72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 17
LC 243/SB 17-3
SENATE AMENDMENTS TO
SENATE BILL 17
By COMMITTEE ON JUDICIARY
April 22
In line 2 of the printed bill, before the period insert ';
creating new provisions; and amending ORS 659A.100, 659A.103 and
659A.142'.
Delete lines 4 through 12 and insert:
' { + SECTION 1. + } ORS 659A.100 is amended to read:
' 659A.100. { + (1) + } As used in ORS 659A.100 to 659A.145,
unless the context requires otherwise:
' { - (1) - } { + (a) + } 'Disabled person' means { - a
person - } { + an individual + } who has a physical or mental
impairment { - which - } { + that + } substantially limits
one or more major life activities, has a record of such an
impairment or is regarded as having such an impairment.
{ + ' (b) 'Drug' means a controlled substance, as classified
in schedules I through V of section 202 of the Controlled
Substances Act, 21 U.S.C.A. 812, as amended, and as modified
under ORS 475.035.
' (c) 'Illegal use of drugs' means any use of drugs, the
possession or distribution of which is unlawful under state law
or under the Controlled Substances Act, 21 U.S.C.A. 812, as
amended, but does not include the use of a drug taken under
supervision of a licensed health care professional, or other uses
authorized under the Controlled Substances Act or under other
provisions of state or federal law.
' (d) 'State government' has the meaning given that term in ORS
174.111. + }
' (2) As used in subsection (1) of this section:
' (a) 'Major life activity' includes { - , - } but is not
limited to self-care, ambulation, communication, transportation,
education, socialization, employment and ability to acquire, rent
or maintain property.
' (b) 'Has a record of such an impairment' means { + that the
individual + } has a history of, or has been misclassified as
having, a mental or physical impairment that substantially limits
one or more major life activities.
' (c) 'Is regarded as having such an impairment' means that the
individual:
' (A) Has a physical or mental impairment that does not
substantially limit major life activities but is treated by an
employer or supervisor as having such a limitation;
' (B) Has a physical or mental impairment that substantially
limits major life activities only as a result of the attitude of
others toward such impairment; or
' (C) Has none of the impairments described in subparagraph (A)
or (B) of this paragraph, but is treated by an employer or
supervisor as having a mental or physical impairment that
substantially limits one or more major life activities.
' (d) 'Substantially limits' means:
' (A) The impairment renders the { - person - }
{ + individual + } unable to perform a major life activity that
the average person in the general population can perform; or
' (B) The impairment significantly restricts the condition,
manner or duration under which an individual can perform a
particular major life activity as compared to the condition,
manner or duration under which the average person in the general
population can perform the same major life activity.
' { - (3) 'Drug' means a controlled substance, as classified
in schedules I through V of section 202 of the Controlled
Substances Act, 21 U.S.C.A. 812, as amended, and as modified
under ORS 475.035. - }
' { - (4) 'Illegal use of drugs' means any use of drugs, the
possession or distribution of which is unlawful under state law
or under the Controlled Substances Act, 21 U.S.C.A. 812, as
amended, but does not include the use of a drug taken under
supervision of a licensed health care professional, or other uses
authorized under the Controlled Substances Act or under other
provisions of state or federal law. - }
' { + SECTION 2. + } ORS 659A.103 is amended to read:
' 659A.103. (1) It is declared to be the public policy of
Oregon to guarantee disabled persons the fullest possible
participation in the social and economic life of the state, to
engage in remunerative employment, to use and enjoy places of
public accommodation, resort or amusement, { + to participate in
and receive the benefits of the services, programs and activities
of state government + } and to secure housing accommodations of
their choice, without discrimination.
' (2) The right to otherwise lawful employment without
discrimination because of disability where the reasonable demands
of the position do not require such a distinction, and the right
to use and enjoy places of public accommodation, resort or
amusement, { + to participate in and receive the benefits of the
services, programs and activities of state government + }and to
purchase or { - rental of - } { + rent + } property without
discrimination because of disability, are hereby recognized and
declared to be the rights of all the people of this state. It is
hereby declared to be the policy of the State of Oregon to
protect these rights and ORS 659A.100 to 659A.145 shall be
construed to effectuate such policy.
' { + SECTION 3. + } ORS 659A.142 is amended to read:
' 659A.142. (1) It is an unlawful employment practice for an
employment agency to fail or refuse to refer for employment, or
otherwise discriminate against, any individual because that
individual is a disabled person, or to classify or refer for
employment any individual because that individual is a disabled
person.
' (2) It is an unlawful employment practice for a labor
organization, because an individual is a disabled person, to
exclude or to expel from its membership such individual or to
discriminate in any way against such individual.
' (3) It is an unlawful practice for any place of public
accommodation, resort or amusement as defined in ORS 659A.400, or
any person acting on behalf of such place, to make any
distinction, discrimination or restriction because a customer or
patron is a disabled person.
' { + (4)(a) It is an unlawful practice for state government
to exclude an individual from participation in or deny an
individual the benefits of the services, programs or activities
of state government or to make any distinction, discrimination or
restriction because the individual is a disabled person.
' (b) Paragraph (a) of this subsection is intended to ensure
equal access to available services, programs and activities of
state government.
' (c) Paragraph (a) of this subsection is not intended to:
' (A) Create an independent entitlement to any service, program
or activity of state government; or
' (B) Require state government to take any action that state
government can demonstrate would result in a fundamental
alteration in the nature of a service, program or activity of
state government or would result in undue financial or
administrative burdens on state government. + }
' { - (4) - } { + (5) + } Receipt or alleged receipt of
treatment for a mental disorder { - shall - } { + does + }
not constitute evidence of { - a person's - } { + an
individual's + } inability to acquire, rent or maintain property.
' { + SECTION 4. + } { + The amendments to ORS 659A.100,
659A.103 and 659A.142 by sections 1 to 3 of this 2003 Act apply
only to acts or omissions by state government on or after the
effective date of this 2003 Act. + } ' .
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