Chapter 576
AN ACT
SB 219
Relating to confidential information secured by Employment Department;
amending ORS 657.665.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 657.665 is amended to read:
657.665. (1) Information
secured from employing units, employees or other individuals pursuant to this
chapter:
(a) Shall be
confidential and for the exclusive use and information of the Director of the
Employment Department in the discharge of duties and shall not be open to the
public (other than to public employees in the performance of their public
duties under state or federal laws for the payment of unemployment insurance
benefits and to public employees in the performance of their public duties
under the recognized compensation and retirement, relief or welfare laws of
this state), except to the extent necessary for the presentation of a claim and
except as required by the regulations of the United States Secretary of Health
and Human Services pursuant to section 3304(a) of the Federal Unemployment Tax
Act, as amended, and except as required by section 303 of the Social Security
Act, as amended.
(b) Shall not be used in
any court in any action or proceeding pending therein unless the director or
the state is a party to such action or proceedings or the proceedings concern
the establishment, enforcement or modification of a support obligation and
support services are being provided by the Division of Child Support or the
district attorney pursuant to ORS 25.080.
(2) However, any
claimant or legal representative, at a hearing before an administrative law
judge, shall be supplied with information from such records to the extent
necessary for the proper presentation of a claim.
(3) Notwithstanding
subsection (1) of this section, information secured from employing units
pursuant to this chapter may be released:
(a) To agencies of this
state, federal agencies and local government agencies to the extent necessary
to properly carry out governmental planning, performance measurement, program
analysis, socioeconomic analysis and policy analysis functions performed under
applicable law. Information provided such agencies shall be confidential and
shall not be released by such agencies in any manner that would be identifiable
as to individuals, claimants, employees or employing units. Costs of furnishing
information pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the parties requesting the information;
and
(b) In accordance with ORS
657.673.
(4) Nothing in this
section shall prevent the Employment Department from providing names and
addresses of employing units to the Bureau of Labor and Industries for the
purpose of disseminating information to employing units. The names and addresses
provided shall be confidential and shall not be used for any other purposes.
Costs of furnishing information pursuant to this subsection not prepared for
the use of the Employment Department shall be borne by the bureau.
(5) Nothing in this
section shall prevent the Employment Department from providing to the
Commissioner of the Bureau of Labor and Industries, for the purpose of
performing duties under ORS 279C.800 to 279C.870, the names, addresses and
industrial codes of [employer] employing
units, the number of employees each unit employs during a given time period and
the firm number assigned to [employer]
employing units by the Employment Department. Information so provided
shall be confidential and shall not be released by the commissioner in any
manner that would identify such employing units except to the extent necessary
to carry out the purposes of this subsection and as provided in subsection
(1)(b) of this section. Costs of furnishing information pursuant to this
subsection not prepared for the use of the Employment Department shall be borne
by the bureau.
(6) Nothing in this
section shall prevent the Employment Department from providing information
required under ORS 657.660 (3) and (4) to the Public Employees Retirement
System for the purpose of determining the eligibility of members of the
retirement system for disability retirement allowances under ORS chapter 238.
The information provided shall be confidential and shall not be used for any
other purposes. Costs of furnishing information pursuant to this subsection
shall be borne by the Public Employees Retirement System.
(7) Nothing in this
section shall prevent the Employment Department from providing to the Oregon
Economic and Community Development Commission information required by the
commission in performing its duty under ORS 285A.050 to verify changes in
employment levels following direct employer participation in Economic and
Community Development Department programs or indirect participation through
municipalities under ORS 285B.410 to 285B.482 and regional boards and
partnerships under ORS 285B.230 to 285B.269. Information provided to the
commission may include an employer’s employment level, total subject wages
payroll and whole hours worked. The information may not be used for any other
purpose and must be held confidential. The commission may not release the
information in any manner that would identify the employing unit or any
employee except to the extent necessary to carry out its duties under ORS
285A.050. Costs of furnishing information under this subsection that is not
prepared for the use of the Employment Department shall be borne by the
commission.
(8) Any officer or
employee of the Director of the Employment Department, who, except with
authority of the director or pursuant to regulations, or as otherwise required
by law, shall disclose confidential information under this section, thereafter
may be disqualified from holding any appointment or employment by the director.
(9) Nothing in this
section shall prevent the Employment Department from providing information to
the Department of Revenue for the purpose of performing its duties under ORS
293.250, or the revenue and tax laws of this state. Information provided may
include names and addresses of employers and employees and payroll data of
employers and employees. Information so provided shall be confidential and
shall not be released by the Director of the Department of Revenue in any
manner that would identify such employing unit or employee except to the extent
necessary to carry out its duties under ORS 293.250 or in auditing or reviewing
any report or return required or permitted to be filed under the revenue and
tax laws administered by the department. However, the Director of the
Department of Revenue shall not disclose any information received to any
private collection agency or for any other purpose. Costs of furnishing
information pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the Department of Revenue.
(10) Nothing in this
section shall prevent the Employment Department from providing information to
the Department of Consumer and Business Services for the purpose of performing
its duties under ORS chapters 654 and 656. Information provided may include but
is not limited to the name, address, number of employees and industrial
classification code of an employer and payroll data of employers and employees.
Information provided shall be confidential and may not be released by the
Department of Consumer and Business Services in any manner that would identify
an employing unit or employee except to the extent necessary to carry out the
department’s duties under ORS chapters 654 and 656, including administrative
hearings and court proceedings in which the Department of Consumer and Business
Services is a party. Costs of furnishing information pursuant to this
subsection that is not prepared for the use of the Employment Department shall
be borne by the Department of Consumer and Business Services.
(11) Nothing in this
section shall prevent the Employment Department from providing information to
the Construction Contractors Board for the purpose of performing its duties
under ORS chapter 701. Information provided to the board may include names and
addresses of employers and status of their compliance with this chapter.
(12) Nothing in this
section shall prevent the Employment Department from providing information to
the State Fire Marshal to assist the State Fire Marshal in carrying out duties,
functions and powers under ORS 453.307 to 453.414. Information so provided
shall be the employer or agent name, address, telephone number and standard
industrial classification. Information so provided shall be confidential and
shall not be released by the State Fire Marshal in any manner that would
identify such employing units except to the extent necessary to carry out
duties under ORS 453.307 to 453.414. Costs of furnishing information pursuant
to this subsection not prepared for the use of the Employment Department shall
be borne by the office of the State Fire Marshal.
(13) Nothing in this
section shall prevent the Employment Department from providing information to
the Oregon Student Assistance Commission for the purposes of performing the
commission’s duties under ORS chapter 348 and Title IV of the Higher Education
Act of 1965, as amended. Information provided may include names and addresses
of employers and employees and payroll data of employers and employees.
Information so provided shall be confidential and shall not be released by the
Oregon Student Assistance Commission in any manner that would identify such
employing unit or employee except to the extent necessary to carry out duties
under ORS chapter 348 or Title IV of the Higher Education Act of 1965, as amended.
Costs of furnishing information pursuant to this subsection not prepared for
the use of the Employment Department shall be borne by the Oregon Student
Assistance Commission.
(14)(a) Nothing in
this section shall prevent the Employment Department from providing information
to the Department of Transportation to assist the Department of Transportation
in carrying out the duties of the Department of Transportation relating to
collection of delinquent and liquidated debts, including taxes, under ORS
184.610 to 184.666, 184.670 to 184.733 and 805.263, ORS chapter 319 and the
Oregon Vehicle Code.
(b) Information provided
may include names and addresses of employers and employees and payroll data.
Information provided is confidential and may not be released by the Department
of Transportation in any manner that would identify any employing unit or
employee except to the extent necessary to carry out the Department of
Transportation’s duties or in auditing or reviewing any report or return
required or permitted to be filed under the revenue and tax laws administered
by the Department of Transportation.
(c) Notwithstanding the
exception described in paragraph (b) of this subsection, the Department of
Transportation may not disclose any information received to any private
collection agency.
(d) If the information
provided pursuant to this subsection is not prepared for the use of the
Employment Department, costs of furnishing the information shall be paid by the
Department of Transportation.
[(14)] (15) Any person or officer or employee of an entity to
whom information is disclosed or given by the Employment Department pursuant to
this section, who divulges or uses such information for any purpose other than
that specified in the provision of law or agreement authorizing the use or
disclosure, may be disqualified from holding any appointment or employment, or
performing any service under contract, with the state agency employing that
person or officer.
[(15)] (16) Notwithstanding subsection (1) of this section,
the industrial classification code assigned to an employing unit may be
released to state agencies, federal agencies and local government agencies to
the extent necessary to carry out governmental functions performed under
applicable law. Except as provided in ORS 190.270, information provided to such
agencies is confidential and may not be released by the agencies in any manner
that would allow identification of an employing unit. Costs of furnishing
information that is not prepared for the use of the Employment Department shall
be paid by the party requesting the information under this subsection.
SECTION 2. If
Senate Bill 197 becomes law, section 1 of this 2007 Act (amending ORS 657.665)
is repealed and ORS 657.665, as amended by section 1, chapter 89, Oregon Laws
2007 (Enrolled Senate Bill 197), is amended to read:
657.665. (1) Except as
provided in subsections (2) to (4) of this section, all information in the
records of the Employment Department pertaining to the administration of the
unemployment insurance, employment service and labor market information
programs:
(a) Is confidential and
for the exclusive use and information of the Director of the Employment
Department in administering the unemployment insurance, employment service and
labor market information programs in
(b) May not be used in
any court action or in any proceeding pending in the court unless the director
or the state is a party to the action or proceeding or unless the proceeding
concerns the establishment, enforcement or modification of a support obligation
and support services are being provided by the Division of Child Support or the
district attorney pursuant to ORS 25.080.
(c) Is exempt from
disclosure under ORS 192.410 to 192.505.
(2) The Employment
Department shall disclose information:
(a) To any claimant or
legal representative, at a hearing before an administrative law judge, to the
extent necessary for the proper presentation of an unemployment insurance
claim.
(b) Upon request to the
United States Secretary of Labor. The Employment Department shall disclose the
information in a form and containing the information that the United States
Secretary of Labor may require. The information disclosed is confidential and
may not be used for any other purpose.
(c) Pursuant to section
303(a)(7) of the Social Security Act, upon request to any agency of the
(d) Pursuant to section
303(c)(1) of the Social Security Act, to the Railroad Retirement Board. Under
this paragraph, the Employment Department shall disclose unemployment insurance
records. The information disclosed is confidential and may not be used for any
other purpose. The costs of disclosing information under this paragraph shall
be paid by the board.
(e) Pursuant to section
303(d) of the Social Security Act, upon request to officers and employees of
the United States Department of Agriculture and to officers or employees of any
state food stamp agency for the purpose of determining an individual’s
eligibility for or the amount of food stamps. The information disclosed is
confidential and may not be used for any other purpose. The costs of disclosing
information under this paragraph shall be paid by the United States Department
of Agriculture.
(f) Pursuant to section
303(e)(1) and (2)(A)(ii) of the Social Security Act, to state or local child
support enforcement agencies enforcing child support obligations under Title
IV-D of the Social Security Act for the purposes of establishing child support
obligations, locating individuals owing child support obligations and
collecting child support obligations from those individuals. The information
disclosed is confidential and may not be used for any other purpose. The costs
of disclosing information under this paragraph shall be paid by the child
support enforcement agency.
(g) Pursuant to sections
303(f) and 1137 of the Social Security Act, to agencies participating in the
income and eligibility verification system for the purpose of verifying an
individual’s eligibility for benefits, or the amount of benefits, under
unemployment insurance, Temporary Assistance for Needy Families, Medicaid, food
stamps, Supplemental Security Income, child support enforcement or Social
Security programs. The information disclosed is confidential and may not be
used for any other purpose. The costs of disclosing information under this
paragraph shall be paid by the requesting agency.
(h) Pursuant to section
303(h) of the Social Security Act and section 3304(a)(16)(B) of the Federal
Unemployment Tax Act, to the United States Department of Health and Human
Services National Directory of New Hires. The information disclosed is
confidential and may not be used for any other purpose. The costs of disclosing
information under this paragraph shall be paid by the United States Department
of Health and Human Services.
(i) Pursuant to section
303(i) of the Social Security Act, to officers and employees of the United
States Department of Housing and Urban Development and to representatives of a
public housing agency for the purpose of determining an individual’s
eligibility for benefits, or the amount of benefits, under a housing assistance
program of the United States Department of Housing and Urban Development. The
information disclosed is confidential and may not be used for any other
purpose. The costs of disclosing information under this paragraph shall be paid
by the United States Department of Housing and Urban Development or the public
housing agency.
(j) Pursuant to
regulations of the United States Secretary of Health and Human Services issued
under section 3304(a)(16)(A) of the Federal Unemployment Tax Act, and except as
required by section 303 of the Social Security Act, to the state, a political
subdivision or a federally recognized Indian tribe that has signed an agreement
with the Department of Human Services to administer Part A of Title IV of the
Social Security Act for the purpose of determining an individual’s eligibility
for assistance, or the amount of assistance, under a program funded under Part
A of Title IV of the Social Security Act. The information disclosed is
confidential and may not be used for any other purpose.
(k) Upon request, to the
United States Attorney’s Office. Under this paragraph, the Employment
Department may disclose an individual’s employment and wage information in
response to a federal grand jury subpoena or for the purpose of collecting
civil and criminal judgments, including restitution and special assessment
fees. The information disclosed is confidential and may not be used for any
other purpose. The costs of disclosing information under this paragraph shall
be paid by the United States Attorney’s Office.
(3) The Employment
Department may disclose information secured from employing units:
(a) To agencies of this
state, federal agencies and local government agencies to the extent necessary
to properly carry out governmental planning, performance measurement, program
analysis, socioeconomic analysis and policy analysis functions performed under
applicable law. The information disclosed is confidential and may not be
disclosed by the agencies in any manner that would identify individuals,
claimants, employees or employing units. If the information disclosed under
this paragraph is not prepared for the use of the Employment Department, the
costs of disclosing the information shall be paid by the agency requesting the
information.
(b) As part of a
geographic information system. Points on a map may be used to represent
economic data, including the location, employment size class and industrial
classification of businesses in
(c) In accordance with
ORS 657.673.
(4) The Employment
Department may:
(a) Disclose information
to public employees in the performance of their duties under state or federal
laws relating to the payment of unemployment insurance benefits, the provision
of employment services and the provision of labor market information.
(b) At the discretion of
the Director of the Employment Department and subject to an interagency
agreement, disclose information to public officials in the performance of their
official duties administering or enforcing laws within their authority and to
the agents or contractors of public officials. The public official shall agree
to assume responsibility for misuse of the information by the official’s agent
or contractor.
(c) Disclose information
pursuant to an informed consent, received from an employer or claimant, to
disclose the information.
(d) Disclose information
to partners under the federal Workforce Investment Act of 1998 for the purpose
of administering state workforce programs under the Act. The information
disclosed is confidential and may not be used for any other purpose. The costs
of disclosing information under this paragraph shall be paid by the requesting
partner.
(e) Disclose the names
and addresses of employing units to the Bureau of Labor and Industries for the
purpose of disseminating information to employing units. The names and
addresses disclosed are confidential and may not be used for any other purpose.
If the information disclosed under this paragraph is not prepared for the use
of the Employment Department, the costs of disclosing the information shall be
paid by the bureau.
(f) Disclose information
to the Commissioner of the Bureau of Labor and Industries for the purpose of
performing duties under ORS 279C.800 to 279C.870, 658.005 to 658.245 or 658.405
to 658.503 or ORS chapter 652, 653 or 659A. The information disclosed may
include the names and addresses of employers and employees and payroll data of
employers and employees. The information disclosed is confidential and may not
be used for any other purpose. If the information disclosed under this
paragraph is not prepared for the use of the Employment Department, the costs
of disclosing the information shall be paid by the bureau.
(g) Disclose information
required under ORS 657.660 (3) and (4) to the Public Employees Retirement
System for the purpose of determining the eligibility of members of the
retirement system for disability retirement allowances under ORS chapter 238.
The information disclosed is confidential and may not be used for any other
purpose. The costs of disclosing information under this paragraph shall be paid
by the Public Employees Retirement System.
(h) Disclose to the
Oregon Economic and Community Development Commission information required by
the commission in performing its duty under ORS 285A.050 to verify changes in
employment levels following direct employer participation in Economic and
Community Development Department programs or indirect participation through
municipalities under ORS 285B.410 to 285B.482 and regional boards and
partnerships under ORS 285B.230 to 285B.269. The information disclosed to the
commission may include an employer’s employment level, total subject wages
payroll and whole hours worked. The information disclosed is confidential and
may not be used for any other purpose. The commission may not disclose the
information in any manner that would identify an employing unit or employee
except to the extent necessary to carry out the commission’s duty under ORS
285A.050. If the information disclosed under this paragraph is not prepared for
the use of the Employment Department, the costs of disclosing the information
shall be paid by the commission.
(i) Disclose information
to the Department of Revenue for the purpose of performing its duties under ORS
293.250 or under the revenue and tax laws of this state. The information
disclosed may include the names and addresses of employers and employees and
payroll data of employers and employees. The information disclosed is
confidential and may not be disclosed by the Department of Revenue in any
manner that would identify an employing unit or employee except to the extent
necessary to carry out the department’s duties under ORS 293.250 or in auditing
or reviewing any report or return required or permitted to be filed under the
revenue and tax laws administered by the department. The Department of Revenue
may not disclose any information received to any private collection agency or
for any other purpose. If the information disclosed under this paragraph is not
prepared for the use of the Employment Department, the costs of disclosing the
information shall be paid by the Department of Revenue.
(j) Disclose information
to the Department of Consumer and Business Services for the purpose of
performing its duties under ORS chapters 654 and 656. The information disclosed
may include the name, address, number of employees and industrial
classification code of an employer and payroll data of employers and employees.
The information disclosed is confidential and may not be disclosed by the
Department of Consumer and Business Services in any manner that would identify
an employing unit or employee except to the extent necessary to carry out the
department’s duties under ORS chapters 654 and 656, including administrative
hearings and court proceedings in which the Department of Consumer and Business
Services is a party. If the information disclosed under this paragraph is not
prepared for the use of the Employment Department, the costs of disclosing the
information shall be paid by the Department of Consumer and Business Services.
(k) Disclose information
to the Construction Contractors Board for the purpose of performing its duties
under ORS chapter 701. The information disclosed to the board may include the
names and addresses of employers and status of their compliance with this
chapter. If the information disclosed under this paragraph is not prepared for
the use of the Employment Department, the costs of disclosing the information
shall be paid by the board.
(L) Disclose information
to the State Fire Marshal to assist the State Fire Marshal in carrying out
duties under ORS 453.307 to 453.414. The information disclosed may include the
name, address, telephone number and industrial classification code of an
employer. The information disclosed is confidential and may not be disclosed by
the State Fire Marshal in any manner that would identify an employing unit
except to the extent necessary to carry out duties under ORS 453.307 to
453.414. If the information disclosed under this paragraph is not prepared for
the use of the Employment Department, the costs of disclosing the information
shall be paid by the office of the State Fire Marshal.
(m) Disclose information
to the Oregon Student Assistance Commission for the purpose of performing the
commission’s duties under ORS chapter 348 and Title IV of the Higher Education
Act of 1965. The information disclosed may include the names and addresses of
employers and employees and payroll data of employers and employees. The
information disclosed is confidential and may not be disclosed by the
commission in any manner that would identify an employing unit or employee
except to the extent necessary to carry out the commission’s duties under ORS
chapter 348 or Title IV of the Higher Education Act of 1965. If the information
disclosed under this paragraph is not prepared for the use of the Employment
Department, the costs of disclosing the information shall be paid by the
commission.
(n) Disclose
information to the Department of Transportation to assist the Department of
Transportation in carrying out the duties of the Department of Transportation
relating to collection of delinquent and liquidated debts, including taxes,
under ORS 184.610 to 184.666, 184.670 to 184.733 and 805.263, ORS chapter 319
and the Oregon Vehicle Code. The information disclosed may include the names
and addresses of employers and employees and payroll data of employers and
employees. The information disclosed is confidential and may not be disclosed
by the Department of Transportation in any manner that would identify an
employing unit or employee except to the extent necessary to carry out the
Department of Transportation’s duties relating to collection of delinquent and
liquidated debts or in auditing or reviewing any report or return required or
permitted to be filed under the revenue and tax laws administered by the
Department of Transportation. The Department of Transportation may not disclose
any information received to any private collection agency or for any other
purpose. If the information disclosed under this paragraph is not prepared for
the use of the Employment Department, the costs of disclosing the information
shall be paid by the Department of Transportation.
[(n)] (o) Disclose to any person establishment level
information secured pursuant to this chapter from federal, state and local
government employing units. If the information disclosed under this paragraph
is not prepared for the use of the Employment Department, the costs of
disclosing the information shall be paid by the party requesting the
information.
[(o)] (p) Disclose to any person the industrial
classification code assigned to an employing unit. If the information disclosed
under this paragraph is not prepared for the use of the Employment Department,
the costs of disclosing the information shall be paid by the party requesting
the information.
(5) Any officer
appointed by or any employee of the Director of the Employment Department who
discloses confidential information, except with the authority of the director,
pursuant to rules or as otherwise required by law, may be disqualified from
holding any appointment or employment with the Employment Department.
(6) Any person or any
officer or employee of an entity to whom information is disclosed by the
Employment Department under this section who divulges or uses the information
for any purpose other than that specified in the provision of law or agreement
authorizing the use or disclosure may be disqualified from performing any
service under contract or disqualified from holding any appointment or
employment with the state agency that engaged or employed that person, officer
or employee. The Employment Department may immediately cancel or modify any
information sharing agreement with an entity when a person or an officer or
employee of that entity discloses confidential information, other than as
specified in law or agreement.
Approved by the Governor June 25, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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