72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 341
Sponsored by Senator BEYER
CHAPTER ................
AN ACT
Relating to employment agencies; creating new provisions;
amending ORS 658.005, 658.115 and 658.991; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 658.005 is amended to read:
658.005. As used in ORS 658.005 to 658.245, unless the context
requires otherwise:
(1) 'Applicant for employment' or 'applicant' means an
individual who is seeking or who has obtained employment through
the services of an employment agency.
(2) 'Charge for services' means any money or other
consideration paid or promised to be paid by an applicant for
employment for services rendered by an employment agency.
{ + (3) 'Commissioner' means the Commissioner of the Bureau
of Labor and Industries. + }
{ - (3) - } { + (4)(a) + } 'Employment agency' or 'agency'
means a business, service, bureau or club operated by a person,
firm, organization, limited liability company or corporation
engaged in procuring for a fee, employment for others and
employees for employers.
{ - (4) - } { + (b) + } 'Employment agency' or 'agency'
does not include:
{ - (a) - } { + (A) + } A nursing school, business school
or career school that does not charge a fee for placement.
{ - (b) - } { + (B) + } Any business, person, service,
bureau, organization or club that by advertisement or otherwise
offers as its main object or purpose to counsel, teach or prepare
individuals to obtain employment, and which charges for its
services, whether in the form of dues, tuition, membership fees,
registration fees or any other valuable service.
{ - (c) - } { + (C) + } Any business, service, bureau or
club operated by a person { - , firm, organization, limited
liability company or corporation - } engaged in procuring
employment for others when the charges for services are paid,
directly or indirectly, by anyone other than the applicant for
employment.
{ + (D) An employment listing service, as defined in section
2 of this 2003 Act. + }
{ - (5) 'Commissioner' means the Commissioner of the Bureau
of Labor and Industries. - }
SECTION 2. { + (1) As used in this section, 'employment
listing service' means a business operated by a person that:
Enrolled Senate Bill 341 (SB 341-B) Page 1
(a) Provides lists of specified positions of employment
available with an employer other than the employment listing
service or that holds itself out to individuals as able to
provide information about specific positions of employment with
an employer other than the employment listing service;
(b) Charges an individual a fee for its services; and
(c) Does not arrange or set up interviews between an individual
and a prospective employer or otherwise intercede between an
individual and a prospective employer but may offer limited
counseling and employment-related services to an individual that
includes, but is not limited to, personal grooming and appearance
and interview preparation.
(2) A person who operates an employment listing service in this
state shall provide to an individual a copy of:
(a) The fee schedule that the employment listing service
charges an individual for its services;
(b) All contracts entered into between the employment listing
service and the individual; and
(c) Any changes in the fees that the employment listing service
charges an individual who uses its services.
(3) The Commissioner of the Bureau of Labor and Industries
shall adopt rules relating to:
(a) The terms of contracts that an employment listing service
requires an individual who uses its services to sign;
(b) Fees charged by an employment listing service for its
services; and
(c) The methods that an 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.
(4) In addition to the penalties provided under ORS 658.115 and
658.991, an employment listing service shall forfeit any fees
received as a result of a violation of any provision of
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
Enrolled Senate Bill 341 (SB 341-B) Page 2
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 658.005, 658.115 and 658.991 by sections 1, 3 and 4 of
this 2003 Act become operative on January 1, 2004. + }
SECTION 6. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect July 1,
2003. + }
----------
Passed by Senate April 16, 2003
Repassed by Senate May 29, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 27, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 341 (SB 341-B) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 341 (SB 341-B) Page 4