Chapter 401 Oregon Laws 1999

Session Law

AN ACT

SB 1086

Relating to Employment Department records; creating new provisions; and amending ORS 657.665.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS chapter 657.

SECTION 2. (1) As used in this section:

(a) "Wage information" means the amount of wages as reported to the Employment Department by each employer as earned by a particular individual during the period, not to exceed 15 recorded quarters preceding the quarter in which the request for disclosure is made, and the name and address of each employer.

(b) "Consumer reporting agency" means a consumer reporting agency as defined in the federal Fair Credit Reporting Act, 15 U.S.C. 1681a.

(2) The Employment Department shall disclose by electronic means wage information to consumer reporting agencies for the purpose of verifying information provided by an individual in connection with a specific credit transaction if all of the following conditions are met:

(a) The individual to whom the information pertains provides written consent to the disclosure before the information is released to the consumer reporting agency and the consent form discloses the following information:

(A) The consent is voluntary and not required by law;

(B) Refusal to consent to disclosure of wage information shall not be a basis for the denial of credit;

(C) If consent is granted, the individual's wage information will be released;

(D) The release shall be only for the specific transaction identified in the consent form;

(E) Wage information reported to the state by the individual's employers will be accessed;

(F) The wage information disclosed will come from state government files; and

(G) All of the parties that may receive the information released;

(b) The consumer reporting agency agrees to comply with all applicable federal and state credit reporting laws, regulations and rules, including, but not limited to, the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., and the regulations promulgated thereunder;

(c) The disclosure is for a purpose authorized by, and occurs in a manner permitted by, the United States Department of Labor;

(d) The consumer reporting agency agrees to comply with the audit standards, security standards, technological requirements and all other terms and conditions, including any net worth and liability insurance requirements, that the Employment Department deems necessary and establishes to safeguard the confidentiality of the wage information released under this section or to otherwise serve the public interest;

(e) Prior to the release of any wage information, the consumer reporting agency pays all development and other start-up costs incurred by the state in connection with implementing systems and procedures for electronic disclosure of wage information;

(f) The consumer reporting agency pays a transaction fee in an amount established by the Employment Department to offset the department's costs of ongoing support for electronic disclosure of wage information to that consumer reporting agency, including the costs associated with revising incomplete or inaccurate wage records performed for the sole purpose of the specific credit transaction; and

(g) The Employment Department does not bear any liability for:

(A) The improper release of information by the consumer reporting agency; or

(B) The accuracy of wage records reported by employers to the department.

SECTION 3. 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 Support Enforcement Division or the district attorney pursuant to ORS 25.080.

(2) However, any claimant or legal representative, at a hearing before a referee or the director, 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, and political subdivisions acting alone or in concert in city, county, metropolitan, regional or state planning to the extent necessary to properly carry out governmental planning 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 section 2 of this 1999 Act.

(4) Nothing in this section shall prevent the Employment Department from providing names and addresses of employing units to the Oregon 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 of Labor and Industries.

(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 279.348 to 279.380, the names, addresses and industrial codes of employer units, the number of employees each unit employs during a given time period and the firm number assigned to employer units by the Employment Department. Information so provided shall be confidential and shall not be released by the Commissioner of the Bureau of Labor and Industries 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 of Labor and Industries.

(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) 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.

(8) 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.

(9) 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 chapter 656. 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 Consumer and Business Services in any manner that would identify such employing unit or employee except to the extent necessary to carry out its duties under ORS chapter 656. However, the Director of the Department of Consumer and Business Services 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 Consumer and Business Services.

(10) 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.

(11) 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.

(12) Nothing in this section shall prevent the Employment Department from providing information to the State Scholarship 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 State Scholarship 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 State Scholarship Commission.

(13) 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.

Approved by the Governor June 29, 1999

Filed in the office of Secretary of State June 30, 1999

Effective date October 23, 1999

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