Bill Text: OR HB3539 | 2011 | Regular Session | Introduced

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Bill Title: Relating to payment to school district employees; declaring an emergency.

Spectrum: Moderate Partisan Bill (Republican 10-2)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3539 Detail]

Download: Oregon-2011-HB3539-Introduced.html

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     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 3452

                         House Bill 3539

Sponsored by Representatives HARKER, JOHNSON; Representatives
  BREWER, ESQUIVEL, HUFFMAN, OLSON, SHEEHAN, SPRENGER, Senators
  ATKINSON, MONROE, MORSE, THOMSEN

                             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.

  Provides for establishment of percentage by which district
school board shall annually increase total amount of moneys used
to pay for salary and benefits of employees under collective
bargaining agreement. Provides exceptions.
  Applies to collective bargaining agreements entered into on or
after January 1, 2012.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to payment to school district employees; creating new
  provisions; amending ORS 332.075; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) For each fiscal year, the Department of
Education shall establish the percentage by which a district
school board shall annually increase the total amount of moneys
used to pay for the salary and benefits of the employees of a
school district who are employed under a collective bargaining
agreement. The district school board shall use the percentage as
described in ORS 332.075.
  (2) For the purpose of establishing the percentage under
subsection (1) of this section, the department shall:
  (a) Calculate the percentage by which the total amount of
moneys available for distribution from the State School Fund for
the fiscal year increased as compared to the greatest total
amount of moneys that were available for distribution for a
fiscal year from the State School Fund during the previous
biennium;
  (b) If necessary, adjust the percentage calculated under
paragraph (a) of this section as follows:
  (A) If the percentage exceeds five percent, reduce the
percentage to five percent; and
  (B) If the total amount of moneys available for distribution
from the State School Fund for the fiscal year did not increase,
establish the percentage at zero percent; and
  (c) Use the percentage calculated under paragraph (a) of this
subsection after making any adjustments required under paragraph
(b) of this subsection.
  (3) The State Board of Education may adopt any rules necessary
for the implementation of this section. + }
  SECTION 2. ORS 332.075 is amended to read:
  332.075. (1) Any district school board may:
  (a) Fix the days of the year and the hours of the day when
schools shall be in session.
  (b) Adopt textbooks and other instructional materials as
provided in ORS 337.120 and 337.141 and courses of study for the
use of such schools as provided in ORS 336.035.
  (c) Authorize the use of the schools for purposes of training
students of an approved teacher education institution, as defined
in ORS 342.120, and for such purposes may enter into contracts
with the approved teacher education institutions on such terms as
may be agreed upon. Such contracts as they relate to student
teachers shall have the same effect and be subject to the same
regulations as a contract between a licensed teacher and a
district school board.
  (d) Develop and operate with other school districts or
community college districts secondary career and technical
education programs for pupils of more than one district and fix
by agreement the duration of the district's obligation to
continue such activity, subject to the availability of funds
therefor.
  (e) Authorize the school district to be a member of and pay
fees, if any, to any voluntary organization, approved under ORS
339.430, that administers interscholastic activities or that
facilitates the scheduling and programming of interscholastic
activities.
  (f) Accept money or property donated for the use or benefit of
the school district and, consistent with the laws of this state,
use such money or property for the purpose for which it was
donated.
  (2) All contracts of the school district must be approved by
the district school board before an order can be drawn for
payment. If a contract is made without the authority of the
district school board, the individual making such contract shall
be personally liable.
  (3) Notwithstanding subsection (2) of this section, a district
school board may, by resolution or policy, authorize its
superintendent or the superintendent's designee to enter into and
approve payment on contracts for products, materials, supplies,
capital outlay, equipment and services that are within
appropriations made by the district school board pursuant to ORS
294.435. A district school board may not authorize its
superintendent or the superintendent's designee under this
subsection to enter into and approve payment on contracts that
are collective bargaining agreements or service contracts that
include the provision of labor performed by employees of the
school district.
   { +  (4)(a) Except as provided by paragraph (b) of this
subsection, a district school board may not agree under a
collective bargaining agreement to an annual increase in the
total amount of moneys used to pay for the salary and benefits of
an employee of the school district that exceeds the percentage
established by the Department of Education under section 1 of
this 2011 Act.
  (b) Nothing in this subsection:
  (A) Prevents a school district from providing a salary increase
under a merit pay system or as the result of a promotion or
change in duties.
  (B) Requires the total cost of salary and benefits paid to an
employee of a school district to be decreased from the previous
fiscal year.
  (C) Prevents the parties to a collective bargaining agreement
from entering into a written agreement, as part of the collective
bargaining process, to provide for the reopening of any sections
of the collective bargaining agreement related to salary and
benefits. Refusal by either party to reopen sections related to
salary and benefits is not grounds for third party interpretation
or resolution. The reopening of sections as provided by this
subparagraph does not compel either party to agree to a proposal
or require the making of a concession. + }
  SECTION 3.  { + (1) The amendments to ORS 332.075 by section 2
of this 2011 Act become operative January 1, 2012.
  (2) The amendments to ORS 332.075 by section 2 of this 2011 Act
first apply to collective bargaining agreements entered into on
or after January 1, 2012. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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