Bill Text: OR HB2060 | 2011 | Regular Session | Enrolled
Bill Title: Relating to the disclosure of employment-related information; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-05-16 - Chapter 38, (2011 Laws): Effective date May 16, 2011. [HB2060 Detail]
Download: Oregon-2011-HB2060-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2060
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber
for Department of Human Services)
CHAPTER ................
AN ACT
Relating to the disclosure of employment-related information;
amending ORS 657.665; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 657.665 is amended to read:
657.665. (1) Except as provided in subsections (2) to (4) of
this section, all information in the records of the Employment
Department pertaining to the administration of the unemployment
insurance, employment service and labor market information
programs:
(a) Is confidential and for the exclusive use and information
of the Director of the Employment Department in administering the
unemployment insurance, employment service and labor market
information programs in Oregon.
(b) May not be used in any court action or in any proceeding
pending in the court unless the director or the state is a party
to the action or proceeding or unless the proceeding concerns the
establishment, enforcement or modification of a support
obligation and support services are being provided by the
Division of Child Support or the district attorney pursuant to
ORS 25.080.
(c) Is exempt from disclosure under ORS 192.410 to 192.505.
(2) The Employment Department shall disclose information:
(a) To any claimant or legal representative, at a hearing
before an administrative law judge, to the extent necessary for
the proper presentation of an unemployment insurance claim.
(b) Upon request to the United States Secretary of Labor. The
Employment Department shall disclose the information in a form
and containing the information that the United States Secretary
of Labor may require. The information disclosed is confidential
and may not be used for any other purpose.
(c) Pursuant to section 303(a)(7) of the Social Security Act,
upon request to any agency of the United States charged with the
administration of public works or assistance through public
employment. Under this paragraph, the Employment Department shall
disclose the name, address, ordinary occupation and employment
status of each recipient of unemployment insurance benefits and a
statement of the recipient's right to further benefits under this
chapter. The information disclosed is confidential and may not be
used for any other purpose.
Enrolled House Bill 2060 (HB 2060-INTRO) Page 1
(d) Pursuant to section 303(c)(1) of the Social Security Act,
to the Railroad Retirement Board. Under this paragraph, the
Employment Department shall disclose unemployment insurance
records. The information disclosed is confidential and may not be
used for any other purpose. The costs of disclosing information
under this paragraph shall be paid by the board.
(e) Pursuant to section 303(d) of the Social Security Act, upon
request to officers and employees of the United States Department
of Agriculture and to officers or employees of any state
Supplemental Nutrition Assistance Program agency for the purpose
of determining an individual's eligibility for or the amount of
supplemental nutrition assistance. The information disclosed is
confidential and may not be used for any other purpose. The costs
of disclosing information under this paragraph shall be paid by
the United States Department of Agriculture.
(f) Pursuant to section 303(e)(1) and (2)(A)(ii) of the Social
Security Act, to state or local child support enforcement
agencies enforcing child support obligations under Title IV-D of
the Social Security Act for the purposes of establishing child
support obligations, locating individuals owing child support
obligations and collecting child support obligations from those
individuals. The information disclosed is confidential and may
not be used for any other purpose. The costs of disclosing
information under this paragraph shall be paid by the child
support enforcement agency.
(g) Pursuant to sections 303(f) and 1137 of the Social Security
Act, to agencies participating in the income and eligibility
verification system for the purpose of verifying an individual's
eligibility for benefits, or the amount of benefits, under
unemployment insurance, temporary assistance for needy families,
Medicaid, the Supplemental Nutrition Assistance Program,
Supplemental Security Income, child support enforcement or Social
Security programs. The information disclosed is confidential and
may not be used for any other purpose. The costs of disclosing
information under this paragraph shall be paid by the requesting
agency.
(h) Pursuant to section 303(h) of the Social Security Act and
section 3304(a)(16)(B) of the Federal Unemployment Tax Act, to
the United States Department of Health and Human Services
National Directory of New Hires. The information disclosed is
confidential and may not be used for any other purpose. The costs
of disclosing information under this paragraph shall be paid by
the United States Department of Health and Human Services.
(i) Pursuant to section 303(i) of the Social Security Act, to
officers and employees of the United States Department of Housing
and Urban Development and to representatives of a public housing
agency for the purpose of determining an individual's eligibility
for benefits, or the amount of benefits, under a housing
assistance program of the United States Department of Housing and
Urban Development. The information disclosed is confidential and
may not be used for any other purpose. The costs of disclosing
information under this paragraph shall be paid by the United
States Department of Housing and Urban Development or the public
housing agency.
(j) Pursuant to regulations of the United States Secretary of
Health and Human Services issued under section 3304(a)(16)(A) of
the Federal Unemployment Tax Act, and except as required by
section 303 of the Social Security Act, to the state, a political
subdivision or a federally recognized Indian tribe that has
signed an agreement with the Department of Human Services to
Enrolled House Bill 2060 (HB 2060-INTRO) Page 2
administer Part A of Title IV of the Social Security Act for the
purpose of determining an individual's eligibility for
assistance, or the amount of assistance, under a program funded
under Part A of Title IV of the Social Security Act. The
information disclosed is confidential and may not be used for any
other purpose.
(k) Upon request, to the United States Attorney's Office.
Under this paragraph, the Employment Department may disclose an
individual's employment and wage information in response to a
federal grand jury subpoena or for the purpose of collecting
civil and criminal judgments, including restitution and special
assessment fees. The information disclosed is confidential and
may not be used for any other purpose. The costs of disclosing
information under this paragraph shall be paid by the United
States Attorney's Office.
(3) The Employment Department may disclose information secured
from employing units:
(a) To agencies of this state, federal agencies and local
government agencies to the extent necessary to properly carry out
governmental planning, performance measurement, program analysis,
socioeconomic analysis and policy analysis functions performed
under applicable law. The information disclosed is confidential
and may not be disclosed by the agencies in any manner that would
identify individuals, claimants, employees or employing units. If
the information disclosed under this paragraph is not prepared
for the use of the Employment Department, the costs of disclosing
the information shall be paid by the agency requesting the
information.
(b) As part of a geographic information system. Points on a map
may be used to represent economic data, including the location,
employment size class and industrial classification of businesses
in Oregon. Information presented as part of a geographic
information system may not give specific details regarding a
business's address, actual employment or proprietary information.
If the information disclosed under this paragraph is not prepared
for the use of the Employment Department, the costs of disclosing
the information shall be paid by the party requesting the
information.
(c) In accordance with ORS 657.673.
(4) The Employment Department may:
(a) Disclose information to public employees in the performance
of their duties under state or federal laws relating to the
payment of unemployment insurance benefits, the provision of
employment services and the provision of labor market
information.
(b) At the discretion of the Director of the Employment
Department and subject to an interagency agreement, disclose
information to public officials in the performance of their
official duties administering or enforcing laws within their
authority and to the agents or contractors of public officials.
The public official shall agree to assume responsibility for
misuse of the information by the official's agent or contractor.
(c) Disclose information pursuant to an informed consent,
received from an employer or claimant, to disclose the
information.
(d) Disclose information to partners under the federal
Workforce Investment Act of 1998 for the purpose of administering
state workforce programs under the Act. The information disclosed
is confidential and may not be used for any other purpose. The
Enrolled House Bill 2060 (HB 2060-INTRO) Page 3
costs of disclosing information under this paragraph shall be
paid by the requesting partner.
(e) Disclose the names and addresses of employing units to the
Bureau of Labor and Industries for the purpose of disseminating
information to employing units. The names and addresses disclosed
are confidential and may not be used for any other purpose. If
the information disclosed under this paragraph is not prepared
for the use of the Employment Department, the costs of disclosing
the information shall be paid by the bureau.
(f) Disclose information to the Commissioner of the Bureau of
Labor and Industries for the purpose of performing duties under
ORS 279C.800 to 279C.870, 658.005 to 658.245 or 658.405 to
658.503 or ORS chapter 652, 653 or 659A. The information
disclosed may include the names and addresses of employers and
employees and payroll data of employers and employees. The
information disclosed is confidential and may not be used for any
other purpose. If the information disclosed under this paragraph
is not prepared for the use of the Employment Department, the
costs of disclosing the information shall be paid by the bureau.
(g) Disclose 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 disclosed is confidential and may not be used for any
other purpose. The costs of disclosing information under this
paragraph shall be paid by the Public Employees Retirement
System.
(h) Disclose to the Oregon Business Development Commission
information required by the commission in performing its duty
under ORS 285A.050 to verify changes in employment levels
following direct employer participation in Oregon Business
Development Department programs or indirect participation through
municipalities under ORS 285B.410 to 285B.482. The information
disclosed to the commission may include an employer's employment
level, total subject wages payroll and whole hours worked. The
information disclosed is confidential and may not be used for any
other purpose. The commission may not disclose the information in
any manner that would identify an employing unit or employee
except to the extent necessary to carry out the commission's duty
under ORS 285A.050. If the information disclosed under this
paragraph is not prepared for the use of the Employment
Department, the costs of disclosing the information shall be paid
by the commission.
(i) Disclose information to the Department of Revenue for the
purpose of performing its duties under ORS 293.250 or under the
revenue and tax laws of this state. The information disclosed may
include the names and addresses of employers and employees and
payroll data of employers and employees. The information
disclosed is confidential and may not be disclosed by the
Department of Revenue in any manner that would identify an
employing unit or employee except to the extent necessary to
carry out the department's 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. The Department of Revenue may not disclose any
information received to any private collection agency or for any
other purpose. If the information disclosed under this paragraph
is not prepared for the use of the Employment Department, the
costs of disclosing the information shall be paid by the
Department of Revenue.
Enrolled House Bill 2060 (HB 2060-INTRO) Page 4
(j) Disclose information to the Department of Consumer and
Business Services for the purpose of performing its duties under
ORS chapters 654 and 656. The information disclosed may include
the name, address, number of employees and industrial
classification code of an employer and payroll data of employers
and employees. The information disclosed is confidential and may
not be disclosed by the Department of Consumer and Business
Services in any manner that would identify an employing unit or
employee except to the extent necessary to carry out the
department's duties under ORS chapters 654 and 656, including
administrative hearings and court proceedings in which the
Department of Consumer and Business Services is a party. If the
information disclosed under this paragraph is not prepared for
the use of the Employment Department, the costs of disclosing the
information shall be paid by the Department of Consumer and
Business Services.
(k) Disclose information to the Construction Contractors Board
for the purpose of performing its duties under ORS chapter 701.
The information disclosed to the board may include the names and
addresses of employers and status of their compliance with this
chapter. If the information disclosed under this paragraph is not
prepared for the use of the Employment Department, the costs of
disclosing the information shall be paid by the board.
(L) Disclose information to the State Fire Marshal to assist
the State Fire Marshal in carrying out duties under ORS 453.307
to 453.414. The information disclosed may include the name,
address, telephone number and industrial classification code of
an employer. The information disclosed is confidential and may
not be disclosed by the State Fire Marshal in any manner that
would identify an employing unit except to the extent necessary
to carry out duties under ORS 453.307 to 453.414. If the
information disclosed under this paragraph is not prepared for
the use of the Employment Department, the costs of disclosing the
information shall be paid by the office of the State Fire
Marshal.
(m) Disclose information to the Oregon Student Assistance
Commission for the purpose of performing the commission's duties
under ORS chapter 348 and Title IV of the Higher Education Act of
1965. The information disclosed may include the names and
addresses of employers and employees and payroll data of
employers and employees. The information disclosed is
confidential and may not be disclosed by the commission in any
manner that would identify an employing unit or employee except
to the extent necessary to carry out the commission's duties
under ORS chapter 348 or Title IV of the Higher Education Act of
1965. If the information disclosed under this paragraph is not
prepared for the use of the Employment Department, the costs of
disclosing the information shall be paid by the commission.
(n) Disclose information to the Department of Transportation to
assist the Department of Transportation in carrying out the
duties of the Department of Transportation relating to collection
of delinquent and liquidated debts, including taxes, under ORS
184.610 to 184.666, 184.670 to 184.733 and 805.263, ORS chapter
319 and the Oregon Vehicle Code. The information disclosed may
include the names and addresses of employers and employees and
payroll data of employers and employees. The information
disclosed is confidential and may not be disclosed by the
Department of Transportation in any manner that would identify an
employing unit or employee except to the extent necessary to
carry out the Department of Transportation's duties relating to
Enrolled House Bill 2060 (HB 2060-INTRO) Page 5
collection of delinquent and liquidated debts 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 of
Transportation. The Department of Transportation may not disclose
any information received to any private collection agency or for
any other purpose. If the information disclosed under this
paragraph is not prepared for the use of the Employment
Department, the costs of disclosing the information shall be paid
by the Department of Transportation.
{ + (o) Disclose information to the Department of Human
Services and the Oregon Health Authority to assist the Department
of Human Services and the Oregon Health Authority in the
collection of debts that the Department of Human Services and the
Oregon Health Authority are authorized by law to collect. The
information disclosed may include the names, addresses and
payroll data of employers and employees. The information
disclosed is confidential and may not be disclosed by the
Department of Human Services or the Oregon Health Authority in a
manner that would identify an employing unit or employee except
to the extent necessary for the collection of debts as described
in this paragraph. The Department of Human Services and the
Oregon Health Authority may not disclose information received
under this paragraph to a private collection agency or use the
information for a purpose other than the collection of debts as
described in this paragraph. If the information disclosed under
this paragraph is not prepared for the use of the Employment
Department, the costs of disclosing the information shall be paid
by the Department of Human Services or the Oregon Health
Authority. + }
{ - (o) - } { + (p) + } Disclose to any person
establishment level information secured pursuant to this chapter
from federal, state and local government employing units. If the
information disclosed under this paragraph is not prepared for
the use of the Employment Department, the costs of disclosing the
information shall be paid by the party requesting the
information.
{ - (p) - } { + (q) + } Disclose to any person the
industrial classification code assigned to an employing unit. If
the information disclosed under this paragraph is not prepared
for the use of the Employment Department, the costs of disclosing
the information shall be paid by the party requesting the
information.
(5) Any officer appointed by or any employee of the Director of
the Employment Department who discloses confidential information,
except with the authority of the director, pursuant to rules or
as otherwise required by law, may be disqualified from holding
any appointment or employment with the Employment Department.
(6) Any person or any officer or employee of an entity to whom
information is disclosed by the Employment Department under this
section who divulges or uses the information for any purpose
other than that specified in the provision of law or agreement
authorizing the use or disclosure may be disqualified from
performing any service under contract or disqualified from
holding any appointment or employment with the state agency that
engaged or employed that person, officer or employee. The
Employment Department may immediately cancel or modify any
information sharing agreement with an entity when a person or an
officer or employee of that entity discloses confidential
information, other than as specified in law or agreement.
Enrolled House Bill 2060 (HB 2060-INTRO) Page 6
SECTION 2. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by House February 14, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 5, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2060 (HB 2060-INTRO) Page 7
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2060 (HB 2060-INTRO) Page 8
