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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

                           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. + }
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