Bill Text: OR HB3481 | 2013 | Regular Session | Introduced
Bill Title: Relating to disclosures of information used to determine a prevailing rate of wage; declaring an emergency.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3481 Detail]
Download: Oregon-2013-HB3481-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3886
House Bill 3481
Sponsored by Representative GOMBERG; Representatives DEMBROW,
FREDERICK, GALLEGOS, REARDON, TOMEI, WITT, Senator ROBLAN
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.
Requires Commissioner of Bureau of Labor and Industries to
disclose data and information commissioner uses to determine
prevailing rate of wage. Prohibits commissioner from disclosing
information that would personally identify individual or entity
that provides data or information.
Permits Employment Department to disclose data and information
that department supplies to commissioner. Prohibits department
from disclosing information that would personally identify
individual or entity that provides data or information.
Becomes operative January 1, 2014.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to disclosures of information used to determine a
prevailing rate of wage; creating new provisions; amending ORS
279C.815, 657.665 and 657.734; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279C.815 is amended to read:
279C.815. (1) As used in this section, 'person' means an
employer, a labor organization or an official representative of
an employee or employer association.
(2)(a) The Commissioner of the Bureau of Labor and Industries
at least once each year shall determine the prevailing rate of
wage for workers in each trade or occupation in each locality
described in ORS 279C.800 by means of an independent wage survey
and shall make this information available at least twice each
year. The commissioner may amend the rate at any time.
(b) If the data derived only from the survey described in
paragraph (a) of this subsection appear to the commissioner to be
insufficient to determine the prevailing rate of wage, the
commissioner shall consider additional information such as
collective bargaining agreements, other independent wage surveys
and the prevailing rates of wage determined by appropriate
federal agencies or agencies of adjoining states. If there is not
a majority in the same trade or occupation paid at the same rate,
the average rate of hourly wage, including all fringe benefits,
paid in the locality to workers in the same trade or occupation
is the prevailing rate. If the wage a contractor or subcontractor
pays to workers on a { + project for + } public works is based
on a period of time other than an hour, the { + commissioner
shall determine the + } hourly wage { - must be - }
mathematically { - determined - } by the number of hours
worked in that period of time.
(3) A person { - shall - } { + may + } make reports and
returns to the Bureau of Labor and Industries that the
commissioner requires to determine the prevailing rates of wage,
using forms the bureau provides and within the time the
commissioner prescribes. The person or an authorized
representative of the person shall certify to the accuracy of the
reports and returns.
{ - (4) Notwithstanding ORS 192.410 to 192.505, reports and
returns or other information provided to the commissioner under
this section are confidential and not available for inspection by
the public. - }
{ - (5) - } { + (4) + } The commissioner may enter into a
contract with a public or private party to obtain data and
information the commissioner needs to determine the prevailing
rate of wage. The contract may provide for the manner and extent
of the market review of affected trades and occupations and for
other requirements regarding timelines of reports, accuracy of
data and information and supervision and review as the
commissioner prescribes.
{ + (5)(a) The commissioner shall obtain from any public or
private party with which the commissioner enters into a contract
under subsection (4) of this section copies of all survey forms,
documents or records used for data entry or in collecting or
compiling data or information the commissioner uses to determine
the prevailing rate of wage.
(b) Except as provided in paragraph (c) of this subsection, any
survey form, document or record used for data entry and any other
data or information the commissioner receives or uses under this
section for the purpose of determining the prevailing rate of
wage is a public record that is not exempt from disclosure. The
commissioner shall disclose the data or information in accordance
with the procedures set forth in ORS 192.410 to 192.505.
(c) In disclosing data and information under paragraph (b) of
this subsection, the commissioner may not disclose, and shall
take affirmative measures to prevent disclosures of, names,
addresses, registration numbers, taxpayer identification numbers,
other identification numbers or other information that could
personally identify an individual or entity that provided data or
information under this section. + }
SECTION 2. 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.
(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
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
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) { + (A) + } 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 - } { + subparagraph + } is not prepared
for the use of the Employment Department, the costs of disclosing
the information shall be paid by the bureau.
{ + (B) Except as provided in this subparagraph, disclose to
any person any survey form, document or record used for data
entry and any other data or information the department collects
or compiles on behalf of the commissioner that the commissioner
requires or uses to determine the prevailing rate of wage under
ORS 279C.815. In disclosing data and information under this
subparagraph, the department may not disclose, and shall take
affirmative measures to prevent disclosures of, names, addresses,
registration numbers, taxpayer identification numbers, other
identification numbers or other information that could personally
identify an individual or entity that provided information to the
department under this subparagraph. + }
(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.
(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 Access
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
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.
(p) Disclose to the Alcohol and Drug Policy Commission
information required by the commission in evaluating and
measuring the performance of alcohol and drug prevention and
treatment programs under ORS 430.242 or the impact of the
programs on employment. The information disclosed to the
commission may include total subject wages payroll and whole
hours worked. The information disclosed under this paragraph 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 duties under ORS 430.242.
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.
(q) 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.
(r) 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.
SECTION 3. ORS 657.734 is amended to read:
657.734. (1) As used in this section:
(a) 'Public body' has the meaning given that term in ORS
192.410.
(b) 'System participant' means:
(A) Mandatory partners under the federal Workforce Investment
Act of 1998 (enacted as P.L. 105-220 and codified as 29 U.S.C.
2801 et seq.) and other one-stop system partners, which may
include public bodies and private organizations; and
(B) Public bodies and private organizations that have been
approved by the Director of the Employment Department, in
consultation with the Education and Workforce Policy Advisor, to
participate in the Performance Reporting Information System.
(2) There is established the Performance Reporting Information
System for the purpose of collecting, analyzing and sharing
statistical and demographic data for the development and
reporting of workforce system performance measures.
(3) The Performance Reporting Information System is intended to
share the data described in subsection (2) of this section, by
agreement, with all system participants.
(4) The Director of the Employment Department shall administer
and, in consultation with the Education and Workforce Policy
Advisor, oversee the development of the Performance Reporting
Information System. System participants shall be designated as
participants in the system by rule of the Employment Department,
in consultation with the Education and Workforce Policy Advisor.
A system participant shall enter into an interagency or other
applicable agreement with the director that:
(a) Establishes protocols for the collection and sharing of
data in the system;
(b) Establishes safeguards for protecting the confidentiality
of data in the system;
(c) Includes provisions regarding informed consent for sharing
information obtained from individuals; and
(d) Provides for the sharing of costs for developing and
maintaining the system.
(5)(a) All individual record information in the Performance
Reporting Information System is confidential and may not be
disclosed as a public record under the provisions of ORS 192.410
to 192.505. As administrator of the system, the director may view
all data or individual record information in the system. System
participants may not allow public access to information received
from the system that identifies a particular individual unless
required by law. System participants shall limit the disclosure
of, or refuse to disclose, aggregate or summary level information
when a small number of aggregated records or some other factor
creates a reasonable risk that the identity of individuals may be
discovered or disclosed.
(b) System participants shall provide information in a format
that encodes identifying data, including the client's Social
Security number, using a formula unique to the system
participant. In disclosing Social Security numbers to the
system, system participants shall comply with any state and
federal laws that govern the collection and use of Social
Security numbers by the system participant and any additional
requirements specified by the director, in consultation with the
Education and Workforce Policy Advisor, that are included in the
agreement entered into under subsection (4) of this section.
(6) The information in the Performance Reporting Information
System is not a public record for purposes of ORS 192.410 to
192.505. For purposes of ORS 192.410 to 192.505, the information
submitted to the system and the information received from the
system is a public record, and the custodian of such information
is the system participant that submits or receives the
information. If the system participant receiving the information
is not a public body, the department shall keep a copy of the
system information sent to that system participant and shall be
the custodian of that copy for purposes of ORS 192.410 to
192.505. As custodian, the department shall limit the disclosure
of, or refuse to disclose, aggregate or summary level information
when a small number of aggregated records or some other factor
creates a reasonable risk that the identity of individuals may be
discovered or disclosed. The department shall refer all other
requests for disclosure of system information to the public body
that is the custodian of the information.
(7) The department may charge a reasonable fee under ORS
192.440 for the disclosure of reports containing only aggregate
data to individuals, public bodies or private organizations.
(8) If a system participant prepares or acquires a record that
is confidential under federal or state law, including ORS 192.502
(2), the system participant does not violate state
confidentiality laws by providing the information described in
this section to the Performance Reporting Information System.
Notwithstanding the provisions of ORS { - 279C.815 (4), - }
279C.850 (3), 657.665 and 660.339, the Bureau of Labor and
Industries, the Department of Community Colleges and Workforce
Development and the Employment Department are authorized to
provide information to the system.
(9) Any individual who, without proper authority, discloses
confidential information under this section may be disqualified
from holding any appointment or employment with the State of
Oregon. The department shall adopt by rule procedures to prevent
disclosure of confidential information submitted to the
Performance Reporting Information System.
SECTION 4. { + (1) The amendments to ORS 279C.815, 657.665 and
657.734 by sections 1 to 3 of this 2013 Act become operative on
January 1, 2014.
(2) The Commissioner of the Bureau of Labor and Industries or
the Director of the Employment Department may take any action
before the operative date specified in subsection (1) of this
section that is necessary to enable the commissioner or the
director to exercise, on and after the operative date specified
in subsection (1) of this section, all of the duties, functions
and powers conferred on the commissioner or the director by the
amendments to ORS 279C.815, 657.665 and 657.734 by sections 1 to
3 of this 2013 Act. + }
SECTION 5. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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