Bill Text: OR HB3255 | 2013 | Regular Session | Introduced
Bill Title: Relating to payment to school district employees; declaring an emergency.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3255 Detail]
Download: Oregon-2013-HB3255-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1146
House Bill 3255
Sponsored by Representative JOHNSON; Representative HUFFMAN
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 as
introduced.
Provides for establishment of maximum percentage by which
district school board may annually increase total amount of
moneys used to pay for salary and benefits of employees under
collective bargaining agreement. Provides exceptions.
Applies to collective bargaining agreements entered into on or
after January 1, 2014.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to payment to school district employees; creating new
provisions; amending ORS 332.075; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Each fiscal year, the Department of
Education shall collaborate with the Oregon Education Investment
Board to calculate the percentage by which the total amount of
moneys available for distribution from the State School Fund for
the fiscal year increased as compared to the greatest total
amount of moneys that were available for distribution from the
State School Fund for a fiscal year during the previous biennium.
(2) Each fiscal year, the department shall communicate to each
school district the percentage calculated under subsection (1) of
this section for the purpose of ORS 332.075 (4). + }
SECTION 2. Section 1 of this 2013 Act is amended to read:
{ + Sec. 1. + } (1) Each fiscal year, the Department of
Education shall { - collaborate with the Oregon Education
Investment Board to - } calculate the percentage by which the
total amount of moneys available for distribution from the State
School Fund for the fiscal year increased as compared to the
greatest total amount of moneys that were available for
distribution from the State School Fund for a fiscal year during
the previous biennium.
(2) Each fiscal year, the department shall communicate to each
school district the percentage calculated under subsection (1) of
this section for the purpose of ORS 332.075 (4).
SECTION 3. { + The amendments to section 1 of this 2013 Act by
section 2 of this 2013 Act become operative March 15, 2016. + }
SECTION 4. ORS 332.075 is amended to read:
332.075. (1) Any district school board may:
(a) Fix the days of the year and the hours of the day when
schools shall be in session.
(b) Adopt textbooks and other instructional materials as
provided in ORS 337.120 and 337.141 and courses of study for the
use of such schools as provided in ORS 336.035.
(c) Authorize the use of the schools for purposes of training
students of an approved teacher education institution, as defined
in ORS 342.120, and for such purposes may enter into contracts
with the approved teacher education institutions on such terms as
may be agreed upon. Such contracts as they relate to student
teachers shall have the same effect and be subject to the same
regulations as a contract between a licensed teacher and a
district school board.
(d) Develop and operate with other school districts or
community college districts secondary career and technical
education programs for pupils of more than one district and fix
by agreement the duration of the district's obligation to
continue such activity, subject to the availability of funds
therefor.
(e) Authorize the school district to be a member of and pay
fees, if any, to any voluntary organization that administers
interscholastic activities or that facilitates the scheduling and
programming of interscholastic activities.
(f) Accept money or property donated for the use or benefit of
the school district and, consistent with the laws of this state,
use such money or property for the purpose for which it was
donated.
(2) All contracts of the school district must be approved by
the district school board before an order can be drawn for
payment. If a contract is made without the authority of the
district school board, the individual making such contract shall
be personally liable.
(3) Notwithstanding subsection (2) of this section, a district
school board may, by resolution or policy, authorize its
superintendent or the superintendent's designee to enter into and
approve payment on contracts for products, materials, supplies,
capital outlay, equipment and services that are within
appropriations made by the district school board pursuant to ORS
294.456. A district school board may not authorize its
superintendent or the superintendent's designee under this
subsection to enter into and approve payment on contracts that
are collective bargaining agreements or service contracts that
include the provision of labor performed by employees of the
school district.
{ + (4)(a) Except as provided by paragraph (b) of this
subsection, a district school board may not agree under a
collective bargaining agreement to an annual increase in the
total amount of moneys used to pay for the salary and benefits of
an employee of the school district, including longevity step pay
increases, that exceeds the lesser of:
(A) The percentage calculated pursuant to section 1 of this
2013 Act; or
(B) Five percent.
(b) Nothing in this subsection:
(A) Prevents a district school board from:
(i) Providing performance-based incentives in the form of
compensation or other benefits; or
(ii) Providing a salary increase as the result of a promotion
or change in duties.
(B) Requires the total cost of salary and benefits paid to an
employee of a school district to be decreased from the previous
fiscal year.
(C) Prevents the parties to a collective bargaining agreement
from entering into a written agreement, as part of the collective
bargaining process, to provide for the reopening of any sections
of the collective bargaining agreement related to salary and
benefits. Refusal by either party to a written agreement entered
into under this subparagraph to reopen sections of a collective
bargaining agreement related to salary and benefits is grounds
for third party interpretation or resolution of the reopened
sections only if provided for in the written agreement. + }
SECTION 5. { + (1) The amendments to ORS 332.075 by section 4
of this 2013 Act become operative January 1, 2014.
(2) The amendments to ORS 332.075 by section 4 of this 2013 Act
first apply to collective bargaining agreements entered into on
or after January 1, 2014. + }
SECTION 6. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
