Bill Text: OR HB3165 | 2013 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the ratio of state agency public employees to supervisory employees; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-08-14 - Chapter 748, (2013 Laws): Effective date August 14, 2013. [HB3165 Detail]
Download: Oregon-2013-HB3165-Engrossed.html
Bill Title: Relating to the ratio of state agency public employees to supervisory employees; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-08-14 - Chapter 748, (2013 Laws): Effective date August 14, 2013. [HB3165 Detail]
Download: Oregon-2013-HB3165-Engrossed.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 2632 A-Engrossed House Bill 3165 Ordered by the House April 23 Including House Amendments dated April 23 Sponsored by COMMITTEE ON CONSUMER PROTECTION AND GOVERNMENT EFFICIENCY 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. Specifies circumstances under which Director of Oregon Department of Administrative Services may grant exception to requirement that state agencies achieve ratio of at least 11 to 1 of nonsupervisory employees to supervisory employees. Allows exceptions { + for unique or emergency circumstances, including exceptions + } for particular position when necessary to maintain public safety or for unit of state agency when necessary to maintain public safety or because of geographic location of unit. Repeals requirement that Oregon Department of Administrative Services develop plan for state agencies to attain ratio of nonsupervisory employees to supervisory employees. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to the ratio of state agency public employees to supervisory employees; amending section 1, chapter 101, Oregon Laws 2012; repealing ORS 291.229; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. Section 1, chapter 101, Oregon Laws 2012, is amended to read: { + Sec. 1. + } (1) { - Notwithstanding ORS 291.229, - } A state agency that employs more than 100 employees and has not, by { - the effective date of this 2012 Act - } { + April 11, 2012 + }, attained a ratio of at least 11 to 1 of employees of the state agency who are not supervisory employees to supervisory employees: (a) May not fill the position of a supervisory employee until the agency has increased the agency's ratio of employees to supervisory employees so that the ratio is at least one additional employee to supervisory employees; and (b) Shall, not later than October 31, 2012, lay off or reclassify the number of supervisory employees necessary to attain the increase in the ratio specified in paragraph (a) of this subsection if the increase in that ratio is not attained under paragraph (a) of this subsection or through attrition. (2) { - Notwithstanding ORS 291.229, - } A state agency that employs more than 100 employees and has complied with the requirements of subsection (1) of this section, but has not attained a ratio of at least 11 to 1 of employees of the state agency who are not supervisory employees to supervisory employees: (a) May not fill the position of a supervisory employee until the agency has increased the agency's ratio of employees to supervisory employees by at least one additional employee; and (b) Not later than October 31 of each subsequent year, shall lay off or reclassify the number of supervisory employees necessary to increase the agency's ratio of employees to supervisory employees so that the ratio is at least one additional employee to supervisory employees. (3) Layoffs or reclassifications required under this section must be made in accordance with the terms of any applicable collective bargaining agreement. A supervisory employee who is reclassified into a classified position pursuant to this section shall be compensated in the salary range for the classified position unless otherwise provided by an applicable collective bargaining agreement. (4) Upon application from a state agency, the { + Director of the + } Oregon Department of Administrative Services may grant a state agency an exception from the requirements of subsections (1) to (3) of this section { - if the department determines that the exception is warranted due to unique or emergency circumstances. - } { + if the director determines that the exception is warranted due to unique or emergency circumstances. The director may grant an exception under this section that: (a) Applies to a particular position if the director determines the exception is necessary to allow the state agency to maintain public or state agency employee safety; or (b) Applies to a division, unit, office, branch or other smaller part of the state agency if the director determines the exception is necessary to allow the state agency to maintain public or state agency employee safety or because of the geographic location of the division, unit, office, branch or other smaller part of the state agency. (5) Not later than five business days before the director proposes to grant an exception under this section, the director shall notify each collective bargaining agent of the public or state agency employees in the appropriate bargaining unit for the state agency requesting an exception. (6) + }The department shall report all exceptions granted under this subsection to the Joint Committee on Ways and Means, the Joint Interim Committee on Ways and Means or the Emergency Board. { - (5) - } { + (7) + } As used in this section: (a)(A) 'State agency' means all state officers, boards, commissions, departments, institutions, branches, agencies, divisions and other entities, without regard to the designation given to those entities, that are within the executive department of government as described in { - section 1, - } Article III { + , section 1, + } of the Oregon Constitution. (B) 'State agency' does not include: (i) The legislative department as defined in ORS 174.114; (ii) The judicial department as defined in ORS 174.113; (iii) The Public Defense Services Commission; (iv) The Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices; (v) Semi-independent state agencies listed in ORS 182.454; (vi) The Oregon Tourism Commission; (vii) The Oregon Film and Video Office; (viii) The Oregon University System; (ix) The Oregon Health and Science University; (x) The Travel Information Council; (xi) Oregon Corrections Enterprises; (xii) The Oregon State Lottery Commission; (xiii) The State Accident Insurance Fund Corporation; (xiv) The Oregon Health Insurance Exchange Corporation; (xv) The Oregon Utility Notification Center; (xvi) Oregon Community Power; (xvii) The Citizens' Utility Board; (xviii) A special government body as defined in ORS 174.117; (xix) Any other public corporation created under a statute of this state and specifically designated as a public corporation; and (xx) Any other semi-independent state agency denominated by statute as a semi-independent state agency. (b) 'Supervisory employee' has the meaning given that term in ORS 243.650. SECTION 2. { + ORS 291.229 is repealed. + } SECTION 3. { + 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. + } ----------