72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 17
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Committee on
Judiciary for Oregon Advocacy Center)
CHAPTER ................
AN ACT
Relating to rights of persons with disabilities to public
services; creating new provisions; and amending ORS 659A.100,
659A.103 and 659A.142.
Be It Enacted by the People of the State of Oregon:
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:
Enrolled Senate Bill 17 (SB 17-A) Page 1
(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
Enrolled Senate Bill 17 (SB 17-A) Page 2
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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Passed by Senate April 24, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 19, 2003
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Speaker of House
Enrolled Senate Bill 17 (SB 17-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 17 (SB 17-A) Page 4