75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3483
Sponsored by Representatives NOLAN, WITT
CHAPTER ................
AN ACT
Relating to unemployment insurance; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + For purposes of sections 2 to 7 of this 2009
Act:
(1)(a) 'Economically distressed worker training' means:
(A) Training and education that provide occupation-specific
skills required in high-demand occupations, as determined by the
Director of the Employment Department; or
(B) Retraining and basic education, including literacy skills,
that are designed to prepare an individual, within a reasonable
period not to exceed two years, for gainful employment or
self-employment that is likely to become full-time employment
paying at least 110 percent of the minimum wage established under
ORS 653.025.
(b) 'Economically distressed worker training' does not include
programs of instruction that are primarily intended to lead to a
baccalaureate or higher degree, or training that prepares
individuals for employment in occupations that require a
baccalaureate or higher degree, unless approved by the director.
(2) 'Eligible economically distressed workers' means
individuals who:
(a) Are unemployed as described in ORS 657.100;
(b) Are eligible for benefits under ORS 657.150, unless
otherwise disqualified under ORS chapter 657;
(c) Are not disqualified from benefits under any provision of
ORS 657.176; and
(d) Have been employed in work paying less than 110 percent of
the minimum wage established under ORS 653.025 during their
entire base year. + }
SECTION 2. { + (1)(a) Eligible economically distressed workers
enrolled or participating in economically distressed worker
training may not be denied unemployment insurance benefits solely
because they are attending training.
(b) 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:
(A) Is part-time or temporary or interferes with the eligible
economically distressed worker's training schedule; and
(B) Pays less than 110 percent of the minimum wage established
under ORS 653.025.
Enrolled House Bill 3483 (HB 3483-A) Page 1
(2) Notwithstanding any provision of ORS chapter 657 relating
to availability for work or actively seeking work, eligible
economically distressed workers who are enrolled or participating
in economically distressed worker training and who are otherwise
eligible for unemployment insurance benefits are not ineligible
for benefits or waiting week credit because of attendance in the
training. + }
SECTION 3. { + The Director of the Employment Department, in
consultation with the Department of Community Colleges and
Workforce Development, shall adopt rules necessary for the
administration of sections 1 and 2 of this 2009 Act, including
procedures for approval, periodic review for continued approval,
or disapproval of economically distressed worker training for
eligible economically distressed workers. The director shall
ensure that all programs for eligible economically distressed
workers provide integrated and appropriate training and
education. + }
SECTION 4. { + A base year employer's account may not be
charged for benefits for economically distressed worker training
paid under sections 1 and 2 of this 2009 Act. However, nothing in
this section may be construed to relieve the state, reimbursing
political subdivisions, reimbursing nonprofit employers or
reimbursing Indian tribes from paying into the Unemployment
Compensation Trust Fund an amount equal to the benefits for
economically distressed worker training paid under sections 1 and
2 of this 2009 Act. + }
SECTION 5. { + Sections 1 and 2 of this 2009 Act apply to
claims for benefits filed on or after November 1, 2009. + }
SECTION 6. { + Not later than March 1, 2011, the Director of
the Employment Department shall submit to the Legislative
Assembly a report on the operation of economically distressed
worker training through January 31, 2011. + }
SECTION 7. { + The total costs of benefits paid pursuant to
section 2 of this 2009 Act may not exceed $9.2 million. + }
SECTION 8. { + (1) As used in this section:
(a) 'Emergency benefit period' means a period beginning October
4, 2009, and ending on January 2, 2010.
(b) 'Oregon emergency benefits' means unemployment benefits
totally financed by the state and payable under ORS chapter 657
to individuals described in subsection (2) of this section during
an emergency benefit period.
(c) 'Regular benefits' has the meaning given that term in ORS
657.321.
(2) During an emergency benefit period, an individual may
receive Oregon emergency benefits in an amount equal to the
weekly benefit amount of the individual's most recent regular
unemployment benefit claim subject to the provisions of ORS
chapter 657 if:
(a) The individual has exhausted regular benefits under ORS
chapter 657;
(b) The individual is not eligible for any other unemployment
benefits, including benefits provided under any federal law
extending benefits beyond those provided for as regular benefits;
(c) The individual's benefit year expired on or after May 1,
2007; and
(d) The individual otherwise continues to meet the eligibility
requirements for regular benefits under ORS chapter 657.
(3) The maximum Oregon emergency benefits an individual may
receive under this section is 50 percent of the individual's most
recent regular Oregon unemployment benefit claim.
Enrolled House Bill 3483 (HB 3483-A) Page 2
(4) The Employment Department may not charge an employer's
account for benefits paid to an unemployed individual under this
section. However, nothing in this section may be construed to
relieve the state, reimbursing political subdivisions,
reimbursing nonprofit employers or reimbursing Indian tribes from
paying into the Unemployment Compensation Trust Fund an amount
equal to the Oregon emergency benefits paid to an unemployed
individual under this section.
(5) The provisions of this section apply only for weeks
beginning October 4, 2009, and ending January 2, 2010. + }
SECTION 9. { + Notwithstanding section 8 of this 2009 Act, the
Director of the Employment Department may immediately stop
payments of Oregon emergency benefits when the director
determines that the total amount of payments made pursuant to
section 8 of this 2009 Act would exceed $30 million if paid for
the succeeding calendar week. + }
SECTION 10. { + Sections 1 to 9 of this 2009 Act are repealed
on January 2, 2012. + }
SECTION 11. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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Passed by House June 26, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 29, 2009
...........................................................
President of Senate
Enrolled House Bill 3483 (HB 3483-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 3483 (HB 3483-A) Page 4