Bill Text: OR HB4131 | 2012 | Regular Session | Engrossed

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

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Bill Title: Relating to ratio of state agency public employees to supervisory employees; and declaring an emergency.

Spectrum: Strong Partisan Bill (Democrat 20-2)

Status: (Passed) 2012-04-11 - Chapter 101, (2012 Laws): Effective date April 11, 2012. [HB4131 Detail]

Download: Oregon-2012-HB4131-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 200

                           B-Engrossed

                         House Bill 4131
                Ordered by the House February 29
   Including House Amendments dated February 9 and February 29

Sponsored by Representative DEMBROW; Representatives BAILEY,
  BUCKLEY, DOHERTY, HARKER, HOYLE, HUNT, KOMP, KOTEK, MATTHEWS,
  READ, SCHAUFLER, SHEEHAN, J SMITH, WHISNANT, WITT, Senators
  DINGFELDER, MONNES ANDERSON (Presession filed.)

                             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.

  For state agencies with more than 100 employees and with ratio
of less than 11 to 1 of   { - public - }   { + nonsupervisory + }
employees to supervisory employees   { - and managerial employees
acting in supervisory capacity - } , restricts hiring and
requires layoffs or reclassifications of supervisory   { - or
managerial - }  employees for purpose of attaining certain
ratio. { +  Exempts certain agencies.  Modifies statute requiring
Oregon Department of Administrative Services to develop plan to
attain 11 to 1 ratio. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to ratio of state agency public employees to supervisory
  employees; creating new provisions; amending ORS 291.229; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 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, 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 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 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) 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 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 amended to read:
  291.229. (1) The Oregon Department of Administrative Services
shall develop a plan for   { - agencies of state government - }
 { + state agencies + } that employ more than 100 employees to
attain a ratio of 11 to 1 of   { - public - }  employees  { + of
state agencies who are not supervisory employees + } to
supervisory employees   { - and managerial employees acting in a
supervisory capacity - } . 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)  { - (a) - }  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. + }
    { - (b) The report required under this subsection shall also
include: - }
    { - (A) the ratio of public employees to supervisory
employees; - }
    { - (B) The ratio of public employees to managerial
employees; and - }
    { - (C) The number of positions authorized for managerial
employees who do not act in a supervisory capacity and a
description of the duties assigned to those positions. - }
  (3) 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) 'Managerial employee' has the meaning given that term
in ORS 243.650. - }
    { - (c) 'Public employee' has the meaning given that term in
ORS 243.650. - }
    { - (d) 'State government' means every state officer, board,
commission, department, institution, branch or agency whose costs
are paid wholly or in part from funds held in the State
Treasury. - }
    { - (e) 'Supervisory employee' has the meaning given that
term in ORS 243.650. - }
   { +  (b)(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 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 3.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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