74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 4
Sponsored by Senators MONNES ANDERSON, DEVLIN; Senators AVAKIAN,
BATES, BURDICK, CARTER, COURTNEY, METSGER, MORRISETTE, WALKER,
WESTLUND, Representatives BERGER, BONAMICI, BOONE, BRUUN,
ESQUIVEL, GARRARD, GELSER, GIROD, GREENLICK, HUNT, KRIEGER,
MERKLEY, ROBLAN, ROSENBAUM, SCHAUFLER, SCOTT, WITT
CHAPTER ................
AN ACT
Relating to nursing; creating new provisions; amending ORS
238.082 and 243.105; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + There is declared a nursing workforce and
nursing faculty shortage in Oregon. The declaration of the
nursing workforce shortage shall remain in effect until the
Governor suspends the declaration by executive action. + }
SECTION 2. { + The Oregon Center for Nursing and the Oregon
Healthcare Workforce Institute may serve in advisory capacities
to the State Workforce Investment Board, the Joint Boards of
Education and other related entities. The Oregon Center for
Nursing may advise on education and workforce development issues
affecting nursing. The Oregon Healthcare Workforce Institute may
advise on education and workforce development issues affecting
doctors, dentists and other allied health professionals. The
Oregon Center for Nursing and the Oregon Healthcare Workforce
Institute may work together to develop comprehensive solutions to
the healthcare workforce shortages in Oregon. + }
SECTION 3. ORS 243.105 is amended to read:
243.105. As used in ORS 243.105 to 243.285, unless the context
requires otherwise:
(1) 'Benefit plan' includes, but is not limited to:
(a) Contracts for insurance or other benefits, including
medical, dental, vision, life, disability and other health care
recognized by state law, and related services and supplies;
(b) Comparable benefits for employees who rely on spiritual
means of healing; and
(c) Self-insurance programs managed by the Public Employees'
Benefit Board.
(2) 'Board' means the Public Employees' Benefit Board.
(3) 'Carrier' means an insurance company or health care service
contractor holding a valid certificate of authority from the
Director of the Department of Consumer and Business Services, or
two or more companies or contractors acting together pursuant to
a joint venture, partnership or other joint means of operation,
or a board-approved guarantor of benefit plan coverage and
compensation.
Enrolled Senate Bill 4 (SB 4-B) Page 1
(4)(a) 'Eligible employee' means an officer or employee of a
state agency who elects to participate in one of the group
benefit plans described in ORS 243.135. The term includes state
officers and employees in the exempt, unclassified and classified
service, and state officers and employees, whether or not
retired, who:
(A) Are receiving a service retirement allowance, a disability
retirement allowance or a pension under the Public Employees
Retirement System or are receiving a service retirement
allowance, a disability retirement allowance or a pension under
any other retirement or disability benefit plan or system offered
by the State of Oregon for its officers and employees;
(B) Are eligible to receive a service retirement allowance
under the Public Employees Retirement System and have reached
earliest retirement age under ORS chapter 238;
(C) Are eligible to receive a pension under ORS 238A.100 to
238A.245, and have reached earliest retirement age as described
in ORS 238A.165; or
(D) Are eligible to receive a service retirement allowance or
pension under another retirement benefit plan or system offered
by the State of Oregon and have attained earliest retirement age
under the plan or system.
(b) 'Eligible employee' does not include individuals:
(A) Engaged as independent contractors;
(B) Whose periods of employment in emergency work are on an
intermittent or irregular basis;
(C) Who are employed on less than half-time basis unless the
individuals are employed in positions classified as job-sharing
positions { - or - } { + , + } unless the individuals are
defined as eligible under rules of the board { + or unless the
individuals are employed as nurses or nursing educators + };
(D) Appointed under ORS 240.309;
(E) Provided sheltered employment or make-work by the state in
an employment or industries program maintained for the benefit of
such individuals; or
(F) Provided student health care services in conjunction with
their enrollment as students at the state institutions of higher
education.
(5) 'Family member' means an eligible employee's spouse and any
unmarried child or stepchild within age limits and other
conditions imposed by the board with regard to unmarried children
or stepchildren.
(6) 'Payroll disbursing officer' means the officer or official
authorized to disburse moneys in payment of salaries and wages of
employees of a state agency.
(7) 'Premium' means the monthly or other periodic charge for a
benefit plan.
(8) 'State agency' means every state officer, board,
commission, department or other activity of state government.
SECTION 4. ORS 238.082 is amended to read:
238.082. (1) Subject to the limitations in subsection (2) of
this section, any public employer may employ any person receiving
a service retirement allowance if the administrative head of such
employer is satisfied that such employment is in the public
interest.
(2) The period or periods of employment by one or more public
employers of any person receiving a service retirement allowance
may not total 1,040 hours or more in any calendar year; but if
the person is receiving old-age, survivors or disability
insurance benefits under the federal Social Security Act, the
Enrolled Senate Bill 4 (SB 4-B) Page 2
person may be employed for the number of hours for which the
salary equals the maximum allowed for receipt of the full amount
of those benefits to which the person is entitled.
(3) The limitations on employment imposed by subsection (2) of
this section do not apply to a retired member who is employed as
a teacher or as an administrator, as those terms are defined in
ORS 342.120, if the retired member is employed by a school
district or education service district that has its
administrative office located within a county with a population
of not more than 35,000 inhabitants according to the latest
federal decennial census. A retired member who is employed as a
teacher, as defined in ORS 342.120, by the same public employer
that employed the member at the time of retirement remains in the
same collective bargaining unit that included the member before
retirement.
(4) The limitations on employment imposed by subsection (2) of
this section do not apply to a retired member who is employed:
(a) By the sheriff of a county with a population of fewer than
75,000 inhabitants, according to the latest federal decennial
census;
(b) By the municipal police department of a city with a
population of fewer than 15,000 inhabitants, according to the
latest federal decennial census;
(c) By the state or a county for work in a correctional
institution located in a county with a population of fewer than
75,000 inhabitants, according to the latest federal decennial
census;
(d) By the Black Butte Ranch Rural Fire Protection District,
the Black Butte Ranch Service District or the Sunriver Service
District; or
(e) By the Oregon State Police for work in a county with a
population of fewer than 75,000 inhabitants, according to the
latest federal decennial census.
(5) The limitations on employment imposed by subsection (2) of
this section do not apply to a retired member who is employed to
temporarily replace an employee who serves in the National Guard
or in a reserve component of the Armed Forces of the United
States and who is called to federal active duty.
(6) The limitations on employment imposed by subsection (2) of
this section do not apply to a retired member who is employed by
a road assessment district organized under ORS 371.405 to
371.535.
{ + (7) The limitations on employment imposed by subsection
(2) of this section do not apply to a retired member who is a
nurse and is employed by a public employer as a nurse or for the
purpose of teaching nursing during the period in which a nursing
workforce shortage declared by the Legislative Assembly or the
Governor is in effect. + }
{ - (7) - } { + (8) + } Subsections (3) to { - (6) - }
{ + (7) + } of this section do not apply to any member who
retires under the provisions of ORS 238.280 (1) or (2).
{ - (8) - } { + (9) + } Employment under this section does
not affect the status of a person as a retired member of the
system and a recipient of retirement benefits under this chapter.
SECTION 5. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Oregon Department of
Administrative Services, for the biennium beginning July 1, 2007,
out of the General Fund, the amount of $800,000 for distribution
to the Oregon Center for Nursing. + }
Enrolled Senate Bill 4 (SB 4-B) Page 3
SECTION 6. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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Enrolled Senate Bill 4 (SB 4-B) Page 4
Passed by Senate June 23, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 26, 2007
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Speaker of House
Enrolled Senate Bill 4 (SB 4-B) Page 5
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
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Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 4 (SB 4-B) Page 6