Chapter 23 Oregon Laws 2008 Special Session
AN ACT
HB 3606
Relating to payment of unemployment benefits during declared state of
emergency; creating new provisions; and amending ORS 657.155.
Be It Enacted by the People of
the State of
SECTION 1. Section
2 of this 2008 Act is added to and made a part of ORS 401.015 to 401.107.
SECTION 2. If
the Governor by proclamation has declared a state of emergency under ORS
401.055, the Governor may waive the one-week waiting period required by ORS
657.155 for persons making a claim for unemployment benefits who reside within
the geographical area subject to the proclamation and specified by the
Governor.
SECTION 3.
ORS 657.155 is amended to read:
657.155. (1) An
unemployed individual shall be eligible to receive benefits with respect to any
week only if the Director of the Employment Department finds that:
(a) The individual has
registered for work at and thereafter has continued to report at an employment
office in accordance with such rules as the director may prescribe. However,
the director may, by rule, waive or alter either or both of the requirements of
this subsection as to individuals attached to regular jobs and as to such other
types of cases or situations with respect to which the director finds that
compliance with such requirements would be oppressive, or would be inconsistent
with the purposes of this chapter; provided, that no such rule conflicts with
ORS 657.255.
(b) The individual has
made a claim for benefits with respect to such week in accordance with ORS
657.260.
(c) The individual is
able to work, is available for work, and is actively seeking and unable to
obtain suitable work. No individual participating in a community work and
training program, as defined in ORS 411.855, shall, solely by reason thereof,
be unavailable for work within the meaning of this section.
(d) The individual has
been unemployed for a waiting period of one week, unless the Governor has
waived the required waiting period as provided in section 2 of this 2008 Act.
(e) The individual is
not disqualified from benefits or ineligible for benefits under any other
section of this chapter.
(f) The individual is
qualified for benefits under ORS 657.150.
(2) An individual who
leaves the normal labor market area of the individual for the major portion of
any week is presumed to be unavailable for work within the meaning of this
section. This presumption may be overcome if the individual establishes to the
satisfaction of the director that the individual has conducted a bona fide
search for work and has been reasonably accessible to suitable work in the
labor market area in which the individual spent the major portion of the week
to which the presumption applies.
(3) The director shall
either promptly allow credit or pay benefits for any week for which benefits
are claimed or promptly give notice of denial thereof in the manner provided in
ORS 657.267 and 657.268.
SECTION 4. Sections
1 and 2 of this 2008 Act and the amendments to ORS 657.155 by section 3 of this
2008 Act become operative when federal law permits without penalty a waiver
under section 2 of this 2008 Act of the one-week waiting period required by ORS
657.155.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date January 1, 2009
__________