74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to A-Eng. SB 426
 
LC 2413/SB 426-A10
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 426
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             March 2
 
  On page 1 of the printed A-engrossed bill, line 3, after the
second semicolon insert 'limiting expenditures;'.   { +  + }
  On page 7, line 10, after 'participate' insert 'only'.
  Delete lines 27 and 28 and insert:
  ' (3) Nothing in sections 1 to 14 of this 2007 Act may be
construed to expand or contract collective bargaining rights or
collective bargaining obligations.'.   { +  + }
  Delete lines 32 through 45 and insert:
  '  { +  SECTION 16. + }  { + Notwithstanding section 14 of this
2007 Act:
  ' (1) Before October 1, 2008, a district is not required to
offer benefit plans that are provided and administered by the
Oregon Educators Benefit Board under sections 1 to 14 of this
2007 Act.
  ' (2) Except as provided in subsections (3) to (6) of this
section, on and after October 1, 2008:
  ' (a) A district may not offer a benefit plan unless the
benefit plan is provided and administered by the board; and
  ' (b) Eligible employees of a district may participate in
benefit plans provided and administered by the board.
  ' (3)(a) If a collective bargaining agreement exists between a
district and employees of the district and the agreement expires
after July 1, 2008, subsection (2) of this section does not apply
to the district or employees of the district. However:
  ' (A) If the collective bargaining agreement expires before
October 1, 2010, section 14 of this 2007 Act first applies to the
district and employees of the district upon the expiration of the
agreement, except as provided in subsection (4) of this section;
and
  ' (B) In any case, on and after October 1, 2010, section 14 of
this 2007 Act applies to the district and employees of the
district.
  ' (b) If no collective bargaining agreement exists between a
district and employees of the district, and if a contract exists
between the district and a carrier and the contract expires after
October 1, 2008, subsection (2) of this section does not apply to
the district or employees of the district. However:
  ' (A) If the contract expires before October 1, 2010, section
14 of this 2007 Act first applies to the district and employees
of the district upon the expiration of the contract, except as
provided in subsection (4) of this section; and
  ' (B) In any case, on and after October 1, 2010, section 14 of
this 2007 Act applies to the district and employees of the
district.
  ' (4) A district that was self-insured before January 1, 2007,
or a district that had an independent health insurance trust
established and functioning before January 1, 2007, may provide
or contract for benefit plans other than benefit plans provided
and administered by the board. However:
 
  ' (a) Until October 1, 2010, the benefit plans provided or
contracted for by the self-insured district or the district with
an independent health insurance trust are not required to meet
the condition provided in section 14 (2)(a) of this 2007 Act.
  ' (b) On and after October 1, 2010, the benefit plans provided
or contracted for by the self-insured district or the district
with an independent health insurance trust must meet the
condition provided in section 14 (2)(a) of this 2007 Act.
  ' (c) This subsection does not apply to a community college
district.
  ' (5) A community college district may provide or contract for
benefit plans other than benefit plans provided and administered
by the board.
  ' (6) In accordance with procedures adopted by the board to
extend benefit plan coverage under sections 3 to 8 of this 2007
Act to eligible employees of a self-insured district, a district
with an independent health insurance trust or a community college
district, these districts may choose to offer benefit plans that
are provided and administered by the board. Once employees of a
district participate in benefit plans provided and administered
by the board, the district may not thereafter provide or contract
for benefit plans other than those provided and administered by
the board. + } ' .
  On page 8, delete lines 1 through 26.
  On page 10, line 27, delete 'Teacher' and insert ' Educator'.
  In line 28, delete 'five' and insert 'six'.
  In line 33, delete 'three' and insert 'four'.
  In line 35, delete 'and'.
  In line 38, delete the period and insert '; and
  ' (C) One member who is a district management employee.'.
  On page 11, after line 35, insert:
  '  { +  SECTION 23. + }  { + Notwithstanding any other
provisions of law, in addition to the amounts appropriated by
section 1 (1), chapter 789, Oregon Laws 2005, to the Department
of Education, Operations, for the biennium ending June 30, 2007,
as modified by Emergency Board action, there is appropriated out
of the General Fund the amount of $136,847 for the purposes of
establishing the Oregon Educators Benefit Board. + }
  '  { +  SECTION 24. + }  { + Notwithstanding any other law
limiting expenditures of the Oregon Department of Administrative
Services for the payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, for the biennium ending June 30, 2007,
the limitation on expenditures for the Oregon Department of
Administrative Services established by section 2 (3), chapter
601, Oregon Laws 2005, as modified by Emergency Board action, is
increased by $184,524 for purposes of establishing the Oregon
Educators Benefit Board. + }
  '  { +  SECTION 25. + }  { + (1) In addition to and not in lieu
of any other appropriation, there is appropriated to the
Department of Education, for the biennium beginning July 1, 2007,
out of the General Fund, the amount of $4,996,081, which may be
expended for the costs of the Oregon Educators Benefit Board.
  ' (2) When the board determines that moneys in sufficient
amount are available from revenues received pursuant to sections
11 and 12 of this 2007 Act, but in no event later than June 30,
2011, the board shall reimburse the General Fund, without
interest, in an amount equal to the amount appropriated from the
General Fund under subsection (1) of this section. The moneys
used to reimburse the General Fund under this subsection may not
be considered as a budget item on which a limitation is otherwise
fixed by law, but shall be in addition to any specific biennial
appropriation or amount authorized to be expended from
continually appropriated moneys for any biennial period. + }
  '  { +  SECTION 26. + }  { + (1) Notwithstanding any other law
limiting expenditures, the amount of $5,496,280 is established
for the biennium beginning July 1, 2007, as the maximum limit for
payment of expenses from fees, moneys or other revenues,
including Miscellaneous Receipts, but excluding lottery funds and
federal funds, collected or received by the Oregon Department of
Administrative Services for the purposes of the Oregon Educators
Benefit Board.
  ' (2) When the Oregon Educators Benefit Board determines that
moneys in sufficient amount are available from revenues received
pursuant to sections 11 and 12 of this 2007 Act, but in no event
later than June 30, 2011, the board shall reimburse the Oregon
Department of Administrative Services, Public Employees' Benefit
Board, without interest, in an amount equal to the amount
expended by the Public Employees' Benefit Board to oversee the
implementation of sections 1 to 14, 16 and 17 of this 2007
Act. + } ' .
  '  { +  SECTION 27. + }  { + Between the effective date of this
2007 Act and October 1, 2010, the Public Employees' Benefit Board
administrator shall, in cooperation with the Oregon Educators
Benefit Board, oversee the implementation of sections 1 to 14, 16
and 17 of this 2007 Act. + } ' .
  In line 36, delete '23' and insert '28'.
  Delete line 38 and insert 'on its passage.'.
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