71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 400
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)
CHAPTER ................
AN ACT
Relating to systems administered by Employment Department;
creating new provisions; amending ORS 329.965; and repealing
ORS 285A.461.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 3 of this 2001 Act and ORS 329.965 are
added to and made a part of ORS chapter 657. + }
SECTION 2. ORS 329.965 is amended to read:
329.965. { + (1) As used in this section, 'participating state
agency or organization' means:
(a) The Employment Department;
(b) The Adult and Family Services Division, the Vocational
Rehabilitation Division and other divisions and offices within
the Department of Human Services that have been approved by the
Director of the Employment Department, in consultation with the
Education and Workforce Policy Advisor, to participate in the
Interagency Shared Information System;
(c) The Department of Education;
(d) The State System of Higher Education;
(e) The Department of Community Colleges and Workforce
Development; and
(f) Other state agencies, other governmental entities or
private organizations that have applied to be participating state
agencies or organizations and have been approved by the Director
of the Employment Department, in consultation with the Education
and Workforce Policy Advisor, to participate in the Interagency
Shared Information System. + }
{ - (1) - } { + (2) + } There is established the
Interagency Shared Information System. The purpose of the system
is to collect { + , analyze + } and share information for the
development of statistical and demographic data to facilitate the
creation of strategies { - to improve the education, training
and quality of Oregon's workforce - } { + for the purpose of
improving the education, training and employment programs related
to enhancing Oregon's workforce system + }. The system shall
share aggregate information with a { + participating + } state
agency { + or organization + } to allow the agency { + or
organization + } to develop policy, evaluate policy and plan and
measure performance { + for the purpose of improving the
Enrolled Senate Bill 400 (SB 400-A) Page 1
education, training and employment programs related to enhancing
Oregon's workforce system + }.
{ - (2) - } { + (3) + } The { + Director of the + }
Employment Department shall administer { + and, in consultation
with the Education and Workforce Policy Advisor, shall oversee
the development of + } the Interagency Shared Information System.
{ - The Education and Workforce Policy Advisor shall oversee the
development, implementation and monitoring of the system. - }
{ + Participating state agencies or organizations shall enter
into an interagency or other applicable agreement with the
Director of the Employment Department, as administrator of the
system, that:
(a) Establishes protocols for the collection and sharing of
data in the system;
(b) Establishes safeguards for protecting the confidentiality
of data in the system;
(c) Includes provisions regarding informed consent for sharing
information obtained from individuals; and
(d) Provides for the sharing of costs for designing and
maintaining the system. + }
{ - (3) - } { + (4) + } Every { + participating state + }
agency { + or organization + }
{ - or program that receives funding under sections 125 and
129, chapter 765, Oregon Laws 1993, and the Department of
Corrections and the Department of Consumer and Business
Services - } shall provide information to the Interagency Shared
Information System. Information shall be provided { - by the
agency or program - } in a format that encodes identifying data,
including the client's Social Security number, using a formula
unique to the { + participating state + } agency or
{ + organization + } { - program - } that shall not be
disclosed to the system. { - The information in the system is a
public record. However, the system is not the custodian of the
information for purposes of ORS 192.410 to 192.505. - }
{ + (5) In disclosing Social Security numbers to the
Interagency Shared Information System under subsection (4) of
this section, every participating state agency or organization
shall comply with any state and federal laws that govern the
collection and use of Social Security numbers by a participating
state agency or organization and any additional requirements
specified by the director, in consultation with the Education and
Workforce Policy Advisor, that are included in the agreement
entered into under subsection (3) of this section.
(6) The information in the Interagency Shared Information
System is not a public record for purposes of ORS 192.410 to
192.505. For purposes of ORS 192.410 to 192.505, the information
submitted to the system and the information received from the
system is a public record, and the custodian of such information
is the participating state agency or organization that submits or
receives the information. If the participating state agency or
organization receiving the information is not a public body, as
defined in ORS 192.410, the Employment Department shall keep a
copy of the system information sent to that entity and shall be
the custodian of that copy for purposes of ORS 192.410 to
192.505. As custodian, the Employment Department shall limit the
disclosure of, or refuse to disclose, aggregate or summary level
information when a small number of aggregated records or some
other factor creates a reasonable risk that the identity of
individuals may be discovered or disclosed. The department shall
Enrolled Senate Bill 400 (SB 400-A) Page 2
refer all other requests for disclosure of system information to
the public body that is the custodian of the information.
(7) The Employment Department may charge a reasonable fee
pursuant to ORS 192.440 for the disclosure of reports to
individuals or state agencies, governmental entities or private
organizations that submit data to the system and are not
participating state agencies or organizations.
(8) + } If a { + participating + } state agency { + or
organization + }
{ - described in this subsection - } prepares or acquires a
record that is confidential under federal or state law, including
ORS 192.502 (2), the { + participating + } state agency { + or
organization + } does not violate { + state + } confidentiality
laws by providing the information described in this section
{ + to the Interagency Shared Information System + }.
Notwithstanding the provisions of ORS 279.355 (3), 279.359 (3),
285A.446 and 657.665, the Bureau of Labor and Industries,
{ - the Job Training Partnership Act section of - } the
Department of Community Colleges and Workforce Development and
the Employment Department are authorized to provide information
to the Interagency Shared Information System.
{ - (4) - } { + (9) Notwithstanding the provisions of ORS
192.410 to 192.505, + } a { + participating + } state agency
{ + or organization + } shall not allow public access to
information received from the { + Interagency Shared
Information + } System that identifies a particular individual
unless required by law. { + Any participating state agency or
organization shall limit the disclosure of, or refuse to
disclose, aggregate or summary level information when a small
number of aggregated records or some other factor creates a
reasonable risk that the identity of individuals may be
discovered or disclosed.
(10) + } Any { - officer or employee of any of the
participating agencies - } { + individual + } who, without
proper authority, { - shall disclose - } { + discloses + }
confidential information under this section
{ - thereafter - } may be disqualified from holding any
appointment or employment with the State of Oregon. The
Employment Department shall adopt by rule procedures to prevent
disclosure of confidential information submitted to the
{ + Interagency Shared Information + } System.
SECTION 3. { + (1) The Employment Department may establish a
system for the purpose of collecting, analyzing and sharing
statistical and demographic data for the development and
reporting of the workforce system performance measures required
by the federal Workforce Investment Act of 1998 (P.L. 105-220),
and for Oregon's comprehensive workforce system-wide performance
indicators. The performance measures system is intended to share
the data, by agreement, with all Workforce Investment Act
mandatory partners and one-stop delivery system partners. The
performance measures system shall not contain data submitted
exclusively for use in the Interagency Shared Information System.
(2) The Director of the Employment Department shall administer
and, in consultation with the Education and Workforce Policy
Advisor, shall oversee the development of the performance
measures system. Mandatory and one-stop system partners, which
may include state agencies, other governmental entities and
private organizations, shall be designated as participants in the
performance measures system by rule of the Employment Department,
in consultation with the Education and Workforce Policy Advisor.
Enrolled Senate Bill 400 (SB 400-A) Page 3
Mandatory and one-stop system partners shall enter into an
interagency or other applicable agreement with the Director of
the Employment Department that:
(a) Establishes protocols for the collection and sharing of
data in the system;
(b) Establishes safeguards for protecting the confidentiality
of data in the system;
(c) Includes provisions regarding informed consent for sharing
information obtained from individuals; and
(d) Provides for the sharing of costs for maintaining the
system.
(3)(a) All individual record information in the performance
measures system shall be confidential and shall not be disclosed
as a public record pursuant to the provisions of ORS 192.410 to
192.505. As administrator of the system, the Director of the
Employment Department may view all data or individual record
information in the performance measures system. Mandatory and
one-stop system partners shall not allow public access to
information received from the system that identifies a particular
individual unless required by law. Mandatory and one-stop system
partners shall limit the disclosure of, or refuse to disclose,
aggregate or summary level information when a small number of
aggregated records or some other factor creates a reasonable risk
that the identity of individuals may be discovered or disclosed.
(b) Mandatory and one-stop system partners shall provide
information in a format that encodes identifying data, including
the client's Social Security number, using a formula unique to
the mandatory or one-stop system partner. In disclosing Social
Security numbers to the performance measures system, mandatory
and one-stop system partners shall comply with any state and
federal laws that govern the collection and use of Social
Security numbers by the mandatory or one-stop system partner and
any additional requirements specified by the director, in
consultation with the Education and Workforce Policy Advisor,
that are included in the agreement entered into under subsection
(2) of this section.
(4) The information in the performance measures system is not a
public record for purposes of ORS 192.410 to 192.505. For
purposes of ORS 192.410 to 192.505, the information submitted to
the system and the information received from the system is a
public record, and the custodian of such information is the
mandatory or one-stop system partner that submits or receives the
information. If the mandatory or one-stop system partner
receiving the information is not a public body, as defined in ORS
192.410, the Employment Department shall keep a copy of the
system information sent to that entity and shall be the custodian
of that copy for purposes of ORS 192.410 to 192.505. As
custodian, the Employment Department shall limit the disclosure
of, or refuse to disclose, aggregate or summary level information
when a small number of aggregated records or some other factor
creates a reasonable risk that the identity of individuals may be
discovered or disclosed. The department shall refer all other
requests for disclosure of system information to the public body
that is the custodian of the information.
(5) The Employment Department may charge a reasonable fee
pursuant to ORS 192.440 for the disclosure of reports containing
only aggregate data to individuals or state agencies,
governmental entities or private organizations that are not
mandatory or one-stop system partners.
Enrolled Senate Bill 400 (SB 400-A) Page 4
(6) If a mandatory or one-stop system partner prepares or
acquires a record that is confidential under federal or state
law, including ORS 192.502 (2), the mandatory or one-stop system
partner does not violate state confidentiality laws by providing
the information described in this section to the performance
measures system. Notwithstanding the provisions of ORS 279.355
(3), 279.359 (3), 285A.446 and 657.665, the Bureau of Labor and
Industries, the Department of Community Colleges and Workforce
Development and the Employment Department are authorized to
provide information to the performance measures system.
(7) Any individual who, without proper authority, discloses
confidential information under this section may be disqualified
from holding any appointment or employment with the State of
Oregon. The Employment Department shall adopt by rule procedures
to prevent disclosure of confidential information submitted to
the performance measures system. + }
SECTION 4. { + ORS 285A.461 is repealed. + }
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Passed by Senate April 19, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 31, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 400 (SB 400-A) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 400 (SB 400-A) Page 6