73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2303
B-Engrossed
House Bill 3230
Ordered by the House June 20
Including House Amendments dated May 18 and June 20
Sponsored by Representatives LIM, MARCH; Representatives
ANDERSON, BOONE, BUTLER, ESQUIVEL, GARRARD, GILMAN, GREENLICK,
HANSEN, JENSON, P SMITH, TOMEI, Senators GORDLY, MONNES
ANDERSON, MORRISETTE, B STARR
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.
Transfers duties, functions and powers of Oregon Disabilities
Commission { - relating to services for deaf or hard-of-hearing
individuals - } to Department of Human Services. Creates Oregon
Deaf and Hard-of-Hearing Services program in department to be
administered by Director of Human Services. Requires director to
appoint advisory committee. { + Specifies services that may be
provided. + }
Directs State Board of Education to adopt by rule standards for
sign language interpreters in public schools. Provides that any
public agency may contract with Department of Human Services for
coordination and provision of sign language interpreter services.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to Oregon Disabilities Commission; creating new
provisions; amending ORS 185.110, 185.130, 185.150 and 192.630;
repealing ORS 185.120, 185.160, 185.180, 185.220, 185.225 and
185.230; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The duties, functions and powers of the
Oregon Disabilities Commission are imposed upon, transferred to
and vested in the Department of Human Services.
(2) On the operative date of this section, the tenure of office
of the executive director of the Oregon Disabilities Commission
ceases. + }
SECTION 2. { + (1) The executive director of the Oregon
Disabilities Commission shall:
(a) Deliver to the Director of Human Services all records and
property within the jurisdiction of the executive director that
relate to the duties, functions and powers transferred by section
1 of this 2005 Act; and
(b) Transfer to the Department of Human Services those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 1 of this 2005 Act.
(2) The Director of Human Services shall take possession of the
records and property, and shall take charge of the employees and
employ them in the exercise of the duties, functions and powers
transferred by section 1 of this 2005 Act, without reduction of
compensation but subject to change or termination of employment
or compensation as provided by law.
(3) The Governor shall resolve any dispute between the Oregon
Disabilities Commission and the Department of Human Services
relating to transfers of records, property and employees under
this section, and the Governor's decision is final. + }
SECTION 3. { + (1) The unexpended balances of amounts
authorized to be expended by the Oregon Disabilities Commission
for the biennium beginning July 1, 2005, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 1 of this
2005 Act are appropriated and transferred to and are available
for expenditure by the Department of Human Services for the
biennium beginning July 1, 2005, for the purpose of administering
and enforcing the duties, functions and powers transferred by
section 1 of this 2005 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Oregon
Disabilities Commission remain applicable to expenditures by the
Department of Human Services under this section. + }
SECTION 4. { + The transfer of duties, functions and powers to
the Department of Human Services by section 1 of this 2005 Act
does not affect any action, proceeding or prosecution involving
or with respect to such duties, functions and powers begun before
and pending at the time of the transfer, except that the
Department of Human Services is substituted for the Oregon
Disabilities Commission in the action, proceeding or
prosecution. + }
SECTION 5. { + (1) Nothing in sections 1 to 7 of this 2005 Act
relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 1 of this 2005 Act. The Department of
Human Services may undertake the collection or enforcement of any
such liability, duty or obligation.
(2) The rights and obligations of the Oregon Disabilities
Commission legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 1 of this 2005 Act accruing under or with respect
to the duties, functions and powers transferred by section 1 of
this 2005 Act are transferred to the Department of Human
Services. For the purpose of succession to these rights and
obligations, the Department of Human Services is a continuation
of the Oregon Disabilities Commission and not a new
authority. + }
SECTION 6. { + Notwithstanding the transfer of duties,
functions and powers by section 1 of this 2005 Act, the rules of
the Oregon Disabilities Commission with respect to such duties,
functions or powers that are in effect on the operative date of
section 1 of this 2005 Act continue in effect until superseded or
repealed by rules of the Department of Human Services. References
in the rules of the Oregon Disabilities Commission to the Oregon
Disabilities Commission or an officer or employee of the Oregon
Disabilities Commission are considered to be references to the
Department of Human Services or an officer or employee of the
Department of Human Services. + }
SECTION 7. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 1 of
this 2005 Act, reference is made to the Oregon Disabilities
Commission, or an officer or employee of the Oregon Disabilities
Commission, whose duties, functions or powers are transferred by
section 1 of this 2005 Act, the reference is considered to be a
reference to the Department of Human Services or an officer or
employee of the Department of Human Services who by this 2005 Act
is charged with carrying out such duties, functions and
powers. + }
SECTION 8. { + (1) The Oregon Deaf and Hard-of-Hearing
Services program is created in the Department of Human Services,
to be administered by the Director of Human Services.
(2) The director shall appoint an advisory committee to act in
an advisory capacity to the director. The director shall consult
with the advisory committee on all matters relating to the
services described in section 9 of this 2005 Act.
(3) The director shall appoint to the advisory committee 12
individuals who have experience in issues that affect deaf or
hard-of-hearing individuals. + }
SECTION 9. { + The Oregon Deaf and Hard-of-Hearing Services
program may provide the following services in addition to the
duties, functions and powers transferred by section 1 of this
2005 Act and the duties imposed under sections 11 and 12 of this
2005 Act:
(1) Assistance to members of the public and state agencies in
making agency programs available and accessible to deaf or
hard-of-hearing individuals.
(2) Identification and publicity of the needs and concerns of
deaf or hard-of-hearing individuals as their needs and concerns
relate to the full achievement of economic, social, legal and
political equity.
(3) Advice to the Department of Human Services, the Governor,
the Legislative Assembly and appropriate state agency
administrators on how state services for deaf or hard-of-hearing
individuals might be improved or better coordinated to meet the
needs of these individuals.
(4) Provision of information to deaf or hard-of-hearing
individuals about where they may obtain assistance in
rehabilitation and employment and about laws prohibiting
discrimination in employment as a result of disability.
(5) Cooperation with and assistance to interest groups in
rehabilitation and employment of deaf or hard-of-hearing
individuals and encouragement of public and private employers to
undertake affirmative action to ensure equitable employment of
deaf or hard-of-hearing individuals.
(6) Promotion of a continuous program of information and
education to employers and the general public to increase
awareness of and sensitivity to the needs of deaf or
hard-of-hearing individuals for equitable education and training
that will ensure for these individuals their full vocational
potential.
(7) Promotion of a continuous information program for placement
of deaf or hard-of-hearing individuals in suitable
employment. + }
SECTION 10. { + As used in sections 11 and 12 of this 2005
Act, ' sign language interpreter' means a person who is readily
able to communicate with a deaf or hard-of-hearing individual,
translate proceedings or conversations and accurately repeat and
translate the statements of a deaf or hard-of-hearing
individual. + }
SECTION 11. { + The State Board of Education shall adopt by
rule standards for sign language interpreters for deaf and
hard-of-hearing individuals in public schools. In developing the
standards, the board shall consult with the advisory committee
created under section 8 of this 2005 Act and the Director of
Human Services. + }
SECTION 12. { + (1) Any public agency may contract with the
Department of Human Services for the coordination and provision
of sign language interpreter services.
(2) From funds available under subsection (1) of this section,
the department shall contract with certified sign language
interpreters to provide, for a fee established by rule of the
department, sign language interpretation services to public
agencies with whom the department has a contract for the
services. + }
SECTION 13. ORS 185.110 is amended to read:
185.110. As used in ORS 185.110 to 185.230, unless the context
requires otherwise:
(1) 'Advocate self-help group' means any organized group of
individuals with disabilities who have joined together for
purposes of informing the public of their needs and obtaining
resources, services and benefits for their membership.
(2) 'Consumer' means an individual with a disability, or a
parent or legal guardian, other than the State of Oregon, of an
individual with a disability, who utilizes the services made
available by public and private organizations which serve
individuals with disabilities.
(3) 'Disabled individual' means anyone who:
(a) Has a physical or mental impairment which substantially
limits one or more of the individual's major life activities;
(b) Has a record of such impairment; or
(c) Is regarded as having such an impairment.
{ - (4) 'Sign language interpreter' means a person who is
readily able to communicate with a hearing impaired person,
translate proceedings or conversations and accurately repeat and
translate the statements of a hearing impaired person. - }
SECTION 14. ORS 185.130 is amended to read:
185.130. (1) The Oregon Disabilities Commission is created
consisting of 15 members appointed by the Governor for not more
than two consecutive three-year terms.
(2) Prior to making appointments, the Governor shall request
and consider recommendations from advocate self-help groups and
other interested public and private agencies.
(3) The membership of the commission shall be composed of
members broadly representative of major public and private
agencies who are experienced in or have demonstrated particular
interest in the special needs of individuals with disabilities
and consumers. Appointments shall be made with considerations
given to geographic representation and a majority shall be
individuals with disabilities as defined in ORS 185.110 (3).
{ - Appointments to the commission shall be subject to Senate
confirmation as provided in ORS 171.562 and 171.565. - }
SECTION 15. ORS 185.150 is amended to read:
185.150. The duties of the Oregon Disabilities Commission
{ - shall combine the functions of the Governor's Steering
Committee on the Handicapped and the Governor's Committee on
Employment of the Handicapped, and shall - } { + may + }
include:
(1) Identifying and hearing the concerns of individuals with
disabilities;
(2) Publicizing the needs and concerns of individuals with
disabilities as they relate to the full achievement of economic,
social, legal and political equity;
(3) Advising the Department of Human Services, the Governor,
the Legislative Assembly and appropriate state agency
administrators on how state services for individuals with
disabilities might be improved or better coordinated to meet the
needs of the individuals with disabilities;
(4) Advising local government agencies on matters which affect
individuals with disabilities;
(5) Submitting a report of commission activities and
recommendations to the Governor at least annually, and to the
Legislative Assembly at least biennially and nominating qualified
individuals with disabilities for appointment to boards,
commissions and policy level management and professional
positions;
(6) Studying and reporting on state agency programs and budgets
that affect individuals with disabilities;
(7) Informing individuals with disabilities where they may
obtain assistance in rehabilitation and employment and about laws
prohibiting discrimination in employment as a result of
disability;
(8) Cooperating with and assisting other interest groups in
rehabilitation and employment of individuals with disabilities
and encouraging public and private employers to undertake
affirmative action to assure equitable employment of individuals
with disabilities;
(9) Giving impetus and assistance to local community committees
and fostering a more equitable climate for rehabilitation and
equitable employment of individuals with disabilities;
(10) Promoting a continuous program of information and
education to employers and the general public so they are aware
of and sensitive to the needs and desires of individuals with
disabilities for equitable education and training that will
assure individuals with disabilities of their full vocational
potentials;
(11) Promoting a continuous information program for placement
of individuals with disabilities in suitable employment;
{ + and + }
(12) Coordinating and executing programs of the President's
Committee on Employment of the Handicapped, if any, and
participating with other groups in sponsoring suitable public
recognition programs for individuals with disabilities { + . + }
{ - ; and - }
{ - (13) Assisting members of the public and state agencies
in making agency programs available and accessible to individuals
who are deaf and hearing impaired. The Deaf and Hearing Impaired
Access Program shall perform the activities of this effort. - }
SECTION 16. ORS 192.630 is amended to read:
192.630. (1) All meetings of the governing body of a public
body shall be open to the public and all persons shall be
permitted to attend any meeting except as otherwise provided by
ORS 192.610 to 192.690.
(2) { - No - } { + A + } quorum of a governing body
{ - shall - } { + may not + } meet in private for the purpose
of deciding on or deliberating toward a decision on any matter
except as otherwise provided by ORS 192.610 to 192.690.
(3) A governing body { - shall - } { + may + } not hold a
meeting at any place where discrimination on the basis of race,
creed, color, sex, age, national origin or disability is
practiced. However, the fact that organizations with restricted
membership hold meetings at the place { - shall - }
{ + does + } not restrict its use by a public body if use of the
place by a restricted membership organization is not the primary
purpose of the place or its predominate use.
(4) Meetings of the governing body of a public body shall be
held within the geographic boundaries over which the public body
has jurisdiction, or at the administrative headquarters of the
public body or at the other nearest practical location. Training
sessions may be held outside the jurisdiction { - so - }
{ + as + } long as no deliberations toward a decision are
involved. A joint meeting of two or more governing bodies or of
one or more governing bodies and the elected officials of one or
more federally recognized Oregon Indian tribes shall be held
within the geographic boundaries over which one of the
participating public bodies or one of the Oregon Indian tribes
has jurisdiction or at the nearest practical location. Meetings
may be held in locations other than those described in this
subsection in the event of an actual emergency necessitating
immediate action.
(5)(a) It { - shall be considered - } { + is + }
discrimination on the basis of disability for a governing body of
a public body to meet in a place inaccessible to the disabled,
or, upon request of a
{ - hearing impaired - } { + deaf or hard-of-hearing + }
person, to fail to make a good faith effort to have an
interpreter for { - hearing impaired - } { + deaf or
hard-of-hearing + } persons provided at a regularly scheduled
meeting. The sole remedy for discrimination on the basis of
disability shall be as provided in ORS 192.680.
(b) The person requesting the interpreter shall give the
governing body at least 48 hours' notice of the request for an
interpreter, shall provide the name of the requester, sign
language preference and any other relevant information the
governing body may request.
(c) If a meeting is held upon less than 48 hours' notice,
reasonable effort shall be made to have an interpreter present,
but the requirement for an interpreter does not apply to
emergency meetings.
(d) If certification of interpreters occurs under state or
federal law, the { - Oregon Disabilities Commission - }
{ + Department of Human Services + } or other state or local
agency shall try to refer only certified interpreters to
governing bodies for purposes of this subsection.
(e) As used in this subsection, 'good faith effort ' includes,
but is not limited to, contacting the { - Oregon Disabilities
Commission - } { + department + } or other state or local
agency that maintains a list of qualified interpreters and
arranging for the referral of one or more such persons to provide
interpreter services.
SECTION 17. { + Sections 1 to 7 and 9 to 12 of this 2005 Act,
the amendments to ORS 185.110, 185.130, 185.150 and 192.630 by
sections 13 to 16 of this 2005 Act and the repeal of ORS 185.120,
185.160, 185.180, 185.220, 185.225 and 185.230 by section 18 of
this 2005 Act become operative on January 1, 2006. + }
SECTION 18. { + ORS 185.120, 185.160, 185.180, 185.220,
185.225 and 185.230 are repealed. + }
SECTION 19. { + This 2005 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2005 Act takes effect on
its passage. + }
----------