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 3581
Minority Report
A-Engrossed
House Bill 3627
Ordered by the House August 15
Including House Amendments dated August 15
Sponsored by nonconcurring members of the House Committee on
Rules and Public Affairs: Representatives BARNHART, MONNES
ANDERSON
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.
{ - Prohibits state government and school districts from
executing collective bargaining agreements before funds are
appropriated for biennium that encompasses duration of
agreement. - }
{ + Requires State of Oregon to pay monetary compensation or
emoluments to employee of state who is on leave to perform
military duty if employee is subject to collective bargaining
agreement that provides for payment or emoluments under that
circumstance. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to public employee collective bargaining agreements;
creating new provisions; amending ORS 399.230 and 408.240; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 399.230, as amended by section 2, chapter 72,
Oregon Laws 2003 (Enrolled Senate Bill 9), and section 11,
chapter 387, Oregon Laws 2003 (Enrolled House Bill 3601), 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 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 is not 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 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 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.
{ + (7) Notwithstanding subsection (4) of this section, the
State of Oregon shall pay wages or other monetary compensation to
an employee during a leave of absence required under subsection
(1) of this section if the employee is subject to a collective
bargaining agreement that provides for the payment of wages or
other monetary compensation while the employee is on such
leave. + }
{ - (7) - } { + (8) + } 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 2. ORS 408.240, as amended by section 1, chapter 72,
Oregon Laws 2003 (Enrolled Senate Bill 9), and section 14,
chapter 387, Oregon Laws 2003 (Enrolled House Bill 3601), 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 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. { + Except as otherwise
provided in subsection (6) of this section, + } while so absent
on leave, the officer or employee 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 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 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.
{ + (6) A public officer or employee of the State of Oregon
shall receive the pay or other emolument of the officer or
employee's position while absent on leave to perform military
duty if the officer or employee is subject to a collective
bargaining agreement that provides for the receipt of the pay or
emolument while on such leave. + }
SECTION 3. { + The amendments to ORS 399.230 and 408.240 by
sections 1 and 2 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 4. { + 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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