71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 874
Sponsored by Senator DERFLER; Senator HARPER (at the request of
Ted Abram)
CHAPTER ................
AN ACT
Relating to the JOBS Plus Program; creating new provisions;
amending ORS 411.889, 411.892, 657.190 and 657.925; limiting
expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 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. - } { + be made in
accordance with ORS 411.892 (12). + }
(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
Enrolled Senate Bill 874 (SB 874-B) Page 1
(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)
Enrolled Senate Bill 874 (SB 874-B) Page 2
____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.
_______________________________________________________________
Enrolled Senate Bill 874 (SB 874-B) Page 3
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%
Enrolled Senate Bill 874 (SB 874-B) Page 4
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%
Enrolled Senate Bill 874 (SB 874-B) Page 5
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%
Enrolled Senate Bill 874 (SB 874-B) Page 6
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.
Enrolled Senate Bill 874 (SB 874-B) Page 7
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 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
Enrolled Senate Bill 874 (SB 874-B) Page 8
appropriated and transferred to the Unemployment Compensation
Trust Fund on that date.
(5) Unemployment { - compensation - } { + 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 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) { + (a) + } An unemployment insurance recipient shall be
referred to the JOBS Plus Program if the recipient is eligible
for benefits under ORS 657.155.
{ + (b) The Employment Department shall provide applicants
for unemployment insurance benefits with a JOBS Plus Program
brochure at the time of application. The brochure must clearly
describe the JOBS Plus Program and explain how an applicant can
effectively use the program.
(c) The Employment Department shall refer unemployment
insurance recipients as follows:
(A) If the Employment Department determines that the recipient
is likely to exhaust the recipient's unemployment insurance claim
without finding an unsubsidized job, the Employment Department
shall begin reviewing the recipient for referral to available
unsubsidized and subsidized jobs as soon as possible but in no
case later than the fourth week after the week in which the
recipient applied for unemployment insurance benefits.
(B) If the recipient is not referred to the JOBS Plus Program
in accordance with subparagraph (A) of this paragraph and has not
obtained unsubsidized employment within eight weeks of the week
after the recipient applied for unemployment insurance benefits,
the Employment Department shall reassess the recipient's
reemployability and refer the recipient to the JOBS Plus Program
if appropriate.
(d) Notwithstanding ORS 411.892 (4)(d)(A) and (B), unemployment
insurance recipients may participate in the JOBS Plus Program for
no more than 13 weeks, unless the department determines that an
additional period of participation in the program of up to 13
weeks is appropriate.
(e) Employers participating in the JOBS Plus Program by
providing subsidized employment to JOBS Plus Program recipients
through the Employment Department shall be reimbursed in
accordance with ORS 411.892 (12). + }
(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 2. ORS 657.190 is amended to read:
657.190. { + (1) + } In determining whether { - or not - }
any work is suitable for an individual, the Director of the
Employment Department shall consider, among other factors, the
degree of risk involved to the health, safety and morals of the
individual, the physical fitness and prior training, experience
and prior earnings of the individual, the length of unemployment
and prospects for securing local work in the customary occupation
of the individual and the distance of the available work from the
residence of the individual.
Enrolled Senate Bill 874 (SB 874-B) Page 9
{ + (2) Notwithstanding subsection (1) of this section, the
director may refer claimants to JOBS Plus Program jobs for which
the claimant does not have adequate skills or experience when the
JOBS Plus Program job is likely to result in an upgrade in the
claimant's skills and experience. + }
SECTION 3. 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
{ + or Employment Department, as appropriate, + } 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 - } { + may 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 - }
{ + Director of Human Services or Director of the Employment
Department, as appropriate, + }may waive the limit in special
circumstances.
(c) The Department of Human Services { + or Employment
Department, as appropriate, + } 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 { + of Human Services or Employment
Department, as appropriate, + } shall ensure that jobs made
available to program participants { - shall - } :
(a) { + Do + } not require work in excess of 40 hours per
week;
(b) { - Be - } { + Are + } in conformity with section
3304(a)(5) of the Federal Unemployment Tax Act;
(c) { + Are + } not { - be - } used to displace regular
employees or to fill unfilled positions previously established;
and
(d) { + Do + } 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 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
Trust Fund or in the temporary assistance for needy families
Enrolled Senate Bill 874 (SB 874-B) Page 10
budget of the { - Adult and Family Services Division - }
{ + Department of Human Services + }.
(4)(a) Individuals desiring work through the program shall
contact the nearest { - Adult and Family Services Division - }
{ + Department of Human Services + } 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 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 { + of Human
Services or Employment Department + } office. In such event, the
Department { + of Human Services or Employment 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) { + Subject to ORS 657.925 (6)(d), + } 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) { + Subject to ORS 657.925 (6)(d), + } 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 - }
{ + Department of Human Services + } 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 { + of Human Services + } 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 - } { + may
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
Enrolled Senate Bill 874 (SB 874-B) Page 11
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 { + of Human Services + }
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
Enrolled Senate Bill 874 (SB 874-B) Page 12
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) - } { + (14) + } 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
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) { + (A) + } The Department { + of Human Services + }
shall reimburse employers for the employers' share of social
security, unemployment insurance and workers' compensation
premiums paid on behalf of program participants { + , other than
those who are unemployment insurance claimants, referred to the
employer by the Department of Human Services + }, as well as the
minimum wage earnings paid { + by the employer + } to program
participants { - by the employer - } { + referred to the
employer by the Department of Human Services.
(B) The Employment Department shall reimburse employers $5 per
hour paid by the employer as earnings to JOBS Plus Program
participants, who are unemployment insurance claimants and are
referred to the employer by the Employment Department + }.
(b) If the Department { + of Human Services or Employment
Department + } finds that an employer has violated any of the
rules of the JOBS Plus Program, the { + appropriate + }
department:
(A) Shall withhold any amounts due to employers under paragraph
(a) of this subsection.
Enrolled Senate Bill 874 (SB 874-B) Page 13
(B) May seek repayment of any amounts paid to employers under
paragraph (a) of this subsection.
{ + (13) Subject to ORS 657.925 (6)(d), for unemployment
insurance claimants participating in the JOBS Plus Program:
(a) If after nine weeks in a placement, a participant has not
been hired for an unsubsidized position, the employer shall allow
the worker to undertake up to five hours of job search per week.
Participating employers shall consider this time as hours worked
for the purposes of paying wages.
(b) If after 13 weeks in a placement, a participant has not
been hired for an unsubsidized position, the employer shall
terminate the placement and the Employment Department shall
assess the participant's employment development plan. + }
{ - (13) - } { + (14) + } For purposes of this section,
'employer' shall include professional placement services,
professional employment organizations and temporary employment
agencies.
SECTION 4. ORS 411.889 is amended to read:
411.889. The Employment Department and the Department of Human
Services shall explore contracting for job procurement and
placement services with private job placement
institutions { + . + } { - , and - } If contracting is deemed
beneficial, { + the Employment Department and the Department of
Human Services are encouraged to and + } shall have the authority
to contract with private placement firms.
SECTION 5. { + An amount up to $5.5 million shall be loaned
from the Supplemental Employment Department Administration Fund
to the Oregon JOBS Plus Unemployment Wage Fund as necessary 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 insurance benefits. The
principal amount of moneys loaned under this section shall be
repaid from the Oregon JOBS Plus Unemployment Wage Fund to the
Supplemental Employment Department Administration Fund on or
before July 1, 2002. + }
SECTION 6. { + Notwithstanding any other law, the limitation
on expenditures established by law for the biennium beginning
July 1, 2001, as the maximum limit for payment of expenses from
fees, moneys or other revenues, including Miscellaneous Receipts,
but excluding federal funds and lottery funds, collected or
received by the Employment Department, is increased by
$12,429,624 for the purposes of carrying out the provisions of
section 5 of this 2001 Act and the amendments to ORS 411.889,
411.892, 657.190 and 657.925 by sections 1 to 4 of this 2001
Act. + }
SECTION 7. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
----------
Enrolled Senate Bill 874 (SB 874-B) Page 14
Passed by Senate June 7, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 14, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 874 (SB 874-B) Page 15
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 874 (SB 874-B) Page 16