71st OREGON LEGISLATIVE ASSEMBLY--2001 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 3583
 
                         House Bill 3434
 
Sponsored by Representative BARNHART; Representatives ACKERMAN,
  BATES, GARDNER, HANSEN, LEONARD, MARCH, MERKLEY, MORRISETTE,
  RINGO, V WALKER, WIRTH
 
 
                             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.
 
  Increases minimum wage rate by $1 each year until rate reaches
living wage, then directs Commissioner of Bureau of Labor and
Industries to adjust rate annually based on change in Portland
Consumer Price Index. Directs Director of Employment Department
to prepare annual report including computation of living wage for
one person working 40 hours a week.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to minimum wage rate; creating new provisions; amending
  ORS 653.025 and 653.040; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 653.025 is amended to read:
  653.025.  { + (1) + } Except as provided by ORS 652.020 and the
rules of the Commissioner of the Bureau of Labor and Industries
issued under ORS 653.030 and 653.261, for each hour of work time
that the employee is gainfully employed,   { - no - }
 { + an + } employer   { - shall - }   { + may not + } employ or
agree to employ any employee at wages computed at a rate lower
than:
    { - (1) - }   { + (a) + } For calendar year   { - 1997,
$5.50 - }  { +  2002, $7.50 + }.
    { - (2) - }   { + (b) + } For calendar year   { - 1998,
$6.00 - }  { +  2003, $8.50 + }.
    { - (3) - }   { + (c) + } For calendar years after December
31,   { - 1998, $6.50 - }  { +  2003, $1 more each year than the
minimum wage rate for the previous year until the minimum wage
rate reaches the living wage determined under section 2 of this
2001 Act + }.
 
  { - If any part of this statute is held to be unconstitutional
under the federal or state constitution, the remaining parts
shall not be affected, and shall remain in full force and
effect. - }
   { +  (2)(a) Once the minimum wage rate computed under
subsection (1) of this section reaches the living wage rate
determined under section 2 of this 2001 Act, no later than
September 30 of each year, the commissioner shall adjust the
minimum wage rate based upon the change in the Portland Consumer
Price Index for All Urban Consumers for All Items as prepared by
the Bureau of Labor Statistics of the United States Department of
Labor or its successor during the preceding 12-month period.
  (b) The wage amount determined under this subsection shall:
  (A) Be rounded to the nearest five cents; and
  (B) Become effective on January 1 of the following year. + }
  SECTION 2.  { + The Director of the Employment Department shall
issue a report on or before August 30 of each year, beginning in
2002 and until August 30, 2006, that includes a computation of a
living wage in Oregon for a person working 40 hours a week. The
report shall include:
  (1) A computation of base line data of the cost of living in
Oregon and the current wage levels within various sectors of the
economy;
  (2) A basic needs budget for one person working 40 hours a
week. As used in this subsection, 'basic needs budget' means a
calculation of the amount of money needed by one person to
maintain a decent standard of living in Oregon, using current
state and federal data sources for determining such basic monthly
expenses as food, housing, transportation, child care, utilities,
personal expenses and health care;
  (3) A review of current state wage distributions; and
  (4) Changes in the federal minimum wage and in the minimum wage
rates of surrounding and comparable states. + }
  SECTION 3. ORS 653.040 is amended to read:
  653.040. The Commissioner of the Bureau of Labor and
Industries, in addition to the commissioner's other powers, may:
  (1) Investigate and ascertain the wages of persons employed in
any occupation or place of employment in the state.
  (2) Require from an employer statements, including sworn
statements, with respect to wages, hours, names and addresses and
such other information pertaining to the employer's employees or
their employment as the commissioner considers necessary to carry
out ORS 653.010 to 653.261.
  (3) Make such rules as the commissioner considers appropriate
to carry out the purposes of ORS 653.010 to 653.261, or necessary
to prevent the circumvention or evasion of ORS 653.010 to 653.261
and to  { + establish and + } safeguard the minimum wage rates
 { - set - }  { +  provided for + } under ORS 653.010 to 653.261.
  SECTION 4.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
                         ----------