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 957-1
 
                         Senate Bill 430
 
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 provisions relating to eligibility of dislocated
workers for training and changes type of training provided.
Modifies eligibility of part-time workers for unemployment
benefits if workers seek additional education. Limits amounts
expended each biennium for benefits paid to eligible workers.
 
                        A BILL FOR AN ACT
Relating to unemployment insurance benefits programs; creating
  new provisions; amending ORS 329.920, 657.155, 657.335,
  657.337, 657.340, 657.345 and 657.350; and repealing ORS
  657.342.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 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. - }
   { +  (1) 'Eligible workers' means individuals who are
unemployed as described in ORS 657.100 and eligible for benefits
under ORS 657.150 unless otherwise disqualified under this
chapter.
  (2) 'Skills gap training' means:
  (a) Training and education that provides occupation-specific
skills required in growth and demand occupations, as determined
by the Director of the Employment Department.
  (b) Retraining and basic education, including literacy skills,
designed to enhance an individual's potential or to prepare an
individual for gainful employment or self-employment. + }
  SECTION 2. 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 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 Trust Fund shall not exceed $12 million, for the
biennium beginning July 1, 1995. - }
   { +  (1) The State of Oregon recognizes that a segment of the
population faces difficulty in gaining or maintaining employment
due to lack of skills or education. New skills will allow that
segment of the population to better adapt to advancements in
technological improvements and the effects of automation in the
workplace and business or industry relocation.
  (2) The policy of this state is to promote economic vitality
and workforce development by providing eligible unemployed
workers with unemployment insurance and employment services while
they are receiving skills gap training or other education in
order to obtain employment and to be self-sufficient. + }
  SECTION 3. ORS 657.340 is amended to read:
  657.340. (1) { + (a) + }   { - Dislocated - }
 { + Eligible + } workers approved for
  { - professional technical - }   { + skills gap + } training
 { - shall - }   { + may + } not be denied unemployment insurance
benefits solely because they are attending   { - professional
technical - }  training   { - , nor shall such individual - }
 { + .
  (b) Eligible workers approved for skills gap training may
not + } be denied  { + unemployment insurance + } 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 - }  { + worker's + } average weekly wage
during the base year.
   { +  (c) Eligible workers approved for skills gap training may
not be denied unemployment insurance benefits for refusing to
accept work if the work offered is part-time or temporary or pays
less than 80 percent of the worker'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 - }   { + eligible + } workers
 { + who are + } approved for
  { - professional technical - }   { + skills gap + } training
and  { + who are + } otherwise eligible for  { + unemployment + }
benefits   { - shall not be - }   { + are not + } ineligible for
such benefits or waiting week credit because of attendance in
 { - professional technical - }   { + approved + } training.
    { - (3) Eligible dislocated workers who file valid
unemployment compensation 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 4. ORS 657.345 is amended to read:
  657.345. (1) Individuals who are identified as dislocated
workers under the procedures of   { - Title III of the Job
Training Partnership Act, as amended by the Economic Dislocation
and Worker Adjustment Act (P.L. 100-418), - }  { +  Title I-B of
the Workforce Investment Act of 1998 (P.L. 105-220) + } and its
implementing regulations   { - , and - }   { + or + } who attend
training programs identified under the  { + Workforce
Investment + } Act  { + of 1998 shall be considered to be
eligible workers as defined in ORS 657.335 and + } shall be
considered to be in approved   { - professional technical - }
 { + skills gap + } training.   { - The training - }
 { + Attendance by individuals in training programs identified in
this subsection + } shall be for occupations or skills for which
there are or are expected to be reasonable employment
opportunities in the area or in another area to which the
individual is willing to relocate or which relate to the
development of a self-employment enterprise for which there is
reasonable opportunity for success.
   { +  (2) Individuals who attend training provided by an
employer that meets all labor or employment law requirements
applicable to employer-provided training shall be considered to
be in approved skills gap training. + }
 
    { - (2) - }   { + (3) + } In approving   { - professional
technical - }   { + skills gap + } training for eligible
 { - dislocated - }  workers who do not attend training programs
identified in subsection (1) of this section, the Director of the
Employment Department shall require:
  (a) That the   { - professional technical - }   { + skills
gap + } training relates to an occupation or skill for which
there are, or are expected to be, reasonable employment
opportunities in this state or relates to the development of a
self-employment enterprise for which there is a reasonable
opportunity for success.
  (b) That the individual has the qualifications and aptitudes to
successfully complete such   { - professional technical - }
training.
  SECTION 5. ORS 657.350 is amended to read:
  657.350. The Director of the Employment Department  { - , in
consultation with the Job Training Partnership Act section of the
Department of Community Colleges and Workforce Development, - }
shall promulgate rules as necessary for the administration of ORS
657.335 to 657.360, including but not limited to procedures for
approval, undertaking periodic reviews for continued approval, or
for disapproval of   { - professional technical - }  training for
an individual.  { + The director shall consult with the
Department of Community Colleges and Workforce Development on
rulemaking for dislocated workers to ensure that all programs
provide an integrated system of service delivery. + }
  SECTION 6.  { + Section 7 of this 2001 Act is added to and made
a part of ORS 657.335 to 657.360. + }
  SECTION 7.  { + Except for individuals in approved training
under ORS 657.345 (1) and 657.357, the total amount of benefits
payable to individuals under ORS 657.335 to 657.360 may not
exceed $7 million for each biennium. + }
  SECTION 8. ORS 657.155 is amended to read:
  657.155. (1) An unemployed individual shall be eligible to
receive benefits with respect to any week only if the Director of
the Employment Department finds that:
  (a) The individual has registered for work at and thereafter
has continued to report at an employment office in accordance
with such rules as the director may prescribe. However, the
director may, by rule, waive or alter either or both of the
requirements of this subsection as to individuals attached to
regular jobs and as to such other types of cases or situations
with respect to which the director finds that compliance with
such requirements would be oppressive, or would be inconsistent
with the purposes of this chapter; provided, that no such rule
conflicts with ORS 657.255.
  (b) The individual has made a claim for benefits with respect
to such week in accordance with ORS 657.260.
  (c) The individual is able to work, is available for work, and
is actively seeking and unable to obtain suitable work. No
individual participating in a community work and training
program, as defined in ORS 411.855, shall, solely by reason
thereof, be unavailable for work within the meaning of this
section.
  (d) The individual has been unemployed for a waiting period of
one week.
  (e) The individual is not disqualified from benefits or
ineligible for benefits under any other section of this chapter.
  (f) The individual is qualified for benefits under ORS 657.150.
  (2) An individual who leaves the normal labor market area of
the individual for the major portion of any week is presumed to
be unavailable for work within the meaning of this section. This
presumption may be overcome if the individual establishes to the
satisfaction of the director that the individual has conducted a
bona fide search for work and has been reasonably accessible to
suitable work in the labor market area in which the individual
spent the major portion of the week to which the presumption
applies.
   { +  (3) An individual who is not available for work during
all of the usual hours and days of the week customary for the
work being sought because the individual is enrolled in one or
more classes of education or is continuing in a certificate or
degree program may not be deemed unavailable for work, provided
that:
  (a) The enrollment only limits the availability of the
individual for one shift; and
  (b) The individual is otherwise available to work any of the
other customary shifts. + }
    { - (3) - }   { + (4) + } The director shall either promptly
allow credit or pay benefits for any week for which benefits are
claimed or promptly give notice of denial thereof in the manner
provided in ORS 657.267 and 657.268.
  SECTION 9. ORS 657.335, as amended by section 1 of this 2001
Act, is amended to read:
  657.335. As used in ORS 657.335 to 657.360:
  (1) 'Eligible  { + dislocated + }workers' means individuals
who { + : + }
  { - are unemployed as described in ORS 657.100 and eligible for
benefits under ORS 657.150 unless otherwise disqualified under
this chapter. - }
    { - (2) 'Skills gap training' means: - }
    { - (a) Training and education that provides
occupation-specific skills required in growth and demand
occupations, as determined by the Director of the Employment
Department. - }
    { - (b) Retraining and basic education, including literacy
skills, designed to enhance an individual's potential or to
prepare an individual for gainful employment or
self-employment. - }
   { +  (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 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) 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;
or
  (d) Are displaced homemakers who have been providing unpaid
services to family members in the home and have been dependent on
the income of another family member, but are no longer supported
by that income, are unemployed or underemployed and are
experiencing difficulty in obtaining or upgrading employment.
  (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. 'Professional technical
training' does not include programs of instruction for an
individual (including transfer credit programs of instruction
given at community colleges) that 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 that require a baccalaureate or higher degree from
institutions of higher education unless approved by the Director
of the Employment Department. + }
  SECTION 10. ORS 657.337, as amended by section 2 of this 2001
Act, is amended to read:
  657.337.   { - (1) The State of Oregon recognizes that a
segment of the population faces difficulty in gaining or
maintaining employment due to lack of skills or education. New
skills will allow that segment of the population to better adapt
to advancements in technological improvements and the effects of
automation in the workplace and business or industry
relocation. - }
    { - (2) The policy of this state is to promote economic
vitality and workforce development by providing eligible
unemployed workers with unemployment insurance and employment
services while they are receiving skills gap training or other
education in order to obtain employment and to be
self-sufficient. - }
   { +  (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 this state is to promote workforce
development by providing eligible dislocated workers with
unemployment compensation 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 Department of Community
Colleges and Workforce Development will implement the necessary
strategies, systems and structures that 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 this state to make the best use of
currently existing service delivery vehicles, training programs
and assessment devices to provide services to eligible dislocated
workers. + }
  SECTION 11. ORS 657.340, as amended by section 3 of this 2001
Act, is amended to read:
  657.340. (1)  { - (a) Eligible - }   { + Dislocated + } workers
approved for
  { - skills gap - }   { + professional technical + } training
may not be denied unemployment insurance benefits solely because
they are attending  { +  professional technical + }
training { + , nor may such worker 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
worker's average weekly wage during the base year + }.
    { - (b) Eligible workers approved for skills gap training may
not be denied unemployment insurance 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
worker's average weekly wage during the base year. - }
    { - (c) - }   { + (2) + }   { - Eligible - }
 { + Dislocated + } workers approved for   { - skills gap - }
 { + professional technical + } training may not be denied
unemployment insurance benefits for refusing to accept work if
the work offered is part-time or temporary or pays less than 80
percent of the worker's average weekly wage during the base year.
    { - (2) - }   { + (3) + } Notwithstanding provisions of this
chapter relating to availability for work, actively seeking work
or refusal to accept suitable work,   { - eligible - }
 { + dislocated + } workers who are approved for   { - skills
gap - }   { + professional technical + } training and who are
otherwise eligible for unemployment benefits are not ineligible
for such benefits or waiting week credit because of attendance in
 { - approved - }   { + professional technical + } training.
  SECTION 12. ORS 657.345, as amended by section 4 of this 2001
Act, is amended to read:
  657.345. (1) Individuals who are identified as dislocated
workers under the procedures of Title I-B of the Workforce
Investment Act of 1998 (P.L. 105-220) and its implementing
regulations   { - or - }   { + and + } who attend training
programs identified under the Workforce Investment Act of 1998
shall be considered to be
  { - eligible workers as defined in ORS 657.335 and shall be
considered to be - }  in approved   { - skills gap - }
 { + professional technical + } training.   { - Attendance by
individuals in training programs identified in this
subsection - }   { + The training + } shall be for occupations or
skills for which there are or are expected to be reasonable
employment opportunities in the area or in another area to which
the individual is willing to relocate or which relate to the
development of a self-employment enterprise for which there is
reasonable opportunity for success.
    { - (2) Individuals who attend training provided by an
employer that meets all labor or employment law requirements
applicable to employer-provided training shall be considered to
be in approved skills gap training. - }
    { - (3) - }   { + (2) + } In approving   { - skills gap - }
 { + professional technical + } training for eligible
 { + dislocated + } workers who do not attend training programs
identified in subsection (1) of this section, the Director of the
Employment Department shall require:
  (a) That the   { - skills gap - }   { + professional
technical + } training relates to an occupation or skill for
which there are, or are expected to be, reasonable employment
opportunities in this state or relates to the development of a
self-employment enterprise for which there is a reasonable
opportunity for success.
  (b) That the individual has the qualifications and aptitudes to
successfully complete such  { + professional technical + }
training.
  SECTION 13.  { + The amendments to ORS 657.335, 657.337,
657.340 and 657.345 by sections 9 to 12 of this 2001 Act become
operative on January 1, 2006. + }
  SECTION 14. ORS 329.920 is amended to read:
  329.920. (1) The Education and Workforce Policy Advisor and the
regional workforce committees, with the advice and participation
of partner agencies, are responsible for furthering the policies,
goals and objectives of this state as described in ORS 329.905
and 329.915.
  (2) The advisor and the committees shall help ensure
achievement of this state's goals and objectives by effective and
efficient coordination and oversight of all the
employment-related training, education and job placement programs
of this state.
  (3) As used in this section, 'partner agencies' means those
agencies that are recipients of workforce development funds under
ORS 329.905 to 329.920  { - , - }   { + and + } 329.930 to
329.975   { - and 657.337 - } .
  SECTION 15.  { + ORS 657.342 is repealed. + }
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