable to independent contractors under
sections 2 to 4 of this 2025 Act.
(j) All provisions of this chapter relating to the confidentiality and disclosure of infor-
mation apply to emergency benefits payable to independent contractors under sections 2 to
4 of this 2025 Act.
(4) If the Employment Department recovers any overpayments of emergency benefits
paid under this section, the department shall deposit the recovered amounts, and any inter-
est and penalties imposed with respect to the recovered amounts, in the Emergency Benefits
for Independent Contractors Fund established under section 4 of this 2025 Act.
(5) The Director of the Employment Department shall adopt all rules necessary to con-
form the program established under this section to the applicable provisions of this chapter.
SECTION 3.
(1)(a) An independent contractor seeking to receive emergency benefits un-
der the Emergency Benefits for Independent Contractors Program must register with the
Director of the Employment Department.
(b) The director shall approve the registration if the director determines that the indi-
vidual is an independent contractor who has worked enough hours and earned enough in
wages to qualify for emergency benefits under section 2 of this 2025 Act.
(c) The director’s determination under this subsection may not be appealed but does not
preclude an individual from seeking to register at any time.
(2) In order to be eligible for emergency benefits, an individual registered for the program
must:
(a)(A) Keep records of work contracts, hours and wages and any other information the
director prescribes by rule as necessary or convenient for the administration of the program;
(B) File reports with the Department of Revenue of the information required to be kept
by the individual under subparagraph (A) of this paragraph; and
(C) Include with the reports filed under subparagraph (B) of this paragraph quarterly
payments in amounts actuarially determined by the director by rule to be necessary to fund
emergency benefits under section 2 of this 2025 Act; and
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HB 2711
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(b) Have complied with the requirements of paragraph (a) of this subsection for the two
consecutive calendar quarters immediately preceding the date on which the individual sub-
mits a claim for emergency benefits.
(3)(a) The Department of Revenue shall deposit all quarterly payments in the Emergency
Benefits for Independent Contractors Fund established under section 4 of this 2025 Act.
(b) Emergency benefits are payable only to the extent that funds are available in the
Emergency Benefits for Independent Contractors Fund.
(4) An individual is eligible for 26 weeks of emergency benefits under sections 2 to 4 of
this 2025 Act every four years.
SECTION 4.
(1) The Emergency Benefits for Independent Contractors Fund is established
in the State Treasury, separate and distinct from the General Fund. Notwithstanding ORS
657.815 (3), all moneys in the Emergency Benefits for Independent Contractors Fund are
continuously appropriated to the Employment Department for the purposes set forth in
subsection (3) of this section.
(2) The Emergency Benefits for Independent Contractors Fund consists of:
(a) Quarterly payments made by independent contractors under section 3 of this 2025
Act;
(b) Moneys appropriated to the fund by the Legislative Assembly; and
(c) Recovered amounts deposited in the fund by the Employment Department under sec-
tion 2 (4) of this 2025 Act.
(3) Moneys in the Emergency Benefits for Independent Contractors Fund may be used
solely to pay:
(a) Emergency benefits under section 2 of this 2025 Act and under rules prescribed by the
Director of the Employment Department pursuant to section 2 of this 2025 Act; and
(b) The actual costs incurred by the department in administering sections 2 to 4 of this
2025 Act.
SECTION 5.
Sections 2 to 4 of this 2025 Act become operative on January 1, 2027.
SECTION 6. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
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