72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3475
B-Engrossed
House Bill 3601
Ordered by the Senate May 21
Including House Amendments dated April 14 and Senate Amendments
dated May 21
Sponsored by Representative P SMITH; Representatives HUNT,
NELSON, Senator BEYER (at the request of Michael Mitchell)
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.
Establishes rights of persons called into active state
service { + and persons absent on military leave + }.
Declares emergency, effective on passage.
A BILL FOR AN ACT
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. + }
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