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 2132
A-Engrossed
Senate Bill 494
Ordered by the Senate June 18
Including Senate Amendments dated June 18
Sponsored by Senator CORCORAN; Representative MARCH
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 certain recipients of state funds from using state
funds to assist, promote or deter union organizing.
Imposes civil penalties for violations. Allows Attorney General
or taxpayer to bring civil action for violations.
A BILL FOR AN ACT
Relating to union organizing.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 1 to 8 of this 2003 Act may be cited
as the State Government Neutrality Act. + }
SECTION 2. { + As used in sections 1 to 8 of this 2003 Act:
(1) 'Assist, promote or deter union organizing' means any
attempt by a public employer or a private employer to influence
the decision of its employees to:
(a) Support or oppose a labor organization that represents or
seeks to represent those employees; or
(b) Become members of a labor organization.
(2) 'Contractor' means a public employer or private employer
that:
(a) Receives state funds for supplying services under a written
contract with a public body; and
(b)(A) In the previous calendar year received at least 50
percent of the employer's business income that is apportioned to
this state under ORS 314.605 to 314.675 from state funds; or
(B) If the employer is exempt from income tax under section
501(a) of the Internal Revenue Code, in the previous calendar
year received at least 50 percent of the employer's total revenue
from state funds.
(3) 'Public body' has the meaning given that term in ORS
174.109 and includes Oregon Health and Science University.
(4) 'Public employer' has the meaning given that term in ORS
243.650.
(5) 'State agency' means any state officer, department, board,
commission, institution or agency of the state government as
defined in ORS 174.111.
(6) 'State funds' means:
(a) Any moneys drawn from the State Treasury or any special or
trust fund of this state.
(b) Any moneys appropriated by the state and transferred to any
public body that are used by the public body to fund, in whole or
in part, a contract in excess of $250,000. + }
SECTION 3. { + (1) A contractor that receives state funds
under a contract with a public body may not use the funds to
assist, promote or deter union organizing during the life of the
contract, including extensions or renewals of the contract.
(2) All contracts for services awarded by a public body and
funded in whole or in part with state funds shall contain the
prohibition described in subsection (1) of this section and
require the contractor to make the contractor's records available
at reasonable times and places to the public body to determine
whether the contractor is complying with subsection (1) of this
section.
(3) A contractor that requests reimbursement from state funds
for any costs or expenses shall certify that the contractor is
not seeking reimbursement for any costs or expenses incurred to
assist, promote or deter union organizing.
(4) A contractor is liable to the state for the amount of the
funds expended in violation of subsection (1) of this section
plus a civil penalty equal to twice the amount of those
funds. + }
SECTION 4. { + (1) A recipient of a grant of state funds,
including state funds disbursed as a grant by a state agency, may
not use the funds to assist, promote or deter union organizing.
(2) A recipient of a grant of state funds shall account for the
funds as follows:
(a) State funds designated by the grantor for use for a
specific expenditure by the recipient shall be accounted for as
allocated to that expenditure.
(b) State funds that are not designated as described in
paragraph (a) of this subsection shall be allocated on a pro rata
basis to all expenditures by the recipient that support the
program for which the grant is made.
(3) Prior to disbursement of a grant of state funds, the
recipient shall certify to the grantor that none of the funds
will be used to assist, promote or deter union organizing.
(4) All grants of state funds shall require that the recipient
of the grant of state funds make the recipient's records
available at reasonable times and places to the grantor to
determine whether the recipient is complying with this section.
(5) A recipient of a grant of state funds is liable to the
state for the amount of any funds expended in violation of
subsection (1) of this section plus a civil penalty equal to
twice the amount of those funds. + }
SECTION 5. { + (1) A public employer receiving state funds may
not use or authorize the use of state funds to assist, promote or
deter union organizing.
(2) A public employer that knowingly uses or authorizes the use
of state funds in violation of subsection (1) of this section
shall be liable to the state for the amount of those funds. + }
SECTION 6. { + (1) The Attorney General or a taxpayer of this
state may bring, on behalf of the State of Oregon, a civil action
for a violation of section 3, 4 or 5 of this 2003 Act for
injunctive relief, damages, civil penalties and other appropriate
equitable relief. All damages and civil penalties collected in
any action brought under this section shall be paid to the
General Fund.
(2) Before filing a civil action under subsection (1) of this
section, a taxpayer must give written notice to the Attorney
General of the alleged violation and the intent to file a civil
action. If the Attorney General commences a civil action for the
same alleged violation within 60 days of receipt of the notice, a
separate action by the taxpayer is barred.
(3) A taxpayer may intervene as a plaintiff in any civil action
brought under this section.
(4) The court may award costs and attorney fees to:
(a) The Attorney General or a taxpayer when the Attorney
General or the taxpayer prevails in an action brought under this
section.
(b) A prevailing intervenor taxpayer who makes a substantial
contribution to an action brought under this section.
(c) A prevailing contractor, public employer or recipient of a
grant of state funds if the court finds that the action under
this section was brought in bad faith. + }
SECTION 7. { + For the purposes of sections 1 to 8 of this
2003 Act:
(1) Any expense, including legal and consulting fees and
salaries of supervisors and employees, incurred in research,
preparation or planning for, or in coordinating or carrying out
an activity to assist, promote or deter union organizing shall be
treated as paid or incurred for that activity.
(2) For purposes of accounting for expenditures, if state funds
and other funds are commingled, any expenditures to assist,
promote or deter union organizing shall be allocated between
state funds and other funds on a pro rata basis. + }
SECTION 8. { + Sections 1 to 8 of this 2003 Act do not apply
to an activity performed, or to an expense incurred, in
connection with any of the following:
(1) Addressing a grievance or negotiating or administering a
collective bargaining agreement.
(2) Allowing a labor organization or its representative access
to the employer's facilities or property.
(3) Performing an activity required by state or federal law or
by a collective bargaining agreement.
(4) Negotiating, entering into or carrying out a voluntary
agreement with a labor organization. + }
SECTION 9. { + The provisions of sections 1 to 8 of this 2003
Act apply only to expenditures made or contracts or grants
awarded on or after the effective date of this 2003 Act. + }
----------