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 274
 
                           B-Engrossed
 
                         Senate Bill 332
                 Ordered by the House August 25
 Including Senate Amendments dated April 23 and House Amendments
                         dated August 25
 
Sponsored by Senator BEYER
 
 
                             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.
 
    { - Allows employer to collect $1 processing fee for each
week or part of week for which payment is made under writ of
garnishment. Provides that fee be withheld from wages of
employee.  Allows employer to deduct processing fee for income
withholding orders from wages of employee. - }
   { +  Modifies calculation of annual inflation adjustment of
minimum wage. Limits adjustment of minimum wage to months when
total Oregon unemployment rate is less than total national
unemployment rate. Requires that modified calculation be made in
2003 for minimum wage effective in 2004.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to wages; creating new provisions; amending ORS 653.025;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 653.025, as amended by section 1, chapter 2,
Oregon Laws 2003, 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 employer shall - }
 { + an employer may not + } employ or agree to employ any
employee at wages computed at a rate lower than:
    { - (1) For calendar year 1997, $5.50 - }
    { - (2) For calendar year 1998, $6.00 - }
    { - (3) For calendar years after December 31, 1998, and
before January 1, 2003, $6.50. - }
    { - (4) - }   { + (a) + } For calendar year 2003, $6.90.
    { - (5) - }   { + (b) + } For calendar years after 2003, a
rate adjusted for inflation { + , as provided in subsection (2)
of this section + }.
  (2)(a) The Oregon minimum wage shall be adjusted annually for
inflation, as provided in  { + this + } subsection   { - (2)(b)
below - } .
  (b)  { + Subject to paragraph (c) of this subsection, + } no
later than September 30 of each year, beginning in calendar year
2003, the commissioner shall calculate an adjustment of the wage
amount specified in subsection (1) of this section based upon the
increase { + , + }   { - ( - } if any { + , + }  { - ) - }  from
August of the preceding year to August of the year in which the
calculation is made in the U.S.  City Average 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.
   { +  (c) For purposes of the calculation under paragraph (b)
of this subsection, the commissioner may use only the increases
in the Consumer Price Index that occur during months of full
employment from August of the preceding year to August of the
year in which the calculation is made. + }
    { - (c) - }   { + (d) + } The wage amount established under
this subsection shall:
  (A) Be rounded to the nearest five cents; and
  (B) Become effective as the new Oregon minimum wage, replacing
the dollar figure specified in   { - ORS 653.025 (1) - }  { +
subsection (1) of this section + }, on January 1 of the following
year.
   { +  (3) As used in this section, 'full employment' means a
total, not seasonally adjusted, unemployment rate in Oregon that
is less than the total, not seasonally adjusted, national
unemployment rate as determined by the United States Department
of Labor or its successor. + }
  SECTION 2.  { + The amendments to ORS 653.025 by section 1 of
this 2003 Act apply to the calculation of an adjustment of the
wage amount specified in ORS 653.025 (1) made by the Commissioner
of the Bureau of Labor and Industries in 2003. + }
  SECTION 3.  { + 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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