Bill Text: OR HB3360 | 2011 | Regular Session | Engrossed

---

Bill Title: Relating to vacant positions in state agencies.

Sponsorship: Strong Partisan Bill (Republican 13-1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3360 Detail]

Download: Oregon-2011-HB3360-Engrossed.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3262

                           A-Engrossed

                         House Bill 3360
                  Ordered by the House April 4
            Including House Amendments dated April 4

Sponsored by Representatives WHISNANT, JENSON, HOLVEY;
  Representatives CAMERON, CONGER, ESQUIVEL, FREEMAN, GILLIAM,
  HUFFMAN, KENNEMER, MCLANE, G SMITH, THOMPSON, WINGARD

                             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.

  Requires state agency to report to Director of Oregon
Department of Administrative Services when   { - full-time
equivalent - }  { +  any + } budgeted position is vacant for six
months. Eliminates vacant position if director determines { + ,
after state agency has opportunity to submit specific and valid
reasons for retaining position, + } that insufficient reasons
exist for retaining position.
  { - Requires adjustment in agency budget. - }  Instructs
director to report each quarter on actions taken to President of
Senate, Speaker of House of Representatives and members of
Legislative Assembly.

                        A BILL FOR AN ACT
Relating to vacant positions in state agencies; amending ORS
  291.263.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 291.263 is amended to read:
  291.263. (1) As used in this section, 'state agency '
  { - includes any state officer, department, board, commission
or court, the Legislative Assembly, its committees, officers and
employees. - }   { + or 'agency' means every state officer,
board, commission, department, institution, branch or agency of
the state government, the costs of which are paid wholly or in
part from funds held in the State Treasury, except:
  (a) The Legislative Assembly and the courts, and their officers
and committees;
  (b) The Public Defense Services Commission; and
  (c) The Secretary of State and the State Treasurer in the
performance of the duties of their constitutional offices. + }
  (2) { + (a) + } A state agency shall inform the  { + Director
of + }  { + the + } Oregon Department of Administrative Services
of any   { - position - }   { + budgeted position in the
agency + } that has remained vacant for a continuous period of
six months by including a report on the position in the estimate
submitted to the   { - department - }   { + Oregon Department of
Administrative Services  + }under ORS 291.242. The department may
consider the vacancy in its determinations under ORS 291.244 and
may reduce the amount allotted to the state agency.
   { +  (b) If a state agency wants to retain an unfilled
position included in the estimate submitted to the department
under ORS 291.242, the agency shall give the director specific
and valid reasons for retaining the position.
  (c) If the director determines that the reasons given by the
agency are insufficient, the director shall inform the agency of
why the reasons for retaining the position submitted by the
agency are insufficient and the agency may not fill the position.
  (3) The director shall report each quarter on actions taken
under this section to the President of the Senate, the Speaker of
the House of Representatives, the Legislative Assembly in the
manner provided under ORS 192.245 and the Legislative Fiscal
Office.
  (4) An agency that has been prohibited from filling a vacant
position under subsection (2) of this section may include a
request to fill the position in the agency budget submitted for
consideration during the legislative budgeting process of a
regular or special session of the Legislative Assembly. + }
                         ----------