75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2739
 
                           B-Engrossed
 
                         House Bill 3118
                  Ordered by the Senate June 2
 Including House Amendments dated April 29 and Senate Amendments
                          dated June 2
 
Sponsored by Representative GREENLICK; Representatives BUCKLEY,
  READ, SHIELDS, Senator BONAMICI (at the request of Sam Sachs)
 
 
                             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.
 
  Requires public institutions of higher education to interview
qualified minority candidate when hiring head coach or athletic
director unless   { - institution is bound by contract to promote
member of current coaching staff - }  { +  institution was unable
to identify qualified minority candidate willing to interview for
position + }.
   { +  Sunsets on January 2, 2020. + }
 
                        A BILL FOR AN ACT
Relating to hiring practices of institutions of higher education;
  creating new provisions; and amending ORS 352.380.
Be It Enacted by the People of the State of Oregon:
  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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