72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 341
 
LC 2099/SB 341-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 341
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                            April 14
 
  On page 1 of the printed bill, line 2, after the first
semicolon insert 'creating new provisions;' and after ' 658.005'
insert ', 658.115 and 658.991'.
  In line 24, after 'service' insert ', as defined in section 2
of this 2003 Act'.
  In line 26, delete '(5)' and insert '  { +  SECTION 2. + } (1)
As used in this section,'.
  On page 2, after line 4, insert:
  ' (2) A person may not operate an employment listing service in
this state unless the Commissioner of the Bureau of Labor and
Industries has approved:
  ' (a) Fees that the employment listing service charges an
individual for its services;
  ' (b) Increases in fees that the employment listing service
charges an individual for its services;
  ' (c) The terms of contracts entered into between the
employment listing service and an individual;
  ' (d) Any changes that materially alter the terms and
conditions of contracts that the employment listing service
requires individuals who use its services to sign;
  ' (e) The methods that the employment listing service uses to
confirm and keep current the lists of specified positions of
employment available with an employer that the employment listing
service provides to individuals; and
  ' (f) Changes in the methods that the employment listing
service uses to confirm and keep current the lists of specified
positions of employment available with an employer.
  ' (3) The commissioner shall adopt rules regulating the types
of changes in the methods described in subsection (2)(f) of this
section that require approval under subsection (2) of this
section.
  '  { +  SECTION 3. + } ORS 658.115 is amended to read:
  ' 658.115. (1) In addition to any other penalty provided by
law, the Commissioner of the Bureau of Labor and Industries may
assess a civil penalty not to exceed $2,000 against any person,
firm, organization, limited liability company or corporation that
has violated any provisions of ORS 658.005 to 658.245  { + or
section 2 of this 2003 Act + } or the rules adopted pursuant
thereto.
  ' (2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
  ' (3) All penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund and are
available for general governmental expenses.
  '  { +  SECTION 4. + } ORS 658.991 is amended to read:
  ' 658.991. (1) Violation of ORS 658.005 to 658.245  { + or
section 2 of this 2003 Act + } is punishable, upon conviction, by
a fine of not more than $250 or by imprisonment in the county
jail for not more than 60 days, or by both.
  ' (2) Violation of ORS 658.452 is a Class A misdemeanor.
  ' (3) Any person who intentionally defaces, alters or changes a
license or permit to act as a farm labor contractor, or who uses
the license or permit of another or knowingly permits that
person's license or permit to be used by another, or who acts as
a farm labor contractor without a valid license or permit under
ORS 658.405 to 658.503, is guilty of a Class A misdemeanor.
  ' (4) Any person who willfully swears or affirms falsely under
ORS 658.415 (1), (2) or (3) in regard to any matter concerning
which an oath or affirmation is required, or who solicits or
induces another person to do so, whether or not the matter sworn
to or affirmed is material, is guilty of a Class A misdemeanor.
  ' (5) Violation of ORS 658.440 (1)(f), (g) or (h), (2)(c) or
(3)(a), (b), (c), (e), (f) or (g) is a Class C misdemeanor.
  ' (6) Any person who violates the provisions of ORS 658.410 (1)
or 658.417 (1) is guilty of a Class C felony if:
  ' (a) The person has previously been convicted of violating the
provisions of ORS 658.410 (1) or 658.417 (1);
  ' (b) The person's license to act as a farm labor contractor
has been suspended, revoked or denied; or
  ' (c) The person is acting in violation of an outstanding order
of any court of competent jurisdiction arising out of the
enforcement of ORS 658.405 to 658.503.
  '  { +  SECTION 5. + }  { + Section 2 of this 2003 Act and the
amendments to ORS 658.115 and 658.991 by sections 3 and 4 of this
2003 Act become operative on January 1, 2004. + } ' .
  In line 5, delete '2' and insert '6'.
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