Chapter 387 Oregon Laws 2003

AN ACT

HB 3601

Relating to active members of military; creating new provisions; amending ORS 399.230, 399.235 and 408.240; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS chapter 90.

SECTION 2. (1) As used in this section, “state service member” means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 90 or more consecutive days.

(2) A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is a state service member.

(3) A termination of a rental agreement under this section is effective the earlier of:

(a) Thirty days after the date the next rental payment is due; or

(b) On the last day of the month after the month in which written notice is given.

(4) Notwithstanding ORS 90.300 (5)(a), 90.302 (3)(d) and 90.430, a tenant who terminates a lease under subsection (2) of this section is not:

(a) Subject to a penalty, fee, charge or loss of deposit because of the termination; or

(b) Liable for any rent beyond the effective date of the termination as determined under subsection (3) of this section.

SECTION 3. Section 2 of this 2003 Act applies to rental agreements entered into, extended or renewed on or after the effective date of this 2003 Act.

SECTION 4. (1) As used in this section:

(a) “Interest” includes service charges, renewal fees or other charges or fees associated with an obligation or liability.

(b) “State service member” means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 30 or more consecutive days.

(2) Notwithstanding ORS 82.010, 83.095, 708A.255, 722.354, 723.502, 723.730 and 725.340, an obligation or liability bearing interest at a rate in excess of six percent per year incurred by a state service member before being called into active service may not, during any part of the period of active service, bear interest in excess of six percent per year except by court order.

(3) The state service member shall provide written notice to the creditor requesting that the rate of interest be reduced to six percent per year and shall include proof of the official orders showing that the state service member is being called into active service of the state by the Governor under ORS 399.065 (1).

(4) A creditor that receives a request under subsection (3) of this section to reduce a rate of interest may apply to the court for a determination that the ability of a state service member to pay interest on an obligation or liability at a rate in excess of six percent per year is not materially affected because of the active service of the member. If a court determines that the ability of a state service member to pay interest on an obligation or liability at a rate in excess of six percent per year is not materially affected because of the active service of the member, the court may order an interest rate that is just.

(5) A creditor must recompute the payment schedule to amortize the balance of the obligation or liability over the remainder of the obligation or liability at a rate of interest determined under subsection (2) or (4) of this section.

SECTION 5. Section 4 of this 2003 Act applies to state service members who enter active service of the state on or after the effective date of this 2003 Act.

SECTION 6. Section 7 of this 2003 Act is added to and made a part of ORS 105.105 to 105.168.

SECTION 7. (1) As used in this section, “state service member” means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 30 or more consecutive days.

(2) In an action pursuant to ORS 105.110, the court may stay the eviction of the defendant for up to 90 days if:

(a) The defendant is a state service member;

(b) The agreed-upon rent does not exceed $1,200 per month; and

(c) The premises are occupied chiefly for dwelling purposes by the spouse, children or other dependents of the defendant.

(3) If the defendant requests a stay of the eviction for up to 90 days and the defendant can prove that the ability of the defendant to pay the agreed-upon rent is materially affected by being called into active service, the court may grant the stay of the eviction.

SECTION 8. Section 7 of this 2003 Act applies to actions for the recovery of the possession of the premises filed on or after the effective date of this 2003 Act.

SECTION 9. (1) As used in this section, “state service member” means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 30 or more consecutive days.

(2) A state service member may, while in active service or within six months after that service ends, apply to a court:

(a) For relief with respect to any obligation or liability incurred by the member before the period of active state service began. The court, after appropriate notice and hearing, may grant relief unless the court determines that the ability of the member to comply with the terms of the obligation or liability has not been materially affected by active state service.

(b) For a stay of a civil judicial proceeding in which the state service member is a party. The court, after appropriate notice, shall grant the stay unless the court determines that the ability of the state service member to represent the interests of the state service member are not materially affected by active state service.

(3) The court may not charge or collect any fee from a state service member who applies to the court for relief under this section.

(4) An application filed under this section may not be deemed as consent to the jurisdiction of any court of this state.

SECTION 10. Section 9 of this 2003 Act applies to state service members who enter active service of the state on or after the effective date of this 2003 Act.

SECTION 11. ORS 399.230, as amended by section 2, chapter 72, Oregon Laws 2003 (Enrolled Senate Bill 9), is amended to read:

399.230. (1) When an employee who is a member of the organized militia of this state is called into active service of the state by the Governor under ORS 399.065 (1), the employee shall be granted a leave of absence by the employer of the employee until release from such active service permits the employee to resume the duties of employment.

(2) The regular employment position of an employee on a leave of absence for active service of the state under this section shall be considered vacant only for the period of the leave of absence. The employee [shall] is not [be] subject to removal or discharge from such position as a consequence of the leave of absence.

(3) Upon the termination of the leave of absence for active service of the state, an employee shall be restored to the employee’s position or an equivalent position by the employer without loss of seniority, vacation credits, sick leave credits, service credits under a pension plan or any other employee benefit or right which had been earned at the time of the leave of absence.

(4) An employer is not required to pay wages or other monetary compensation to an employee during a leave of absence required under subsection (1) of this section.

(5) Notwithstanding subsection (4) of this section:

(a) The State of Oregon shall [provide] continue coverage under an employer-sponsored health plan to an employee of the State of Oregon and any other individual provided coverage under the employee’s plan on the day before the date the employee goes on leave for a period not exceeding a total of 12 months during a leave of absence required under subsection (1) of this section.

(b) An employer other than the State of Oregon may [provide] continue coverage under an employer-sponsored health plan to an employee and any other individual provided coverage under the employee’s plan on the day before the date the employee goes on leave during a leave of absence required under subsection (1) of this section.

(6)(a) Notwithstanding subsection (4) of this section, the State of Oregon, a county, a municipality or other political subdivision of this state may establish and administer a donated leave program that:

(A) Allows an employee who is on a leave of absence required under subsection (1) of this section to receive donated leave; and

(B) Allows an employee to voluntarily donate vacation time to an eligible employee on a leave of absence required under subsection (1) of this section.

(b) An employee who is on a leave of absence required under subsection (1) of this section and who receives donated leave under paragraph (a) of this subsection may receive an amount of donated leave that supplements any compensation received as a member of the organized militia, but may not receive more than the amount the employee was earning in base salary on the date the employee began the leave of absence.

[(6)] (7) As used in this section:

(a) “Employee” means any individual, other than a copartner of the employer or an independent contractor, who renders personal services in this state to an employer who pays or agrees to pay wages or other compensation to the individual for those services.

(b) “Employer” means any person who employs one or more employees in this state. The term includes the State of Oregon or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter, but does not include the federal government.

SECTION 12. ORS 399.235 is amended to read:

399.235. (1) Any violation of ORS 399.230 (1) to (3) by an employer is an unlawful employment practice.

(2) Complaints alleging a violation of ORS 399.230 (1) to (3) may be filed by employees with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. The commissioner shall enforce ORS 399.230 in the manner provided in ORS chapter 659A [for the enforcement of] regarding other unlawful employment practices.

(3) Violation of ORS 399.230 (1) to (3) subjects the violator to the same civil remedies and penalties as provided in ORS chapter 659A.

SECTION 13. The amendments to ORS 399.230 and 399.235 by sections 11 and 12 of this 2003 Act apply to employees on a leave of absence for active service of the state on or after the effective date of this 2003 Act.

SECTION 14. ORS 408.240, as amended by section 1, chapter 72, Oregon Laws 2003 (Enrolled Senate Bill 9), is amended to read:

408.240. (1) Whenever any public officer or employee leaves a position, whether voluntarily or involuntarily, in order to perform military duty, such office or position [shall] may not become vacant, nor shall the officer or employee be subject to removal as a consequence thereof. Unless the officer or employee dies, resigns or is relieved or discharged from such duty under other than honorable conditions, during the term for which the officer or employee was elected, appointed or employed, such officer or employee shall be deemed absent on leave until release from such active service has permitted the officer or employee to resume the duties of the office or position. While so absent on leave, the officer or employee [shall] may not receive the pay or other emolument of such office or position, nor become liable, as such officer or employee, on an official bond or otherwise, for the acts or omissions of any other person.

(2) Subsection (1) of this section does not apply unless the officer or employee, upon the termination of such military duty, is qualified to perform the duties of such position, and makes application within 90 days after the officer or employee is relieved from such military duty, or from hospitalization continuing after discharge for a period of not more than one year. If the officer or employee is not qualified to perform the duties of such position by reason of such service, but is qualified to perform the duties of any other public position, the officer or employee shall be restored to such other position, the duties of which the officer or employee is qualified to perform, as will provide the officer or employee like seniority, status and pay, or the nearest approximation thereof, consistent with the circumstances in the case.

(3) Except as otherwise provided in this subsection, subsection (1) of this section does not apply if the total of such military duty exceeds five years. Subsection (1) of this section is applicable with regard to military duty that exceeds five years if the period of additional duty was imposed by law or resulted from inability of the officer or employee to obtain orders relieving the officer or employee from active duty.

(4) Notwithstanding subsection (1) of this section:

(a) The State of Oregon shall [provide] continue coverage under an employer-sponsored health plan to a public officer or employee of the State of Oregon and any other individual provided coverage under the officer’s or employee’s plan on the day before the date the officer or employee goes on leave for a period not exceeding a total of 12 months while the public officer or employee is absent on leave.

(b) An employer other than the State of Oregon may provide coverage under an employer-sponsored health plan to an officer or employee [while] and any other individual provided coverage under the officer’s or employee’s plan on the day before the date the officer or employee goes on leave for the period during which the officer or employee is absent on leave.

(5)(a) Notwithstanding subsection (1) of this section, the State of Oregon, a county, a municipality or other political subdivision of the state may establish and administer a donated leave program that:

(A) Allows an officer or employee who is absent on leave to receive donated leave; and

(B) Allows an officer or employee to voluntarily donate vacation time to an eligible officer or employee who is absent on leave.

(b) An officer or employee who is absent on leave and who receives donated leave under paragraph (a) of this subsection may receive an amount of donated leave that supplements any compensation received for performing military duty, but may not receive more than the amount of base salary the officer or employee was earning on the date the officer or employee began the leave of absence.

(c) This subsection does not apply to a leave of absence under ORS 408.290.

SECTION 15. The amendments to ORS 408.240 by section 14 of this 2003 Act apply to officers or employees who are absent on leave on or after the effective date of this 2003 Act.

SECTION 16. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor June 16, 2003

Filed in the office of Secretary of State June 16, 2003

Effective date June 16, 2003

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