Bill Text: OR HB3165 | 2013 | Regular Session | Engrossed

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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

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     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

                           B-Engrossed

                         House Bill 3165
                  Ordered by the House June 27
      Including House Amendments dated April 23 and June 27

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. - }
   { +  Allows exceptions for particular position when necessary
to maintain public safety, and for unit of state agency when
necessary to maintain public safety or because of geographic
location of unit. Allows exception when state agency has
supervisory employees exercising authority over personnel who are
not employees of state agency, state agency has significant
number of part-time or seasonal employees or state agency has
unique personnel need.
  Requires Oregon Department of Administrative Services to report
to Joint Committee on Ways and Means on actions taken by 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 ORS 291.229 and section 1,
  chapter 101, Oregon Laws 2012; 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 - } .   { +  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;
  (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; or
  (c) The director determines is warranted because the state
agency has supervisory employees exercising authority over
personnel who are not employees of the state agency, the state
agency has a significant number of part-time or seasonal
employees or the state agency has another unique personnel need.
  (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, as amended by section 2, chapter 101,
Oregon Laws 2012, is amended to read:
  291.229.   { - (1) The Oregon Department of Administrative
Services shall develop a plan for state agencies that employ more
than 100 employees to attain a ratio of 11 to 1 of employees of
state agencies who are not supervisory employees to supervisory
employees. The plan shall be used to develop the legislatively
adopted budget and may provide for a transition to the ratio
specified in this subsection during a period lasting more than
one biennium. - }
    { - (2) As part of the development of the legislatively
adopted budget, during each odd-numbered year regular session of
the Legislative Assembly, the department shall report on the plan
developed under subsection (1) of this section to the Joint
Committee on Ways and Means. The report shall include the ratio
of employees of state agencies who are not supervisory employees
to supervisory employees. - }
   { +  (1) As part of the development of the legislatively
adopted budget in each odd-numbered year regular session of the
Legislative Assembly, the Oregon Department of Administrative
Services shall make a report to the Joint Committee on Ways and
Means on the actions taken by state agencies during the previous
biennium to attain a ratio of at least 11 nonsupervisory
employees to every supervisory employee, as defined in ORS
243.650. + }
    { - (3) - }  { +  (2) + } As used in this section:
    { - (a) 'Legislatively adopted budget' means the budget
enacted by the Legislative Assembly during an odd-numbered year
regular session. - }
    { - (b)(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) - }  { +  (b) + } 'State agency' does not include:
    { - (i) - }  { +  (A) + } The legislative department as
defined in ORS 174.114;
    { - (ii) - }  { +  (B) + } The judicial department as defined
in ORS 174.113;
    { - (iii) - }  { +  (C) + } The Public Defense Services
Commission;
    { - (iv) - }  { +  (D) + } The Secretary of State and the
State Treasurer in the performance of the duties of their
constitutional offices;
    { - (v) - }  { +  (E) + } Semi-independent state agencies
listed in ORS 182.454;
    { - (vi) - }  { +  (F) + } The Oregon Tourism Commission;
    { - (vii) - }  { +  (G) + } The Oregon Film and Video Office;
    { - (viii) - }  { +  (H) + } The Oregon University System;
    { - (ix) - }  { +  (I) + } The Oregon Health and Science
University;
    { - (x) - }  { +  (J) + } The Travel Information Council;
    { - (xi) - }  { +  (K) + } Oregon Corrections Enterprises;
    { - (xii) - }  { +  (L) + } The Oregon State Lottery
Commission;
    { - (xiii) - }  { +  (M) + } The State Accident Insurance
Fund Corporation;
    { - (xiv) - }  { +  (N) + } The Oregon Health Insurance
Exchange Corporation;
    { - (xv) - }  { +  (O) + } The Oregon Utility Notification
Center;
    { - (xvi) - }  { +  (P) + } Oregon Community Power;
    { - (xvii) - }  { +  (Q) + } The Citizens' Utility Board;
    { - (xviii) - }  { +  (R) + } A special government body as
defined in ORS 174.117;
    { - (xix) - }  { +  (S) + } Any other public corporation
created under a statute of this state and specifically designated
as a public corporation; and
    { - (xx) - }  { +  (T) + } Any other semi-independent state
agency denominated by statute as a semi-independent state agency.
    { - (c) 'Supervisory employee' has the meaning given that
term in ORS 243.650. - }
  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. + }
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