75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1117
 
                         House Bill 2624
 
Sponsored by Representative WITT; Representatives BAILEY, BARKER,
  BARNHART, BOONE, CLEM, DEMBROW, C EDWARDS, D EDWARDS, GARRETT,
  GELSER, GREENLICK, HOLVEY, KAHL, MATTHEWS, NATHANSON, RILEY,
  SCHAUFLER, SHIELDS, STIEGLER, VANORMAN, Senators BONAMICI,
  BURDICK, DEVLIN, DINGFELDER, HASS, JOHNSON, METSGER, MONNES
  ANDERSON, MONROE, PROZANSKI, ROSENBAUM, SCHRADER, WALKER
 
 
                             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.
 
  Defines 'economically distressed worker training' and '
eligible economically distressed workers' for purposes of
unemployment insurance benefits.
 
                        A BILL FOR AN ACT
Relating to training for unemployment insurance claimants;
  amending ORS 657.335, 657.340 and 657.350; and repealing ORS
  657.342.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 657.335 is amended to read:
  657.335. As used in ORS 657.335 to 657.360:
   { +  (1) 'Economically distressed worker training' means:
  (a) Training and education that provide occupation-specific
skills required in growth and demand occupations, as determined
by the Director of the Employment Department; or
  (b) Retraining and basic education, including literacy skills,
designed to prepare an individual, within a reasonable period not
to exceed three years, for gainful employment or self-employment
that is likely to become full-time employment that pays at least
110 percent of the minimum wage established under ORS
653.025. + }
    { - (1) - }  { +  (2) + } 'Eligible dislocated workers' means
individuals who:
  (a) Have been terminated or laid off or who have received a
notice of termination or layoff, are eligible for or have
exhausted their entitlement to unemployment compensation and are
unlikely to return to their previous industry or occupation;
  (b) Have been terminated or have received a notice of
termination of employment, as a result of any permanent closure
of or any substantial layoff at a plant, facility or enterprise;
  (c) Are long term unemployed and have limited opportunities for
employment or reemployment in the same or a similar occupation in
the area in which such individuals reside, including older
individuals who may have substantial barriers to employment by
reason of age;
 
  (d) Were self-employed, including farmers and ranchers, and are
unemployed as a result of general economic conditions in the
community in which they reside or because of natural disasters;
or
  (e) Returned to service in the Oregon National Guard or the
military reserve forces of the United States following active
duty service as set forth in ORS 657.340 (3)(d).
   { +  (3) 'Eligible economically distressed workers' means
individuals who are unemployed as described in ORS 657.100, who
are eligible for benefits under ORS 657.150 unless otherwise
disqualified under this chapter and who, for the entire preceding
calendar year, have been:
  (a) Employed at work paying less than 110 percent of the
minimum wage established under ORS 653.025;
  (b) Unemployed while seeking full-time work; or
  (c) Employed in only temporary or part-time work. + }
    { - (2) - }   { + (4) + } 'Professional technical training'
means professional and technical training or retraining and basic
education, including literacy skills, designed to prepare
individuals for gainful employment in recognized or new
occupations or to prepare individuals to become self-employed.
The term does not include programs of instruction for an
individual (including transfer credit programs of instruction
given at community colleges) which are primarily intended to lead
toward a baccalaureate or higher degree or training that has for
its purpose the preparation of individuals for employment in
occupations which require a baccalaureate or higher degree from
institutions of higher education unless approved by the director
  { - of the Employment Department - } .
  SECTION 2. ORS 657.340 is amended to read:
  657.340. (1) { + (a) + } Dislocated workers approved for
professional technical training  { + or economically distressed
workers approved for economically distressed worker training + }
may not be denied unemployment insurance benefits solely because
 { - they - }   { + these workers + } are attending professional
technical training { +  or economically distressed worker
training. + }  { - , nor shall such individual - }
   { +  (b) Eligible economically distressed workers or eligible
dislocated workers may not + } be denied benefits by reason of
leaving work to enter   { - such - }   { + economically
distressed worker training or professional technical + } training
if the work left was part-time or temporary or paid less than
 { - 80 percent of the individual's average weekly wage during
the base year - }   { + 110 percent of the minimum wage
established under ORS 653.025 + }.
   { +  (c) Eligible economically distressed workers approved for
economically distressed worker training may not be denied
unemployment insurance benefits for refusing to accept work if
the work offered is part-time or temporary or pays less than 110
percent of the minimum wage established under ORS 653.025. + }
  (2) Notwithstanding provisions of this chapter relating to
availability for work, actively seeking work or refusal to accept
suitable work,  { + eligible economically distressed workers or
eligible + } dislocated workers  { + who are + } approved for
 { + economically distressed worker training or + } professional
technical training and  { +  who are + } otherwise eligible for
benefits are not ineligible for
  { - such - }   { + the + } benefits or waiting week credit
because of attendance in   { - professional technical - }
 { + the + } training.
  (3)(a) Eligible dislocated workers who file valid unemployment
compensation claims, upon exhaustion of regular benefits, are
eligible, subject to the availability of funds, for supplemental
benefits from 1 to 26 times the individual's most recent weekly
benefit amount based upon the amount needed to continue or
complete approved professional technical training.
  (b) Supplemental benefits shall be paid under the same terms
and conditions as regular benefits under this chapter, except
that the Director of the Employment Department may extend the
benefit year of an individual attending an approved professional
technical training program a sufficient number of weeks to allow
the individual to complete the training program.
  (c) Supplemental benefits under ORS 657.335 to 657.360 may be
paid only when the eligible dislocated worker is not eligible to
receive extended benefits as provided in ORS 657.321 to 657.329
or additional benefits as provided in ORS 657.331 to 657.334.
  (d) Supplemental benefits may be paid only to eligible
dislocated workers whose unemployment, as determined by the
director:
  (A) Is substantially due to the lack of employment
opportunities in the workers' local labor market resulting from:
  (i) High energy costs;
  (ii) Extended drought conditions and the attendant economic
conditions;
  (iii) Secondary effects of foreign trade; or
  (iv) A shift of production to another state or territory of the
United States; or
  (B) Resulted from the workers' return to service in the Oregon
National Guard or military reserve forces of the United States
following a change in status from serving under Title 32 to
serving under Title 10 of the United States Code at a time
designated by the President of the United States by executive
order as a period of combatant activities.
  (4) The receipt of supplemental benefits is conditioned upon
the individual's demonstrating satisfactory progress and
attendance in professional technical training.
  SECTION 3. ORS 657.350 is amended to read:
  657.350. The Director of the Employment Department  { - , in
consultation with the Department of Community Colleges and
Workforce Development, - }  shall   { - promulgate - }
 { + adopt + } rules as necessary for the administration of ORS
657.335 to 657.360, including but not limited to procedures for
approval, undertaking periodic reviews for continued approval, or
for disapproval of professional technical training  { + and
economically distressed worker training + } for   { - an
individual - }  { +  eligible individuals + }.  { + The director
shall consult with the Department of Community Colleges and
Workforce Development on rulemaking to ensure that all programs
for eligible workers provide integrated and appropriate training
and education. + }
  SECTION 4.  { + ORS 657.342 is repealed. + }
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