74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 197
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Employment Department)
CHAPTER ................
AN ACT
Relating to confidentiality of information in Employment
Department records; amending ORS 657.665; and repealing ORS
657.670.
Be It Enacted by the People of the State of Oregon:
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: - }
{ + 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) { - Shall be - } { + Is + } 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. - } { + in administering the unemployment
insurance, employment service and labor market information
programs in Oregon. + }
(b) { - Shall - } { + May + } not be used in any court
{ - in any - } action or { + in any + } proceeding pending
{ - therein - } { + in the court + } unless the director or
the state is a party to { - such action or proceedings or the
proceedings concern - } { + 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.
Enrolled Senate Bill 197 (SB 197-A) Page 1
{ + (c) Is exempt from disclosure under ORS 192.410 to
192.505.
(2) The Employment Department shall disclose information: + }
{ - (2) - } { + (a) + } { - However, - } { + To + } 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 - } { + 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 United States charged with the
administration of public works or assistance through public
employment. Under this paragraph, the Employment Department shall
disclose the name, address, ordinary occupation and employment
status of each recipient of unemployment insurance benefits and a
statement of the recipient's right to further benefits under this
chapter. The information disclosed is confidential and may not be
used for any other purpose.
(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
Enrolled Senate Bill 197 (SB 197-A) Page 2
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) Notwithstanding subsection (1) of this section,
information secured from employing units pursuant to this chapter
may be released: - }
{ + (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 { - provided
such agencies shall be - } { + disclosed is + } confidential
and { - shall not be released by such - } { + may not be
disclosed by the + } agencies in any manner that would { - be
identifiable as to - } { + identify + } 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 - } { + 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
Enrolled Senate Bill 197 (SB 197-A) Page 3
in Oregon. Information presented as part of a geographic
information system may not give specific details regarding a
business's address, actual employment or proprietary information.
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. + }
{ - (b) - } { + (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. + }
{ - (4) - } { + (e) + } { - Nothing in this section shall
prevent the Employment Department from providing - }
{ + 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 { - provided shall be - } { + disclosed are + }
confidential and { - shall - } { + may + } not be used for
any other { - purposes - } { + purpose + }. { - Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
bureau. - } { + 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. + }
{ - (5) - } { + (f) + } { - Nothing in this section shall
prevent the Employment Department from providing - }
{ + 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, { - the names, addresses
and industrial codes of employer units, the number of employees
each unit employs during a given time period and the firm number
assigned to employer 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. - } { + 658.005 to
658.245 or 658.405 to 658.503 or ORS chapter 652, 653 or 659A.
Enrolled Senate Bill 197 (SB 197-A) Page 4
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. + }
{ - (6) - } { + (g) + } { - Nothing in this section shall
prevent the Employment Department from providing - }
{ + 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 { - provided shall be - } { + disclosed is + }
confidential and { - shall - } { + may + } not be used for
any other { - purposes - } { + purpose + }. { - Costs of
furnishing information pursuant to this subsection shall be
borne - } { + The costs of disclosing information under this
paragraph shall be paid + }by the Public Employees Retirement
System.
{ - (7) - } { + (h) + } { - Nothing in this section shall
prevent the Employment Department from providing - }
{ + 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 { - provided - }
{ + 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 { - and must be held
confidential - } . The commission may not { - release - }
{ + disclose + } the information in any manner that would
identify { - the - } { + an + } employing unit or
{ - any - } employee except to the extent necessary to carry
out { - its duties - } { + the commission's duty + } 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. - } { + 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. + }
{ - (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) - } { + (i) + } { - Nothing in this section shall
prevent the Employment Department from providing - }
{ + 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 { - provided - } { + disclosed + }
may include { + the + } names and addresses of employers and
employees and payroll data of employers and employees.
{ + The + } information { - so provided shall be - }
Enrolled Senate Bill 197 (SB 197-A) Page 5
{ + disclosed is + }confidential and { - shall not be
released by the Director of - } { + may not be disclosed by + }
the Department of Revenue in any manner that would identify
{ - such - } { + an + } employing unit or employee except to
the extent necessary to carry out { - its - } { + 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.
{ - However, the Director of - } The Department of Revenue
{ - shall - } { + may + } 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. - } { + 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. + }
{ - (10) - } { + (j) + } { - Nothing in this section
shall prevent the Employment Department from providing - }
{ + 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
{ - provided - } { + disclosed + } 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. { + The + } information { - provided
shall be - } { + disclosed is + } confidential and may not be
{ - released - } { + 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.
{ - 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. - } { + 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. + }
{ - (11) - } { + (k) + } { - Nothing in this section
shall prevent the Employment Department from providing - }
{ + Disclose + } information to the Construction Contractors
Board for the purpose of performing its duties under ORS chapter
701. { + The + } information { - provided - }
{ + 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. + }
{ - (12) - } { + (L) + } { - Nothing in this section
shall prevent the Employment Department from providing - }
{ + Disclose + } 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. { + The + }
information { - so provided shall be the employer or agent - }
{ + disclosed may include the + } name, address, telephone
number and
Enrolled Senate Bill 197 (SB 197-A) Page 6
{ - standard - } industrial classification { + code of an
employer + }.
{ - Information so provided shall be confidential and shall not
be released - } { + The information disclosed is confidential
and may not be disclosed + } by the State Fire Marshal in any
manner that would identify { - such employing units - }
{ + an employing unit + } 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. - } { + 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. + }
{ - (13) - } { + (m) + } { - Nothing in this section
shall prevent the Employment Department from providing - }
{ + Disclose + } information to the Oregon Student Assistance
Commission for the { - purposes - } { + purpose + } of
performing the commission's duties under ORS chapter 348 and
Title IV of the Higher Education Act of 1965 { - , as
amended - } . { + The + } information { - provided - }
{ + disclosed + } may include { + the + } 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 - } { + The information disclosed is
confidential and may not be disclosed + } by the { - Oregon
Student Assistance - } commission in any manner that would
identify { - such - } { + 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 { + . + } { - , 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. - } { + 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. + }
{ - (14) 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) 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. - }
{ + (n) Disclose to any person establishment level
information secured pursuant to this chapter from federal, state
and local government employing units. If the information
Enrolled Senate Bill 197 (SB 197-A) Page 7
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) 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. + }
SECTION 2. { + ORS 657.670 is repealed. + }
----------
Passed by Senate March 7, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House April 12, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 197 (SB 197-A) Page 8
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 197 (SB 197-A) Page 9