71st OREGON LEGISLATIVE ASSEMBLY--2001 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 952
Senate Bill 399
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Employment Department)
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.
Clarifies authority of Director of Employment Department to
enter into contracts. Permits director to share confidential
information under certain circumstances.
A BILL FOR AN ACT
Relating to contracting authority of Director of Employment
Department; amending ORS 657.610, 657.657 and 657.710.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 657.610 is amended to read:
657.610. The Director of the Employment Department may:
(1) For purposes of administration and control, and with the
approval of the Governor, organize and reorganize the department
in whatever manner the director considers appropriate to carry
out the duties, functions and powers of the department.
(2) Appoint all subordinate officers and employees of the
department, whether classified or unclassified, and prescribe
their duties and compensation, subject to applicable provisions
of the State Personnel Relations Law.
(3) Delegate to departmental officers and employees such
responsibility and authority as the director determines
necessary.
(4) Determine all questions of general policy and promulgate
rules and regulations and be responsible for the administration
of this chapter.
(5) Sue and be sued in the name of the director, and shall have
a seal { - which shall bear - } { + bearing + } the name of
the Employment Department.
(6) Adopt proper rules to regulate the mode and manner of all
investigations.
(7) Prescribe the time, place and manner of making claims for
benefits under this chapter, the kind and character of notices
required thereunder and the procedure for investigating and
deciding claims.
{ + (8) Enter into contracts deemed necessary by the director
to fulfill the mission of the department. The director may enter
into contracts with other states or governments, public bodies or
persons to provide or receive services. Contracts entered into by
the director shall be executed in the name of the state, by and
through the Employment Department. + }
SECTION 2. ORS 657.610, as amended by section 138, chapter 849,
Oregon Laws 1999, is amended to read:
657.610. The Director of the Employment Department may:
(1) For purposes of administration and control, and with the
approval of the Governor, organize and reorganize the department
in whatever manner the director considers appropriate to carry
out the duties, functions and powers of the department.
(2) Appoint all subordinate officers and employees of the
department, whether classified or unclassified, and prescribe
their duties and compensation, subject to applicable provisions
of the State Personnel Relations Law.
(3) Delegate to departmental officers and employees such
responsibility and authority as the director determines
necessary.
(4) Determine all questions of general policy and promulgate
rules and regulations and be responsible for the administration
of this chapter.
(5) Sue and be sued in the name of the director, and shall have
a seal { - which shall bear - } { + bearing + } the name of
the Employment Department.
(6) Adopt proper rules to govern proceedings and to regulate
the mode and manner of all investigations and hearings before
hearing officers appointed by the director.
(7) Prescribe the time, place and manner of making claims for
benefits under this chapter, the kind and character of notices
required thereunder and the procedure for investigating and
deciding claims.
{ + (8) Enter into contracts deemed necessary by the director
to fulfill the mission of the department. The director may enter
into contracts with other states or governments, public bodies or
persons to provide or receive services. Contracts entered into by
the director shall be executed in the name of the state, by and
through the Employment Department. + }
SECTION 3. ORS 657.657 is amended to read:
657.657. (1) Subject to the approval of the Director of the
Oregon Department of Administrative Services, the Director of the
Employment Department may acquire by purchase office buildings,
make alterations, modifications or additions thereto, and
purchase land and construct thereon office buildings suitable for
use as local offices of the Director of the Employment
Department. The Director of the Employment Department, with the
approval of the Oregon Department of Administrative Services, may
acquire by purchase office space for the central offices of the
Employment Department and may expend such funds as may be
necessary for the administration of such offices.
(2) Any agreement made { + under this section + } for the
purchase of property { - pursuant to this section shall be
further subject to the approval of the Governor and shall - }
{ + may + } not subject the state to liability for payment of
the purchase price or any part or portion thereof except from
moneys allocated to the state by the United States Department of
Labor for the administration of this chapter.
(3) If the premises are purchased { - pursuant to - }
{ + under + } this section, the Director of the Employment
Department shall be housed therein, or if it is desirable to move
a local employment service office so housed, other substantially
similar space will be furnished by the state to the director
without further payment therefor by the United States.
SECTION 4. ORS 657.710 is amended to read:
657.710. (1) The Director of the Employment Department shall
establish and maintain such free public employment offices,
{ - subject to any contract, agreements or obligations entered
into or assumed under chapter 135, Oregon Laws 1935, - }
including such branch { + or affiliate + } offices { + , + } as
may be necessary for the proper administration of this
chapter { + and for participation in Oregon's workforce
investment system + }. { - The director shall maintain a
division for this purpose. - }
{ + (2) The director may enter into such contracts or
memoranda of understanding with designated workforce investment
system partners, including but not limited to other states and
governments, government entities, state agencies, units of local
government, intergovernmental entities, community colleges and
persons, as appropriate to administer the workforce investment
system.
(3) The director may enter into contracts or memoranda of
understanding to share confidential information as authorized
under federal law and regulations for purposes of a national
performance accounting system, including receiving and making
available wage records to the extent the wage records are
required by another state to carry out that state's workforce
investment system performance plan.
(4) + } All moneys made available by or received by the state
for the Oregon State Employment Service shall be paid to and
expended from the Unemployment Compensation Administration Fund.
{ - (2) - } { + (5) + } Each public agency shall provide to
the director timely information pertinent to all existing job
vacancies over which the public agency exercises employment
control and for which there will be open recruitment. Such
information shall be made available to the public by the
director. As used in this subsection { + , + } 'public agency'
has the meaning { - provided for - } { + given + } that term
in ORS 279.011.
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