72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2099
 
                         Senate Bill 341
 
Sponsored by Senator BEYER
 
 
                             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.
 
  Excludes employment listing services from definition of
employment agency.
  Declares emergency, effective July 1, 2003.
 
                        A BILL FOR AN ACT
Relating to employment agencies; amending ORS 658.005; 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. + }
    { - (5) 'Commissioner' means the Commissioner of the Bureau
of Labor and Industries. - }
   { +  (5) 'Employment listing service' means a business
operated by a person that:
  (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. + }
  SECTION 2.  { + 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. + }
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