Relating to unemployment compensation; creating new provisions; amending ORS 657.337 and section 1, chapter 34, Oregon Laws 2003 (Enrolled Senate Bill 2); and declaring an emergency.

 
 
 
     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 3661
 
                         Senate Bill 903
 
Sponsored by Senators COURTNEY, HANNON, Representative MINNIS;
  Senators BROWN, CLARNO, Representatives KAFOURY, KNOPP
 
 
                             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.
 
  Extends emergency unemployment benefits for up to 15 weeks for
period ending September 27, 2003.
  Allows eligible dislocated workers who are in approved
professional technical training program to receive supplemental
unemployment compensation through June 30, 2005.
  Allows eligible unemployed workers who have exhausted benefits
to receive temporary additional benefits for 6.5 weeks under
certain conditions of high unemployment.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to unemployment compensation; creating new provisions;
  amending ORS 657.337 and section 1, chapter 34, Oregon Laws
  2003 (Enrolled Senate Bill 2); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 1, chapter 34, Oregon Laws 2003 (Enrolled
Senate Bill 2), is amended to read:
   { +  Sec. 1. + } (1) As used in this section:
  (a) 'Emergency benefit period' means a period beginning the
week after   { - the effective date of this 2003 Act - }
 { + April 1, 2003, + } and ending on   { - December - }
 { + September + } 27, 2003.
  (b) 'Oregon emergency benefits' means unemployment benefits
totally financed by the state and payable under ORS chapter 657
to individuals described in subsection (2) of this section during
an emergency benefit period.
  (c) 'Regular benefits' has the meaning given that term in ORS
657.321.
  (2) During an emergency benefit period, an individual may
receive Oregon emergency benefits in an amount equal to the
weekly benefit amount of the individual's most recent regular
unemployment benefit claim subject to the provisions of ORS
chapter 657 if:
  (a) The individual has exhausted regular benefits under ORS
chapter 657;
  (b) The individual is not eligible for any other unemployment
benefits, including benefits provided under any federal law
extending benefits beyond those provided for as regular benefits;
  (c) The individual otherwise continues to meet the eligibility
requirements for regular benefits under ORS chapter 657; and
  (d) The individual's benefit year expired after January 5,
2002.
  (3) The maximum Oregon emergency benefits an individual may
receive under this section is   { - 50 - }   { + 57 + } percent
of the individual's most recent regular unemployment benefit
claim.
  (4) The Employment Department may not charge an employer's
account for benefits paid to an unemployed individual under this
section. Notwithstanding ORS 657.504, reimbursing political
subdivisions, reimbursing nonprofit employers and reimbursing
Indian tribes are not required to pay into the Unemployment
Compensation Trust Fund an amount equal to the benefits paid to
an unemployed individual under this section.
    { - (5)(a) - }   { + (5) + } The provisions of this section
apply only for weeks beginning the week after   { - the effective
date of this 2003 Act - }   { + April 1, 2003, + } and ending on
 { - December - }   { + September + } 27, 2003.
    { - (b) Notwithstanding paragraph (a) of this subsection, the
Director of the Employment Department may immediately stop
payments of Oregon emergency benefits when the director
determines that the total of such payments would exceed $29
million if paid for the succeeding calendar week. - }
  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 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 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 through June 30,
 { - 2003 - }  { +  2005 + }.
  SECTION 3.  { + (1) As used in sections 3 to 6 of this 2003
Act:
  (a) 'Temporary additional benefits' means benefits totally
financed by the state and payable under ORS chapter 657 to
exhaustees, as defined in ORS 657.321, by reason of conditions of
high unemployment.
  (b) 'Temporary additional benefit period' means a period, not
within an extended benefit period as defined in ORS 657.321,
that:
  (A) Begins with the third week after a week for which there is
a state temporary additional benefits 'on' indicator; and
  (B) Ends with the third week after the first week for which
there is a state temporary additional benefits 'off' indicator.
  (2) Notwithstanding the provisions of subsection (1)(b) of this
section, no temporary additional benefit period may begin by
reason of a state temporary additional benefit 'on' indicator
before the eighth week following the end of a prior temporary
 
additional benefit period that was in effect with respect to this
state.
  (3) There is a state temporary additional benefit 'on '
indicator for any week for which the Director of the Employment
Department determines that:
  (a) For the period consisting of such week and the immediately
preceding 12 weeks, the rate of insured unemployment (not
seasonally adjusted) equaled or exceeded four percent; or
  (b) For the period consisting of such week and the immediately
preceding 12 weeks, the rate of total unemployment (not
seasonally adjusted) equaled or exceeded 6.5 percent.
  (4) There is a state temporary additional benefits 'off '
indicator for any week for which the director determines that:
  (a) For the period consisting of such week and the immediately
preceding 12 weeks, the rate of insured unemployment (not
seasonally adjusted) was less than four percent; and
  (b) For the period consisting of such week and the immediately
preceding 12 weeks, the rate of total unemployment (not
seasonally adjusted) was less than 6.5 percent.
  (5) For purposes of this section, the 'rate of insured
unemployment' has the meaning given that term in ORS 657.321. + }
  SECTION 4.  { + During a temporary additional benefit period,
an individual who qualifies as an exhaustee as defined in ORS
657.321, who continues to otherwise meet the eligibility
requirements for regular benefits under the provisions of ORS
chapter 657, whose benefit year expired after January 5, 2002,
and who is not eligible for any other unemployment benefits,
including benefits provided for by any federal law extending
benefits beyond those provided for as regular benefits or
extended benefits, may receive temporary additional benefits for
weeks subsequent to September 27, 2003, in an amount equal to the
weekly benefit amount of the individual's most recent regular
unemployment benefit claim subject to the provisions of ORS
chapter 657. The maximum temporary additional benefits an
individual may receive under sections 3 to 6 of this 2003 Act is
25 percent of the most recent regular unemployment benefit
claim. + }
  SECTION 5.  { + An employer's account may not be charged for
temporary additional benefits paid to an unemployed individual
under sections 3 to 6 of this 2003 Act. However, nothing in this
section may be construed to relieve the state, reimbursing
political subdivisions, reimbursing nonprofit employers or
reimbursing Indian tribes from paying into the Unemployment
Compensation Trust Fund an amount equal to the temporary
additional benefits paid to an unemployed individual under
sections 3 to 6 of this 2003 Act. + }
  SECTION 6.  { + (1) Temporary additional benefits may be paid
under the provisions of sections 3 to 6 of this 2003 Act through
the week ending June 26, 2004, only with respect to weeks not
within an extended benefit period as defined in ORS 657.321.
  (2) Notwithstanding ORS 657.331 to 657.334, between the
effective date of this 2003 Act and June 26, 2004, an additional
benefit period, as defined in ORS 657.331, may not begin or
continue and the Employment Department may not pay additional
benefits under ORS 657.331 to 657.334. + }
  SECTION 7.  { + Sections 3 to 6 of this 2003 Act and the
amendments to section 1, chapter 34, Oregon Laws 2003 (Enrolled
Senate Bill 2), and ORS 657.337 by sections 1 and 2 of this 2003
Act apply to claims for benefits filed before, on or after the
effective date of this 2003 Act. + }
  SECTION 8.  { + 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 on its
passage. + }
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