75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 3118
 
LC 2739/HB 3118-A5
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3118
 
        By COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
 
                             June 2
 
  Delete lines 5 through 18 of the printed A-engrossed bill and
insert:
  '  { +  SECTION 1. + } ORS 352.380 is amended to read:
  ' 352.380.  { + (1) As used in this section, 'minority' means:
  ' (a) A person having origins in any of the black racial groups
of Africa but who is not Hispanic;
  ' (b) A person of Hispanic culture or origin;
  ' (c) A person having origins in any of the original peoples of
the Far East, Southeast Asia, the Indian subcontinent or the
Pacific Islands; or
  ' (d) An American Indian or Alaskan Native having origins in
any of the original peoples of North America.
  ' (2) + } Each institution under the jurisdiction of the State
Board of Higher Education shall { + :
  ' (a) + } Consider and maintain affirmative action plans and
goals when reductions in faculty and staff are required as a
result of:
  '  { - (1) - }   { + (A) + } Reductions in revenue that
necessitate discontinuance of its educational program at its
anticipated level;
  '  { - (2) - }   { + (B) + } Elimination of classes due to
decreased student enrollment; or
  '  { - (3) - }   { + (C) + } Reduction in courses due to
administrative decisions.
  '  { +  (b) Interview one or more qualified minority applicants
when hiring a head coach or athletic director, unless the
institution was unable to identify a qualified minority applicant
who was willing to interview for the position. It is an
affirmative defense to a claim of a violation of this paragraph
that the institution, in good faith, was unable to identify a
qualified minority applicant who was willing to interview for the
position. + }
  '  { +  SECTION 2. + }  { + The amendments to ORS 352.380 by
section 1 of this 2009 Act first apply to head coach or athletic
director positions that open on or after the effective date of
this 2009 Act. + }
  '  { +  SECTION 3. + } ORS 352.380, as amended by section 1 of
this 2009 Act, is amended to read:
  ' 352.380.   { - (1) As used in this section, 'minority'
means: - }
  '  { - (a) A person having origins in any of the black racial
groups of Africa but who is not Hispanic; - }
  '  { - (b) A person of Hispanic culture or origin; - }
  '  { - (c) A person having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian subcontinent
or the Pacific Islands; or - }
  '  { - (d) An American Indian or Alaskan Native having origins
in any of the original peoples of North America. - }
  '  { - (2) - }  Each institution under the jurisdiction of the
State Board of Higher Education shall  { - : - }
  '  { - (a) - }  consider and maintain affirmative action plans
and goals when reductions in faculty and staff are required as a
result of:
  '  { - (A) - }   { + (1) + } Reductions in revenue that
necessitate discontinuance of its educational program at its
anticipated level;
  '  { - (B) - }   { + (2) + } Elimination of classes due to
decreased student enrollment; or
  '  { - (C) - }   { + (3) + } Reduction in courses due to
administrative decisions.
  '  { - (b) Interview one or more qualified minority applicants
when hiring a head coach or athletic director, unless the
institution was unable to identify a qualified minority applicant
who was willing to interview for the position. It is an
affirmative defense to a claim of a violation of this paragraph
that the institution, in good faith, was unable to identify a
qualified minority applicant who was willing to interview for the
position. - }
  '  { +  SECTION 4. + }  { + The amendments to ORS 352.380 by
section 3 of this 2009 Act become operative on January 2,
2020. + } ' .
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