74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         House Bill 2254
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Commissioner of the Bureau
  of Labor and Industries Dan Gardner)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to personnel records; creating new provisions; and
  amending ORS 652.750 and 652.900.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 652.750 is amended to read:
  652.750. (1) As used in this section:
  (a) 'Employer' has the meaning   { - for that term provided - }
 { + given that term + } in ORS 656.005.
  (b) 'Personnel records'   { - do - }   { + does + } not include
records of an individual relating to the conviction, arrest or
investigation of conduct constituting a violation of the criminal
laws of this state or another state or the United States,
confidential reports from previous employers or records
maintained in compliance with ORS 351.065.
  (2)   { - At - }   { + Within 45 days after receipt of + } the
request of an employee, the employer shall provide reasonable
opportunity for the employee to inspect, at the place of
employment or place of work assignment,   { - those - }
 { + the + } personnel records of the employee
  { - which - }   { + that + } are used or have been used to
determine the employee's qualification for employment, promotion,
additional compensation or employment termination or other
disciplinary action.   { - At - }   { + Within 45 days after
receipt of + } the request of the employee, the employer shall
furnish a certified copy of   { - such - }  { + the + } records.
  (3) Upon termination of employment, the employer shall keep the
terminated employee's personnel records for not less than 60
days.   { - At the request of the employee, - }   { + The
terminated employee may request a certified copy of the
records + } within the 60-day period or at any time
 { + thereafter + } if the employer has   { - retained - } the
records at the time of the request  { - , - }  { + . Within 45
days after receipt of the request, + } the employer shall furnish
a certified copy of   { - such - }   { + the + } records.
   { +  (4) Notwithstanding the time periods described in
subsections (2) and (3) of this section, if the employee's
personnel records are not readily available, the employer and the
employee may agree to extend the time within which the employer
must provide the employee reasonable opportunity to inspect the
records or furnish the employee a certified copy of the
records. + }
 
 
Enrolled House Bill 2254 (HB 2254-INTRO)                   Page 1
 
 
 
    { - (4) - }   { + (5) + } An employer may   { - make only
such - }  charge  { + an employee + } for the services referred
to in subsections (2) and (3) of this section   { - as - }
 { + only an amount that + } is reasonably calculated to recover
the actual cost of providing the   { - service - }  { +
services + }.
  SECTION 2. ORS 652.900 is amended to read:
  652.900. (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 $1,000 against any person who
violates ORS 652.020, 652.140 { + , + }   { - or - }  652.145
 { + or 652.750 + } or any rule adopted   { - pursuant
thereto - }  { +  under those statutes + }.
  (2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
  (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 3.  { + The amendments to ORS 652.750 and 652.900 by
sections 1 and 2 of this 2007 Act apply to requests made on or
after the effective date of this 2007 Act. + }
                         ----------
 
 
Passed by House March 7, 2007
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 17, 2007
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2254 (HB 2254-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2254 (HB 2254-INTRO)                   Page 3