74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 219
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 Department of Transportation)
CHAPTER ................
AN ACT
Relating to confidential information secured by Employment
Department; amending ORS 657.665.
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:
(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
Enrolled Senate Bill 219 (SB 219-A) Page 1
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
Enrolled Senate Bill 219 (SB 219-A) Page 2
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
Enrolled Senate Bill 219 (SB 219-A) Page 3
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,
Enrolled Senate Bill 219 (SB 219-A) Page 4
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 Oregon.
(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 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
Enrolled Senate Bill 219 (SB 219-A) Page 5
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
Enrolled Senate Bill 219 (SB 219-A) Page 6
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 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.
(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
Enrolled Senate Bill 219 (SB 219-A) Page 7
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.
Enrolled Senate Bill 219 (SB 219-A) Page 8
(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.
Enrolled Senate Bill 219 (SB 219-A) Page 9
(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.
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Passed by Senate March 19, 2007
Repassed by Senate June 13, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 8, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 219 (SB 219-A) Page 10
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 219 (SB 219-A) Page 11