75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         House Bill 3118
 
Sponsored by Representative GREENLICK; Representatives BUCKLEY,
  READ, SHIELDS, Senators BONAMICI, CARTER (at the request of Sam
  Sachs)
 
 
                     CHAPTER ................
 
 
                             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:
 
 
 
Enrolled House Bill 3118 (HB 3118-B)                       Page 1
 
 
 
  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. + }
                         ----------
 
 
Passed by House May 1, 2009
 
Repassed by House June 23, 2009
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 19, 2009
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3118 (HB 3118-B)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3118 (HB 3118-B)                       Page 3