74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 441
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)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Permits Employment Department to provide confidential
information to Department of Transportation for purposes relating
to collection of debts, including taxes, by Department of
Transportation.
A BILL FOR 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
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.
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