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 3649
 
                           A-Engrossed
 
                         Senate Bill 581
                Ordered by the Senate February 27
          Including Senate Amendments dated February 27
 
Sponsored by JOINT COMMITTEE ON WAYS AND MEANS
 
 
                             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.
 
    { - Transfers moneys from Waste Tire Recycling Account to
General Fund. - }
   { +  Transfers moneys from various funds and accounts to
General Fund for general governmental purposes. Transfers moneys
that would otherwise be transferred to counties in fiscal quarter
beginning April 1, 2009, to Administrative Services Economic
Development Fund. Transfers moneys from various accounts to
Department of Human Services Account.
  Reduces amount to be paid to cities and counties. Reduces
amount allocated to Problem Gambling Treatment Fund.
  Establishes School Day Restoration Fund to ensure completion of
2008-2009 school year. Sunsets provisions relating to fund on
July 1, 2009. Transfers moneys remaining in School Day
Restoration Fund to General Fund on July 1, 2009.
  Eliminates Employment Department component of JOBS Plus
program. Expands purposes for which moneys transferred to Oregon
Watershed Enhancement Board may be used. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to state financial administration; creating new
  provisions; amending ORS 411.877, 411.878, 411.882, 411.886,
  411.888, 411.889, 411.890, 411.892, 657.190 and 805.256;
  repealing ORS 411.884 and 657.925; appropriating money; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
 
                               { +
ADMINISTRATIVE + }
 
  SECTION 1.  { + Notwithstanding ORS 293.537, the amount of
$6,000,000 is transferred from the Tobacco Settlement Funds
Account to the General Fund for general governmental
purposes. + }
  SECTION 2.  { + Notwithstanding ORS 30.282 and 278.425, the
amount of $20,200,000 is transferred from the Insurance Fund to
the General Fund for general governmental purposes. + }
 
  SECTION 3.  { + Notwithstanding ORS 243.880 and section 25 (2),
chapter 7, Oregon Laws 2007, the amount of $4,996,081 is
transferred from the Oregon Educators Benefit Account to the
General Fund for general governmental purposes. + }
  SECTION 4.  { + The amount of $74,470 is transferred from the
suspense account established pursuant to ORS 310.692 (1985
Edition) for the homeowner and renter refund program to the
General Fund for general governmental purposes. + }
  SECTION 5.  { + For the biennium ending June 30, 2009:
  (1) Notwithstanding ORS 471.810 (1)(a), the amount credited to
the General Fund under ORS 471.810 (1)(a) is increased by
$2,248,840;
  (2) Notwithstanding ORS 471.810 (1)(b), the amount paid to the
cities of this state under ORS 471.810 (1)(b) is reduced by
$1,022,200;
  (3) Notwithstanding ORS 471.810 (1)(c), the amount paid to the
counties of this state under ORS 471.810 (1)(c) is reduced by
$511,100; and
  (4) Notwithstanding ORS 471.810 (1)(d), the amount paid to the
cities of this state under ORS 471.810 (1)(d) is reduced by
$715,540. + }
 
                               { +
CONSUMER AND BUSINESS SERVICES + }
 
  SECTION 6.  { + Notwithstanding ORS 652.409, the amount of
$3,000,000 is transferred from the Wage Security Fund to the
General Fund for general governmental purposes. + }
 
                               { +
ECONOMIC DEVELOPMENT + }
 
  SECTION 7.  { + Notwithstanding ORS 461.547, from moneys that
would otherwise be transferred to counties in the fiscal quarter
beginning April 1, 2009, under ORS 461.547, the amount of
$2,000,000 is transferred to the Administrative Services Economic
Development Fund. + }
  SECTION 8.  { + Notwithstanding ORS 285B.215, the amount of
$3,300,000 is transferred from the Credit Enhancement Fund to the
General Fund for general governmental purposes. + }
  SECTION 9.  { + Notwithstanding ORS 359.400 to 359.444, the
amount of $1,800,000 is transferred from the Trust for Cultural
Development Account to the General Fund for general governmental
purposes. + }
  SECTION 10.  { + Notwithstanding ORS 759.445, the balance in
the Connecting Oregon Communities Fund is transferred to the
General Fund for general governmental purposes. + }
  SECTION 11.  { + Notwithstanding ORS 285A.227, the amount of
$93,296 is transferred from the Oregon Community Development Fund
to the General Fund for general governmental purposes. + }
  SECTION 12.  { + Notwithstanding ORS 285B.266, the amount of
$75,000 is transferred from the Strategic Reserve Fund to the
General Fund for general governmental purposes. + }
  SECTION 13.  { + Notwithstanding ORS 657.822, the amount of
$4,700,000 is transferred from the Employment Department Special
Administrative Fund to the General Fund for general governmental
purposes. + }
  SECTION 14.  { + Notwithstanding ORS 657.925, the balance in
the Oregon JOBS Plus Unemployment Wage Fund is transferred to the
General Fund for general governmental purposes. + }
 
                               { +
EDUCATION + }
 
  SECTION 15.  { + Notwithstanding ORS 326.373, the amount of
$500,000 is transferred from the Department of Community Colleges
and Workforce Development Account to the General Fund for general
governmental purposes. + }
  SECTION 16.  { + Notwithstanding ORS 327.294, out of interest
earnings contained in the School Improvement Fund, the amount of
$2,976,114 is transferred from the School Improvement Fund to the
General Fund for general governmental purposes. + }
  SECTION 17.  { + Notwithstanding ORS 326.320, 327.026 and
327.485, the amount of $1,000,000 is transferred from the
Education Cash Account to the General Fund for general
governmental purposes. + }
  SECTION 18.  { + Notwithstanding ORS 343.247, the amount of
$2,000,000 is transferred from the Special Education Account to
the General Fund for general governmental purposes. + }
  SECTION 19.  { + The Legislative Assembly finds that:
  (1) The state is experiencing an unprecedented economic
downturn;
  (2) The state has an interest in ensuring that Oregon's
children are able to complete the 2008-2009 school year with
minimal or no reductions in school days; and
  (3) To achieve that purpose, it is necessary to establish a
School Day Restoration Fund so that the state may support
activities directly related to maintaining classroom activities
while allowing school districts and education service districts
to determine the specific activities necessary to reduce costs
and access local reserves to support Oregon's children. + }
  SECTION 20.  { + (1) The School Day Restoration Fund is
established in the General Fund.
  (2) The Department of Education shall distribute moneys in the
School Day Restoration Fund as follows:
  (a) 95.25 percent as grants to school districts, the Youth
Corrections Education Program and the Juvenile Detention
Education Program; and
  (b) 4.75 percent as grants to education service districts. + }
  SECTION 21.  { + (1) In addition to those moneys distributed
through the State School Fund, the Department of Education shall
award grants from the School Day Restoration Fund established by
section 20 of this 2009 Act to school districts, education
service districts, the Youth Corrections Education Program and
the Juvenile Detention Education Program for the purposes of
minimizing or eliminating any reductions in the number of school
days and ensuring the continuation of special education programs
for the remainder of the 2008-2009 school year.
  (2)(a) Each school district, each education service district,
the Youth Corrections Education Program and the Juvenile
Detention Education Program may apply to the Department of
Education for a grant under this section.
  (b) The Department of Education shall work with the Legislative
Fiscal Office to set grant application requirements.  The
requirements shall include, but are not limited to, a requirement
that the school district or education service district
superintendent, and president or chair of the district governing
board, certify that the district has made a good faith effort to:
  (A) Eliminate or minimize reductions in the number of school
days;
  (B) Continue special education programs;
  (C) Review and possibly reduce administrative salaries;
  (D) Collaborate with teachers and other employees concerning
ways to maintain school days; and
  (E) Utilize cash reserves to the greatest extent possible.
  (3)(a) Notwithstanding ORS 338.155 (9), the Department of
Education may not award a grant under this section directly to a
public charter school.
  (b) A school district that receives a grant under this section
may transfer a portion of the grant to a public charter school
based on the charter of the school or any other agreement between
the school district and the public charter school.
  (c) A public charter school that receives grant funds under
this subsection shall use those funds for the purposes specified
in subsection (1) of this section.
  (4)(a) The amount of each grant for a program or school
district = the program's or school district's ADMw X (the total
amount available for distribution to programs and school
districts as grants : the total statewide ADMw of all programs
and school districts).
  (b) The amount of each grant for an education service district
= the education service district's ADMw X (the total amount
available for distribution to education service districts as
grants : the total statewide ADMw of all education service
districts).
  (c) As used in this subsection, 'ADMw' means ADMw based upon
the collection of 2008-2009 second quarter average daily
membership as reported to the Department of Education by school
districts and the most recent collections of all other components
of ADMw for the 2008-2009 school year.
  (5) The State Board of Education may adopt any rules necessary
to implement and administer section 20 of this 2009 Act and this
section. + }
  SECTION 22.  { + (1) Sections 19 to 21 of this 2009 Act are
repealed July 1, 2009.
  (2) Any moneys remaining in the School Day Restoration Fund on
July 1, 2009, shall be transferred to the General Fund for
general governmental purposes. + }
 
                               { +
HUMAN SERVICES + }
 
  SECTION 23.  { + Notwithstanding ORS 461.549, the amount
allocated from the Administrative Services Economic Development
Fund to the Problem Gambling Treatment Fund under ORS 461.549, in
the fiscal quarter beginning April 1, 2009, is reduced by
$1,200,000. + }
  SECTION 24.  { + Notwithstanding ORS 426.506 (3), the amount of
$447,430 is transferred from the Community Housing Trust Account
within the Community Mental Health Housing Fund to the General
Fund for general governmental purposes. + }
  SECTION 25.  { + Notwithstanding any other provision of law,
the amount of $1,159,143 is transferred to the General Fund for
general governmental purposes from moneys in any fund or account
of the Department of Human Services that receives moneys for
public health services. + }
  SECTION 26. { +  Notwithstanding ORS 414.815, the amount of
$1,000,000 is transferred from the Law Enforcement Medical
Liability Account to the Department of Human Services Account
established in ORS 409.060. + }
  SECTION 27.  { + Notwithstanding ORS 411.894 (4), of moneys in
the Oregon JOBS Individual Education Account that are available
for appropriation and transfer under ORS 411.894 (4), the amount
of $1,800,000 is transferred from the Oregon JOBS Individual
Education Account to the Department of Human Services Account
established in ORS 409.060. + }
 
                               { +
NATURAL RESOURCES + }
 
  SECTION 28.  { + Notwithstanding ORS 459.236 and 465.381, the
amount of $4,100,000 is transferred from the Orphan Site Account
established in the Hazardous Substance Remedial Action Fund to
the General Fund for general governmental purposes. + }
  SECTION 29.  { + Notwithstanding ORS 468.065, the amount of
$400,000 collected to implement the Oregon low emissions vehicle
program is transferred from the account described in ORS 468.065
(6) to the General Fund for general governmental purposes. + }
  SECTION 30.  { + Notwithstanding ORS 468A.400, the amount of
$2,000,000 is transferred from the Department of Environmental
Quality Motor Vehicle Pollution Account to the General Fund for
general governmental purposes. + }
  SECTION 31.  { + Notwithstanding ORS 459.775, the amount of
$18,824 is transferred from the Waste Tire Recycling Account to
the General Fund for general governmental purposes. + }
  SECTION 32.  { + Notwithstanding ORS 466.795, the amount of
$47,854 is transferred from the Underground Storage Tank
Insurance Fund to the General Fund for general governmental
purposes. + }
  SECTION 33.  { + Notwithstanding ORS 561.144, 618.136 and
634.326, the amount of $2,250,000 is transferred from the
Department of Agriculture Service Fund to the General Fund for
general governmental purposes. + }
  SECTION 34.  { + Notwithstanding ORS 541.750, 541.830 and
541.840, from moneys paid into the Water Development
Administration and Bond Sinking Fund under ORS 541.750, the
amount of $1,600,000 is transferred from the Water Development
Administration and Bond Sinking Fund to the General Fund for
general governmental purposes. + }
  SECTION 35.  { + Notwithstanding ORS 555.380, the amount of
$426,050 is transferred from the Tumalo Project Fund to the
General Fund for general governmental purposes. + }
  SECTION 36.  { + Notwithstanding ORS 496.303 (7), the amount of
$3,500,000 is transferred from the Fish and Wildlife Deferred
Maintenance Subaccount to the General Fund for general
governmental purposes. + }
  SECTION 37. ORS 805.256 is amended to read:
  805.256. (1) After deduction of the cost of administration of
the salmon registration plate program, moneys from the surcharge
imposed by ORS 805.255 shall be transferred and appropriated as
follows:
  (a) Half of the moneys shall be transferred to the Oregon
Watershed Enhancement Board established under ORS 541.360 and
  { - shall be - }   { + are + } continuously appropriated to the
board for
  { - watershed enhancement projects under ORS 541.375 that are
designed to restore salmonid habitats and improve the health of
streams that support salmonid populations - }  { +  activities
under ORS 541.379 related to the restoration and protection of
native salmonid populations, watersheds, fish and wildlife
habitats and water quality, including but not limited to
activities under the Oregon Plan + }; and
  (b) Half of the moneys shall be transferred to the State Parks
and Recreation Department Fund established under ORS 390.134 and
continuously appropriated for the purposes described in ORS
390.134 (4).
  (2) As used in this section, 'the cost of administration of the
salmon registration plate program' is the sum of all Department
of Transportation expenses for the issuance or transfer of salmon
registration plates under ORS 805.255 that are above the normal
costs of issuing, renewing and transferring registration plates
in the normal course of the business of the department.  These
expenses include, but are not limited to, the costs of collecting
the salmon registration plate surcharge and transferring salmon
registration plates.
 
                               { +
PUBLIC SAFETY + }
 
  SECTION 38.  { + Notwithstanding ORS 180.095, the amount of
$2,000,000 is transferred from the Consumer Protection and
Education Revolving Account to the General Fund for general
governmental purposes. + }
 
  SECTION 39.  { + Notwithstanding ORS 418.746, the amount of
$900,000 is transferred from the Child Abuse Multidisciplinary
Intervention Account to the General Fund for general governmental
purposes. + }
  SECTION 40.  { + Notwithstanding ORS 181.690, the amount of
$1,151,183 is transferred from the Police Standards and Training
Account to the General Fund for general governmental
purposes. + }
  SECTION 41.  { + Notwithstanding ORS 401.806 and 401.808, the
amount of $3,112,497 is transferred from the Enhanced 9-1-1
Subaccount to the General Fund for general governmental
purposes. + }
  SECTION 42.  { + Notwithstanding ORS 401.806 and 401.808, the
amount of $500,000 is transferred from the Enhanced 9-1-1
Equipment Replacement Subaccount to the General Fund for general
governmental purposes. + }
  SECTION 43.  { + Notwithstanding any other provision of law,
the amount of $640,000 is transferred from the miscellaneous
receipts account established for the Judicial Department under
ORS 279A.290 to the General Fund for general governmental
purposes. + }
  SECTION 44.  { + Notwithstanding ORS 1.202 and 1.204:
  (1) The amount of $4,350,000 is transferred from the Judicial
Department Collections Account to the General Fund for general
governmental purposes; and
  (2) The amount of $460,000 is transferred to the General Fund
for general governmental purposes from the unit within the
collections and revenue management program that collects parking
fines in counties with populations of more than 500,000. + }
  SECTION 45.  { + Notwithstanding ORS 1.178, the amount of
$1,200,000 is transferred from the State Court Facilities
Security Account to the General Fund for general governmental
purposes. + }
  SECTION 46.  { + Notwithstanding ORS 476.055, the amount of
$2,000,000 is transferred from the State Fire Marshal Fund to the
General Fund for general governmental purposes. + }
 
                               { +
EMPLOYMENT DEPARTMENT + }
 
  SECTION 47. ORS 411.877 is amended to read:
  411.877. As used in ORS   { - 316.680, - }  411.877 to 411.896
 { - and 657.925 - } :
  (1) 'Board' means the JOBS Plus Advisory Board established in
ORS 411.886.
  (2)   { -  ' Department' means the Department of Human
Services. - }  { +  ' Food stamp plan' means the plan described
in ORS 411.825.
  (3) 'Job opportunities and basic skills program' means the
program described in ORS 412.006. + }
    { - (3) - }  { +  (4) + } 'JOBS Plus' or 'program' means the
JOBS Plus Program established in ORS 411.878.
  SECTION 48. ORS 411.878 is amended to read:
  411.878. (1) In establishing and implementing a program to be
known as the JOBS Plus Program, the Legislative Assembly
recognizes that early attachment to work and development of
knowledge and skills are the most effective means of helping
people make the transition from dependence on public assistance
and subsiding in poverty to regular employment and self-reliance.
It is the intent of the Legislative Assembly to promote greater
economic self-sufficiency among Oregon families   { - and
workers - }  by:
  (a) Increasing the employability of unemployed and
underemployed Oregonians through on-the-job training;
 
 
  (b) Invigorating the public-private workforce partnership
through development of jobs with both private for-profit and
public employers;
  (c) Ensuring that program participants through their employment
development plans have opportunities to improve work skills,
education and employability and to establish recent work
histories with work site training, mentoring, individual
education accounts and provision of necessary support service
benefits that include child care, workers' compensation, job
placement and a guarantee that participation in the JOBS Plus
Program does not result in a reduction in net income to a
participant when compared with the participant's combined income
from the temporary assistance for needy families program
 { - , - }  { +  and + } the food stamp { +  plan + }
  { - program and the unemployment insurance program - } ; and
  (d) Expeditiously placing program participants in subsidized
and unsubsidized employment.
  (2) The JOBS Plus Program is created as a program in which
residents of the State of Oregon shall, in lieu of receiving food
stamp benefits and payments from the temporary assistance for
needy families program, be provided jobs and paid in a way that
promotes self-sufficiency and encourages unemployed Oregonians to
improve their positions in the workforce.   { - Recipients of
unemployment insurance also shall be offered employment under the
program. - }  The JOBS Plus Program shall be a public assistance
to work strategy for the State of Oregon and operate under the
job opportunities and basic skills program and rules adopted
thereunder to the extent such rules are not inconsistent with ORS
  { - 316.680, - }  411.877 to 411.896   { - and 657.925 - } .
These rules include but are not limited to rules regarding
participation requirements  { - , exemptions - }  and support
services.
  SECTION 49. ORS 411.882 is amended to read:
  411.882. In administering the JOBS Plus Program and to the
extent permitted by federal law, the Department of Human Services
shall maximize the use of federal grants and apportionments of
the temporary assistance for needy families program, the food
stamp
  { - program - }   { + plan + } and employment related child
care.
  SECTION 50. ORS 411.886 is amended to read:
  411.886. (1) The JOBS Plus Advisory Board is established. The
board shall advise the Department of Human Services   { - and the
Employment Department - }  in the direction and administration of
the JOBS Plus Program established   { - under ORS 316.680,
411.877 to 411.896 and 657.925 - }  { +  in 411.878 + }. The
board shall have seven members, consisting of six representatives
of the business community and one employed former recipient of
temporary assistance for needy families  { - , - }  { +  or + }
the food stamp { +  plan + }   { - program or the unemployment
insurance program - } .
  (2) The Governor shall appoint new members from nominees
recommended by the board.
  (3) Members appointed to the board shall serve terms of three
years.
  SECTION 51. ORS 411.888 is amended to read:
  411.888. (1) Nominations for persons to fill scheduled
vacancies must be made to the Governor not less than 30 days
prior to the effective date of the vacancy. Nominations for
persons to fill an unscheduled vacancy shall be made to the
Governor not more than 30 days after the position becomes vacant.
  (2) The JOBS Plus Advisory Board shall select one of its
members to serve as a chairperson for such terms and with duties
and powers necessary for the performance of the functions of such
office as the board determines. A majority of the members of the
board constitutes a quorum for the transaction of business.
  (3) The board shall meet at least once each quarter with the
Director of Human Services   { - and the Director of the
Employment Department - } .
  (4) The board shall report at least annually to the Governor
and the Legislative Assembly on the status and progress of the
JOBS Plus Program. The chairperson of the board shall have the
additional duty to work with and coordinate the local councils
created in ORS 411.890.
  SECTION 52. ORS 411.889 is amended to read:
  411.889. The   { - Employment Department and the - }
Department of Human Services shall explore contracting for job
procurement and placement services with private job placement
institutions. If contracting is deemed beneficial,   { - the
Employment Department and - } the Department of Human Services
 { - are - }  { +  is + } encouraged to and shall have the
authority to contract with private placement firms.
  SECTION 53. ORS 411.890 is amended to read:
  411.890. A JOBS Plus Implementation Council shall be
established in service areas to be determined by the Director of
Human Services to assist the JOBS Plus Advisory Board  { - , - }
 { +  and + } the Department of Human Services   { - and the
Employment Department - }  in the administration of the JOBS Plus
Program and to allow local flexibility in dealing with the
particular needs of each county.  Each council shall be primarily
responsible for recruiting and encouraging participation of
employment providers in the county.  Each council shall be
composed of seven members who shall be appointed by the county
commissioners in each county in the district. Council members
shall be residents of the district in which they are appointed
and shall serve four-year terms. Six members of the council shall
be from the local business community.  At least one member shall
be a current or former recipient of the temporary assistance for
needy families program  { - , - }  { +  or + } the food stamp
 { + plan + }   { - program or the unemployment insurance
program - } .
  SECTION 54. ORS 411.892 is amended to read:
  411.892. (1)(a) All employers, including public and private
sector employers within the State of Oregon, are eligible to
participate in the JOBS Plus Program. The Department of Human
Services   { - or Employment Department, as appropriate, - }
shall adopt by rule a method to disqualify employers from
participating in the program. No employer is required to
participate in the JOBS Plus Program. In the event that there are
unassigned participants whom no employer desires to utilize, the
participants may be assigned to work for a public agency.
  (b) The maximum number of program participants that any
employer is authorized to receive at any one time may not exceed
10 percent of the total number of the employer's employees.
However, each employer may receive one participant. The Director
of Human Services   { - or Director of the Employment Department,
as appropriate, - }  may waive the limit in special
circumstances.
  (c) The Department of Human Services   { - or Employment
Department, as appropriate, - }  by rule shall establish criteria
for excluding employers from participation for failure to abide
by program requirements, showing a pattern of terminating
participants prior to the completion of training or other
demonstrated unwillingness to comply with the stated intent of
the program.
  (2) The Department of Human Services   { - or Employment
Department, as appropriate, - }  shall ensure that jobs made
available to program participants:
  (a) Do not require work in excess of 40 hours per week;
    { - (b) Are in conformity with section 3304(a)(5) of the
Federal Unemployment Tax Act; - }
 
    { - (c) - }  { +  (b) + } Are not used to displace regular
employees or to fill unfilled positions previously established;
and
    { - (d) - }  { +  (c) + } Do not pay a wage that is
substantially less than the wage paid for similar jobs in the
local economy with appropriate adjustments for experience and
training.
  (3)(a) Eligibility for the program shall be limited to
residents who are:
  (A) Adults and caretaker relatives who are receiving temporary
assistance for needy families benefits;
  (B) Adult food stamp   { - program - }  recipients except as
described in subsection (5)(b) of this section; { +  and + }
    { - (C) Unemployment compensation recipients; and - }
    { - (D) - }  { +  (C) + } Unemployed noncaretaker parents of
children who are receiving temporary assistance for needy
families benefits.
  (b) In addition to those residents eligible for the program
under paragraph (a) of this subsection, additional residents who
are seeking employment may be eligible for the program if there
are legislatively allocated funds available   { - from the
savings attributable to the program in the Unemployment
Compensation Trust Fund or - }  in the temporary assistance for
needy families budget of the Department of Human Services.
  (4)(a) Individuals desiring work through the program shall
contact the nearest Department of Human Services office serving
the county in which they reside if they are temporary assistance
for needy families program or food stamp   { - program - }  { +
plan + } applicants or recipients or noncustodial parents of
individuals receiving temporary assistance for needy families.
 { - Unemployment insurance applicants or recipients or others
seeking employment may gain access to the program through their
local Employment Department office. - }
  (b) With the assistance of the local JOBS Plus Implementation
Councils and the JOBS Plus Advisory Board, the Department of
Human Services shall develop a job inventory of sufficient size
to accommodate all of the participants who desire to work in the
program. In consultation with the participant, the department
shall try to match the profile of each participant with the needs
of an employer when assigning a participant to work with the
employer.
  (c) Either the employer or the participant may terminate the
assignment by contacting the appropriate Department of Human
Services   { - or Employment Department - }  office. In such
event, the Department of Human Services   { - or Employment
Department - }  shall reassess the needs of the participant and
assign the participant to another JOBS Plus Program placement or
another job opportunity and basic skills program component and,
at the employer's request, provide the employer with another
participant.
  (d)(A)   { - Subject to ORS 657.925 (6)(d), - }  If after four
months in a placement, a participant has not been hired for an
unsubsidized position, the employer shall allow the worker to
undertake eight hours of job search per week. Participating
employers shall consider such time as hours worked for the
purposes of paying wages.
  (B)   { - Subject to ORS 657.925 (6)(d), - }  If after six
months in a placement, a participant has not been hired for an
unsubsidized position, the placement shall be terminated, and the
caseworker shall reassess the participant's employment
development plan.
  (e) The Department of Human Services may pay placement and
barrier removal payments to temporary assistance for needy
families  { + program + } and food stamp   { - program - }  { +
plan + } participants as necessary to enable participation in the
JOBS Plus Program.
  (f) The Department of Human Services shall accept eligible
volunteers into the program prior to mandating program
participation by eligible persons.
  (5)(a) Assignment of participants to available jobs shall be
based on a preference schedule developed by the Department of
Human Services   { - and the Employment Department - } . Any
temporary assistance for needy families recipient or food stamp
recipient may volunteer for the program.
  (b) The following individuals may not be required to
participate in the program:
  (A)  { + Recipients under the + } temporary assistance for
needy families  { + program + } and  { + the + } food stamp { +
plan + }   { - recipients - }  who are eligible for Supplemental
Security Income benefits or other ongoing state or federal
maintenance benefits based on age or disability.
  (B) Food stamp applicants or recipients who are employed
full-time or are college students eligible for food stamps and
enrolled full-time in a community college or an institution of
higher education, or enrolled half-time in a community college or
an institution of higher education and working at least 20 hours
per week.
  (C) Teenage parents who remain in high school if progressing
toward a diploma. Teenage parents not in school are eligible for
the JOBS Plus Program.
  (c) The Department of Human Services shall provide life skills
classes and opportunities to achieve General Educational
Development (GED) certificates to appropriate participants in
conjunction with working in the JOBS Plus Program.
  (d)  { + Subject to subsection (7) of this section,
 + }temporary assistance for needy families and food stamp
benefits shall be suspended at the end of the calendar month in
which an employer makes the first wage payment to a participant
who is a custodial parent in a family that receives temporary
assistance for needy families or to any adult member of a
household receiving food stamp benefits. Failure of the
participant to cooperate with the requirements of the JOBS Plus
Program may result in the participant's removal, in accordance
with rules adopted by the Department of Human Services, from the
JOBS Plus Program and suspension of the participant's temporary
assistance for needy families grant and food stamp benefits. A
temporary assistance for needy families and food stamp benefits
recipient who has been removed from the program for failing to
cooperate shall be eligible to reapply to participate in the
program and shall have eligibility for program services
determined without regard to the length of time the person was
not participating following removal.
  (6)(a) Employers shall pay all participating individuals at
least the hourly rate of the Oregon minimum wage.
  (b) Sick leave, holiday and vacation absences shall conform to
the individual employer's rules for temporary employees.
  (c) Group health insurance benefits shall be provided by the
employer to program participants if, and to the extent that,
state or federal law requires the employer to provide such
benefits.
  (d) All persons participating in the JOBS Plus Program shall be
considered to be temporary employees of the individual employer
providing the work and shall be entitled only to benefits
required by state or federal law.
  (e) Employers shall provide workers' compensation coverage for
each JOBS Plus Program participant.
  (7) In the event that the net monthly full-time wage paid to a
participant would be less than the level of income from the
temporary assistance for needy families program and the food
stamp benefit amount equivalent that the participant would
otherwise receive, the Department of Human Services shall
determine and pay a supplemental payment as necessary to provide
the participant with that level of net income. The department
shall determine and pay in advance supplemental payments to
participants on a monthly basis as necessary to ensure equivalent
net program wages.  Participants shall be compensated only for
time worked.
  (8) In addition to and not in lieu of the payments provided for
under subsections (6) and (7) of this section, participants shall
be entitled to retain the full child support payments collected
by the Department of Justice.
  (9) Program participants who are eligible for federally and
state funded medical assistance at the time they enter the
program shall remain eligible as long as they continue to
participate in the program. In conformity with existing state day
care program regulations, child day care shall be provided for
all program participants who require it.
  (10) JOBS Plus Program employers shall:
  (a) Endeavor to make JOBS Plus Program placements positive
learning and training experiences;
  (b) Maintain health, safety and working conditions at or above
levels generally acceptable in the industry and no less than that
of comparable jobs of the employer;
  (c) Provide on-the-job training to the degree necessary for the
participants to perform their duties;
  (d) Recruit volunteer mentors from among their regular
employees to assist the participants in becoming oriented to work
and the workplace; and
  (e) Sign an agreement to abide by all requirements of the
program, including the requirement that the program not supplant
existing jobs. All agreements shall include provisions noting the
employer's responsibility to repay reimbursements in the event
the employer violates program rules. When a professional
placement service, professional employment organization or
temporary employment agency is acting as an employer pursuant to
subsection
  { - (14) - }   { + (13) + } of this section, agreements under
this paragraph shall require a three-party agreement between the
professional placement service, professional employment
organization or temporary employment agency, the organization
where the participant has been placed to perform services and the
State of Oregon. The three-party agreement shall include
provisions requiring that all JOBS Plus reimbursements received
by the professional placement service, professional employment
organization or temporary employment agency be credited to the
organization where the participant has been placed to perform
services.
  (11) Program participant wages shall be subject to federal and
state income taxes, Social Security taxes and unemployment
insurance tax or reimbursement as applicable under ORS chapter
657, which shall be withheld and paid in accordance with state
and federal law. Supplemental payments made pursuant to
subsection (7) of this section shall not be subject to state
income taxes under ORS chapter 316 and, to the extent allowed by
federal law, shall not be subject to federal income taxes and
Social Security taxes.
  (12)(a)  { - (A) - }  The Department of Human Services shall
reimburse employers for the employers' share of Social Security,
unemployment insurance and workers' compensation premiums paid on
behalf of program participants  { - , other than those who are
unemployment insurance claimants, - }  referred to the employer
by the Department of Human Services, as well as the minimum wage
earnings paid by the employer to program participants referred to
the employer by the Department of Human Services.
    { - (B) The Employment Department shall reimburse employers
$5 per hour paid by the employer as earnings to JOBS Plus Program
participants, who are unemployment insurance claimants and are
referred to the employer by the Employment Department. - }
  (b) If the Department of Human Services   { - or Employment
Department - }  finds that an employer has violated any of the
rules of the JOBS Plus Program, the   { - appropriate - }
department:
  (A) Shall withhold any amounts due to employers under paragraph
(a) of this subsection.
  (B) May seek repayment of any amounts paid to employers under
paragraph (a) of this subsection.
    { - (13) Subject to ORS 657.925 (6)(d), for unemployment
insurance claimants participating in the JOBS Plus Program: - }
    { - (a) If after nine weeks in a placement, a participant has
not been hired for an unsubsidized position, the employer shall
allow the worker to undertake up to five hours of job search per
week. Participating employers shall consider this time as hours
worked for the purposes of paying wages. - }
    { - (b) If after 13 weeks in a placement, a participant has
not been hired for an unsubsidized position, the employer shall
terminate the placement and the Employment Department shall
assess the participant's employment development plan. - }
    { - (14) - }  { +  (13) + } For purposes of this section,
'employer' shall include professional placement services,
professional employment organizations and temporary employment
agencies.
  SECTION 55. ORS 657.190 is amended to read:
  657.190.   { - (1) - }  In determining whether any work is
suitable for an individual, the Director of the Employment
Department shall consider, among other factors, the degree of
risk involved to the health, safety and morals of the individual,
the physical fitness and prior training, experience and prior
earnings of the individual, the length of unemployment and
prospects for securing local work in the customary occupation of
the individual and the distance of the available work from the
residence of the individual.
    { - (2) Notwithstanding subsection (1) of this section, the
director may refer claimants to JOBS Plus Program jobs for which
the claimant does not have adequate skills or experience when the
JOBS Plus Program job is likely to result in an upgrade in the
claimant's skills and experience. - }
  SECTION 56.  { + ORS 411.884 and 657.925 are repealed. + }
 
                               { +
MISCELLANEOUS + }
 
  SECTION 57.  { + The transfers and allocations described in
this 2009 Act shall be made on or before June 30, 2009. + }
  SECTION 58.  { + The unit captions used in this 2009 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act. + }
  SECTION 59.  { + 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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