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 957
Senate Bill 414
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.
Changes terms unemployment compensation and unemployment
insurance to reemployment insurance.
A BILL FOR AN ACT
Relating to changing name of unemployment insurance to
reemployment insurance; creating new provisions; and amending
ORS 9.080, 25.414, 29.225, 183.310, 240.185, 279.542, 291.055,
294.725, 294.730, 294.740, 305.410, 310.800, 316.871, 329.955,
411.878, 411.886, 411.890, 411.892, 477.410, 576.306, 656.340,
657.010, 657.030, 657.144, 657.146, 657.152, 657.158, 657.179,
657.260, 657.310, 657.332, 657.333, 657.335, 657.337, 657.340,
657.357, 657.385, 657.390, 657.439, 657.458, 657.459, 657.467,
657.505, 657.507, 657.510, 657.513, 657.515, 657.520, 657.540,
657.575, 657.601, 657.608, 657.615, 657.665, 657.670, 657.695,
657.700, 657.710, 657.720, 657.730, 657.775, 657.780, 657.785,
657.805, 657.807, 657.810, 657.812, 657.813, 657.815, 657.820,
657.822, 657.825, 657.830, 657.840, 657.845, 657.880, 657.895,
657.925, 701.075 and 701.430.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds that:
(1) To more fully reflect the commitment by the State of Oregon
to the reemployment of unemployment insurance recipients, the
employer tax funded 'unemployment insurance program' shall be
known as the 'reemployment insurance program.' To best reflect
the State of Oregon's strategic focus on worker reemployment, the
terms 'unemployment insurance' and ' unemployment compensation'
shall be changed to 'reemployment insurance.' Oregon has operated
the unemployment insurance program under a historic federal-state
partnership, and by continuing to recognize federal regulations
the State of Oregon will ensure that all program provisions
remain in conformity with federal law.
(2) It is the policy of the State of Oregon to support, with
reemployment insurance program benefits and employment services,
eligible workers who become unemployed through no fault of their
own. These interrelated programs are intended to assist
unemployed workers in returning to work as soon as possible.
(3) The reemployment insurance program has five goals:
(a) To provide wage replacement in the form of reemployment
insurance benefits to eligible unemployed workers;
(b) To enhance state and local economic stability by partially
offsetting the loss of wages to the unemployed and by softening
the impact on communities of economic downturns by maintaining
purchasing power;
(c) To maintain skills of the labor force and to maintain a
stable and experienced source of labor for employers in this
state and in local communities;
(d) To highlight work search provisions that are designed to
match job seekers with available suitable jobs; and
(e) To encourage skill and wage gains of eligible workers by
payment of reemployment insurance benefits while eligible workers
are attending apprenticeship, training and educational programs.
(4) To receive reemployment insurance and to help address
particular skill needs in the economy, federal law requires that
a claimant be able to work and be available for work. The State
of Oregon also requires that a claimant be actively seeking work.
(5) The intent of the Oregon reemployment insurance program is
to recognize and to address the needs of Oregon employers who
have jobs requiring qualified workers and the needs of claimants
who are actively seeking suitable work. + }
SECTION 2. ORS 9.080 is amended to read:
9.080. (1) The state bar shall be governed by the board of
governors, except as provided in ORS 9.136 to 9.155. The board is
charged with the executive functions of the state bar and shall
at all times direct its power to the advancement of the science
of jurisprudence and the improvement of the administration of
justice. It shall have the authority to adopt, alter, amend and
repeal bylaws and to adopt new bylaws containing provisions for
the regulation and management of the affairs of the state bar not
inconsistent with law.
(2)(a) The board shall have the authority to require all active
members of the state bar engaged in the private practice of law
whose principal offices are in Oregon to carry professional
liability insurance and shall be empowered, either by itself or
in conjunction with other bar organizations, to do whatever is
necessary and convenient to implement this provision, including
the authority to own, organize and sponsor any insurance
organization authorized under the laws of the State of Oregon and
to establish a lawyer's professional liability fund. This fund
shall pay, on behalf of active members of the state bar engaged
in the private practice of law whose principal offices are in
Oregon, all sums as may be provided under such plan which any
such member shall become legally obligated to pay as money
damages because of any claim made against such member as a result
of any act or omission of such member in rendering or failing to
render professional services for others in the member's capacity
as an attorney or caused by any other person for whose acts or
omissions the member is legally responsible. The board shall have
the authority to assess each active member of the state bar
engaged in the private practice of law whose principal office is
in Oregon for contributions to such fund, to establish
definitions of coverage to be provided by such fund and to retain
or employ legal counsel to represent such fund and defend and
control the defense against any covered claim made against such
member. The board shall have the further authority to offer
optional professional liability coverage on an underwritten basis
above the minimum required coverage limits provided under such
fund, either through such fund, through a separate fund or
through any insurance organization authorized under the laws of
the State of Oregon, and may do whatever is necessary and
convenient to implement this provision. Any fund so established
shall not be subject to the Insurance Code of the State of
Oregon. Records of a claim against the fund are exempt from
disclosure under ORS 192.410 to 192.505.
(b) For purposes of paragraph (a) of this subsection, an
attorney is not engaged in the private practice of law if the
attorney is a full-time employee of a corporation other than a
corporation incorporated under ORS chapter 58, the state, an
agency or department thereof, a county, city, special district or
any other public or municipal corporation or any instrumentality
thereof. However, an attorney who practices law outside of the
attorney's full-time employment is engaged in the private
practice of law.
(c) For the purposes of paragraph (a) of this subsection, the
principal office of an attorney is considered to be the location
where the attorney engages in the private practice of law more
than 50 percent of the time engaged in that practice. In the case
of an attorney in a branch office outside Oregon and the main
office to which the branch office is connected is in Oregon, the
principal office of the attorney is not considered to be in
Oregon unless the attorney engages in the private practice of law
in Oregon more than 50 percent of the time engaged in the private
practice of law.
(3) The board may appoint such committees, officers and
employees as it deems necessary or proper and fix and pay their
compensation and necessary expenses. At any meeting of the board,
two-thirds of the total number of members then in office shall
constitute a quorum. It shall promote and encourage voluntary
county or other local bar associations.
(4) Except as provided in this subsection, an employee of the
state bar shall not be considered an 'employee' as the term is
defined in the public employees' retirement laws. However, an
employee of the state bar may, at the option of the employee, for
the purpose of becoming a member of the Public Employees
Retirement System, be considered an 'employee' as the term is
defined in the public employees' retirement laws. The option,
once exercised by written notification directed to the Public
Employees Retirement Board, may not be revoked subsequently,
except as may otherwise be provided by law. Upon receipt of such
notification by the Public Employees Retirement Board, an
employee of the state bar who would otherwise, but for the
exemption provided in this subsection, be considered an
'employee,' as the term is defined in the public employees'
retirement laws, shall be so considered. The state bar and its
employees shall be exempt from the provisions of the State
Personnel Relations Law. No member of the state bar shall be
considered an 'employee' as the term is defined in the public
employees' retirement laws, the
{ - unemployment compensation - } { + reemployment
insurance + } laws and the State Personnel Relations Law solely
by reason of membership in the state bar.
SECTION 3. ORS 25.414 is amended to read:
25.414. (1) The withholder shall withhold from the obligor's
disposable monthly income, other than workers' compensation under
ORS chapter 656 or { - unemployment compensation - }
{ + reemployment insurance benefits + }under ORS chapter 657,
the amount stated in the order to withhold. The entity issuing
the order to withhold shall compute this amount subject to the
following:
(a) If withholding is for current support only, the amount to
be withheld is the amount specified as current support in the
support order.
(b) If withholding is for current support and there is an
arrearage, the amount to be withheld is 120 percent of the amount
specified as current support in the support order.
(c) If withholding is only for arrearage, the amount to be
withheld is one of the following:
(A) The amount of the last ordered monthly support.
(B) If there is no last ordered monthly support amount, the
monthly support amount used to calculate the arrearage amount
specified in the order or judgment for arrearage.
(C) If there is no last ordered monthly support amount and if
there was no monthly support amount, an amount calculated under
the formula established under ORS 25.275. For purposes of this
subparagraph, this calculation shall be based on the obligor's
current monthly gross income or, if the obligor's current monthly
gross income is not known, the Oregon hourly minimum wage
converted to a monthly amount based upon a 40-hour workweek, zero
income for the obligee, and one joint child, regardless of how
many children the parties may actually have. No rebuttals to this
calculation may be allowed.
(d) Notwithstanding the amount determined to be withheld under
paragraph (c) of this subsection, the obligor must retain
disposable monthly income of at least 160 times the applicable
federal minimum hourly wage prescribed by section 6 (a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206) or any future
minimum hourly wages prescribed in that section.
(2) The amount to be withheld from { - unemployment
compensation - } { + reemployment insurance benefits + } under
ORS chapter 657 is calculated as follows:
(a) If withholding is for a current support order, regardless
of the existence of arrearage, the amount to be withheld is the
lesser of:
(A) Twenty-five percent of the benefits paid; or
(B) The current monthly support obligation.
(b) If withholding is for arrearage only, the amount to be
withheld is the lesser of:
(A) Fifteen percent of the benefits paid; or
(B) The amount of the last ordered monthly support.
(c) No processing fee shall be charged or collected when
withholding from { - employment compensation - } { +
reemployment insurance benefits + }.
(3) The amount to be withheld from workers' compensation under
ORS chapter 656 is set forth in ORS 656.234.
(4) Notwithstanding any other provision of this section, when
withholding is from a lump sum payment or benefit, including but
not limited to retroactive workers' compensation benefits, lump
sum retirement plan disbursements or withdrawals, insurance
payments or settlements, severance pay, bonus payments or any
other similar payments or benefits that are not periodic
recurring income, the amount subject to withholding for payment
of a support obligation may not exceed one-fourth of the amount
of the lump sum payment or benefit.
(5) Notwithstanding any other provision of this section, when
withholding is only for arrearage assigned to this or another
state, the Department of Justice may set a lesser amount to be
withheld if the obligor demonstrates the withholding is
prejudicial to the obligor's ability to provide for a child the
obligor has a duty to support. The Department of Human Services
shall adopt rules to implement this subsection.
(6) Except as provided in subsection (2) of this section, the
withholder may deduct from the obligor's disposable income a
monthly processing fee not to exceed $5. The processing fee is in
addition to the amount calculated to be withheld for support,
unless the amount to be withheld for support is the maximum
allowed under subsection (8) of this section, in which case the
fee is deducted from the amount withheld as support.
(7) If there are multiple withholding orders against the same
obligor, the amount to be withheld is the sum of each support
order calculated independently.
(8) No withholding as calculated under this section, including
the processing fee permitted in subsection (6) of this section,
shall exceed 50 percent of the obligor's net disposable income.
The limit established in this subsection applies whenever
withholding is implemented under this section, whether by a
single order or by multiple orders against the same obligor.
(9) When the obligor's income is not sufficient for the
withholder to fully comply with each withholding order, the
withholder shall withhold the maximum amount allowed under this
section. If all withholding orders for a particular obligor are
payable to or through the Department of Justice, the withholder
shall pay to the Department of Justice the income withheld and
the Department of Justice shall determine priorities for
allocating income withheld to multiple child support cases
relative to that obligor. If one or more of the withholding
orders for a particular obligor require payment other than to or
through the Department of Justice, the withholder shall use the
following to determine priorities for withholding and allocating
income withheld to multiple child support cases:
(a) If the amount withheld from the obligor's income is
sufficient to pay the current support due to each case but is not
enough to fully comply with the withholding order for each case
where past due support is owed, the withholder shall:
(A) Pay to each case the amount of support due for the current
month; and
(B) Pay the remainder of the amount withheld in equal amounts
to each case where arrearages are owed. However, no case shall
receive more than the total amount of current support and past
due support owed to that case at the time the payment is made.
(b) If the amount withheld is not sufficient to pay the current
support due to each case, each case shall be paid a proportionate
share of the amount withheld. The withholder shall determine this
for each case by dividing the monthly amount ordered as current
support for that case by the combined monthly amount ordered as
current support for all cases relative to the same obligor, and
multiplying this percentage by the total amount withheld.
(10) An order to withhold income is not subject to the
limitations of ORS 23.185.
(11) A withholder shall withhold funds as directed in the order
to withhold, except that when a withholder receives an
income-withholding order issued by another state, the withholder
shall apply the income-withholding law of the state of the
obligor's principal place of employment in determining:
(a) The withholder's fee for processing an income-withholding
order;
(b) The maximum amount permitted to be withheld from the
obligor's income;
(c) The time periods within which the withholder must implement
the income-withholding order and forward the child support
payment;
(d) The priorities for withholding and allocating income
withheld for multiple child support obligees; and
(e) Any withholding terms or conditions not specified in the
order.
SECTION 4. ORS 29.225 is amended to read:
29.225. (1) The notice of exemptions referred to in ORS 29.215
shall be in substantially the form set forth in this subsection.
Nothing in the notice form described under this subsection is
intended either to expand or restrict the law relating to exempt
property. Whether property is exempt from execution, attachment
and garnishment shall be determined by reference to other law.
The form may be modified either to provide more complete
information or to update the notice based on subsequent changes
in exemption laws. However, any such modification shall not be
required. The following form is for notice of exemption:
_________________________________________________________________
NOTICE OF EXEMPT PROPERTY
Property belonging to you may have been taken or held in order to
satisfy a claim or judgment which has been asserted or entered
against you. Important legal papers are enclosed.
YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE
CAREFULLY.
State and federal law say certain property may not be taken.
Some of the property which may not be taken is listed below.
(1) Wages or a salary as described in ORS 23.175 and 23.185
(whichever of the following amounts is more: (a) 75 percent of
your take-home wages; (b) For wages payable before June 30, 1992,
$150; (c) For wages payable before June 30, 1993, $160; or (d)
For wages payable on or after July 1, 1993, $170).
(2) Social Security (including SSI).
(3) Public assistance (welfare).
(4) Unemployment benefits { + and reemployment insurance
benefits + }.
(5) Disability benefits (other than SSI), unless the benefits
are lump sum payments on a settlement or judgment and the debt
owed is for past due support. When the debt is for past due
support, 75 percent of the lump sum payment.
(6) Workers' compensation benefits, unless the benefits are
lump sum payments on a settlement or judgment and the debt owed
is for past due support. When the debt is for past due support,
75 percent of the lump sum payment.
(7) Exempt wages, Social Security (other than SSI), welfare,
unemployment benefits { + , reemployment insurance benefits + }
and disability benefits when placed in a checking or savings
account (up to $7,500), unless the benefits are disability
benefits that are lump sum payments on a settlement or judgment
and the debt owed is for past due support. When the debt is for
past due support, 75 percent of the lump sum payment.
(8) Spousal support, child support, or separate maintenance to
the extent reasonably necessary for your support or the support
of any of your dependents.
(9) A homestead (home, farm, manufactured dwelling, houseboat)
if you live in it, to the value of $20,000 ($23,000 for a
manufactured dwelling with land included; $25,000 for any other
homestead with land included) or proceeds from its sale for one
(1) year.
(10) Household goods, furniture, radios, a television set and
utensils to $3,000.
*(11) Automobile, truck, trailer or other vehicle to $1,700.
*(12) Tools, implements, apparatus, team, harness or library
necessary to carry on your occupation to $3,000.
*(13) Books, pictures and musical instruments to $600.
*(14) Wearing apparel, jewelry and other personal items to
$1,800.
(15) Domestic animals and poultry for family use to $1,000 and
their food for 60 days.
(16) Provisions (food) and fuel for your family for 60 days.
(17) One rifle or shotgun and one pistol. The combined value of
all firearms claimed as exempt may not exceed $1,000.
(18) Public or private pensions, unless the benefits are lump
sum payments and the debt owed is for past due support. When the
debt is for past due support, 75 percent of the lump sum payment.
(19) Veterans benefits and loans, unless the benefits are lump
sum payments on a settlement or judgment and the debt owed is for
past due support. When the debt is for past due support, 75
percent of the lump sum payment.
(20) Medical assistance benefits.
(21) Health insurance proceeds and disability proceeds of life
insurance policies, unless the benefits are lump sum payments on
a settlement or judgment and the debt owed is for past due
support. When the debt is for past due support, 75 percent of the
lump sum payment.
(22) Cash surrender value of life insurance policies not
payable to your estate.
(23) Federal annuities.
(24) Other annuities to $250 per month, excess over $250 per
month subject to same exemption as wage.
(25) Professionally prescribed health aids for you or any of
your dependents.
*(26) Elderly rental assistance allowed pursuant to ORS
310.635.
*(27) Your right to receive, or property traceable to:
*(a) An award under any crime victim reparation law.
*(b) A payment or payments, not exceeding a total of $10,000,
on account of personal bodily injury suffered by you or an
individual of whom you are a dependent, unless it is a lump sum
payment on a settlement or judgment and the debt owed is for past
due support. When the debt is for past due support, 75 percent of
the lump sum payment.
*(c) A payment in compensation of loss of future earnings of
you or an individual of whom you are or were a dependent, to the
extent reasonably necessary for your support and the support of
any of your dependents, unless it is a lump sum payment on a
settlement or judgment and the debt owed is for past due support.
When the debt is for past due support, 75 percent of the lump sum
payment.
(28) Interest in personal property to the value of $400, but
this cannot be used to increase the amount of any other
exemption.
(29) The difference between what you actually owe the creditor
and the total amount due listed in the writ of garnishment, if
the amount listed in the writ is larger.
_________________________________________________________________
Note: If two or more people in your household owe the claim or
judgment, each of them may claim the exemptions marked by *.
_________________________________________________________________
You must act promptly if you want to get your money or property
back. You may seek to reclaim your exempt property by doing the
following:
(1) Fill out the form for claim of exemption that you received
with this notice.
(2) Mail or deliver the form for claim of exemption to the
clerk of the court at the address shown on the writ of
garnishment. If the writ of garnishment is a writ of continuing
garnishment, you must mail or deliver the form within 120 days
after you receive this notice. If the writ of garnishment is not
a writ of continuing garnishment, you must mail or deliver the
form within 30 days after you receive this notice.
(3) Although (2) above allows you to claim an exemption, the
law only requires the creditor to hold the money or property for
10 days before applying it to the creditor's use. You may be able
to keep the property from being used by the creditor before being
allowed a hearing by promptly following (1) and (2) above.
______
You should be prepared to explain your exemption in court. If
you have any questions, you should see an attorney.
IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO
PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE.
Penalties you could be subject to are listed in ORS 29.142.
When you file this claim of exemption, the garnishee and
Creditor will be required to pay any debt or obligation they hold
into court. They are subject to penalties if they do not. For a
more complete explanation of their responsibilities, see ORS
29.142.
_________________________________________________________________
(2) The claim of exemption form referred to in subsection (1)
of this section, ORS 29.142 and 29.215 shall be in substantially
the following form:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
)CLAIM OF EXEMPTION
Plaintiff )Case No. _____
vs. )
______
)
______
)
Defendant )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I/We claim the following described property or money as exempt
from execution:
_________________________________________________________________
_________________________________________________________________
I/We believe this property is exempt because:
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____
Name _____
Signature ___
Signature ___
Address _____
Address _____
________
________
Telephone Telephone
Number ____
Number ____
(Required) (Required)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 5. ORS 183.310 is amended to read:
183.310. As used in ORS 183.310 to 183.550:
(1) 'Agency' means any state board, commission, department, or
division thereof, or officer authorized by law to make rules or
to issue orders, except those in the legislative and judicial
branches.
(2)(a) 'Contested case' means a proceeding before an agency:
(A) In which the individual legal rights, duties or privileges
of specific parties are required by statute or Constitution to be
determined only after an agency hearing at which such specific
parties are entitled to appear and be heard;
(B) Where the agency has discretion to suspend or revoke a
right or privilege of a person;
(C) For the suspension, revocation or refusal to renew or issue
a license where the licensee or applicant for a license demands
such hearing; or
(D) Where the agency by rule or order provides for hearings
substantially of the character required by ORS 183.415, 183.425,
183.450, 183.460 and 183.470.
(b) 'Contested case' does not include proceedings in which an
agency decision rests solely on the result of a test.
(3) 'Economic effect' means the economic impact on affected
businesses by and the costs of compliance, if any, with a rule
for businesses, including but not limited to the costs of
equipment, supplies, labor and administration.
(4) 'License' includes the whole or part of any agency permit,
certificate, approval, registration or similar form of permission
required by law to pursue any commercial activity, trade,
occupation or profession.
(5)(a) 'Order' means any agency action expressed orally or in
writing directed to a named person or named persons, other than
employees, officers or members of an agency. 'Order' includes any
agency determination or decision issued in connection with a
contested case proceeding. 'Order' includes:
(A) Agency action under ORS chapter 657 making determination
for purposes of { - unemployment compensation - }
{ + reemployment insurance benefits + } of employees of the
state; and
(B) Agency action under ORS chapter 240 which grants, denies,
modifies, suspends or revokes any right or privilege of an
employee of the state.
(b) 'Final order' means final agency action expressed in
writing. 'Final order' does not include any tentative or
preliminary agency declaration or statement that:
(A) Precedes final agency action; or
(B) Does not preclude further agency consideration of the
subject matter of the statement or declaration.
(6) 'Party' means:
(a) Each person or agency entitled as of right to a hearing
before the agency;
(b) Each person or agency named by the agency to be a party; or
(c) Any person requesting to participate before the agency as a
party or in a limited party status which the agency determines
either has an interest in the outcome of the agency's proceeding
or represents a public interest in such result. The agency's
determination is subject to judicial review in the manner
provided by ORS 183.482 after the agency has issued its final
order in the proceedings.
(7) 'Person' means any individual, partnership, corporation,
association, governmental subdivision or public or private
organization of any character other than an agency.
(8) 'Rule' means any agency directive, standard, regulation or
statement of general applicability that implements, interprets or
prescribes law or policy, or describes the procedure or practice
requirements of any agency. The term includes the amendment or
repeal of a prior rule, but does not include:
(a) Unless a hearing is required by statute, internal
management directives, regulations or statements which do not
substantially affect the interests of the public:
(A) Between agencies, or their officers or their employees; or
(B) Within an agency, between its officers or between
employees.
(b) Action by agencies directed to other agencies or other
units of government which do not substantially affect the
interests of the public.
(c) Declaratory rulings issued pursuant to ORS 183.410 or
305.105.
(d) Intra-agency memoranda.
(e) Executive orders of the Governor.
(f) Rules of conduct for persons committed to the physical and
legal custody of the Department of Corrections, the violation of
which will not result in:
(A) Placement in segregation or isolation status in excess of
seven days.
(B) Institutional transfer or other transfer to secure
confinement status for disciplinary reasons.
(C) Disciplinary procedures adopted pursuant to ORS 421.180.
(9) 'Small business' means a corporation, partnership, sole
proprietorship or other legal entity formed for the purpose of
making a profit, which is independently owned and operated from
all other businesses and which has 50 or fewer employees.
SECTION 6. ORS 240.185 is amended to read:
240.185. (1) On and after January 1, 1984, the number of
persons employed by the state shall not exceed 1.5 percent of the
state's population of the prior year.
(2) The population figure shall be that required by ORS 190.510
to 190.610.
(3) This section applies to all full-time equivalent budgeted
positions.
(4) This section does not apply to the Governor, the Secretary
of State, the State Treasurer, the Supreme Court or the
Legislative Assembly in the conduct of duties vested in any of
them by the Oregon Constitution. However, this exception applies
only to the office of the Governor and not to the executive
branch of government.
(5) This section does not apply to personnel who administer
{ - unemployment - } { + reemployment + } insurance benefits
programs of the Employment Department, to personnel who
administer programs required to be implemented as a condition for
the continued certification of the Employment Division Law by the
United States Secretary of Labor or to personnel who administer
programs implemented by the United States Department of Labor
under federal law if the state is required to enter into
contracts to provide such programs.
(6) This section does not apply to personnel whose positions
are funded by the gifts, grants and contracts program in the
Department of Higher Education.
(7) In order to assess the effect of subsection (1) of this
section, the Oregon Department of Administrative Services by
December 31 of each even-numbered year shall conduct a workload
analysis of each state agency, regardless of whether the agency
is exempt from the application of subsection (1) of this section.
The workload analysis of each agency shall be submitted to the
Legislative Assembly prior to its convening in regular session
and shall accompany the agency's budget request before the Joint
Ways and Means Committee.
SECTION 7. ORS 279.542 is amended to read:
279.542. If the contract is one for which a bond, cashier's
check or certified check as provided for in ORS 279.029 is
required and the contractor fails to pay for labor or materials
or to pay claims due the State Industrial Accident Fund, the
{ - State Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund or the Department of Revenue and the
officers of the public body which let the contract fail or
neglect to require the person entering into the contract to
execute the bond, cashier's check or certified check:
(1) The State of Oregon and the officers authorizing the
contract shall be jointly liable for the labor and materials used
in the prosecution of any work under the contract, and for claims
due the State Industrial Accident Fund, the { - State
Unemployment Compensation - } { + Reemployment Insurance + }
Trust Fund and the Department of Revenue, if the contract was
entered into with the State of Oregon.
(2) The public body and the officers authorizing the contract
shall be jointly liable for the labor and materials used in the
prosecution of any work under the contract and for claims due the
State Industrial Accident Fund, the { - State Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund and
the Department of Revenue, if the contract was entered into on
behalf of a public body other than the state.
SECTION 8. ORS 291.055 is amended to read:
291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted after July 1 of any
odd-numbered year:
(a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
(b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
(c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
(e) Are rescinded on July 1 of the next following odd-numbered
year, or on adjournment sine die of the regular session of the
Legislative Assembly meeting in that year, whichever is later,
unless otherwise authorized by enabling legislation setting forth
the approved fees.
(2) This section does not apply to:
(a) Any tuition or fees charged by the State Board of Higher
Education and state institutions of higher education.
(b) Taxes or other payments made or collected from employers
for { - unemployment - } { + reemployment + } insurance
required by ORS chapter 657 or premium assessments required by
ORS 656.612 and 656.614 or contributions and assessments
calculated by cents per hour for workers' compensation coverage
required by ORS 656.506.
(c) Fees or payments required for:
(A) Health care services provided by the Oregon Health Sciences
University, by the Oregon Veterans' Homes and by other state
agencies and institutions pursuant to ORS 179.610 to 179.770.
(B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
(C) Copayments and premiums paid to the Oregon medical
assistance program.
(d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and the fee assessed is based on
actual cost of services provided.
(e) State agency charges on employees for benefits and
services.
(f) Any intergovernmental charges.
(g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
(h) Office of Energy assessments required by ORS 469.421 (8)
and 469.681.
(i) Any charges established by the Oregon State Fair and
Exposition Center in accordance with ORS 565.080 (3).
(j) Assessments on premiums charged by the Insurance Division
of the Department of Consumer and Business Services pursuant to
ORS 731.804 or fees charged by the Division of Finance and
Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS
706.530 and 723.114.
(k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
(3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be restored to their normal level if, at
the time the fee is decreased, the state agency specifies the
following:
(A) The reason for the fee decrease; and
(B) The conditions under which the fee will be restored to its
normal level.
(b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
SECTION 9. ORS 294.725 is amended to read:
294.725. For the purposes of ORS 294.725 to 294.755:
(1) 'Account balance' means the amount a political subdivision
has paid into the Local Government Employer Benefit Trust Fund
less the amount of { - unemployment - } { + reemployment
insurance + } benefits paid by the Employment Department on
behalf of the political subdivision.
(2) 'Aggregate benefit cost rate' means the total
{ - unemployment - } { + reemployment insurance + } benefits
paid during a cost rate period that is attributable to wages paid
by all political subdivisions divided by the gross wages paid to
individuals subject to ORS chapter 657 during the cost rate
period by all political subdivisions. The rate shall be expressed
as a percent and rounded to the nearest one-tenth of one percent.
(3) 'Benefit cost rate' means the total { - unemployment - }
{ + reemployment insurance + } benefits paid during a cost rate
period that is attributable to wages paid by a political
subdivision divided by gross wages paid to individuals subject to
ORS chapter 657 during the cost rate period by the political
subdivision. The rate shall be expressed as a percent and carried
to four decimal places.
(4) 'Cost rate period' means the prior three-year period ending
June 30 of each year except that with respect to June 30, 1977,
the cost rate period is the two-year period ending June 30, 1977.
(5) 'Account reserve ratio' means the account balance of the
political subdivision on June 30, divided by gross wages paid to
individuals subject to ORS chapter 657 during the four calendar
quarters ending on such June 30 by such political subdivision.
The ratio shall be expressed as a percent carried to four decimal
places.
(6) 'Department' means the Employment Department.
(7) 'Director' means the Director of the Employment Department.
(8) 'Erroneous benefit payments' means any amount paid to an
individual to which the individual is not entitled due to:
(a) Any error, whether or not due to misrepresentation or
nondisclosure of material fact by the claimant; or
(b) An initial decision to pay benefits is subsequently
reversed by a decision finding the individual was not eligible
for such benefits and such decision has become final.
(9) 'Political subdivision' means a political subdivision as
defined by ORS 657.097.
(10) 'Local Government Employer Benefit Trust Fund' or ' fund'
means the fund created by ORS 294.730.
(11) { - ' Unemployment - } { + ' Reemployment
insurance + } benefits' or ' benefits' means regular and extended
benefits paid under ORS chapter 657.
SECTION 10. ORS 294.730 is amended to read:
294.730. (1) There is created a Local Government Employer
Benefit Trust Fund, separate and distinct from the General Fund.
The State Treasurer shall be the custodian of such fund and the
fund shall consist of:
(a) All moneys received from political subdivisions under the
provisions of ORS 293.701, 294.725 to 294.755 and 657.513;
(b) Interest earned upon any moneys in the fund;
(c) Moneys transferred from other funds to cover shortages in
the fund; and
(d) All other moneys received from a political subdivision to
be applied against benefit payment charges for any period the
political subdivision has requested the Employment Department to
reimburse the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Trust Fund on its behalf.
(2) Moneys in the fund are continuously appropriated to the
department and, notwithstanding ORS 657.505, shall be the sole
source of funds for payment to the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund for
benefits attributable to a political subdivision during its
period of participation in the fund and repayment of advances and
the interest thereon due to any shortages in the fund.
(3) Interest earned upon any moneys in the fund is continuously
appropriated to the department for the payment of:
(a) Administrative expenses of ORS 293.701, 294.725 to 294.755
and 657.513 and expenses incurred in the investment of the fund
in the amount authorized by ORS 293.718;
(b) Erroneous benefit payments determined during the period in
which a political subdivision is a participant in the fund; and
(c) Benefits attributed to a political subdivision that has
ceased to exist, has no positive account balance and has no
successor.
(4) When insufficient interest exists to pay obligations under
subsection (3) of this section, such amounts may be paid from the
fund. When the fund again begins earning interest, all
obligations paid pursuant to this subsection shall be repaid to
the fund before any allocation is made under subsection (5) of
this section.
(5) As soon as possible after the end of each calendar quarter,
the State Treasurer shall review the applicable quarterly
interest earnings and payments made therefrom and distribute any
excess interest earnings to the political subdivision accounts
that had a positive balance on the last day of the applicable
quarter. Such allocation shall be in a ratio that the political
subdivision positive account balance on the last day of the
calendar quarter bears to the total balance of all political
subdivisions with positive account balances on the last day of
the calendar quarter. The amounts distributed for the quarter
ending June 30 shall be included in the account reserve ratio
determination for such June 30.
(6) The Director of the Employment Department is authorized to
requisition from the fund such amounts determined to be necessary
for the payment of benefits attributable to wages of political
subdivisions.
(7) Interest accrued each quarter on advances pursuant to
subsection (2) of this section shall be allocated each quarter to
those political subdivision accounts with a negative balance on
the last day of such calendar quarter. The allocation shall be in
a ratio that the political subdivision negative account balance
on the last day of the calendar quarter bears to the total
balance of all political subdivisions with negative account
balances on the last day of the calendar quarter. The amounts
allocated for the quarter ending June 30 shall be included in the
account reserve ratio determination for such June 30.
SECTION 11. ORS 294.740 is amended to read:
294.740. (1) The Employment Department shall refund to a
political subdivision electing to cancel its request as provided
by ORS 657.513 any account balance remaining after the department
has made all payments to the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Trust Fund required to be made
on behalf of the political subdivision.
(2) A political subdivision canceling a request having a
negative account balance shall make such additional payments into
the fund as necessary to maintain a zero account balance.
(3) Erroneous benefit payments determined after June 30, 1978,
and attributable to wages paid by a political subdivision making
payments under ORS 294.735 shall be excluded from the account
balance determination and the determination of the benefit cost
rate of that political subdivision.
SECTION 12. ORS 305.410 is amended to read:
305.410. (1) Subject only to the provisions of ORS 305.445
relating to judicial review by the Supreme Court and to
subsection (2) of this section, the tax court shall be the sole,
exclusive and final judicial authority for the hearing and
determination of all questions of law and fact arising under the
tax laws of this state. For the purposes of this section, and
except to the extent that they preclude the imposition of other
taxes, the following are not tax laws of this state:
(a) ORS 577.110 to 577.605 relating to beef council
contributions.
(b) ORS 576.051 to 576.584 relating to commodity commission
assessments.
(c) ORS chapter 477 relating to fire protection assessments.
(d) ORS chapters 731, 732, 733, 734, 737, 742, 743, 744, 746,
748 and 750 relating to insurance company fees and taxes.
(e) ORS chapter 473 relating to liquor taxes.
(f) ORS chapter 583 relating to milk marketing, production or
distribution fees.
(g) ORS chapter 825 relating to motor carrier taxes.
(h) ORS chapter 319 relating to motor vehicle and aircraft fuel
taxes.
(i) ORS title 59 relating to motor vehicle and motor vehicle
operators' license fees and ORS title 39 relating to boat
licenses.
(j) ORS chapter 578 relating to wheat commission assessments.
(k) ORS chapter 462 relating to racing taxes.
(L) ORS chapter 657 relating to { - unemployment - }
{ + reemployment + } insurance taxes.
(m) ORS chapter 656 relating to workers' compensation
contributions, assessments or fees.
(n) ORS chapter 579 relating to potato commission assessments.
(o) ORS 311.420, 311.425, 311.455, 311.650, 311.655 and ORS
chapter 312 relating to foreclosure of real and personal property
tax liens.
(2) The tax court and the circuit courts shall have concurrent
jurisdiction to try actions or suits to determine:
(a) The priority of property tax liens in relation to other
liens.
(b) The validity of any deed, conveyance, transfer or
assignment of real or personal property under ORS 95.060 and
95.070 (1983 Replacement Part) or 95.200 to 95.310 where the
Department of Revenue has or claims a lien or other interest in
the property.
(3) Except as permitted under section 2, amended Article VII,
Oregon Constitution, this section and ORS 305.445, no person
shall contest, in any action, suit or proceeding in the circuit
court or any other court, any matter within the jurisdiction of
the tax court.
SECTION 13. ORS 310.800 is amended to read:
310.800. (1) As used in this section:
(a) 'Authorized representative' means a senior citizen who is
authorized by a tax-exempt entity to perform charitable or public
service on behalf of a senior citizen who has entered into a
contract under subsection (2) of this section.
(b) 'Homestead' means an owner-occupied principal residence.
(c) 'Senior citizen' means a person who is 60 years of age or
older.
(d) 'Tax-exempt entity' means an entity that is exempt from
federal income taxes under section 501 (c) of the Internal
Revenue Code, as amended and in effect on December 31, 1998.
(e) 'Taxing unit' means any county, city or common or union
high school district, community college service district or
community college district within this state with authority to
impose ad valorem property taxes.
(2) A tax-exempt entity may establish a property tax work-off
program pursuant to which a senior citizen may contract to
perform charitable or public service in consideration of payment
of property taxes extended against the homestead of the senior
citizen and billed to the senior citizen. For purposes of ORS
chapters 316 and 656, and notwithstanding ORS 670.600 or other
law, a senior citizen who enters into a contract under this
subsection shall be considered an independent contractor and not
a worker or employee with respect to the services performed
pursuant to the contract. Nothing in this section precludes a
taxing unit from being considered an employer, for purposes of
{ - unemployment compensation - } { + reemployment
insurance + } under ORS chapter 657, of a senior citizen who
enters into a contract under this section.
(3) A taxing unit may enter into an agreement with a tax-exempt
entity that has established a property tax work-off program.
Pursuant to the agreement the taxing unit may accept, as
volunteer and public service, the services of a senior citizen
who has entered into a contract described in subsection (2) of
this section or an authorized representative.
(4) A taxing unit may provide funds or make grants to any
tax-exempt entity that has established a property tax work-off
program for use to carry out the program.
SECTION 14. ORS 316.871 is amended to read:
316.871. As used in ORS 316.871 and 316.872, unless the context
requires otherwise:
(1) 'Consideration' includes money, property or securities. If
consideration is for other than money, consideration shall mean
the amount equal to the adjusted basis to the corporation of the
property received reduced by any liability to which the property
was subject or which was assumed by the corporation as of the
time the property was received.
(2) 'Security' means any security as defined in ORS 59.015.
(3) 'Small business corporation' means a corporation that:
(a) Is organized in this state or authorized to transact
business in this state under the Oregon Business Corporation Act
and which has its primary place of business or commercial
domicile in Oregon as determined under the administrative rule of
the Department of Revenue.
(b) Had total employment of no more than 200 employees, as
measured by the number of employees covered by federal
unemployment insurance on December 31 of the year preceding
issuance of the small business stock, a majority of which
employees were covered by Oregon { - unemployment - }
{ + reemployment + } insurance on December 31 of the year
preceding acquisition of the small business stock. However, if
more than 50 percent of the outstanding equity securities of all
classes are held by another corporation, the employment of the
controlling corporation shall be counted as employment of the
eligible corporation for purposes of this paragraph.
(c) Had gross receipts for its tax year ending in the calendar
year previous to the calendar year in which the tax year of the
taxpayer claiming the credit under ORS 316.872, begins of which
not more than 25 percent were obtained from royalties, rents,
dividends, interest, annuities and sales and exchanges of
property. However, this restriction does not apply to companies
whose primary business is the sale or development of computer
software.
(d) Is not engaged primarily in the business of managing,
holding, buying or selling real property.
(e) Has not issued small business securities for consideration
in excess of $1 million. Any small business securities issued by
affiliates of the corporation as defined in section 1504 of the
Internal Revenue Code shall be aggregated with the small business
securities issued by the corporation for purposes of the $1
million limit.
(4) 'Small business security' means a security issued by a
small business corporation and purchased by a taxpayer directly
from the same small business corporation, or purchased by a
taxpayer from an underwriter which is selling the securities as
part of a plan to raise new debt or equity capital for the small
business corporation. The Department of Revenue shall, upon
request, designate those small business security issues which fit
the definition set forth in this paragraph.
SECTION 15. ORS 329.955 is amended to read:
329.955. (1) The Occupational Program Planning System is
established as the state's official occupational information
system. The system shall provide the following information:
(a) Projections of employment by occupation and by openings.
(b) Estimates of the number of unemployed by occupation.
(c) Estimates of supply of workers by occupation from
education, employment and job training programs.
(d) Statistical and narrative occupational demand and supply
analyses.
(e) Occupational employment patterns by industry.
(f) Occupational characteristics information.
(2) In cooperation with education, employment and job training
providers and the Employment Department, the system shall provide
a systematic follow-up of program providers using the Employment
Department's { - unemployment - } { + reemployment + }
insurance wage file. Follow-up information shall be provided
annually to program providers and their related state agencies.
(3) Professional technical education and other job and
employment training providers shall provide to their related
state agencies such information as is necessary to provide a
follow-up of former participants in their programs. Information
provided shall not be published so as to identify an individual.
(4) The Occupational Program Planning System shall be housed in
the Research and Statistics Section of the Employment Department.
Policy direction for the system shall be provided by the Oregon
Occupational Information Coordinating Committee, a committee of
the Education and Workforce Policy Advisor, which shall forward
required reports to appropriate state and local agencies.
(5) A report on the results of follow-up studies shall be
submitted biennially to the Education Committees of the
Legislative Assembly and to other appropriate legislative
committees.
(6) The Occupational Program Planning System shall cooperate
with the Interagency Shared Information System established under
ORS 329.965.
SECTION 16. ORS 411.878 is amended to read:
411.878. (1) In establishing and implementing a program to be
known as the JOBS Plus Program, the Legislative Assembly
recognizes that early attachment to work and development of
knowledge and skills are the most effective means of helping
people make the transition from dependence on public assistance
and subsiding in poverty to regular employment and self-reliance.
It is the intent of the Legislative Assembly to promote greater
economic self-sufficiency among Oregon families and workers by:
(a) Increasing the employability of unemployed and
underemployed Oregonians through on-the-job training;
(b) Invigorating the public-private workforce partnership
through development of jobs with both private for-profit and
public employers;
(c) Ensuring that program participants through their employment
development plans have opportunities to improve work skills,
education and employability and to establish recent work
histories with work site training, mentoring, individual
education accounts and provision of necessary support service
benefits that include child care, workers' compensation, job
placement and a guarantee that participation in the JOBS Plus
Program does not result in a reduction in net income to a
participant when compared with the participant's combined income
from the temporary assistance for needy families program, the
food stamp program and the { - unemployment - }
{ + reemployment + } insurance program; and
(d) Expeditiously placing program participants in subsidized
and unsubsidized employment.
(2) The JOBS Plus Program is created as a program in which
residents of the State of Oregon shall, in lieu of receiving food
stamp benefits and payments from the temporary assistance for
needy families program, be provided jobs and paid in a way that
promotes self-sufficiency and encourages unemployed Oregonians to
improve their positions in the workforce. Recipients of
{ - unemployment - } { + reemployment + } insurance also
shall be offered employment under the program. The JOBS Plus
Program shall be a public assistance to work strategy for the
State of Oregon and operate under the job opportunities and basic
skills program and rules adopted thereunder to the extent such
rules are not inconsistent with ORS 316.680, 411.877 to 411.896
and 657.925. These rules include but are not limited to rules
regarding participation requirements, exemptions and support
services.
SECTION 17. ORS 411.886 is amended to read:
411.886. (1) The JOBS Plus Advisory Board is established. The
board shall advise the Department of Human Services and the
Employment Department in the direction and administration of the
JOBS Plus Program established under ORS 316.680, 411.877 to
411.896 and 657.925. The board shall have seven members,
consisting of six representatives of the business community and
one employed former recipient of temporary assistance for needy
families, the food stamp program or the { - unemployment - }
{ + reemployment + } insurance program.
(2) The Governor shall appoint new members from nominees
recommended by the board.
(3) Members appointed to the board shall serve terms of three
years.
SECTION 18. ORS 411.890 is amended to read:
411.890. A JOBS Plus Implementation Council shall be
established in each Adult and Family Services Division district
to assist the JOBS Plus Advisory Board, the Department of Human
Services and the Employment Department in the administration of
the JOBS Plus Program and to allow local flexibility in dealing
with the particular needs of each county. Each council shall be
primarily responsible for recruiting and encouraging
participation of employment providers in the county. Each council
shall be composed of seven members who shall be appointed by the
county commissioners in each county in the district. Council
members shall be residents of the district in which they are
appointed and shall serve four-year terms. Six members of the
council shall be from the local business community. At least one
member shall be a current or former recipient of the temporary
assistance for needy families program, the food stamp program or
the { - unemployment - } { + reemployment + } insurance
program.
SECTION 19. ORS 411.892 is amended to read:
411.892. (1)(a) All employers, including public and private
sector employers within the State of Oregon, are eligible to
participate in the JOBS Plus Program. The Adult and Family
Services Division of the Department of Human Services shall adopt
by rule a method to disqualify employers from participating in
the program. No employer is required to participate in the JOBS
Plus Program. In the event that there are unassigned participants
whom no employer desires to utilize, the participants may be
assigned to work for a public agency.
(b) The maximum number of program participants that any
employer is authorized to receive at any one time shall not
exceed 10 percent of the total number of the employer's
employees. However, each employer may receive one participant.
The Assistant Director for Adult and Family Services may waive
the limit in special circumstances.
(c) The Department of Human Services by rule shall establish
criteria for excluding employers from participation for failure
to abide by program requirements, showing a pattern of
terminating participants prior to the completion of training or
other demonstrated unwillingness to comply with the stated intent
of the program.
(2) The department shall ensure that jobs made available to
program participants shall:
(a) Not require work in excess of 40 hours per week;
(b) Be in conformity with section 3304(a)(5) of the Federal
Unemployment Tax Act;
(c) Not be used to displace regular employees or to fill
unfilled positions previously established; and
(d) Not pay a wage that is substantially less than the wage
paid for similar jobs in the local economy with appropriate
adjustments for experience and training.
(3)(a) Eligibility for the program shall be limited to
residents who are:
(A) Adults and caretaker relatives who are receiving temporary
assistance for needy families benefits;
(B) Adult food stamp program recipients except as described in
subsection (5)(b) of this section;
(C) { - Unemployment compensation - } { + Reemployment
insurance + } recipients; and
(D) Unemployed noncaretaker parents of children who are
receiving temporary assistance for needy families benefits.
(b) In addition to those residents eligible for the program
under paragraph (a) of this subsection, additional residents who
are seeking employment may be eligible for the program if there
are legislatively allocated funds available from the savings
attributable to the program in the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund or
in the temporary assistance for needy families budget of the
Adult and Family Services Division.
(4)(a) Individuals desiring work through the program shall
contact the nearest Adult and Family Services Division office
serving the county in which they reside if they are temporary
assistance for needy families program or food stamp program
applicants or recipients or noncustodial parents of individuals
receiving temporary assistance for needy families.
{ - Unemployment - } { + Reemployment + } insurance applicants
or recipients or others seeking employment may gain access to the
program through their local Employment Department office.
(b) With the assistance of the local JOBS Plus Implementation
Councils and the JOBS Plus Advisory Board, the Department of
Human Services shall develop a job inventory of sufficient size
to accommodate all of the participants who desire to work in the
program. In consultation with the participant, the Department of
Human Services shall try to match the profile of each participant
with the needs of an employer when assigning a participant to
work with the employer.
(c) Either the employer or the participant may terminate the
assignment by contacting the appropriate department office. In
such event, the department shall reassess the needs of the
participant and assign the participant to another JOBS Plus
Program placement or another JOBS Program component and, at the
employer's request, provide the employer with another
participant.
(d)(A) If after four months in a placement, a participant has
not been hired for an unsubsidized position, the employer shall
allow the worker to undertake eight hours of job search per week.
Participating employers shall consider such time as hours worked
for the purposes of paying wages.
(B) If after six months in a placement, a participant has not
been hired for an unsubsidized position, the placement shall be
terminated, and the caseworker shall reassess the participant's
employment development plan.
(e) The Adult and Family Services Division may pay placement
and barrier removal payments to temporary assistance for needy
families and food stamp program participants as necessary to
enable participation in the JOBS Plus Program.
(f) The department shall accept eligible volunteers into the
program prior to mandating program participation by eligible
persons.
(5)(a) Assignment of participants to available jobs shall be
based on a preference schedule developed by the Department of
Human Services and the Employment Department. Any temporary
assistance for needy families recipient or food stamp recipient
may volunteer for the program.
(b) The following individuals shall not be required to
participate in the program:
(A) Temporary assistance for needy families and food stamp
recipients who are eligible for Supplemental Security Income
benefits or other ongoing state or federal maintenance benefits
based on age or disability.
(B) Food stamp applicants or recipients who are employed
full-time or are college students eligible for food stamps and
enrolled full-time in a community college or an institution of
higher education, or enrolled half-time in a community college or
an institution of higher education and working at least 20 hours
per week.
(C) Teenage parents who remain in high school if progressing
toward a diploma. Teenage parents not in school are eligible for
the JOBS Plus Program.
(c) The Department of Human Services shall provide life skills
classes and opportunities to achieve General Educational
Development (GED) certificates to appropriate participants in
conjunction with working in the JOBS Plus Program.
(d) Temporary assistance for needy families and food stamp
benefits shall be suspended at the end of the calendar month in
which an employer makes the first wage payment to a participant
who is a custodial parent in a family that receives temporary
assistance for needy families or to any adult member of a
household receiving food stamp benefits. Failure of the
participant to cooperate with the requirements of the JOBS Plus
Program may result in the participant's removal, in accordance
with rules adopted by the Department of Human Services, from the
JOBS Plus Program and suspension of the participant's temporary
assistance for needy families grant and food stamp benefits. A
temporary assistance for needy families and food stamp benefits
recipient who has been removed from the program for failing to
cooperate shall be eligible to reapply to participate in the
program and shall have eligibility for program services
determined without regard to the length of time the person was
not participating following removal.
(6)(a) Employers shall pay all participating individuals at
least the hourly rate of the Oregon minimum wage.
(b) Sick leave, holiday and vacation absences shall conform to
the individual employer's rules for temporary employees.
(c) Group health insurance benefits shall be provided by the
employer to program participants if, and to the extent that,
state or federal law requires the employer to provide such
benefits.
(d) All persons participating in the JOBS Plus Program shall be
considered to be temporary employees of the individual employer
providing the work and shall be entitled only to benefits
required by state or federal law.
(e) Employers shall provide workers' compensation coverage for
each JOBS Plus Program participant.
(7) In the event that the net monthly full-time wage paid to a
participant would be less than the level of income from the
temporary assistance for needy families program and the food
stamp benefit amount equivalent that the participant would
otherwise receive, the department shall determine and pay a
supplemental payment as necessary to provide the participant with
that level of net income. The department shall determine and pay
in advance supplemental payments to participants on a monthly
basis as necessary to ensure equivalent net program wages.
Participants shall be compensated only for time worked.
(8) In addition to and not in lieu of the payments provided for
under subsections (6) and (7) of this section, participants shall
be entitled to retain the full child support payments collected
by the Department of Justice.
(9) Program participants who are eligible for federally and
state funded medical assistance at the time they enter the
program shall remain eligible as long as they continue to
participate in the program. In conformity with existing state day
care program regulations, child day care shall be provided for
all program participants who require it.
(10) JOBS Plus Program employers shall:
(a) Endeavor to make JOBS Plus Program placements positive
learning and training experiences;
(b) Maintain health, safety and working conditions at or above
levels generally acceptable in the industry and no less than that
of comparable jobs of the employer;
(c) Provide on-the-job training to the degree necessary for the
participants to perform their duties;
(d) Recruit volunteer mentors from among their regular
employees to assist the participants in becoming oriented to work
and the workplace; and
(e) Sign an agreement to abide by all requirements of the
program, including the requirement that the program not supplant
existing jobs. All agreements shall include provisions noting the
employer's responsibility to repay reimbursements in the event
the employer violates program rules. When a professional
placement service, professional employment organization or
temporary employment agency is acting as an employer pursuant to
subsection (13) of this section, agreements under this paragraph
shall require a three-party agreement between the professional
placement service, professional employment organization or
temporary employment agency, the organization where the
participant has been placed to perform services and the State of
Oregon. The three-party agreement shall include provisions
requiring that all JOBS Plus reimbursements received by the
professional placement service, professional employment
organization or temporary employment agency be credited to the
organization where the participant has been placed to perform
services.
(11) Program participant wages shall be subject to federal and
state income taxes, social security taxes and
{ - unemployment - } { + reemployment + } insurance tax or
reimbursement as applicable under ORS chapter 657, which shall be
withheld and paid in accordance with state and federal law.
Supplemental payments made pursuant to subsection (7) of this
section shall not be subject to state income taxes under ORS
chapter 316 and, to the extent allowed by federal law, shall not
be subject to federal income taxes and social security taxes.
(12)(a) The department shall reimburse employers for the
employers' share of social security, { - unemployment - }
{ + reemployment + } insurance and workers' compensation
premiums paid on behalf of program participants, as well as the
minimum wage earnings paid to program participants by the
employer.
(b) If the department finds that an employer has violated any
of the rules of the JOBS Plus Program, the department:
(A) Shall withhold any amounts due to employers under paragraph
(a) of this subsection.
(B) May seek repayment of any amounts paid to employers under
paragraph (a) of this subsection.
(13) For purposes of this section, 'employer' shall include
professional placement services, professional employment
organizations and temporary employment agencies.
SECTION 20. ORS 477.410 is amended to read:
477.410. (1) Unless otherwise provided in a contract or
agreement, and except as provided in subsection (2) of this
section:
(a) A party to a contract or agreement under ORS 477.406, who
is performing services for the benefit of another party, is not
liable for injury or damages to persons or property inflicted by
the actions of such other party.
(b) If equipment is loaned or leased pursuant to a contract or
agreement under ORS 477.406, the party to have primary use of the
equipment under the contract or agreement is responsible for any
and all damages or loss to such equipment or for insuring the
equipment against loss or damage in a manner acceptable to the
party owning the equipment.
(c) If the services of personnel are involved pursuant to a
contract or agreement under ORS 477.406, the party to have
primary control over such personnel under the contract or
agreement shall provide such { - unemployment - }
{ + reemployment + } insurance and workers' compensation
coverage as may be required by law.
(2) Nothing in ORS 477.406 to 477.412 or in any contract or
agreement under ORS 477.406 constitutes a waiver by the State of
Oregon of its immunity from suit under section 24, Article IV of
the Oregon Constitution, in addition to any waiver otherwise
provided by law.
SECTION 21. ORS 576.306 is amended to read:
576.306. (1) The commission may contract with an independent
contractor for the performance of any services. However, the
commission may not contract with an independent contractor to
perform the discretionary functions of the commission. ORS
chapters 240 and 279 do not apply to the commission in obtaining
such services, except that no contract for such services shall
take effect until approved by the State Department of Agriculture
as provided in subsection (7) of this section.
(2) The commission may rent space or acquire supplies and
equipment from any contractor as described in subsection (1) of
this section. ORS chapters 276, 278, 279 and 283 and ORS 291.038
do not apply to such rentals or acquisitions.
(3) Except as provided in this section, a contractor described
in subsection (1) of this section shall be considered an
independent contractor and not an employee, eligible employee,
public employee or employee of the state for purposes of Oregon
law, including ORS chapters 236, 238, 240, 243, 291, 292, 316 and
652.
(4) Nothing in this section precludes the state or a commission
from being considered the employer of the contractor described in
subsection (1) of this section for purposes of
{ - unemployment compensation - } { + reemployment
insurance + } under ORS chapter 657 and ORS 670.600.
(5) A contractor described in subsection (1) of this section
shall be considered an independent contractor and not a worker
for purposes of ORS chapter 656 and ORS 670.600.
(6) A contractor described in subsection (1) of this section
shall not be considered a public official, public officer, state
officer or executive official for purposes of Oregon law,
including ORS chapters 236, 244, 292, 295 and 297 and ORS 171.725
to 171.785.
(7) The State Department of Agriculture shall review the
contract described in subsection (1) of this section for the
adequacy of the clauses pertaining to statement of work, starting
and ending dates, consideration, subcontracts, funds authorized
in the budget, amendments, termination, compliance with
applicable law, assignment and waiver, access to records,
indemnity, ownership of work product, nondiscrimination,
successors in interest, attorney fees, tax certification or
merger or any other clause the department deems necessary.
(8) The Oregon Department of Administrative Services, in
consultation with the State Department of Agriculture, shall
adopt rules necessary for the screening and selection of
independent contractors under this section.
(9) Except as provided in subsection (8) of this section, the
department may promulgate any rules necessary for the
administration and enforcement of this section.
SECTION 22. ORS 656.340 is amended to read:
656.340. (1)(a) The insurer or self-insured employer shall
cause vocational assistance to be provided to an injured worker
who is eligible for assistance in returning to work.
(b) For this purpose the insurer or self-insured employer shall
contact a worker with a claim for a disabling compensable injury
or claim for aggravation for evaluation of the worker's
eligibility for vocational assistance within five days of:
(A) Having knowledge of the worker's likely eligibility for
vocational assistance, from a medical or investigation report,
notification from the worker, or otherwise; or
(B) The time the worker is medically stationary, if the worker
has not returned to the worker's regular employment or other
suitable employment with the employer at the time of injury or
aggravation and the worker is not receiving vocational
assistance.
(c) Eligibility may be redetermined by the insurer or
self-insured employer upon receipt of new information that would
change the eligibility determination.
(2) Contact under subsection (1) of this section shall include
informing the worker about reemployment rights, the
responsibility of the worker to request reemployment, and wage
subsidy and job site modification assistance and the provisions
of the preferred worker program pursuant to rules adopted by the
Director of the Department of Consumer and Business Services.
(3) Within five days after notification that the attending
physician has released a worker to return to work, the insurer or
self-insured employer shall inform the worker about the
opportunity to seek reemployment or reinstatement under ORS
659.415 and 659.420. The insurer shall inform the employer of the
worker's reemployment rights, wage subsidy and the job site
modification assistance and the provisions of the preferred
worker program.
(4) As soon as possible, and not more than 30 days after the
contact required by subsection (1) of this section, the insurer
or self-insured employer shall cause an individual certified by
the director to provide vocational assistance to determine
whether the worker is eligible for vocational assistance. The
insurer or self-insured employer shall notify the worker of the
decision regarding the worker's eligibility for vocational
assistance. If the insurer or self-insured employer decides that
the worker is not eligible, the worker may apply to the director
for review of the decision as provided in ORS 656.283 (2). A
worker determined ineligible upon evaluation under subsection
(1)(b)(B) of this section, or because the worker's eligibility
has fully and finally expired under standards prescribed by the
director, may not be found eligible thereafter unless that
eligibility determination is rejected by the director under ORS
656.283 (2) or the worker's condition worsens so as to constitute
an aggravation claim under ORS 656.273. A worker is not entitled
to vocational assistance benefits when possible eligibility for
such benefits arises from a worsening of the worker's condition
that occurs after the expiration of the worker's aggravation
rights under ORS 656.273.
(5) The objectives of vocational assistance are to return the
worker to employment which is as close as possible to the
worker's regular employment at a wage as close as possible to the
weekly wage currently being paid for employment which was the
worker's regular employment even though the wage available
following employment may be less than the wage prescribed by
subsection (6) of this section. As used in this subsection and
subsection (6) of this section, 'regular employment' means the
employment the worker held at the time of the injury or the claim
for aggravation under ORS 656.273, whichever gave rise to the
potential eligibility for vocational assistance; or, for a worker
not employed at the time of the aggravation, the employment the
worker held on the last day of work prior to the aggravation.
(6)(a) A worker is eligible for vocational assistance if the
worker will not be able to return to the previous employment or
to any other available and suitable employment with the employer
at the time of injury or aggravation, and the worker has a
substantial handicap to employment.
(b) As used in this subsection:
(A) A 'substantial handicap to employment' exists when the
worker, because of the injury or aggravation, lacks the necessary
physical capacities, knowledge, skills and abilities to be
employed in suitable employment.
(B) 'Suitable employment' means:
(i) Employment of the kind for which the worker has the
necessary physical capacity, knowledge, skills and abilities;
(ii) Employment that is located where the worker customarily
worked or is within reasonable commuting distance of the worker's
residence; and
(iii) Employment that produces a weekly wage within 20 percent
of that currently being paid for employment that was the worker's
regular employment as defined in subsection (5) of this section.
The director shall adopt rules providing methods of calculating
the weekly wage currently being paid for the worker's regular
employment for use in determining eligibility and for providing
assistance to eligible workers. If the worker's regular
employment was seasonal or temporary, the worker's wage shall be
averaged based on a combination of the worker's earned income and
any { - unemployment - } { + reemployment + } insurance
payments. Only earned income evidenced by verifiable
documentation such as federal or state tax returns shall be used
in the calculation. Earned income does not include fringe
benefits or reimbursement of the worker's employment expenses.
(7) Vocational evaluation, help in directly obtaining
employment and training shall be available under conditions
prescribed by the director. The director may establish other
conditions for providing vocational assistance, including those
relating to the worker's availability for assistance,
participation in previous assistance programs connected with the
same claim and the nature and extent of assistance that may be
provided. Such conditions shall give preference to direct
employment assistance over training.
(8) An insurer or self-insured employer may utilize its own
staff or may engage any other individual certified by the
director to perform the vocational evaluation required by
subsection (4) of this section.
(9) The director shall adopt rules providing:
(a) Standards for and methods of certifying individuals and
authorizing vocational assistance providers qualified by
education, training, experience and plan of operation to provide
vocational assistance to injured workers;
(b) Conditions and procedures under which the certification of
an individual or the authorization of a vocational assistance
provider to provide vocational assistance services may be
suspended or revoked for failure to maintain compliance with the
certification or authorization standards;
(c) Standards for the nature and extent of services a worker
may receive, for plans for return to work and for determining
when the worker has returned to work; and
(d) Procedures, schedules and conditions relating to the
payment for services performed by a vocational assistance
provider, which shall be based on payment for specific services
performed and not fees for services performed on an hourly basis.
Fee schedules shall reflect a reasonable rate for direct worker
purchases and for all vocational assistance providers and shall
be the same within suitable geographic areas.
(10) Insurers and self-insured employers shall maintain records
and make reports to the director of vocational assistance actions
at such times and in such manner as the director may prescribe.
Such requirements shall be for the purpose of assisting the
Department of Consumer and Business Services in monitoring
compliance with this section to insure that workers receive
timely and appropriate vocational assistance. The director shall
minimize to the greatest extent possible the number, extent and
kinds of reports required. The director shall compile a list of
the organizations or agencies authorized to provide vocational
assistance. A current list shall be distributed by the director
to all insurers and self-insured employers. The insurer shall
send the list to each worker with the notice of eligibility.
(11) When a worker is eligible to receive vocational
assistance, the worker and the insurer or self-insured employer
shall attempt to agree on the choice of a vocational assistance
provider. If the worker agrees, the insurer or self-insured
employer may utilize its own staff to provide vocational
assistance. If they are unable to agree on a vocational
assistance provider, the insurer or self-insured employer shall
notify the director and the director shall select a provider. Any
change in the choice of vocational assistance provider is subject
to the approval of the director.
(12) Notwithstanding ORS 656.268, a worker actively engaged in
training may receive temporary disability compensation for a
maximum of 16 months, subject to extension to 21 months by order
of the director for good cause shown. The costs related to
vocational assistance training programs may be paid for periods
longer than 21 months, but in no event may temporary disability
benefits be paid for a period longer than 21 months.
(13) As used in this section, 'vocational assistance provider'
means a public or private organization or agency which provides
vocational assistance to injured workers.
(14)(a) Determination of eligibility for vocational assistance
does not entitle all workers to the same type or extent of
assistance.
(b) Training shall not be provided to an eligible worker solely
because the worker cannot obtain employment, otherwise suitable,
that will produce the wage prescribed in subsection (6) of this
section unless such training will enable the worker to find
employment which will produce a wage significantly closer to that
prescribed in subsection (6) of this section.
(c) Nothing in this section shall be interpreted to expand the
availability of training under this section.
(15) A physical capacities evaluation shall be performed in
conjunction with vocational assistance or determination of
eligibility for such assistance at the request of the insurer or
self-insured employer or worker. Such request shall be made to
the attending physician. The attending physician, within 20 days
of the request, shall perform a physical capacities evaluation or
refer the worker for such evaluation or advise the insurer or
self-insured employer and the worker in writing that the injured
worker is incapable of participating in a physical capacities
evaluation.
SECTION 23. ORS 657.010 is amended to read:
657.010. As used in this chapter, unless the context requires
otherwise:
(1) 'Base year' means the first four of the last five completed
calendar quarters preceding the benefit year.
(2) 'Benefits' means the money allowances payable to unemployed
persons under this chapter.
(3) 'Benefit year' means a period of 52 consecutive weeks
commencing with the first week with respect to which an
individual files an initial valid claim for benefits, and
thereafter the 52 consecutive weeks period beginning with the
first week with respect to which the individual next files an
initial valid claim after the termination of the individual's
last preceding benefit year except that the benefit year shall be
53 weeks if the filing of an initial valid claim would result in
overlapping any quarter of the base year of a previously filed
initial valid claim.
(4) 'Calendar quarter' means the period of three consecutive
calendar months ending on March 31, June 30, September 30 or
December 31, or the approximate equivalent thereof, as the
director may, by regulation, prescribe.
(5) 'Director' means the Director of the Employment Department.
(6) 'Taxes' means the money payments to the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund
required, or voluntary payments permitted, by this chapter.
(7) 'Employment office' means a free public employment office
or branch thereof, operated by this state or maintained as a part
of a state-controlled system of public employment offices.
(8) 'Fund' means the { - Unemployment Compensation - } { +
Reemployment Insurance + } Trust Fund.
(9) 'State' includes, in addition to the states of the United
States of America, the District of Columbia and Puerto Rico.
However, for all purposes of this chapter the Virgin Islands
shall be considered a state on and after the day on which the
United States Secretary of Labor first approves the Virgin
Islands' law under section 3304(a) of the Federal Unemployment
Tax Act as amended by Public Law 94-566.
(10) 'Week' means any period of seven consecutive calendar days
ending at midnight, as the director may, by regulation,
prescribe. The director may by regulation prescribe that a '
week' shall be 'in,' 'within,' or 'during' that calendar quarter
which includes the greater part of such week.
(11) 'Contribution' or 'contributions' means the taxes, as
defined in subsection (6) of this section, which are the money
payments required by this chapter, or voluntary payments
permitted, to be made to the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Trust Fund.
(12) 'Valid claim' means any claim for benefits made in
accordance with ORS 657.260 if the individual meets the
wages-paid-for-employment requirements of ORS 657.150.
(13) 'Department' means the Employment Department.
(14) 'Institution of higher education' means an educational
institution which:
(a) Admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent of such a certificate;
(b) Is legally authorized in this state to provide a program of
education beyond high school;
(c) Provides an educational program for which it awards a
bachelor's or higher degree, or provides a program which is
acceptable for full credit towards such a degree, a program of
post-graduate or post-doctoral studies, or a program of training
to prepare students for gainful employment in a recognized
occupation; and
(d) Is a public or other nonprofit institution.
(15) 'Hospital' means an organization which has been licensed,
certified or approved by the Health Division as a hospital.
(16) 'Educational institution,' including an institution of
higher education as defined in subsection (14) of this section,
means an institution:
(a) In which participants, trainees or students are offered an
organized course of study or training designed to transfer to
them knowledge, skills, information, doctrines, attitudes or
abilities from, by or under the guidance of an instructor or
teacher; and
(b) Which is accredited, registered, approved, licensed or
issued a permit to operate as a school by the Department of
Education or other government agency, or which offers courses for
credit that are transferable to an approved, registered or
accredited school; and
(c) In which the course or courses of study or training which
it offers may be academic, technical, trade or preparation for
gainful employment in a recognized occupation; and
(d) In which the course or courses of study or training are
offered on a regular and continuing basis.
SECTION 24. ORS 657.030 is amended to read:
657.030. (1) As used in this chapter, unless the context
requires otherwise, and subject to ORS 657.035, 657.040 and
657.045 to 657.094, or any other section which excludes services
from the term 'employment,' 'employment' means service for an
employer, including service in interstate commerce, within or
outside of the United States, performed for remuneration or under
any contract of hire, written or oral, express or implied.
(2) Notwithstanding any other provisions of this chapter, '
employment' shall include service:
(a) Which is subject to the tax imposed by the Federal
Unemployment Tax Act; or
(b) Which is required to be covered under this chapter as a
condition for employers to receive a full tax credit against the
tax imposed by the Federal Unemployment Tax Act.
(3) Notwithstanding subsections (1) and (2) of this section, '
employment' does not include:
(a) Service performed in the employ of a school, college or
university, if such service is performed by a student who is
enrolled and is regularly attending classes at such school,
college or university, or by the spouse of such a student, if
such spouse is advised at the time such spouse commences to
perform such service, that the employment of such spouse to
perform such service is provided under a program to provide
financial assistance to such student by such school, college, or
university, and such employment will not be covered by any
program of
{ - unemployment - } { + reemployment + } insurance.
(b) Service performed in the employ of a hospital, if such
service is performed by a patient of such hospital.
(c) Service performed as a student nurse in the employ of a
hospital or a nurses' training school by an individual who is
enrolled in a nurses' training school chartered or approved
pursuant to the laws of this state.
(d) Service performed by an individual who is enrolled at a
nonprofit or public educational institution which normally
maintains a regular faculty and curriculum and normally has a
regularly organized body of students in attendance at the place
where its educational activities are carried on as a student in a
full-time program, taken for credit at such institution, which
combines academic instruction with work experience, if such
service is an integral part of such program, and such program has
been approved by the Director of the Employment Department, and
such institution has so certified to the employer, except that
this paragraph shall not apply to service performed in a program
established for or on behalf of an employer or group of
employers.
(e) Service performed by a full-time student in the employ of
an organized camp described in section 3306(c)(20) of the
Internal Revenue Code:
(A) If such camp:
(i) Did not operate for more than seven months in the calendar
year and did not operate more than seven months in the preceding
calendar year; or
(ii) Had average gross receipts for any six months in the
preceding calendar year which were not more than 33-1/3 percent
of its average gross receipts for the other six months in the
preceding calendar year; and
(B) If such full-time student performed services in the employ
of such camp for less than 13 calendar weeks in such calendar
year.
(4) As used in subsection (3)(e) of this section, an individual
shall be treated as a full-time student for any period:
(a) During which the individual is enrolled as a full-time
student at an educational institution; or
(b) Which is between academic years or terms if:
(A) The individual was enrolled as a full-time student at an
educational institution for the immediately preceding academic
year or term; and
(B) There is a reasonable assurance that the individual will be
so enrolled for the immediately succeeding academic year or term
after the period described in subparagraph (A) of this paragraph.
SECTION 25. ORS 657.144 is amended to read:
657.144. An individual filing a new claim for benefits under
this chapter shall, at the time the claim is filed with the
Employment Department, be advised that:
(1) Benefits are subject to federal and state income tax;
(2) Federal and state law may require that a recipient of
benefits make quarterly estimated tax payments during the tax
year in which the benefits are received;
(3) Federal and state law may impose penalties on a recipient
of benefits for the failure to timely make estimated tax
payments; and
(4) A recipient of benefits may elect under ORS 657.146 to have
amounts withheld from the recipient's payment of benefits for
federal and state income tax purposes at the amount specified in:
(a) The federal Internal Revenue Code for the voluntary
withholding of unemployment benefits for federal income tax
purposes; and
(b) ORS 657.146 for the voluntary withholding of
{ - unemployment - } { + reemployment insurance + } benefits
for state income tax purposes.
SECTION 26. ORS 657.146 is amended to read:
657.146. (1) A claimant may elect to have an amount withheld
from benefits otherwise payable to the claimant.
(2) An election made under this section shall be on such form
and in such manner as prescribed by the Employment Department.
(3) A claimant making an election under this section may
terminate the election at any time.
(4) The amount to be withheld by the Employment Department from
a payment of benefits to a claimant making the election under
this section shall be the total of:
(a) The amount determined under the rules of the federal
Internal Revenue Code relating to the voluntary withholding of
amounts from unemployment benefits, for federal income tax
purposes; and
(b) An amount equal to six percent of the payment to which the
claimant would be entitled but for the election made under this
section, for state income tax purposes.
(5) Amounts withheld by the Employment Department pursuant to
an election made under this section shall remain in the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund established under ORS 657.805. Those
amounts allocable to federal income tax withholding shall be
transferred by the Employment Department to the federal Internal
Revenue Service in the time and manner provided by federal law
and those amounts allocable to state income tax withholding shall
be transferred to the Department of Revenue in the time and
manner provided by the Department of Revenue by rule.
SECTION 27. ORS 657.152 is amended to read:
657.152. Notwithstanding any other provision of this chapter to
the contrary, any amount of { - unemployment compensation - }
{ + reemployment insurance + } payable to any individual for
any week if not an even dollar amount, shall be rounded to the
next lower full dollar amount.
SECTION 28. ORS 657.158 is amended to read:
657.158. (1) As used in this section:
(a) 'Regular benefits' means benefits payable to an individual
under this chapter, including benefits payable to federal
civilian employees and to ex-servicemembers under 5 U.S.C.
chapter 85, but not including additional benefits or extended
benefits payable under ORS 657.321 to 657.329 or 657.331 to
657.334.
(b) 'Self-employment assistance activities' means activities
approved by the Director of the Employment Department in which
individuals, identified under ORS 657.156 as likely to exhaust
benefits, participate for the purpose of enabling those
individuals to establish a business and become self-employed. '
Self-employment assistance activities' includes, but is not
limited to, entrepreneurial training, business counseling and
technical assistance.
(c) 'Self-employment assistance allowance' means an amount,
payable in lieu of regular benefits under this chapter, to an
individual participating in self-employment assistance activities
in accordance with this section. Self-employment assistance
allowance amounts shall be paid from the { - Unemployment
Compensation - } { + Reemployment Insurance + } Benefit Fund.
(2) The weekly amount of the self-employment assistance
allowance payable to an individual is equal to the weekly regular
benefit amount. The sum of the self-employed assistance allowance
paid under this section and the regular benefits paid under this
chapter with respect to any benefit year shall not exceed the
maximum benefit amount payable under ORS 657.150 (5) with respect
to that benefit year.
(3) The self-employment assistance allowance shall be payable
to an individual at the same intervals and on the same terms and
conditions as regular benefits under this chapter except that:
(a) The provisions of this chapter regarding being available
for work, actively seeking work and refusing to accept suitable
work are not applicable to such an individual.
(b) The provisions of ORS 657.150 (6) relating to remuneration
for services performed are not applicable to income earned from
self-employment by such an individual.
(c) An individual participating in self-employment assistance
activities shall be considered to be unemployed under ORS
657.100.
(d) An individual who fails to participate in self-employment
assistance activities or who fails actively to engage on a
full-time basis in establishing a business and becoming
self-employed is ineligible to receive the self-employment
assistance allowance for each week in which such failure occurs.
(4) The number of individuals receiving the self-employment
assistance allowance at any time shall not exceed five percent of
the number of individuals receiving regular benefits.
(5) The self-employment assistance allowance shall be charged
to employers in the manner provided in this chapter for the
charging of regular benefits.
(6) In adopting rules to carry out the provisions of this
section, the director, insofar as practicable, shall comply with
rules and policies of the United States Department of Labor.
(7) The provisions of this section apply to weeks beginning
after the date of enactment of federal law authorizing this
section or the date of any required plan adopted by the United
States Department of Labor, whichever date is later. The
authority under this section terminates at the end of the week
preceding the date when federal law no longer authorizes this
section, unless that date is on a Saturday in which case the
authority terminates on that date.
SECTION 29. ORS 657.179 is amended to read:
657.179. (1) Notwithstanding provisions of this chapter
relating to being available for work, actively seeking work or
refusing to accept work, an unemployed individual otherwise
eligible for { - unemployment - } { + reemployment + }
insurance benefits shall not be denied benefits because the
individual is in training approved under Section 236 (a)(1) of
the Trade Act of 1974; nor shall such individual be denied
benefits by reason of leaving work to enter such training if the
work left is not suitable work.
(2) As used in this section 'suitable work' means work of a
substantially equal or higher skill level than the individual's
past adversely affected employment (as defined for purposes of
the Trade Act of 1974). Such work must pay wages which equal or
exceed 80 percent of the individual's average weekly wage as
determined for the purposes of the Trade Act of 1974.
SECTION 30. ORS 657.260 is amended to read:
657.260. (1) Claims for benefits shall be filed in accordance
with such regulations as the Director of the Employment
Department may prescribe.
(2) Each employer shall post and maintain printed statements
concerning such regulations or such other matters as the director
may by regulation prescribe in places readily accessible to
individuals in the employer's service and shall make available to
each such individual copies of printed statements or materials
relating to claims for benefits as the director may by regulation
prescribe. The printed statement shall include notice to the
workers in plain language of the potential disqualification from
receipt of benefits for voluntarily leaving work or being
discharged. Such printed statements shall be supplied by the
director to each employer without cost to the employer.
(3) The director shall make available to claimants, a printed
statement that it is an unlawful employment practice for an
employer to discharge, demote, suspend or in any manner
discriminate or retaliate against an employee with regard to
promotion, compensation or other terms, conditions or privileges
of employment for the reason that the employee has testified at
{ - an unemployment compensation - } { + a reemployment
insurance benefits + } hearing or other hearing conducted
pursuant to this chapter.
(4) Every person making a claim shall certify that the person
has not, during the week with respect to which benefits are
claimed, received or earned wages or compensation for any
employment, whether subject to this chapter or not, otherwise
than as specified in the claim.
SECTION 31. ORS 657.310 is amended to read:
657.310. (1) Any person who makes, or causes to be made, a
false statement or representation of, or fails to disclose, a
material fact, and as a result thereof has received any amount as
benefits under this chapter to which the person was not entitled
shall, irrespective of the knowledge or intent of the person, if
the existence of such nondisclosure or misrepresentation has been
found in connection with a decision which was made and has become
final pursuant to this chapter, be liable to repay such amount to
the Director of the Employment Department for the fund or to have
such amount deducted from any future benefits payable to the
person under this chapter.
(2) No decision shall be construed to authorize the recovery of
the amount of any benefits paid to a claimant unless such
decision specifies that the claimant is liable to repay the same
to the fund by reason of the nondisclosure or misrepresentation
of a material fact, the nature of such nondisclosure or
misrepresentation, and the week or weeks for which such benefits
were paid, nor until such decision has become final.
(3) Any amount subject to recovery under this section may be
collected by the Director of the Employment Department in a civil
action against the individual brought in the name of the director
and judgment rendered shall bear interest at the rate provided in
subsection (4) of this section. The amount subject to repayment
collected shall be paid into the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund.
(4) Interest on any amount liable to be repaid under this
section shall be paid and collected at the same time repayment of
benefits is made by the individual to the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund, at
the rate of one percent per month beginning on the first day of
the month following 60 days after the finality of the
administrative decision establishing the overpayment. In
computing interest under this subsection, a fraction of a month
shall be counted as a full month.
(5) Offsets from { - unemployment - } { + reemployment + }
insurance benefits shall be applied solely to the amount of the
benefits liable to be repaid under this section. All other
payments shall be applied first to court costs, then to interest,
then to the amount liable to be repaid.
(6) Interest collected pursuant to this section shall be paid
into the Employment Department Special Fraud Control Fund in
accordance with the provisions of ORS 657.400.
SECTION 32. ORS 657.332 is amended to read:
657.332. During an additional benefit period an individual who
has exhausted regular benefits pursuant to this chapter with
respect to a week which begins subsequent to August 9, 1983, and
who continues to otherwise meet the eligibility requirements for
regular benefits under the provisions of this chapter, and who is
not eligible for any other unemployment benefits, including
benefits provided for by any federal law extending benefits
beyond those provided for as regular benefits or extended
benefits, may receive additional benefits for weeks subsequent to
August 9, 1983, in an amount equal to the weekly benefit amount
of the individual's most recent regular { - unemployment - }
{ + reemployment insurance + } benefit claim subject to the
provisions of this chapter. The maximum additional benefits an
individual may receive under ORS 657.331 to 657.334 is 25 percent
of the most recent regular
{ - unemployment - } { + reemployment insurance + } benefit
claim.
SECTION 33. ORS 657.333 is amended to read:
657.333. No employer's account shall be charged for additional
benefits paid to an unemployed individual under ORS 657.331 to
657.334. However, nothing in this section shall be construed to
relieve the state, reimbursing political subdivisions or
reimbursing nonprofit employers from paying into the
{ - unemployment - } { + Reemployment + } Insurance Trust
Fund an amount equal to the additional benefits paid to an
unemployed individual under ORS 657.331 to 657.334.
SECTION 34. ORS 657.335 is amended to read:
657.335. As used in ORS 657.335 to 657.360:
(1) 'Eligible dislocated workers' means individuals who:
(a) Have been terminated or laid off or who have received a
notice of termination or layoff, are eligible for or have
exhausted their { - entitlement to unemployment
compensation - } { + eligibility for reemployment insurance + }
and are unlikely to return to their previous industry or
occupation;
(b) Have been terminated or have received a notice of
termination of employment, as a result of any permanent closure
of or any substantial layoff at a plant, facility or enterprise;
(c) Are long term unemployed and have limited opportunities for
employment or reemployment in the same or a similar occupation in
the area in which such individuals reside, including older
individuals who may have substantial barriers to employment by
reason of age; or
(d) Were self-employed, including farmers and ranchers, and are
unemployed as a result of general economic conditions in the
community in which they reside or because of natural disasters.
(2) 'Professional technical training' means professional and
technical training or retraining and basic education, including
literacy skills, designed to prepare individuals for gainful
employment in recognized or new occupations or to prepare
individuals to become self-employed. The term does not include
programs of instruction for an individual (including transfer
credit programs of instruction given at community colleges) which
are primarily intended to lead toward a baccalaureate or higher
degree or training that has for its purpose the preparation of
individuals for employment in occupations which require a
baccalaureate or higher degree from institutions of higher
education unless approved by the Director of the Employment
Department.
SECTION 35. ORS 657.337 is amended to read:
657.337. (1) The state's economic stability is often threatened
when workers are being displaced from the workforce and the
workers and their families face hardship and serious social and
health problems.
(2) The policy of the state is to promote workforce development
by providing eligible dislocated workers with
{ - unemployment compensation - } { + reemployment
insurance + } and related benefits while they are receiving
professional technical training so that they can continue to care
for their families and obtain employment.
(3) The Employment Department and the Job Training Partnership
Act section of the Department of Community Colleges and Workforce
Development will implement the necessary strategies, systems and
structures which will provide consolidated, streamlined delivery
of these services to dislocated workers.
(4) It is the policy of the state to encourage the movement of
workers into higher wage jobs.
(5) It is the policy of the state to make the best use of
currently existing service delivery vehicles, training programs
and assessment devices to provide services to eligible dislocated
workers.
(6) In order to assist eligible dislocated workers to continue
or complete professional technical training, individuals who meet
the requirements of ORS 657.335 to 657.360 are eligible for
supplemental benefits as provided in ORS 657.340, except that the
total amount of benefits payable from the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund
shall not exceed $12 million, for the biennium beginning July 1,
1995.
SECTION 36. ORS 657.340 is amended to read:
657.340. (1) Dislocated workers approved for professional
technical training shall not be denied { - unemployment - }
{ + reemployment + } insurance benefits solely because they are
attending professional technical training, nor shall such
individual be denied benefits by reason of leaving work to enter
such training if the work left was part-time or temporary or paid
less than 80 percent of the individual's average weekly wage
during the base year.
(2) Notwithstanding provisions of this chapter relating to
availability for work, actively seeking work or refusal to accept
suitable work, dislocated workers approved for professional
technical training and otherwise eligible for benefits shall not
be ineligible for such benefits or waiting week credit because of
attendance in professional technical training.
(3) Eligible dislocated workers who file valid
{ - unemployment compensation - } { + reemployment
insurance + } claims, upon exhaustion of regular benefits, are
eligible, subject to the availability of funds, for supplemental
benefits from 1 to 39 times the individual's most recent weekly
benefit amount based upon the amount needed to continue or
complete approved professional technical training. Supplemental
benefits shall be paid under the same terms and conditions as
regular benefits under this chapter, except that the Director of
the Employment Department may extend the benefit year of an
individual attending an approved professional technical training
program a sufficient number of weeks, but not more than 52 weeks,
to allow the individual to complete the training program.
Supplemental benefits under ORS 657.335 to 657.360 may be paid
only when the eligible dislocated worker is not eligible to
receive extended benefits as provided in ORS 657.321 to 657.329
or additional benefits as provided in ORS 657.331 to 657.334.
(4) The receipt of supplemental benefits is conditioned upon
the individual's demonstrating satisfactory progress and
attendance in professional technical training.
SECTION 37. ORS 657.357 is amended to read:
657.357. Notwithstanding the requirements or restrictions of
ORS 657.335 to 657.360 or the provisions of this chapter relating
to availability for work, actively seeking work or refusal to
accept suitable work, an unemployed individual participating in
an apprenticeship program who is otherwise eligible for
{ - unemployment - } { + reemployment + } insurance benefits
shall not be ineligible for such benefits or waiting week credit
solely by reason of attending a program of related instruction
established in accordance with ORS 660.157 when such attendance
does not exceed five weeks during the benefit year of the
individual and when such attendance is required as a condition of
the individual's continued employment and shall be considered to
be in a program of instruction with the approval of the Director
of the Employment Department if the individual:
(1) Provides the director with a copy of that individual's
effective apprenticeship agreement approved in accordance with
the requirements of ORS chapter 660; and
(2) Establishes to the satisfaction of the director that the
training is scheduled by a work-related entity other than the
claimant.
SECTION 38. ORS 657.385 is amended to read:
657.385. (1) An individual who is eligible for shared work
benefits under ORS 657.370 to 657.390 shall be paid, with respect
to any week of unemployment, a weekly shared work
{ - unemployment - } { + reemployment + } insurance benefit
amount. Such amount shall be equal to the individual's regular
weekly benefit amount multiplied by the nearest full percentage
of reduction of the individual's regular weekly hours of work, as
set forth in the employer's plan. The benefit payment under ORS
657.370 to 657.390, if not a multiple of one dollar, shall be
rounded to the nearest dollar, and an even one-half dollar shall
be rounded to the next highest multiple of one dollar.
(2) The provisions of ORS 657.150 (6) shall not apply to
earnings from the shared work employer of an individual eligible
for payments under ORS 657.370 to 657.390 unless the resulting
payment would be less than the regular benefit payment for which
the individual would otherwise be eligible under ORS 657.150 (6)
without regard to shared work { - unemployment - }
{ + reemployment + } insurance benefits.
(3) An individual shall be disqualified for benefits payable
under ORS 657.370 to 657.390 for any week in which paid work is
performed for the shared work employer in excess of the reduced
hours as set forth in the approved plan.
(4) Except as otherwise provided by or inconsistent with ORS
657.370 to 657.390, all provisions of this chapter and the rules
of the Director of the Employment Department apply to ORS 657.370
to 657.390. The director may adopt such rules as is deemed
necessary to make distinctions and requirements to carry out the
purposes of ORS 657.370 to 657.390.
SECTION 39. ORS 657.390 is amended to read:
657.390. (1) Any employer who participates in an approved
shared work plan after December 31, 1993, shall pay into the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund an amount equivalent to all shared work
benefits paid to employees of the employer under such plan during
any rating period for which the employer's benefit ratio,
expressed as a percentage rounded to the nearest 0.1 percent, is
in excess of the employer's tax rate for such rating period.
(2) All reimbursement obligations arising under this section
are in addition to and separate from any other obligation imposed
under this chapter. At the end of each calendar quarter, the
Director of the Employment Department shall determine the amount
of reimbursement due to the fund from each employer participant
in a shared work plan and shall bill each employer for such
amount. The reimbursement shall be subject to the same interest,
penalty and collection provisions as any other reimbursement of
{ - unemployment - } { + reemployment + } insurance
contributions provided for under this chapter.
(3) Notwithstanding ORS 657.471 or any other provision to the
contrary, no benefit charges which are reimbursable under this
section shall be included in an employer's benefit charges for
any purpose in any rating period.
SECTION 40. ORS 657.439 is amended to read:
657.439. (1) Notwithstanding ORS 657.435 and 657.462, for wages
paid during the first calendar quarter of each odd-numbered year,
the tax rate paid by each employer subject to those provisions of
law shall be determined in accordance with schedule I H, II H,
III H, IV H, V H, VI H, VII H or VIII H, whichever schedule is
determined pursuant to ORS 657.459 and 657.462 to be in effect
for the year. The schedules are adopted as follows:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio I H
200% and Over
TaCumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
00.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 30.00%
30.00% but less than 35.00%
35.00% but less than 40.00%
40.00% but less than 45.00%
45.00% but less than 50.00%
50.00% but less than 55.00%
55.00% but less than 60.00%
60.00% but less than 65.00%
65.00% but less than 69.00%
69.00% but less than 73.00%
73.00% but less than 77.00%
77.00% but less than 80.00%
80.00% but less than 83.00%
83.00% but less than 86.00%
86.00% but less than 89.00%
89.00% but less than 91.00%
91.00% but less than 93.00%
93.00% but less than 95.00%
95.00% but less than 96.00%
96.00% but less than 96.90%
96.90% but less than 97.70%
97.70% but less than 98.40%
98.40% but less than 98.90%
98.90% but less than 99.30%
99.30% but less than 99.54%
99.54% but less than 99.63%
99.63% but less than 99.71%
99.71% but less than 99.78%
99.78% but less than 99.84%
99.84% but less than 99.89%
99.89% but less than 99.93%
99.93% but less than 99.96%
99.96% but less than 99.98%
99.98% but less than 99.99%
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5.40% 99.99% to 100%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio II H
190.00% but less than 200%
TaCumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
00.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 30.00%
30.00% but less than 35.00%
35.00% but less than 40.00%
40.00% but less than 44.00%
44.00% but less than 48.00%
48.00% but less than 52.00%
52.00% but less than 56.00%
56.00% but less than 60.00%
60.00% but less than 64.00%
64.00% but less than 68.00%
68.00% but less than 72.00%
72.00% but less than 76.00%
76.00% but less than 79.00%
79.00% but less than 82.00%
82.00% but less than 85.00%
85.00% but less than 88.00%
88.00% but less than 90.00%
90.00% but less than 92.00%
92.00% but less than 93.50%
93.50% but less than 94.90%
94.90% but less than 96.20%
96.20% but less than 97.40%
97.40% but less than 98.54%
98.54% but less than 99.54%
99.54% but less than 99.63%
99.63% but less than 99.71%
99.71% but less than 99.78%
99.78% but less than 99.84%
99.84% but less than 99.89%
99.89% but less than 99.93%
99.93% but less than 99.96%
99.96% but less than 99.98%
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5.40% 99.98% to 100%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio III H
170.00% but less than 190%
TaCumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
00.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 24.00%
24.00% but less than 28.00%
28.00% but less than 32.00%
32.00% but less than 36.00%
36.00% but less than 40.00%
40.00% but less than 44.00%
44.00% but less than 48.00%
48.00% but less than 52.00%
52.00% but less than 56.00%
56.00% but less than 60.00%
60.00% but less than 64.00%
64.00% but less than 68.00%
68.00% but less than 72.00%
72.00% but less than 76.00%
76.00% but less than 80.00%
80.00% but less than 84.00%
84.00% but less than 87.00%
87.00% but less than 90.00%
90.00% but less than 93.00%
93.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.43%
99.43% but less than 99.63%
99.63% but less than 99.72%
99.72% but less than 99.79%
99.79% but less than 99.85%
99.85% but less than 99.90%
99.90% but less than 99.94%
99.94% but less than 99.97%
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5.40% 99.97% to 100%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio IV H
145.00% but less than 170%
TaCumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
10.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 24.00%
24.00% but less than 28.00%
28.00% but less than 32.00%
32.00% but less than 36.00%
36.00% but less than 40.00%
40.00% but less than 44.00%
44.00% but less than 48.00%
48.00% but less than 52.00%
52.00% but less than 56.00%
56.00% but less than 60.00%
60.00% but less than 64.00%
64.00% but less than 68.00%
68.00% but less than 72.00%
72.00% but less than 76.00%
76.00% but less than 80.00%
80.00% but less than 84.00%
84.00% but less than 88.00%
88.00% but less than 92.00%
92.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.40%
99.40% but less than 99.60%
99.60% but less than 99.70%
99.70% but less than 99.78%
99.78% but less than 99.85%
99.85% but less than 99.91%
99.91% but less than 99.96%
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5.40% 99.96% to 100.00%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio V H
125.00% but less than 145%
TaCumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
10.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 29.00%
29.00% but less than 33.00%
33.00% but less than 37.00%
37.00% but less than 41.00%
41.00% but less than 45.00%
45.00% but less than 49.00%
49.00% but less than 53.00%
53.00% but less than 57.00%
57.00% but less than 61.00%
61.00% but less than 65.00%
65.00% but less than 69.00%
69.00% but less than 73.00%
73.00% but less than 77.00%
77.00% but less than 81.00%
81.00% but less than 85.00%
85.00% but less than 89.00%
89.00% but less than 92.00%
92.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.50%
99.50% but less than 99.65%
99.65% but less than 99.74%
99.74% but less than 99.82%
99.82% but less than 99.89%
99.89% but less than 99.95%
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5.40% 99.95% to 100.00%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio VI H
110.00% but less than 125%
TaCumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
10.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 30.00%
30.00% but less than 35.00%
35.00% but less than 40.00%
40.00% but less than 44.00%
44.00% but less than 48.00%
48.00% but less than 52.00%
52.00% but less than 56.00%
56.00% but less than 60.00%
60.00% but less than 64.00%
64.00% but less than 68.00%
68.00% but less than 72.00%
72.00% but less than 76.00%
76.00% but less than 80.00%
80.00% but less than 84.00%
84.00% but less than 88.00%
88.00% but less than 92.00%
92.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.50%
99.50% but less than 99.70%
99.70% but less than 99.79%
99.79% but less than 99.87%
99.87% but less than 99.94%
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5.40% 99.94% to 100.00%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio VII H
100.00% but less than 110%
TaCumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
10.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 30.00%
30.00% but less than 35.00%
35.00% but less than 40.00%
40.00% but less than 45.00%
45.00% but less than 50.00%
50.00% but less than 55.00%
55.00% but less than 60.00%
60.00% but less than 64.00%
64.00% but less than 68.00%
68.00% but less than 72.00%
72.00% but less than 76.00%
76.00% but less than 80.00%
80.00% but less than 84.00%
84.00% but less than 88.00%
88.00% but less than 92.00%
92.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.50%
99.50% but less than 99.70%
99.70% but less than 99.84%
99.84% but less than 99.93%
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5.40% 99.93% to 100.00%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio VIII H
Under 100%
TaCumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
20.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 30.00%
30.00% but less than 35.00%
35.00% but less than 40.00%
40.00% but less than 45.00%
45.00% but less than 50.00%
50.00% but less than 55.00%
55.00% but less than 60.00%
60.00% but less than 65.00%
65.00% but less than 70.00%
70.00% but less than 75.00%
75.00% but less than 80.00%
80.00% but less than 84.00%
84.00% but less than 88.00%
88.00% but less than 92.00%
92.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.50%
99.50% but less than 99.80%
99.80% but less than 99.92%
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5.40% 99.92% to 100.00%
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(2) Notwithstanding any other provision of law, each employer
subject to this chapter, other than employers whose assigned tax
rate is 5.4 percent, shall pay to the Employment Department, for
the first calendar quarter of each odd-numbered year, an amount
equal to three one-hundredths of a percent of wages subject to
tax under this chapter for that calendar quarter. All such moneys
shall be paid and collected in the same manner and at the same
time as { - unemployment compensation - } { + reemployment
insurance + } taxes under this chapter, unless the Director of
the Employment Department prescribes otherwise. After deduction
of the actual shared costs of the Employment Department in
collecting the amounts under this subsection, all such moneys
shall be paid into the Wage Security Fund. Moneys due pursuant to
this section but not received by the department for payment to
the Wage Security Fund by June 30 of each odd-numbered year shall
be paid into the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund.
SECTION 41. ORS 657.458 is amended to read:
657.458. As used in this chapter unless the context requires
otherwise:
(1) 'High benefit cost period' means the 12 consecutive month
period in the last 10 completed calendar years in which the
benefit cost rate was the highest. The benefit cost rate is
determined by dividing the amount of benefits paid attributable
to employers subject to the tax, during any 12 consecutive months
within the 10-year period by total wages, as defined in ORS
657.105, reported by all employers subject to the tax for the
four consecutive calendar quarters which includes the quarter in
which the 12 consecutive month period ended. All benefits paid
from the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund attributable to employers subject to the
tax, including but not limited to the Oregon share of extended
benefits and any special state additional benefits, shall be
included in the amount of benefits under this subsection.
(2) 'Average monthly employment' means the total number of
persons employed in each month for 12 consecutive months, as
reported by employers subject to the tax under this chapter,
divided by 12.
(3) 'Average weekly check amount' means the gross amount of
benefit payments, excluding extended benefits, made during a 12
consecutive month period, divided by the number of such weekly
payments made to all individuals receiving benefits under this
chapter during that period. The number and amount of payments
made under section 11, chapter 2, Oregon Laws 1982 (first special
session), shall be excluded from the computation under this
subsection.
(4) 'Adjusted average weekly check amount' means the average
weekly check amount in a calendar year plus one-half of the
increase in the maximum weekly benefit amount plus one-half of
the increase in the minimum weekly benefit amount from the week
including July 4 immediately preceding such calendar year to the
week including July 4 immediately following such calendar year.
SECTION 42. ORS 657.459 is amended to read:
657.459. (1) For the purpose of computing employer tax rates
for calendar year 1978 and each year thereafter the Director of
the Employment Department, or the director's authorized
representative, shall compute a 'Fund Adequacy Percentage Ratio.'
This computation shall be made in September of each year and
shall be the ratio of the amount in the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund, as
of August 31 preceding the computation, to a calculated amount of
benefits which would be paid during the following calendar year
if high unemployment were to occur. The calculated amount of
benefits shall be determined as follows:
(a) Average monthly employment in the calendar year preceding
the calculation shall be divided by the average monthly
employment in the high benefit cost period with the resulting
quotient carried to the fourth decimal point.
(b) The adjusted average weekly check amount for the calendar
year preceding the calculation shall be divided by the average
weekly check amount in the high benefit cost period with the
resulting quotient carried to the fourth decimal point.
(c) The amount of benefits paid during the high benefit cost
period and attributable to employers subject to the tax shall be
multiplied by the quotient determined in paragraph (a) of this
subsection. The resulting product shall be multiplied by the
quotient determined in paragraph (b) of this subsection. All
benefits paid from the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Trust Fund attributable to
employers subject to the tax, including but not limited to the
Oregon share of extended benefits and any special state
additional benefits, shall be included in the amount of benefits
under this subsection.
(2) The amount in the { - Unemployment Compensation - } { +
Reemployment Insurance + } Trust Fund, as of August 31 preceding
the computation, shall be divided by the final product determined
in subsection (1)(c) of this section. The quotient obtained shall
be expressed as a percentage and is the 'Fund Adequacy Percentage
Ratio' used to determine the applicable schedule of Table A of
ORS 657.462 to be in effect for the succeeding calendar year.
(3) Notwithstanding the provisions of subsection (2) of this
section, if the product obtained by multiplying 3.3 times the
average monthly employment in the calendar year preceding the
calculation times the adjusted average weekly check amount for
the calendar year preceding the computation exceeds the amount
determined in subsection (1)(c) of this section, such product
shall be used in lieu of the amount determined in subsection
(1)(c) of this section in the Trust Fund Adequacy Ratio
calculation in subsection (2) of this section.
(4) Products obtained in subsections (1) and (3) of this
section shall be rounded to the nearest dollar.
SECTION 43. ORS 657.467 is amended to read:
657.467. Notwithstanding the payment of regular and extended
{ - unemployment - } { + reemployment + } insurance benefits
to employees of employing units which reimburse the fund in lieu
of taxes from moneys in the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Trust Fund, such moneys shall be
included with the balance in the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund in any computation of a fund adequacy
percentage ratio under this chapter as though said moneys had
been reimbursed to the fund as provided in ORS 657.505. Should
advance payments made by reimbursing employers exceed the amount
of benefit payments, the excess amount shall be excluded from the
fund balance.
SECTION 44. ORS 657.505 is amended to read:
657.505. (1) On and after January 1, 1936, taxes shall be
payable by each employer then subject to this chapter. Taxes
shall become payable by any other employer on and after the date
on which the employer becomes subject to this chapter.
(2) An employer shall be liable for taxes on all wages paid for
services performed on or after the first day of a calendar
quarter.
(3) Taxes of an employer shall not become payable until this
chapter has been approved by the Secretary of Labor, and notice
of such approval has been given to the Governor as provided in
section 3304 of the Federal Unemployment Tax Act.
(4) All taxes shall be paid to and collected by the Director of
the Employment Department at such times and in such manner as the
director may prescribe and upon collection, shall be deposited in
the { - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund.
(5) In lieu of taxes required of all other employers subject to
this chapter, the state shall pay into the fund an amount
equivalent to the amount of all regular benefits and all extended
benefits paid out to claimants who during the applicable base
year were paid wages by the state. Payments required under this
section shall be payable from the General Fund of the state
except that if a claimant was paid wages by the state during the
base year from a special or administrative fund provided for by
law, the payment into the fund shall be made from such special or
administrative fund with the approval of the Oregon Department of
Administrative Services.
(6) Any political subdivision subject to this chapter shall in
lieu of taxes required of other employers subject to this
chapter, pay into the fund an amount equivalent to the amount of
all regular benefits and all extended benefits paid out to
claimants who during the applicable base year were paid wages by
the political subdivision.
(7)(a) Any nonprofit employing unit as defined in ORS 657.072
(2), subject to or electing coverage under this chapter shall pay
taxes under the provisions of ORS 657.475 and 657.480. However,
such nonprofit employing unit may elect to make reimbursement
payments into the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Trust Fund in an amount
equivalent to the amount of regular benefits and one-half of
extended benefits paid out to claimants who during the applicable
base period were paid wages by such nonprofit employing unit.
Such reimbursement payments shall be deemed to be taxes for all
purposes of this chapter.
(b) A nonprofit employing unit may elect to make reimbursement
payments by filing with the Director of the Employment Department
a written notice to this effect within the 30-day period
following the close of the calendar quarter in which the
employing unit became an employer, or may make a timely election
within 30 days after the director finds the nonprofit employing
unit in default with respect to payment of taxes if the director
has not found the default to be due to an intent to postpone or
avoid either payment of taxes due the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund or
the election to make reimbursement payments pursuant to this
paragraph. A nonprofit employing unit failing to submit a timely
notice of election of reimbursement shall be liable for taxes on
any wages paid for services performed for such employing unit for
two calendar years. Such employing unit will remain liable for
taxes for any calendar year thereafter unless a written notice of
election of reimbursement is filed with the director by January
31 of such calendar year. The director shall for good cause
extend the period within which a notice of election of
reimbursement must be filed for an additional 30 days.
(c) Elections of reimbursement shall continue until canceled
but shall be for a period of not less than two calendar years.
Any nonprofit employing unit may cancel such election, and pay
taxes as any other employer, by filing with the director a
written notice of its intention to cancel such election by
January 31 of the year in which the cancellation is to be
effective. The director may for good cause extend the period
within which a notice of cancellation may be filed for an
additional 30 days. Once a cancellation is effective the
nonprofit employing unit must pay taxes for two calendar years
before it is again eligible for election of reimbursement. An
employer whose election of reimbursement has been canceled shall
thereafter be liable for taxes at the rate assigned an employer
in accordance with ORS 657.435 until such employer is eligible
for a rate based on the experience of the employer in accordance
with the provisions of ORS 657.475 and 657.480.
(d) Each nonprofit employing unit that elects to reimburse the
fund shall, within 30 days after the effective date of its
election, either execute and file with the director a surety bond
or deposit with the director money, an irrevocable letter of
credit issued by an insured institution as defined in ORS 706.008
or other security as approved by the director. The amount of the
bond or deposit shall be determined as a percentage of the
employing unit's total wages paid for employment covered by this
chapter for the four calendar quarters immediately preceding the
effective date of the election. The following schedule shall
apply in determining the amount of bond or deposit:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Four Quarter PayrollPercent
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Under $100,000 2.0
$100,000 $499,999 1.5
$500,000 $999,999 1.0
$1,000,000 and over 0.5
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
If the nonprofit employing unit did not pay wages in each of such
four calendar quarters, the amount of the bond or deposit shall
be as determined by the director. The amount of the bond or
deposit as determined by the schedule in this subsection shall
not exceed the amount of taxes the employing unit would have been
assessed at the maximum tax rate for the same period had not the
employing unit elected to make reimbursement payments. However,
no surety bond or deposit shall be required of an institution of
higher education, unless in the discretion of the director the
director determines that a surety bond or deposit shall be
required of such an institution.
(A) Any bond or letter of credit deposited under this paragraph
shall be in force for a period of not less than two calendar
years and shall be renewed with the approval of the director, at
such times as the director may prescribe, but not less frequently
than at two year intervals as long as the employing unit
continues to be liable for reimbursement payments. The director
shall require adjustments to be made in a previously filed bond
or letter of credit as the director deems appropriate. If the
bond or letter of credit is to be increased, the bond or letter
of credit shall be filed by the employing unit within 30 days of
the date notice of the required adjustment was mailed or
otherwise delivered to it. Failure by any employing unit covered
by such bond or letter of credit to pay the full amount of
reimbursements when due, together with any applicable interest
and penalties, shall render the surety liable on said bond or the
issuer liable on the letter of credit to the extent of the amount
thereof including interest and penalties assessed pursuant to
this chapter.
(B) Any deposit of money or security in accordance with this
paragraph shall be retained by the director. Money shall be
deposited in the Employment Tax Guarantee Fund. When liability
under the election is terminated the deposit shall be returned to
the employing unit, less any deductions as hereinafter provided.
The director may transfer moneys from the Employment Tax
Guarantee Fund or sell securities deposited as necessary to
satisfy any due and unpaid reimbursements and any applicable
interest and penalties. The director shall require the employing
unit within 30 days following transfer of a money deposit or sale
of securities to deposit sufficient additional money or
securities to restore the original deposit in full. The director
may, at any time, review the adequacy of the deposit made by any
employing unit. If, as a result of such review, the director
determines that an adjustment is necessary, the director shall
require the employing unit to make an additional deposit within
30 days of written notice of the determination or shall return to
it such portion of the deposit as the director no longer
considers necessary, whichever action is appropriate.
(C) If any nonprofit employing unit fails to file a bond or
make a deposit, or to file a bond in an increased amount or to
increase or make whole the amount of a previously made deposit,
as provided in this section, the director may terminate such
employing unit's election to make reimbursement payments. The
director may extend for good cause the applicable filing, deposit
or adjustment period by not more than 30 days. An employing unit
having its election terminated under this section shall pay taxes
for a period of two calendar years before it is again eligible
for election to reimburse.
(8)(a) At the end of each calendar quarter, or at the end of
any other period as prescribed by the director, the director
shall determine the amount of payments in lieu of taxes or
reimbursement payments required, under subsections (5), (6) and
(7) of this section, and shall bill each employer for such
amount. If a claimant during a base year was employed by an
employer liable for payments in lieu of taxes or reimbursement
payments and other employers subject to the tax rate provisions
of this chapter, the amount to be paid into the fund by employers
liable for payments in lieu of taxes or reimbursement payments
shall be an amount which is in the same proportion that the wages
paid by each employer to the individual during the base year bear
to the wages paid by all employers to that individual during that
year.
(b) In determining the amount of payments in lieu of taxes or
reimbursement payments, benefits paid for any reason shall be
included if such benefits or any portion thereof were paid as a
result of wages earned in the employ of an employer required to
make reimbursing payments or payments in lieu of taxes. Such
benefits paid include but are not limited to payments made as a
result of a determination or payments erroneously or incorrectly
paid or paid as a result of a determination of eligibility which
is subsequently reversed. Any benefit payments described in this
paragraph that are subsequently recovered by the Employment
Department will be credited on a pro rata basis to the account of
the employer that reimbursed the fund for such benefits.
(c) Payment of any bill rendered under paragraph (a) of this
subsection shall be made not later than the last day of the month
immediately following the month in which such bill was mailed to
the last-known address of the employer or was otherwise delivered
to it. The director may assess a nonprofit employing unit for
past due taxes and such assessment shall be subject to the same
interest, penalties, enforcement, appeal and any other provisions
of this chapter that apply to taxes assessed pursuant to ORS
657.681.
(d) If a nonprofit employing unit is delinquent in making
reimbursement payments as required under this section, the
director may terminate such employing unit's election and such
employing unit must pay taxes for two calendar years before it is
again eligible for election of reimbursement. Any employer whose
election is terminated under provisions of this section shall
remain liable for reimbursement payments for any benefits paid
based on wages received prior to the effective date of
termination of the election.
(9) Notwithstanding the provisions of subsections (5), (6), (7)
and (8) of this section, each employing unit that is required to
make payments in lieu of taxes or has elected to make
reimbursement payments may request permission to make advance or
budget payments in accordance with rules adopted by the director.
(10) Two or more employers that have become liable for payments
in lieu of taxes or reimbursement payments, in accordance with
the provisions of subsections (5), (6) and (7) of this section,
may file a joint application to the director for the
establishment of a group account for the purpose of sharing the
cost of benefits paid that are attributable to service in the
employ of such employers. Each application shall identify and
authorize a group representative to act as the group's agent for
the purpose of this subsection. Upon the approval of the director
of the application, the director shall establish a group account
for such employers effective as of the beginning of the calendar
quarter in which the director receives the application and shall
notify the group's agent of the effective date of the account.
Such account shall remain in effect for not less than two years
and thereafter until terminated at the discretion of the director
or upon application by the group. Upon establishment of the
account, each member of the group shall be liable for payments
with respect to each calendar quarter in the amount that bears
the same ratio to the total benefits paid in such quarter that
are attributable to service performed in the employ of all
members of the group. The director shall prescribe such
regulations as the director deems necessary with respect to
application for establishment, maintenance and termination of
group accounts. This subsection shall not be construed to make
such agent the employer of such workers, or relieve any employer
of the obligations of the employer to comply with the terms of
this chapter, except to the extent that such obligations are
discharged by such agent as provided thereunder.
SECTION 45. ORS 657.507 is amended to read:
657.507. (1) If upon satisfactory evidence the Director of the
Employment Department finds it necessary for the protection of
the { - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund, the director may require any employer
subject to this chapter, except the state, including every state
officer, board, commission, department, institution, branch,
agency or political subdivision, to deposit and keep on deposit,
with the director, a sum equal to the contributions due the
director upon the employer's payroll or estimated payroll
covering a period of three calendar quarters.
(2) The director may, at the discretion of the director and in
lieu of such deposit, accept a bond or an irrevocable letter of
credit issued by an insured institution as defined in ORS 706.008
in a form acceptable to the director to secure payment of
contributions to become due the fund. The deposit or posting of
the bond or letter of credit shall not relieve the employer from
making contributions to the fund based on the payroll of the
employer as provided by this chapter. The director may, at the
discretion of the director, at any time apply such deposit or
bond or letter of credit or part thereof to the delinquencies or
indebtedness of the employer arising under any provision of this
chapter.
(3) Any deposit, letter of credit or bond shall be deemed for
all purposes to become the sole property of the Director of the
Employment Department and shall be deposited in the Employment
Tax Guarantee Fund and held for the sole benefit of the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund and the Employment Department Special
Administrative Fund, subject only to subsection (4) of this
section. The deposit, letter of credit or bond shall be prior to
all other liens, claims or encumbrances and shall be exempt from
any process, attachment, garnishment or execution whatsoever and
shall be for the sole benefit of the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund and
the Employment Department Special Administrative Fund except as
provided in subsection (4) of this section.
(4) If an employer ceases to be an employer subject to this
chapter, the Director of the Employment Department shall, upon
receipt of all payments due the fund based on the employer's
payroll, refund to the employer all deposits remaining to the
employer's credit and shall cancel any bond or letter of credit
given under this section. Such sums as are on deposit in the
Employment Tax Guarantee Fund or bonds held for the benefit of
the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund shall first be applied to any
indebtedness or deficiencies due from the employer to the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund and the Employment Department Special
Administrative Fund under any provisions of this chapter before
any return is made to the employer. The employer shall have no
interest in such deposit, letter of credit or bond prior to full
compliance with this section and all provisions of this chapter.
SECTION 46. ORS 657.510 is amended to read:
657.510. If not later than three years after the date on which
any contributions, interest, fines or penalties were paid
pursuant to this 1965 Act, an employer who has paid such
contributions, interest, fines or penalties makes application for
an adjustment thereof in connection with subsequent
contributions, interest, fine or penalty payments, or for a
refund thereof because such adjustment cannot be made, and the
Director of the Employment Department determines that such
contributions, interest, fines or penalties, or any portion
thereof were collected erroneously, the director shall allow such
employer to make an adjustment of the amount erroneously paid,
without interest, in connection with subsequent contributions,
interest, fine or penalty payments by the employer or, if such
adjustment cannot be made, the director shall refund said amount,
without interest, from the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Trust Fund or from the Employment
Department Special Administrative Fund, as applicable; provided
that the director shall not allow any adjustment in connection
with subsequent contributions for amounts of interest, fines or
penalty payments collected or received subsequent to July 1,
1965, nor shall the director refund any such payment from the
fund except that the director may refund any such payment from
the interest, fine and penalty collected after such date which
are temporarily in the fund for clearance pending transfer to the
Employment Department Special Administrative Fund. For like cause
and within the same period, adjustment or refund from the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund and the Employment Department Special
Administrative Fund, as appropriate, may be so made on the
director's own initiative. Refunds of contributions pursuant to
ORS 657.065 (1) shall be refunded by the director from the fund
without application. When refunds of contributions are made
pursuant to ORS 657.065 (1), refunds of fines, penalties and
interest, if any, shall be made from the Employment Department
Special Administrative Fund without application.
SECTION 47. ORS 657.513 is amended to read:
657.513. (1) A political subdivision required to make payments
into the { - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund under ORS 657.505 may request the
Director of the Employment Department to pay on behalf of the
political subdivision such amounts as the political subdivision
is required to pay into the fund. The employer may request the
director to pay on its behalf such amounts as the political
subdivision is required to pay into the fund. This request must
be filed with the director by January 31 of any year in order to
be effective July 1 of that year.
(2) A request shall continue until canceled but shall be for a
period of not less than two years. A political subdivision may
cancel its request by filing a written notice of its intention to
cancel with the director by January 31 of the year in which the
cancellation is to be effective. A cancellation shall be
effective only on June 30 of a year. The political subdivision
shall be responsible for paying into the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund any
amounts paid out to claimants after the effective date of a
cancellation and attributable to base period wages paid by the
political subdivision during a period it was subject to the
provisions of ORS 293.701, 294.725 to 294.755, 657.505 or this
section.
(3) The director may for good cause extend the period within
which a request or cancellation of a request must be filed for an
additional 30 days.
(4) The director shall pay into the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund from
the Local Government Employer Benefit Trust Fund such amounts of
benefits that are paid to claimants during the period the
political subdivision is a participant in the Local Government
Employer Benefit Trust Fund created by ORS 294.730. Benefits paid
to claimants during a period when the political subdivision is
not a participant shall be reimbursed directly to the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund by the political subdivision.
SECTION 48. ORS 657.515 is amended to read:
657.515. (1) If an employer defaults with respect to any
payment required to be made by the employer to the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund, the taxes at any time due, together
with interest thereon and penalties, shall be collected by the
Director of the Employment Department in a civil action against
such employer brought in the name of the director and judgment
rendered thereon shall bear interest at the rate provided in
subsection (2) of this section. Such employer's compliance with
this chapter, requiring payments to be made to the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund, shall date from the time said money was
collected. The amount of taxes collected shall be paid into the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund. The amount of interest, penalties and
fines collected pursuant to this subsection shall be paid to the
Employment Department Special Administrative Fund in accordance
with the provisions of ORS 657.830 (3).
(2) Interest upon the amount due from an employer shall be paid
and shall be collected, at the same time payment of taxes is
required to be made by such employer to the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund at
the rate of one and one-half percent per month from the date
prescribed for the payment to the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund. In
computing such interest, a fraction of a month shall be counted
as a full month.
(3) If any employer fails to make payment of taxes required by
this chapter at the time prescribed by the director for the
payment thereof, such employer shall be in default.
(4) If any employer who is in default with respect to payment
of any taxes fails to make payment thereof within 10 days after
written demand therefor has been made by the director, such
employer shall be subject, in the discretion of the director, to
a penalty of 10 percent of the amount of such taxes. A demand for
payment shall be deemed to have been made when deposited in the
mail addressed to such employer at the employer's last-known
address as shown by the records of the director.
(5) If any part of any deficiency is due to fraud with intent
to avoid payment of taxes to the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund,
then 50 percent of the total amount of the deficiency, in
addition to such deficiency, shall be assessed, collected and
paid in the same manner as if it were a deficiency and shall be
paid into the Employment Department Special Administrative Fund
pursuant to this section and ORS 657.822.
(6) Civil actions brought in the name of the director under
this section to collect taxes, interest or penalties from an
employer, shall be entitled to preference upon the calendar over
all civil cases which involve only private parties.
(7) Notwithstanding the provisions of this section, if the
director finds that the total interest collectible on any
delinquent account is in excess of 25 percent of the principal
and that an employer or former employer, who no longer conducts
an active business, has insufficient net assets to pay the full
amount of all taxes, interest or penalties that may be due and
where such employer or former employer can pay some but not all
of such amount, the director may agree to accept any amount the
director finds reasonable under the circumstances, as
consideration for the settlement of the full amount of taxes,
interest or penalties due. Whenever such an agreement is made a
written record signed by the director shall be maintained in the
files of the director. Such records shall set forth:
(a) The name of the taxpayer against whom the liability was
assessed;
(b) The amount of the assessed liability;
(c) The amount of the liability paid;
(d) The amount of the liability canceled or waived;
(e) A sworn statement of the taxpayer or personal
representative setting forth the complete financial
responsibility of the taxpayer or the taxpayer's estate, and
containing a full disclosure of all matters bearing upon the
ability of the taxpayer or estate to pay the full amount of the
liability assessed; and
(f) The written recommendation of an assistant to the Attorney
General assigned to the director that the liability be reduced in
the amount shown by the record.
(8) A full and true copy of the record of each such agreement
and settlement as provided in subsection (7) of this section
shall be filed by the director with the Secretary of State as a
public record.
(9) The amount of any settlement reached pursuant to this
section shall be first credited to the taxes due from such
employer until the principal amount of taxes due has been
satisfied and shall be deposited in the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund.
SECTION 49. ORS 657.520 is amended to read:
657.520. All contributions, interest charges, penalties or
amounts due the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Trust Fund from any employer
under this chapter and all judgments recovered by the Director of
the Employment Department against any employer under this chapter
shall be given the same priority as taxes and shall be deemed
preferred to all general claims in all bankruptcy proceedings,
trustee proceedings, proceedings for the administration of
estates, receiverships and assignments for the benefits of
creditors involving the employer liable therefor or the property
of such employer.
SECTION 50. ORS 657.540 is amended to read:
657.540. (1) If an employer liable for the payment of
contributions to the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Trust Fund is in default, as
provided in ORS 657.515 (3), the amount of contributions,
interest and penalties due shall be a lien in favor of the
Director of the Employment Department upon all property, whether
real or personal, belonging to such employer.
(2) The lien shall be perfected and attach:
(a) To real and personal property located within the county,
upon the recording of a warrant, as provided in ORS 657.642, with
the clerk of the county in which the property is located.
(b) To personal property wherever located within the state,
upon:
(A) The recording of a warrant, as provided in ORS 657.642,
with the clerk of any county; and
(B) The filing of a copy of the warrant with the Secretary of
State as provided in ORS 657.542.
(3) The lien created by this section is prior to all liens and
encumbrances recorded subsequent to the filing of notice of claim
of lien, except state and county tax liens and labor liens.
(4) The lien created by this section may be foreclosed by a
suit in the circuit court in the manner provided by law for the
foreclosure of other liens on real or personal property.
SECTION 51. ORS 657.575 is amended to read:
657.575. (1) Notwithstanding any other provision of this
chapter, when a nonprofit employing unit as defined in ORS
657.072 (2) is found by the Director of the Employment Department
to be in default with respect to payment of taxes required by
this chapter, the nonprofit employing unit may elect to satisfy
the deficiency together with any interest and penalties thereon,
by making reimbursement payments into the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund in
an amount equivalent to the amount of regular benefits and
one-half of extended benefits paid out to claimants who, during
the period of noncompliance with this chapter, were paid wages by
such nonprofit employing unit. However, the election to make
reimbursement payments may not be made if the director finds that
any part of the deficiency is due to an intent to postpone or
avoid either payment of taxes due the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund or the election to make reimbursement
payments pursuant to ORS 657.505 (8).
(2) Reimbursement payments made pursuant to this section shall
be deemed to satisfy any deficiency, together with any interest
and penalties thereon. If a nonprofit employing unit elects to
make reimbursement payments under this section, any payments
previously made to satisfy that deficiency shall be credited to
the reimbursement payments for which the nonprofit employing unit
is liable. If all liabilities for benefit payments to claimants
are met, any payments in excess of the reimbursement payments
required, together with any interest and penalties thereon, shall
be refunded to the nonprofit employing unit.
SECTION 52. ORS 657.601 is amended to read:
657.601. There is established an Employment Department. The
department shall:
(1) Administer the { - unemployment - }
{ + reemployment + } insurance laws of this state to support
Oregonians during periods of unemployment;
(2) Provide for the operation of a statewide employment
service, including the establishment and maintenance of a system
of public employment offices to promote employment of Oregonians;
(3) Provide oversight, operation and management of a statewide
comprehensive labor market and occupational supply and demand
information system to assist in the development of a diversified,
multiskilled workforce; and
(4) Provide child care advocacy, coordination of child care
policy and planning, technical assistance to child care providers
and certification of child care facilities to assist the
employment of Oregonians and insure the health and well-being of
the future workforce.
SECTION 53. ORS 657.608 is amended to read:
657.608. (1) The Employment Department shall be under the
supervision and control of a director appointed by the Governor.
The term of office of the Director of the Employment Department
is four years, but the director may be removed at any time during
a term at the pleasure of the Governor. The appointment of the
director is subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565.
(2) The director is responsible for providing for programs to
deliver to the public services assigned to the department and for
undertaking long-range planning necessary for the effective
delivery of those services.
(3) The director shall receive such salary as may be provided
by law or, if not so provided, as may be fixed by the Governor,
and shall be reimbursed for all expenses actually and necessarily
incurred in the performance of official duties. Such compensation
shall be paid out of the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Administration Fund or the Child
Care Fund, as appropriate.
SECTION 54. ORS 657.615 is amended to read:
657.615. The Director of the Employment Department may:
(1) Carry on investigations of the operation of
{ - unemployment - } { + reemployment + } insurance in
Oregon, including related subjects and publish the results
thereof.
(2) Investigate the operations of the fund, the relation of
contribution rates to the risks of unemployment, the adequacy of
contribution rates.
(3) Recommend to the legislature from time to time any
advisable changes in the contribution rates or benefits and any
other changes in the state laws relating to
{ - unemployment - } { + reemployment + } insurance.
SECTION 55. ORS 657.665 is amended to read:
657.665. (1) Information secured from employing units,
employees or other individuals pursuant to this chapter:
(a) Shall be confidential and for the exclusive use and
information of the Director of the Employment Department in the
discharge of duties and shall not be open to the public (other
than to public employees in the performance of their public
duties under state or federal laws for the payment of
{ - unemployment - } { + reemployment + } insurance benefits
and to public employees in the performance of their public duties
under the recognized compensation and retirement, relief or
welfare laws of this state), except to the extent necessary for
the presentation of a claim and except as required by the
regulations of the United States Secretary of Health and Human
Services pursuant to section 3304(a) of the Federal Unemployment
Tax Act, as amended, and except as required by section 303 of the
Social Security Act, as amended.
(b) Shall not be used in any court in any action or proceeding
pending therein unless the director or the state is a party to
such action or proceedings or the proceedings concern the
establishment, enforcement or modification of a support
obligation and support services are being provided by the
Division of Child Support or the district attorney pursuant to
ORS 25.080.
(2) However, any claimant or legal representative, at a hearing
before a hearing officer, shall be supplied with information from
such records to the extent necessary for the proper presentation
of a claim.
(3) Notwithstanding subsection (1) of this section, information
secured from employing units pursuant to this chapter may be
released:
(a) To agencies of this state, and political subdivisions
acting alone or in concert in city, county, metropolitan,
regional or state planning to the extent necessary to properly
carry out governmental planning functions performed under
applicable law. Information provided such agencies shall be
confidential and shall not be released by such agencies in any
manner that would be identifiable as to individuals, claimants,
employees or employing units. Costs of furnishing information
pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the parties requesting
the information; and
(b) In accordance with ORS 657.673.
(4) Nothing in this section shall prevent the Employment
Department from providing names and addresses of employing units
to the Oregon Bureau of Labor and Industries for the purpose of
disseminating information to employing units. The names and
addresses provided shall be confidential and shall not be used
for any other purposes. Costs of furnishing information pursuant
to this subsection not prepared for the use of the Employment
Department shall be borne by the Bureau of Labor and Industries.
(5) Nothing in this section shall prevent the Employment
Department from providing to the Commissioner of the Bureau of
Labor and Industries, for the purpose of performing duties under
ORS 279.348 to 279.380, the names, addresses and industrial codes
of employer units, the number of employees each unit employs
during a given time period and the firm number assigned to
employer units by the Employment Department. Information so
provided shall be confidential and shall not be released by the
Commissioner of the Bureau of Labor and Industries in any manner
that would identify such employing units except to the extent
necessary to carry out the purposes of this subsection and as
provided in subsection (1)(b) of this section. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Bureau of Labor and Industries.
(6) Nothing in this section shall prevent the Employment
Department from providing information required under ORS 657.660
(3) and (4) to the Public Employees Retirement System for the
purpose of determining the eligibility of members of the
retirement system for disability retirement allowances under ORS
chapter 238. The information provided shall be confidential and
shall not be used for any other purposes. Costs of furnishing
information pursuant to this subsection shall be borne by the
Public Employees Retirement System.
(7) Any officer or employee of the Director of the Employment
Department, who, except with authority of the director or
pursuant to regulations, or as otherwise required by law, shall
disclose confidential information under this section, thereafter
may be disqualified from holding any appointment or employment by
the director.
(8) Nothing in this section shall prevent the Employment
Department from providing information to the Department of
Revenue for the purpose of performing its duties under ORS
293.250, or the revenue and tax laws of this state. Information
provided may include names and addresses of employers and
employees and payroll data of employers and employees.
Information so provided shall be confidential and shall not be
released by the Director of the Department of Revenue in any
manner that would identify such employing unit or employee except
to the extent necessary to carry out its duties under ORS 293.250
or in auditing or reviewing any report or return required or
permitted to be filed under the revenue and tax laws administered
by the department. However, the Director of the Department of
Revenue shall not disclose any information received to any
private collection agency or for any other purpose. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Department of Revenue.
(9) Nothing in this section shall prevent the Employment
Department from providing information to the Department of
Consumer and Business Services for the purpose of performing its
duties under ORS chapter 656. Information provided may include
names and addresses of employers and employees and payroll data
of employers and employees. Information so provided shall be
confidential and shall not be released by the Director of the
Department of Consumer and Business Services in any manner that
would identify such employing unit or employee except to the
extent necessary to carry out its duties under ORS chapter 656.
However, the Director of the Department of Consumer and Business
Services shall not disclose any information received to any
private collection agency or for any other purpose. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Department of Consumer and Business Services.
(10) Nothing in this section shall prevent the Employment
Department from providing information to the Construction
Contractors Board for the purpose of performing its duties under
ORS chapter 701. Information provided to the board may include
names and addresses of employers and status of their compliance
with this chapter.
(11) Nothing in this section shall prevent the Employment
Department from providing information to the State Fire Marshal
to assist the State Fire Marshal in carrying out duties,
functions and powers under ORS 453.307 to 453.414. Information so
provided shall be the employer or agent name, address, telephone
number and standard industrial classification. Information so
provided shall be confidential and shall not be released by the
State Fire Marshal in any manner that would identify such
employing units except to the extent necessary to carry out
duties under ORS 453.307 to 453.414. Costs of furnishing
information pursuant to this subsection not prepared for the use
of the Employment Department shall be borne by the office of the
State Fire Marshal.
(12) Nothing in this section shall prevent the Employment
Department from providing information to the Oregon Student
Assistance Commission for the purposes of performing the
commission's duties under ORS chapter 348 and Title IV of the
Higher Education Act of 1965, as amended. Information provided
may include names and addresses of employers and employees and
payroll data of employers and employees. Information so provided
shall be confidential and shall not be released by the Oregon
Student Assistance Commission in any manner that would identify
such employing unit or employee except to the extent necessary to
carry out duties under ORS chapter 348 or Title IV of the Higher
Education Act of 1965, as amended. Costs of furnishing
information pursuant to this subsection not prepared for the use
of the Employment Department shall be borne by the Oregon Student
Assistance Commission.
(13) Any person or officer or employee of an entity to whom
information is disclosed or given by the Employment Department
pursuant to this section, who divulges or uses such information
for any purpose other than that specified in the provision of law
or agreement authorizing the use or disclosure, may be
disqualified from holding any appointment or employment, or
performing any service under contract, with the state agency
employing that person or officer.
SECTION 56. ORS 657.670 is amended to read:
657.670. Notwithstanding ORS 657.665, the Director of the
Employment Department shall:
(1) Upon request, submit such reports, in such form and
containing such information as the Secretary of Labor may, from
time to time, require, and shall comply with such provisions as
the Secretary of Labor may, from time to time, find necessary to
assure the correctness and verification of such reports.
(2) Make available, upon request, to any agency of the United
States charged with the administration of public works or
assistance through public employment, the name, address, ordinary
occupation and employment status of each recipient of
{ - unemployment - } { + reemployment + } insurance benefits
and a statement of such recipient's right to further compensation
under this chapter.
(3) Make available, upon request, to officers and employees of
the United States Department of Agriculture and any state's food
stamp agency, information to be used for determining an
individual's eligibility for benefits, or the amount of benefits,
under the food stamp program established under the Food Stamp Act
of 1977. The information provided shall be confidential and shall
not be used for any other purpose. Costs of furnishing
information under this section shall be borne by the United
States Department of Agriculture.
SECTION 57. ORS 657.695 is amended to read:
657.695. (1) To assist the Director of the Employment
Department in the effective development of policies and programs
with respect to { - unemployment - } { + reemployment + }
insurance and employment service and in securing to this state
the benefits of the Wagner-Peyser Act, and particularly with
respect to carrying out ORS 657.615, there hereby is created an
advisory council within the Employment Department to be known as
the Employment Department Advisory Council.
(2) The members of the council shall be appointed by the
Governor and shall be composed of men and women representing
employers and employees in equal numbers, and representatives of
the public who shall elect their chairperson. The director shall
serve as an ex officio member of the council.
(3) The members of the council shall be appointed for a term of
two years and are entitled to compensation and expenses as
provided in ORS 292.495. Members of the council or other
committees appointed pursuant to this section and ORS 657.700
shall be reimbursed from the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Administration Fund.
SECTION 58. ORS 657.700 is amended to read:
657.700. The Director of the Employment Department may also
appoint committees, and industrial or other special councils, to
perform appropriate services in connection with the development
of
{ - unemployment - } { + reemployment + } insurance and
employment service programs who shall serve without compensation.
SECTION 59. 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 offices as may be necessary for the proper administration
of this chapter. The director shall maintain a division for this
purpose. 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 - }
{ + Reemployment Insurance + } Administration Fund.
(2) 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 that term
in ORS 279.011.
SECTION 60. ORS 657.720 is amended to read:
657.720. (1) The Director of the Employment Department is
designated and constituted the agency of this state for the
purpose of the Wagner-Peyser Act. The director shall cooperate
with all authorities of the United States having powers and
duties under the Wagner-Peyser Act and do and perform all things
necessary to secure to this state the benefits of the
Wagner-Peyser Act in the promotion and maintenance of a system of
public employment offices.
(2) The director may cooperate with or enter into agreements
with the Railroad Retirement Board with respect to the
establishment, maintenance and use of free public employment
service facilities. For the purpose of establishing and
maintaining free public employment service the director may enter
into agreements with the Railroad Retirement Board or any other
agency of the United States charged with the administration of an
unemployment insurance law, with any political subdivision of
this state, or with any private nonprofit organization, and as a
part of any such agreement may accept moneys, services or
quarters as a contribution to the { - Unemployment
Compensation - } { + Reemployment Insurance + } Administration
Fund.
SECTION 61. ORS 657.730 is amended to read:
657.730. (1) As used in this section, unless the context
requires otherwise:
(a) 'Labor market analysis' means the measurement and
evaluation of economic forces as they relate to the employment
process in the local labor market area. Variables affecting labor
market relationships include, but are not limited to, such
factors as labor force changes and characteristics, population
changes and characteristics, occupational and industrial
structure and development, technological developments, shifts in
consumer demand, volume and extent of unionization and trade
disputes, recruitment practices, wage levels, conditions of
employment and training opportunities.
(b) 'Labor market area' means an economically integrated
geographic area within which individuals can reside and find
employment within a reasonable distance or can readily change
employment without changing their place of residence. Such areas
shall be identified in accordance with criteria used by the
Bureau of Labor Statistics of the United States Department of
Labor in defining such areas or similar criteria established by
the Director of the Employment Department. The area generally
takes the name of its community. The boundaries depend primarily
on economic and geographic factors. The State of Oregon is
divided into labor market areas, which usually include a county
or group of contiguous counties.
(c) 'Labor market information' means the body of information
generated from measurement and evaluation of the socioeconomic
factors and variables influencing the employment process in the
state and specific labor market areas. These socioeconomic
factors and variables affect labor demand and supply
relationships and include:
(A) Labor force information, which includes but is not limited
to employment, unemployment, labor force participation, labor
turnover and mobility, average hours and earnings and changes and
characteristics of the population and labor force within specific
labor market areas and the state;
(B) Occupational information, which includes but is not limited
to occupational supply and demand estimates and projections,
characteristics of occupations, wage levels, job duties, training
and education requirements, conditions of employment,
unionization, retirement practices and training opportunities;
(C) Economic information, which includes but is not limited to
number of business starts and stops by industry and labor market
area, information on employment growth and decline by industry
and labor market area, employer establishment data and number of
union disputes and strikes by industry and labor market area; and
(D) Program information, which includes but is not limited to
program participant or student information gathered in
cooperation with other state and local agencies along with
related labor market information to evaluate the effectiveness,
efficiency and impact of state and local employment, training,
education and job creation efforts in support of planning,
management, implementation and evaluation.
(2) The Director of the Employment Department shall have the
following duties:
(a) Oversight, operation and management of a statewide
comprehensive labor market and occupational supply and demand
information system, including development of a five-year
employment forecast for state and labor market areas.
(b) Preparation of local labor market information packages for
the state's regional workforce committees, including special
studies and job impact analyses in support of state and local
employment, training, education and job creation programs,
especially activities that prevent job loss, reduce unemployment
and create jobs.
(c) Coordination with other appropriate agencies to improve
employment estimates by enhancing data on corporate officers,
improving business establishment listings, expanding samples for
employment estimates and developing business entry or exit
analysis relevant to the generation of occupational and economic
forecasts.
(d) Production of long-term and occupational employment
forecasts in cooperation with other appropriate agencies.
(e) Coordination with other state agencies to study ways to
standardize federal and state multiagency administrative records,
such as { - unemployment - } { + reemployment + } insurance
information and other information to produce employment,
training, education and economic analysis needed to improve labor
market information products and services.
(f) Production of labor market information and economic
analysis needed to facilitate the efficient and effective
matching of the supply and demand of labor critical to an
effective labor exchange in Oregon. Information collected will be
coordinated with other public agencies through cooperative data
collection efforts for statistical analysis, research or studies
including, but not limited to, agricultural labor supply and
demand, high performance organizations, targeted industries
programs, and industrial improvement and expansion.
(g) Administration of other appropriate labor market
information activities.
(3) To implement this section, the director shall have
authority to:
(a) Establish rules and procedures to recover reasonable costs
incurred in producing and providing:
(A) Labor market information products developed by the
Employment Department in the ordinary course of business when the
request results in costs over and above the ordinary costs of
production including, but not limited to, special publication
runs, photocopying or supplying the copy in some other medium;
and
(B) Special labor market information products in response to
individual requests that incur costs beyond the ordinary costs of
doing business including, but not limited to, computer time,
staff costs, preparation and distribution of surveys, electronic
scanning, and special data collection, formatting and analysis.
The director may enter into agreements with other public agencies
to provide special labor market information products in a quid
pro quo arrangement.
(b) Receive federal set aside funds from federal programs that
are authorized to fund state and local labor market information
and are required to use such information in support of their
programs.
(c) Enter into agreements for statistical analysis, research or
evaluation studies of privately and publicly funded employment,
training, education and economic development programs.
SECTION 62. ORS 657.775 is amended to read:
657.775. (1) The courts of the State of Oregon shall recognize
and enforce the liability for unemployment insurance
contributions imposed by other states which extend a like comity
to this state, and officials of such other states may initiate
civil proceedings in the courts of this state to enforce the
collection of such contributions. The certificate of the
Secretary of State of such other states that such officials have
the authority to collect the contributions is conclusive evidence
of such authority.
(2) The Attorney General is empowered to initiate and prosecute
civil proceedings in the courts of other states by and in the
name of the Director of the Employment Department to enforce the
liability for { - unemployment - } { + reemployment + }
insurance contributions imposed by the State of Oregon, and may
also initiate and prosecute civil proceedings in this state as
agent for and on behalf of any other state to enforce liability
for unemployment insurance contributions due such state if the
state extends a like comity to the State of Oregon. The
compensation for the services of the Attorney General rendered on
behalf of other states under this section shall be paid from
moneys appropriated to the Employment Department for
administrative expenditures. The compensation for similar
officers of other states for services rendered on behalf of this
state under this section shall be paid by such other state.
However, all other expenses of civil proceedings under this
section shall be paid by the state, officer or agency thereof at
whose request such proceedings were initiated.
(3) The Attorney General, with the approval of the director,
may employ a special assistant under ORS 180.140 (5) to initiate
and prosecute civil proceedings in other states to enforce
liability for { - unemployment - } { + reemployment
insurance + } contributions imposed by the State of Oregon and
nothing in this section shall be deemed to prevent the officials
of other states from employing any member of the Oregon State Bar
to initiate and prosecute civil proceedings in this state to
enforce liability for unemployment insurance imposed by such
other states.
(4) As used in this section, 'contributions' includes interest
and penalties imposed pursuant to an unemployment insurance
statute.
SECTION 63. ORS 657.780 is amended to read:
657.780. (1) As used in this section, 'appropriate agency '
means an agency authorized to enforce child support obligations
pursuant to a plan approved under part D of title IV of the
Social Security Act.
(2) Notwithstanding ORS 657.855, the Director of the Employment
Department may enter into agreements with the appropriate agency
of this state whereby child support obligations which are being
enforced pursuant to a plan approved under section 454 of the
Social Security Act and owed by an individual who is eligible for
{ - unemployment compensation - } { + reemployment
insurance + } may be met, in whole or in part, by withholding
from the
{ - unemployment compensation - } { + reemployment
insurance + } due the individual the amount specified by the
individual to the appropriate agency to be withheld or the amount
determined pursuant to an agreement with the individual submitted
to the appropriate agency or any amount otherwise required to be
withheld pursuant to ORS 25.378 and 25.414 and forwarding of the
amount so withheld to the appropriate agency.
(3) Any amount deducted and withheld under subsection (2) of
this section shall for all purposes be treated as if it were paid
to the individual as { - unemployment compensation - }
{ + reemployment insurance + }.
(4) This section shall apply only if appropriate arrangements
have been made for reimbursement, by the appropriate agency or
agencies involved, for the administrative costs incurred by the
Employment Department under this section.
(5) The director shall prescribe such rules as are deemed
necessary with respect to implementation and administration of
procedures to comply with the provisions of this section.
SECTION 64. ORS 657.785 is amended to read:
657.785. (1) The Director of the Employment Department may
enter into an agreement or agreements with any other state's
employment security agency, or group thereof, including the
Interstate Reciprocal Overpayment Recovery Arrangement, for the
mutual and reciprocal recovery of overpaid { - unemployment
compensation - } { + reemployment insurance + } benefits.
Notwithstanding any other provision of this chapter, the director
may withhold from benefits otherwise due amounts necessary to
recover overpaid benefits on behalf of other states with which
the director has entered into such mutual and reciprocal
agreements.
(2) For purposes of this section, 'states' includes the
District of Columbia, Puerto Rico and the Virgin Islands.
SECTION 65. ORS 657.805 is amended to read:
657.805. There hereby is created the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund.
Such fund shall consist of:
(1) All contributions received and collected under this
chapter.
(2) Interest earned upon any moneys in the fund.
(3) Any property or securities acquired through the use of
moneys belonging to the fund and all earnings of such property or
securities.
(4) All other moneys received for the fund from any other
source.
(5) All moneys credited to this state's account in the
unemployment trust fund pursuant to section 903 of the Social
Security Act, as amended.
SECTION 66. ORS 657.807 is amended to read:
657.807. (1) The Governor of the State of Oregon is hereby
authorized in the discretion of the Governor to make necessary
application to the Secretary of Labor of the United States to
obtain an advance or advances pursuant to title XII of the Social
Security Act, as amended.
(2) The Director of the Employment Department shall notify the
Governor whenever the director determines that the conditions
specified in section 1201 of the Social Security Act, as amended,
or under any other Act of Congress extending such authority, have
been met.
(3) Any amount transferred to the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund by
the Secretary of the Treasury of the United States under the
terms of any agreement entered into in accordance with the
authority extended in this section, shall be repaid from the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund and as further provided in section 1202
of the Social Security Act, as amended.
SECTION 67. ORS 657.810 is amended to read:
657.810. (1) All moneys received for the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund
under ORS 657.805 shall be deposited with the State Treasurer
subject to ORS 657.830.
(2) All moneys in the fund shall be mingled and undivided and
shall be administered by the Director of the Employment
Department for the purpose of this chapter.
SECTION 68. ORS 657.812 is amended to read:
657.812. (1) Money credited to the account of this state in the
Unemployment Trust Fund by the Secretary of the Treasury of the
United States of America pursuant to section 903 of the Social
Security Act, as amended, may be requisitioned and used for the
payment of expenses incurred for the administration of this
chapter pursuant to a specific appropriation by the legislature,
provided that the expenses are incurred and the money is
requisitioned after the enactment of an appropriation law which:
(a) Specifies the purposes for which the money is appropriated
and the amounts appropriated therefor;
(b) Limits the period within which such money may be obligated
to a period ending not more than two years after the date of the
enactment of the appropriation law; and
(c) Limits the amount which may be obligated under such
appropriation at any time to an amount which does not exceed, at
any such time, the amount by which the aggregate of the amounts
transferred to the account of such state pursuant to section 903
of the Social Security Act, as amended, exceeds the aggregate
amount of the amounts used by the state for administration and
charged against the amounts transferred to the account of such
state.
(2) For purposes of this section, amounts obligated for
administrative purposes pursuant to an appropriation shall be
chargeable against transferred amounts at the exact time the
obligation is entered into. The appropriation, obligation,
expenditure or other disposition of money appropriated under this
section shall be accounted for in accordance with standards
established by the United States Secretary of Labor.
(3) Money appropriated as provided in this section for the
payment of expenses of administration shall be requisitioned as
needed for the payment of obligations incurred upon such
appropriation, and upon requisition shall be deposited in the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Administration Fund from which such payments shall
be made. Money so deposited shall, until expended, remain a part
of the { - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund and, if not expended, shall be returned
promptly to the account of this state in the
{ - Unemployment - } { + Reemployment Insurance + } Trust
Fund.
(4) Notwithstanding any other provision of this chapter, money
credited to the account of this state pursuant to section 903 of
the Social Security Act, as amended, and which has been or will
be appropriated for administrative expenses of the Employment
Department shall, for the purposes of the computation of fund
adequacy percentage ratio, be deemed a part of the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund.
SECTION 69. ORS 657.813 is amended to read:
657.813. Notwithstanding ORS 657.812, the Employment Department
may accept funds made available to this state under section 903
of the Social Security Act, as amended, for payment of
administrative expenses relating to the { - unemployment - }
{ + reemployment + } insurance program.
SECTION 70. ORS 657.815 is amended to read:
657.815. (1) There is created, separate and distinct from the
General Fund, the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Benefit Fund. Such fund shall
consist of all amounts withdrawn from the Federal Unemployment
Trust Fund, upon requisition of the Director of the Employment
Department, except as provided in ORS 657.812.
(2) This fund shall be used solely in the payment of benefits
under this chapter, exclusive of administration, and in the
payment of { - unemployment - } { + reemployment + }
insurance under any agreement with another governmental agency
whereby the latter will reimburse the fund for such expenditure;
provided that such use shall be consistent with the Federal
Unemployment Tax Act.
(3) The { - Unemployment Compensation - } { + Reemployment
Insurance + } Benefit Fund shall be the sole and exclusive source
for the payment of benefits payable under this chapter. Such
benefits shall be deemed to be due and payable only to the extent
that contributions, with increments thereon, actually collected
and credited to the fund are available therefor.
(4) The { - Unemployment Compensation - } { + Reemployment
Insurance + } Benefit Fund shall be held and administered by the
State Treasurer in the same manner as provided in ORS 657.830
(1). Interest earned on the fund shall be credited to the fund.
SECTION 71. ORS 657.820 is amended to read:
657.820. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Administration Fund, to consist of all moneys
received by the state or the Director of the Employment
Department for the expenses of administration of this chapter,
including such proportion of total expenses of maintaining public
employment offices incurred for the purposes of this chapter.
(2) Such fund shall be expended solely for the purposes
specified in this section, and its balances shall not lapse at
any time but shall remain continuously available to the director
for expenditures consistent with this section. Interest earned on
the fund shall be credited to the fund.
(3) All federal moneys allotted or apportioned to the state by
the Secretary of Labor, the Railroad Retirement Board or other
federal agency, for the administration of this chapter shall be
paid into such fund.
(4) All moneys made available by or received by this state
under the Wagner-Peyser Act entitled 'An Act to provide for the
establishment of a national employment system and for cooperation
with the states in the promotion of such system, and for other
purposes,' approved June 6, 1933, (48 Statutes 113; United States
Code, title 29, s49(c) as amended) shall be paid into the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Administration Fund and said moneys hereby are
appropriated and made available to the director to be expended as
provided by this chapter and by the Wagner-Peyser Act.
(5) All moneys received from the Railroad Retirement Board as
compensation for services or facilities supplied to said board
shall be paid into the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Administration Fund.
(6) Notwithstanding any provisions of this section, all moneys
requisitioned and deposited in this fund pursuant to the
provisions of ORS 657.657 and 657.805 to 657.820 shall remain
part of the Federal Unemployment Trust Fund and shall be used
only in accordance with conditions specified in ORS 657.657 and
657.805 to 657.820.
SECTION 72. ORS 657.822 is amended to read:
657.822. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Employment
Department Special Administrative Fund. Such fund shall consist
of moneys collected or received by the Employment Department
subsequent to July 1, 1965, as follows:
(a) All interest collected under ORS 657.515.
(b) All fines and penalties collected pursuant to this chapter.
(c) All gifts to or interest on or profits earned by the said
Special Administrative Fund.
(2) The moneys in the Employment Department Special
Administrative Fund are continuously appropriated only to the
Employment Department, and may not be transferred or otherwise
made available to any other state agency, to pay the expenses of
the Secretary of State incurred in performing the audit of the
Employment Department and such other expenses as may be included
in the biennial budget of the Employment Department and approved
by the Legislative Assembly for payment from the Employment
Department Special Administrative Fund. On July 1 of every
odd-numbered year, any amounts in the fund which have not been
appropriated in the biennial budget of the Employment Department
approved by the Legislative Assembly shall be transferred to the
State { - Unemployment Compensation - } { + Reemployment
Insurance + } Benefit Reserve Fund created by ORS 657.845.
SECTION 73. ORS 657.825 is amended to read:
657.825. (1) All moneys in the { - Unemployment
Compensation - } { + Reemployment Insurance + } Administration
Fund which are received from the federal government or any agency
thereof or which are appropriated by this state for the purposes
described in ORS 657.820 shall be expended solely for the
purposes and in the amounts found necessary by the Secretary of
Labor for the proper and efficient administration of this
chapter.
(2) If any moneys received for the { - Unemployment
Compensation - } { + Reemployment Insurance + } Administration
Fund under title III of the Social Security Act or the
Wagner-Peyser Act are found by the Secretary of Labor, because of
any action or contingency, to have been lost or been expended for
purposes other than, or in amounts in excess of, those found
necessary by the Secretary of Labor for the proper administration
of this chapter, it is the policy of this state that such moneys
shall be replaced by moneys appropriated for such purpose from
the General Fund of this state to the { - Unemployment
Compensation - } { + Reemployment Insurance + } Administration
Fund for expenditure as provided in ORS 657.820. Upon receipt of
notice of such a finding by the Secretary of Labor, the Director
of the Employment Department promptly shall report the amount
required for such replacement to the Governor. The Governor
shall, at the earliest opportunity, submit to the legislature a
request for the appropriation of such amount. This section shall
not be construed to relieve this state of its obligations with
respect to funds received prior to July 1, 1941, pursuant to
title III of the Social Security Act.
SECTION 74. ORS 657.830 is amended to read:
657.830. (1) The State Treasurer shall be the custodian of the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund and the { - Unemployment
Compensation - } { + Reemployment Insurance + } Benefit Fund.
(2) After clearance thereof, the State Treasurer immediately
shall deposit all moneys specified in ORS 657.805 which are
received from all sources as an accretion to the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund, with the Secretary of the Treasury of
the United States as custodian of the trust fund created by the
Federal Social Security Act.
(3) All moneys specified in ORS 657.822 shall be deposited in
the { - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund only for purposes of clearance. After
clearance thereof, the State Treasurer immediately shall deposit
all such moneys, less refunds made pursuant to the provisions of
ORS 657.510, in the Employment Department Special Administrative
Fund.
(4) Refunds payable pursuant to ORS 657.510 may be paid upon
warrants issued by the State Treasurer under direction of the
administrator from the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Trust Fund or the Employment
Department Special Administrative Fund, as appropriate.
SECTION 75. ORS 657.840 is amended to read:
657.840. (1) On the first day of the third month of a calendar
quarter the Director of the Employment Department shall:
(a) Estimate the interest payable, accrued through the end of
the calendar quarter, on federal advances obtained under the
provisions of ORS 657.807;
(b) Estimate the amount of federal advance interest repayment
tax receipts expected to be collected during the quarter for any
preceding calendar quarter in which such tax was assessed;
(c) Add the amount in the Federal Advance Interest Repayment
Fund on the last day of the immediately preceding calendar
quarter to the estimate in paragraph (b) of this subsection; and
(d) Subtract the sum obtained in paragraph (c) of this
subsection from the estimate in paragraph (a) of this subsection.
(2) If the remainder obtained in subsection (1)(d) of this
section is more than zero, each employer subject to this chapter
shall be assessed a federal advance interest repayment tax. Such
tax shall be a percentage of the regular { - unemployment - }
{ + reemployment + }tax payable under this chapter for the
calendar quarter. The percentage shall be determined by dividing
the remainder in subsection (1)(d) of this section by the
estimated amount of { - unemployment - } { + reemployment + }
tax due and payable on wages paid during the quarter. The
percentage shall be rounded up to the next full percent.
(3) The tax assessed under this section shall be collected in
such manner as the director may prescribe. Interest and penalties
applicable to the regular { - unemployment - }
{ + reemployment + } insurance tax shall be applicable to this
tax.
(4) There is hereby created a Federal Advance Interest
Repayment Fund as a separate fund in the State Treasury. Such
fund shall consist of all moneys received pursuant to this
section and interest earnings accruing to the fund and shall be
used only for the payment of interest accruing and payable on
advances received under ORS 657.807, except that if at the end of
any calendar quarter, all advances and interest have been repaid,
any remaining balance in the fund may be transferred to the
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Trust Fund.
(5) This section does not apply to public and nonprofit
employers making reimbursement payments as provided in ORS
657.505 and 657.513.
SECTION 76. ORS 657.845 is amended to read:
657.845. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the State
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Benefit Reserve Fund which is declared to be a
trust fund. Such fund shall consist of moneys collected or
received by the Employment Department pursuant to section 3,
chapter 685, Oregon Laws 1991.
(2) Any balance in the fund shall not lapse at any time.
(3) All moneys in the fund are appropriated continuously to the
Employment Department and shall be used solely to pay
{ - unemployment compensation - } { + reemployment
insurance + } benefits when the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund
balance lapses. Workers of this state who are eligible for
{ - unemployment compensation - } { + reemployment
insurance + } benefits are absolutely and irrevocably vested with
the beneficial ownership of all moneys lawfully credited to the
State { - Unemployment Compensation - } { + Reemployment
Insurance + } Benefit Reserve Fund for the purpose of
implementing the trust. The balance in the State
{ - Unemployment Compensation - } { + Reemployment
Insurance + } Benefit Reserve Fund shall be included with the
balance in the { - Unemployment Compensation - }
{ + Reemployment Insurance + } Trust Fund in any computation of
a fund adequacy percentage ratio under ORS chapter 657.
(4) All income earned on moneys in the State { - Unemployment
Compensation - } { + Reemployment Insurance + } Benefit Reserve
Fund invested by the State Treasurer shall accrue to the
Supplemental Employment Department Administration Fund created by
ORS 657.783.
SECTION 77. ORS 657.880 is amended to read:
657.880. In order to provide health care coverage for eligible
unemployed individuals, the Employment Department, upon approval
and funding by the Emergency Board, is authorized:
(1) To deduct an amount from { - unemployment
compensation - } { + reemployment insurance benefits + }
otherwise payable to an individual and to use the amount so
deducted to pay for health care coverage if the individual
voluntarily elects to have such deduction made, and such
deduction is made under a program which meets applicable federal
requirements and has been approved in accordance with the
provisions of this section, ORS 411.950 to 411.960 and 657.885.
(2) To certify to the Adult and Family Services Division those
unemployed individuals eligible to receive health care coverage
pursuant to criteria established by or pursuant to federal law in
order to receive federal funds for obtaining such coverage.
(3) To enter into contracts with other appropriate federal or
state agencies.
SECTION 78. ORS 657.895 is amended to read:
657.895. Notwithstanding any other provision of this chapter,
the Employment Department, at the direction of the Governor, may
take appropriate action to expedite and provide for the
implementation of { - an unemployment compensation - } { + a
reemployment insurance + } program not provided for in this
chapter, if the program is authorized by the United States
Secretary of Labor and if the director determines that the
program will be beneficial to the state and its people through
the receipt of additional federal money for { - unemployment
compensation - } { + reemployment insurance + } purposes. The
Employment Department shall notify interested parties if action
is taken under this section.
SECTION 79. ORS 657.925 is amended to read:
657.925. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Oregon JOBS Plus
Unemployment Wage Fund. The Oregon JOBS Plus Unemployment Wage
Fund shall consist of moneys collected or received by the
Employment Department pursuant to subsection (3) of this section.
(2) All income earned on moneys in the Oregon JOBS Plus
Unemployment Wage Fund invested by the State Treasurer shall
accrue to the fund. Any balance in the fund shall not lapse at
any time. All moneys in the fund are appropriated continuously to
the Employment Department for the payment of wages and
wage-related and administrative expenses of participants in the
JOBS Plus Program who are otherwise eligible to receive
{ - unemployment - } { + reemployment + } insurance benefits.
Such payments shall be made in the form of a reimbursement to the
Department of Human Services, which shall be the central
disbursement point for all employer-related financial
transactions under the provisions of chapters 561 and 816, Oregon
Laws 1995.
(3)(a) Notwithstanding the tax schedules in Table A of ORS
657.462, for wages paid during calendar year 1996, the tax rate
assigned each employer subject to ORS 657.459 and 657.462 shall
be determined in accordance with schedule I-H, II-H, III-H, IV-H,
V-H, VI-H, VII-H or VIII-H, whichever schedule is applicable
pursuant to provisions of law in effect for calendar year 1996.
The schedules are adopted as follows:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio I-H
200% and Over
Tax Rate Cumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
00.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 30.00%
30.00% but less than 35.00%
35.00% but less than 40.00%
40.00% but less than 45.00%
45.00% but less than 50.00%
50.00% but less than 55.00%
55.00% but less than 60.00%
60.00% but less than 65.00%
65.00% but less than 69.00%
69.00% but less than 73.00%
73.00% but less than 77.00%
77.00% but less than 80.00%
80.00% but less than 83.00%
83.00% but less than 86.00%
86.00% but less than 89.00%
89.00% but less than 91.00%
91.00% but less than 93.00%
93.00% but less than 95.00%
95.00% but less than 96.00%
96.00% but less than 96.90%
96.90% but less than 97.70%
97.70% but less than 98.40%
98.40% but less than 98.90%
98.90% but less than 99.30%
99.30% but less than 99.54%
99.54% but less than 99.63%
99.63% but less than 99.71%
99.71% but less than 99.78%
99.78% but less than 99.84%
99.84% but less than 99.89%
99.89% but less than 99.93%
99.93% but less than 99.96%
99.96% but less than 99.98%
99.98% but less than 99.99%
5.40% 99.99% to 100.00%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio II-H
190.00% but less than 200%
Tax Rate Cumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
00.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 30.00%
30.00% but less than 35.00%
35.00% but less than 40.00%
40.00% but less than 44.00%
44.00% but less than 48.00%
48.00% but less than 52.00%
52.00% but less than 56.00%
56.00% but less than 60.00%
60.00% but less than 64.00%
64.00% but less than 68.00%
68.00% but less than 72.00%
72.00% but less than 76.00%
76.00% but less than 79.00%
79.00% but less than 82.00%
82.00% but less than 85.00%
85.00% but less than 88.00%
88.00% but less than 90.00%
90.00% but less than 92.00%
92.00% but less than 93.50%
93.50% but less than 94.90%
94.90% but less than 96.20%
96.20% but less than 97.40%
97.40% but less than 98.54%
98.54% but less than 99.54%
99.54% but less than 99.63%
99.63% but less than 99.71%
99.71% but less than 99.78%
99.78% but less than 99.84%
99.84% but less than 99.89%
99.89% but less than 99.93%
99.93% but less than 99.96%
99.96% but less than 99.98%
5.40% 99.98% to 100.00%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio III-H
170.00% but less than 190%
Tax Rate Cumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
00.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 24.00%
24.00% but less than 28.00%
28.00% but less than 32.00%
32.00% but less than 36.00%
36.00% but less than 40.00%
40.00% but less than 44.00%
44.00% but less than 48.00%
48.00% but less than 52.00%
52.00% but less than 56.00%
56.00% but less than 60.00%
60.00% but less than 64.00%
64.00% but less than 68.00%
68.00% but less than 72.00%
72.00% but less than 76.00%
76.00% but less than 80.00%
80.00% but less than 84.00%
84.00% but less than 87.00%
87.00% but less than 90.00%
90.00% but less than 93.00%
93.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.43%
99.43% but less than 99.63%
99.63% but less than 99.72%
99.72% but less than 99.79%
99.79% but less than 99.85%
99.85% but less than 99.90%
99.90% but less than 99.94%
99.94% but less than 99.97%
5.40% 99.97% to 100.00%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio IV-H
145.00% but less than 170%
Tax Rate Cumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
10.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 24.00%
24.00% but less than 28.00%
28.00% but less than 32.00%
32.00% but less than 36.00%
36.00% but less than 40.00%
40.00% but less than 44.00%
44.00% but less than 48.00%
48.00% but less than 52.00%
52.00% but less than 56.00%
56.00% but less than 60.00%
60.00% but less than 64.00%
64.00% but less than 68.00%
68.00% but less than 72.00%
72.00% but less than 76.00%
76.00% but less than 80.00%
80.00% but less than 84.00%
84.00% but less than 88.00%
88.00% but less than 92.00%
92.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.40%
99.40% but less than 99.60%
99.60% but less than 99.70%
99.70% but less than 99.78%
99.78% but less than 99.85%
99.85% but less than 99.91%
99.91% but less than 99.96%
5.40% 99.96% to 100.00%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio V-H
125.00% but less than 145%
Tax Rate Cumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
10.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 29.00%
29.00% but less than 33.00%
33.00% but less than 37.00%
37.00% but less than 41.00%
41.00% but less than 45.00%
45.00% but less than 49.00%
49.00% but less than 53.00%
53.00% but less than 57.00%
57.00% but less than 61.00%
61.00% but less than 65.00%
65.00% but less than 69.00%
69.00% but less than 73.00%
73.00% but less than 77.00%
77.00% but less than 81.00%
81.00% but less than 85.00%
85.00% but less than 89.00%
89.00% but less than 92.00%
92.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.50%
99.50% but less than 99.65%
99.65% but less than 99.74%
99.74% but less than 99.82%
99.82% but less than 99.89%
99.89% but less than 99.95%
5.40% 99.95% to 100.00%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio VI-H
110.00% but less than 125%
Tax Rate Cumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
10.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 30.00%
30.00% but less than 35.00%
35.00% but less than 40.00%
40.00% but less than 44.00%
44.00% but less than 48.00%
48.00% but less than 52.00%
52.00% but less than 56.00%
56.00% but less than 60.00%
60.00% but less than 64.00%
64.00% but less than 68.00%
68.00% but less than 72.00%
72.00% but less than 76.00%
76.00% but less than 80.00%
80.00% but less than 84.00%
84.00% but less than 88.00%
88.00% but less than 92.00%
92.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.50%
99.50% but less than 99.70%
99.70% but less than 99.79%
99.79% but less than 99.87%
99.87% but less than 99.94%
5.40% 99.94% to 100.00%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio VII-H
100.00% but less than 110%
Tax Rate Cumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
10.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 30.00%
30.00% but less than 35.00%
35.00% but less than 40.00%
40.00% but less than 45.00%
45.00% but less than 50.00%
50.00% but less than 55.00%
55.00% but less than 60.00%
60.00% but less than 64.00%
64.00% but less than 68.00%
68.00% but less than 72.00%
72.00% but less than 76.00%
76.00% but less than 80.00%
80.00% but less than 84.00%
84.00% but less than 88.00%
88.00% but less than 92.00%
92.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.50%
99.50% but less than 99.70%
99.70% but less than 99.84%
99.84% but less than 99.93%
5.40% 99.93% to 100.00%
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Fund Adequacy Percentage Ratio VIII-H
Under 100%
Tax Rate Cumulative Taxable Payroll Limits
(Percentage of Total Taxable Payroll)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
10.00% but less than 10.00%
10.00% but less than 15.00%
15.00% but less than 20.00%
20.00% but less than 25.00%
25.00% but less than 30.00%
30.00% but less than 35.00%
35.00% but less than 40.00%
40.00% but less than 45.00%
45.00% but less than 50.00%
50.00% but less than 55.00%
55.00% but less than 60.00%
60.00% but less than 65.00%
65.00% but less than 70.00%
70.00% but less than 75.00%
75.00% but less than 80.00%
80.00% but less than 84.00%
84.00% but less than 88.00%
88.00% but less than 92.00%
92.00% but less than 95.00%
95.00% but less than 97.00%
97.00% but less than 98.20%
98.20% but less than 99.00%
99.00% but less than 99.50%
99.50% but less than 99.80%
99.80% but less than 99.92%
5.40% 99.92% to 100.00%
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(b) Notwithstanding any other provision of law, each taxpaying
employer subject to this chapter, other than employers whose
assigned tax rate is 5.4 percent, shall pay to the Employment
Department for each calendar quarter during 1996, an amount equal
to one-quarter of one percent of wages subject to taxation under
this chapter.
(c) All such moneys shall be paid and collected in the same
manner and at the same time as { - unemployment
compensation - } { + reemployment insurance + } taxes under
this chapter, unless the Director of the Employment Department
prescribes otherwise. After deduction of the actual shared costs
of the Employment Department in collecting the amounts under this
subsection, all such moneys shall be paid into the JOBS Plus
Unemployment Wage Fund.
(4) Any unexpended and unobligated moneys remaining in the JOBS
Plus Unemployment Wage Fund following the end of the program are
appropriated and transferred to the { - Unemployment
Compensation - } { + Reemployment Insurance + } Trust Fund on
that date.
(5) { - Unemployment compensation - } { + Reemployment
insurance + } recipients shall be referred to available work
through the JOBS Plus Program in accordance with the job referral
process used to refer applicants to available work. In addition,
job referral services shall be provided by the Employment
Department or the Department of Human Services, as appropriate.
When a program job is offered to { - an unemployment - } { +
a reemployment + } insurance recipient and the job is refused,
the Employment Department shall investigate the refusal and
identify and decide all issues arising therefrom, including
suspension of benefits, in accordance with the provisions of this
chapter.
(6) { - An unemployment - } { + A reemployment + }
insurance recipient shall be referred to the JOBS Plus Program if
the recipient is eligible for benefits under ORS 657.155.
(7) To the extent that additional moneys may be obtained for
the program from sources other than state tax revenues, the
additional moneys shall be appropriated to the fund.
SECTION 80. ORS 701.075 is amended to read:
701.075. (1) A person who wishes to obtain a construction
contractor license 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 the license 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 - } { + Reemployment + } 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) The board shall adopt by rule an application form that
requires an applicant to indicate, as set forth in ORS 670.600,
the basis under which the applicant qualifies as an independent
contractor.
(4) Prior to licensure, an applicant shall demonstrate
compliance with ORS 701.280 (2) and pass an examination based on
the licensure education requirements of ORS 701.280 (2).
SECTION 81. ORS 701.430 is amended to read:
701.430. (1) Except as provided in subsection (2) of this
section, a contractor or subcontractor may execute and deliver to
the owner, contractor or subcontractor before the commencement of
construction for which the contractor or subcontractor will be
responsible for performing a good and sufficient bond in a sum
equal to the contract price for the faithful performance of the
contract. The term of the bond required under this subsection
shall extend to include the period during which claims of lien or
notices of other encumbrances based on the construction performed
under the contract may be filed under applicable law. The bond
must be approved by the owner, contractor or subcontractor
entitled to withhold retainage. A faithful performance bond
delivered under this section shall include, but not be limited
to, provisions to the effect that:
(a) The obligations of the contract shall be faithfully
performed;
(b) Payment shall promptly be made to all persons supplying
labor or materials to the contractor or subcontractor for
prosecution of the work provided in the contract;
(c) All contributions due the Industrial Accident Fund and the
{ - State Unemployment Compensation - } { + Reemployment
Insurance Trust + } Fund from the contractor or subcontractor in
connection with the performance of the contract shall promptly be
made; and
(d) All sums required to be deducted and retained from the
wages of employees of the contractor or subcontractor pursuant to
the Personal Income Tax Act of 1969, shall be paid over to the
Department of Revenue.
(2) When a contractor or subcontractor does not obtain the bond
required under subsection (1) of this section, the owner,
contractor or subcontractor may withhold that percentage of the
contract price of the work completed as retainage that is agreed
to by the parties to the contract. The owner, contractor or
subcontractor shall pay interest at the rate of one percent per
month on the final payment due a contractor or subcontractor who
was unable to obtain the bond required under subsection (1) of
this section. The interest shall commence 10 days after the date
on which claims of lien or notices of other encumbrances based on
the construction performed under the contract must be properly
filed under applicable law. For purposes of this subsection, '
final payment due a contractor or subcontractor' means the amount
withheld as retainage minus the total dollar amount of liens and
other encumbrances resulting from the failure of the contractor
or subcontractor to faithfully perform the obligations of the
contract and properly filed within the time allowed under
applicable law.
SECTION 82. { + (1) Any reference in Oregon Revised Statutes
to unemployment insurance or unemployment compensation shall be
considered a reference to reemployment insurance.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating unemployment
insurance or unemployment compensation, wherever they occur in
Oregon Revised Statutes, other words designating reemployment
insurance.
(3) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Unemployment
Compensation Administration Fund, wherever they occur in Oregon
Revised Statutes, other words designating the Reemployment
Insurance Administration Fund.
(4) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Unemployment
Compensation Benefit Fund, wherever they occur in Oregon Revised
Statutes, other words designating the Reemployment Insurance
Benefit Fund.
(5) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Unemployment
Compensation Trust Fund, wherever they occur in Oregon Revised
Statutes, other words designating the Reemployment Insurance
Trust Fund.
(6) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the State
Unemployment Compensation Benefit Reserve Fund, wherever they
occur in Oregon Revised Statutes, other words designating the
State Reemployment Insurance Benefit Reserve Fund. + }
----------