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 473
Senate Bill 176
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 Governor Theodore R.
Kulongoski for Office of the Governor)
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.
Prohibits discrimination against persons based on sexual
orientation in certain areas of law. Defines terms. Authorizes
enforcement of prohibition through civil action for actual and
punitive damages. Authorizes award of attorney fees in civil
proceedings for unlawful discrimination based on sexual
orientation. Permits Commissioner of Bureau of Labor and
Industries to enforce prohibition of unlawful practices based on
sexual orientation.
A BILL FOR AN ACT
Relating to discrimination based on sexual orientation; creating
new provisions; amending ORS 10.030, 20.107, 93.270, 179.750,
192.630, 240.306, 338.125, 353.100, 421.352, 430.550, 443.739,
458.505, 654.062, 659.850, 659A.001, 659A.003, 659A.006,
659A.030, 659A.403, 659A.406, 659A.409, 659A.421, 659A.424,
659A.805, 659A.815 and 659A.885; and repealing ORS 236.380.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 659A.001 is amended to read:
659A.001. As used in this chapter:
{ - (1) 'Bureau' means the Bureau of Labor and
Industries. - }
{ - (2) 'Commissioner' means the Commissioner of the Bureau
of Labor and Industries. - }
{ - (3) - } { + (1) + } 'Employee' does not include any
individual employed by the individual's parents, spouse or child
or in the domestic service of any person.
{ - (4) - } { + (2) + } 'Employer' means any person who in
this state, directly or through an agent, engages or uses the
personal service of one or more employees, reserving the right to
control the means by which { - such - } { + the + } service
is or will be performed.
{ - (5) - } { + (3) + } 'Employment agency' includes any
person undertaking to procure employees or opportunities to work.
{ - (6)(a) - } { + (4)(a) + } 'Familial status' means the
relationship between one or more individuals who have not
attained 18 years of age and who are domiciled with:
(A) A parent or another person having legal custody of the
individual; or
(B) The designee of the parent or other person having
{ - such - } { + legal + } custody { + of the individual + },
with the written permission of the parent or other person.
(b) 'Familial status' includes any individual, regardless of
age or domicile, who is pregnant or is in the process of securing
legal custody of an individual who has not attained 18 years of
age.
{ - (7) - } { + (5) + } 'Labor organization' includes any
organization which is constituted for the purpose, in whole or in
part, of collective bargaining or in dealing with employers
concerning grievances, terms or conditions of employment or of
other mutual aid or protection in connection with employees.
{ - (8) - } { + (6) + } 'National origin' includes
ancestry.
{ - (9) - } { + (7) + } 'Person' includes one or more
individuals, partnerships, associations, labor organizations,
limited liability companies, joint stock companies, corporations,
legal representatives, trustees, trustees in bankruptcy or
receivers. ' Person' also includes a public body as defined in
ORS 30.260.
{ - (10) - } { + (8) + } 'Respondent' means any person
against whom a complaint or charge of an unlawful practice is
filed with the Commissioner { + of the Bureau of Labor and
Industries + } or whose name has been added to { - such - }
{ + the + } complaint or charge pursuant to ORS 659A.835.
{ + (9) 'Sexual orientation' means actual or perceived
homosexuality, heterosexuality or bisexuality. + }
{ - (11) - } { + (10) + } 'Unlawful employment practice'
means a practice specifically denominated as an unlawful
employment practice in this chapter. 'Unlawful employment
practice' includes a practice that is specifically denominated in
another statute of this state as an unlawful employment practice
and that is specifically made subject to enforcement under this
chapter.
{ - (12) - } { + (11) + } 'Unlawful practice' means any
unlawful employment practice or any other practice specifically
denominated as an unlawful practice in this chapter. 'Unlawful
practice ' includes a practice that is specifically denominated
in another statute of this state as an unlawful practice and that
is specifically made subject to enforcement under this chapter,
or a practice that violates a rule adopted by the commissioner
for the enforcement of the provisions of this chapter.
SECTION 2. ORS 659A.003 is amended to read:
659A.003. The purpose of this chapter is to encourage the
fullest utilization of { + the + } available { - manpower - }
{ + workforce + } by removing arbitrary standards of race,
religion, color, sex, { + sexual orientation, + } marital
status, national origin or age as a barrier to employment of the
inhabitants of this state, and to ensure the human dignity of all
people within this state and protect their health, safety and
morals from the consequences of intergroup hostility, tensions
and practices of discrimination of any kind based on race,
religion, color, sex, { + sexual orientation, + }marital status
or national origin. To accomplish this purpose, the Legislative
Assembly intends by this chapter to provide:
(1) A program of public education calculated to eliminate
attitudes upon which practices of discrimination because of race,
religion, color, sex, { + sexual orientation, + }marital status
or national origin are based.
(2) An adequate remedy for persons aggrieved by certain acts of
discrimination because of race, religion, color, sex, { + sexual
orientation, + }marital status or national origin or
unreasonable acts of discrimination in employment based upon age.
(3) An adequate administrative machinery for the orderly
resolution of complaints of discrimination through a procedure
involving investigation, conference, conciliation and persuasion;
to encourage the use in good faith of { - such - }
{ + the + } machinery by all parties to a complaint of
discrimination; and to discourage unilateral action which makes
moot the outcome of final administrative or judicial
determination on the merits of { - such a - } { + the + }
complaint.
SECTION 3. ORS 659A.006 is amended to read:
659A.006. (1) It is declared to be the public policy of Oregon
that practices of discrimination against any of its inhabitants
because of race, religion, color, sex, { + sexual orientation,
+ }marital status, national origin, age or disability are a
matter of state concern and that { - such - } { + the + }
discrimination threatens not only the rights and privileges of
its inhabitants but menaces the institutions and foundation of a
free democratic state.
(2) The opportunity to obtain employment without discrimination
because of race, religion, color, sex, { + sexual orientation,
+ }marital status, national origin, age or disability hereby is
recognized as and declared to be a civil right. However, this
section { - shall - } { + may + } not be construed to prevent
a bona fide church or sectarian religious institution, including
but not limited to a school, hospital or church camp, from
preferring an employee or applicant for employment of one
religious sect or persuasion over another when:
(a) That religious sect or persuasion to which the employee or
applicant belongs is the same as that of { - such - }
{ + the + } church or institution;
(b) In the opinion of { - such bona fide - } { + the + }
church or
{ - sectarian religious - } institution, { - such a - }
{ + the + } preference will best serve the purposes of
{ - such - } { + the + } church or institution; and
(c) The employment involved is closely connected with or
related to the primary purposes of the church or institution and
is not connected with a commercial or business activity which has
no necessary relationship to the church or institution, or to its
primary purposes.
SECTION 4. ORS 659A.030 is amended to read:
659A.030. (1) It is an unlawful employment practice:
(a) For an employer, because of an individual's race, religion,
color, sex, { + sexual orientation, + }national origin, marital
status or age if the individual is 18 years of age or
older { + , + } or because of the race, religion, color, sex,
{ + sexual orientation, + } national origin, marital status or
age of any other person with whom the individual associates, or
because of { - a - } { + an individual's + } juvenile record
{ - , - } that has been expunged pursuant to ORS 419A.260 and
419A.262, { - of any individual, - } to refuse to hire or
employ or to bar or discharge { + the individual + } from
employment { - such individual - } . However, discrimination is
not an unlawful employment practice if { - such - }
{ + the + } discrimination results from a bona fide occupational
{ - requirement - } { + qualification + } reasonably necessary
to the normal operation of the employer's business.
(b) For an employer, because of an individual's race, religion,
color, sex, { + sexual orientation, + }national origin, marital
status or age if the individual is 18 years of age or older, or
because of the race, religion, color, sex, { + sexual
orientation, + } national origin, marital status or age of any
other person with whom the individual associates, or because of
{ - a - } { + an individual's + } juvenile record { - , - }
that has been expunged pursuant to ORS 419A.260 and 419A.262,
{ - of any individual, - } to discriminate against
{ - such - } { + the + } individual in compensation or in
terms, conditions or privileges of employment.
(c) For a labor organization, because of an individual's race,
religion, color, sex, { + sexual orientation, + } national
origin, marital status or age if the individual is 18 years of
age or older { + , + } or because of { - a - } { + an
individual's + } juvenile record { - , - } that has been
expunged pursuant to ORS 419A.260 and 419A.262, { - of any
individual - } to exclude or to expel from its membership
{ - such - } { + the + } individual or to discriminate in any
way against { - any such - } { + the + } individual or any
other person.
(d) For any employer or employment agency to print or circulate
or cause to be printed or circulated any statement, advertisement
or publication, or to use any form of application for employment
or to make any inquiry in connection with prospective employment
{ - which - } { + that + } expresses directly or indirectly
any limitation, specification or discrimination as to an
individual's race, religion, color, sex, { + sexual
orientation, + } national origin, marital status or age if the
individual is 18 years of age or older { + , + } or on the basis
of an expunged juvenile record, or any intent to make { - any
such - } { + the + } limitation, specification or
discrimination, unless based upon a bona fide occupational
qualification. { - But identifying - } { + Identification
of + } employees according to race, religion, color, sex,
{ + sexual orientation, + }national origin, marital status, or
age does not violate this section unless the Commissioner of the
Bureau of Labor and Industries, after a hearing conducted
pursuant to ORS 659A.805, determines that { - such a - }
{ + the + } designation expresses an intent to limit, specify or
discriminate on the basis of race, religion, color, sex,
{ + sexual orientation, + }national origin, marital status or
age.
(e) For an employment agency { + , because of an individual's
race, religion, color, sex, sexual orientation, national origin,
marital status or age if the individual is 18 years of age or
older, or because of the race, religion, color, sex, sexual
orientation, national origin, marital status or age of any other
person with whom the individual associates, or because of an
individual's juvenile record that has been expunged pursuant to
ORS 419A.260 and 419A.262, + } to classify or refer for
employment, or to fail or refuse to refer for employment, or
otherwise to discriminate against any individual { - : - }
{ + . + }
{ - (A) On the basis of the individual's race, color,
national origin, sex, religion, marital status or age, if the
individual is 18 years of age or older; - }
{ - (B) Because of the race, color, national origin, sex,
religion, marital status or age of any other person with whom the
individual associates; or - }
{ - (C) Because of a juvenile record, that has been expunged
pursuant to ORS 419A.260 and 419A.262. - } However, it is not an
unlawful employment practice for an employment agency to classify
or refer for employment any individual { - where such - }
{ + when the + } classification or referral results from a bona
fide occupational
{ - requirement - } { + qualification + } reasonably
necessary to the normal operation of the employer's business.
(f) For any person to discharge, expel or otherwise
discriminate against any other person because that other person
has opposed any unlawful practice, or because that other person
has filed a complaint, testified or assisted in any proceeding
under this chapter or has attempted to do so.
(g) For any person, whether an employer or an employee, to aid,
abet, incite, compel or coerce the doing of any of the acts
forbidden under this chapter or to attempt to do so.
(2) The provisions of this section apply to an apprentice under
ORS chapter 660, but the selection of an apprentice on the basis
of the ability to complete the required apprenticeship training
before attaining the age of 70 years is not an unlawful
employment practice. The commissioner shall administer this
section with respect to apprentices under ORS chapter 660 equally
with regard to all employees and labor organizations.
(3) The compulsory retirement of employees required by law at
any age is not an unlawful employment practice if lawful under
federal law.
(4)(a) It is not an unlawful employment practice for an
employer or labor organization to provide or make financial
provision for child care services of a custodial or other nature
to its employees or members who are responsible for a minor
child.
(b) As used in this subsection, 'responsible for a minor child'
means having custody or legal guardianship of a minor child or
acting in loco parentis to the child.
SECTION 5. ORS 659A.403 is amended to read:
659A.403. (1) Except as provided in subsection (2) of this
section, all persons within the jurisdiction of this state are
entitled to the full and equal accommodations, advantages,
facilities and privileges of any place of public accommodation,
without any distinction, discrimination or restriction on account
of race, religion, { + color, + } sex, { + sexual orientation,
+ }marital status,
{ - color, - } national origin or age if the individual is 18
years of age or older.
(2) Subsection (1) of this section does not prohibit:
(a) The enforcement of laws governing the consumption of
alcoholic beverages by minors and the frequenting by minors of
places of public accommodation where alcoholic beverages are
served; or
(b) The offering of special rates or services to persons 55
years of age or older.
(3) It is an unlawful practice for any person to deny full and
equal accommodations, advantages, facilities and privileges of
any place of public accommodation in violation of this section.
SECTION 6. ORS 659A.406 is amended to read:
659A.406. Except as otherwise authorized by ORS 659A.403, it is
an unlawful practice for any person to aid or abet any place of
public accommodation, as defined in ORS 659A.400, or any person
acting on behalf of { - such - } { + the + } place { + of
public accommodation + } to make any distinction, discrimination
or restriction on account of race, religion, color, sex,
{ + sexual orientation, + }marital status, national origin or
age if the individual is 18 years of age or older.
SECTION 7. ORS 659A.409 is amended to read:
659A.409. Except as provided by laws governing the consumption
of alcoholic beverages by minors and the frequenting by minors of
places of public accommodation where alcoholic beverages are
served, and except for special rates or services offered to
persons 55 years of age or older, it is an unlawful practice for
any person acting on behalf of any place of public accommodation
as defined in ORS 659A.400 to publish, circulate, issue or
display, or cause to be published, circulated, issued or
displayed, any communication, notice, advertisement or sign of
any kind to the effect that any of the accommodations,
advantages, facilities, services or privileges of { - such - }
{ + the + } place of public accommodation will be refused,
withheld from or denied to, or that any discrimination will be
made against, any person on account of race, religion,
{ + color, + } sex, { + sexual orientation, + }marital status,
{ - color, - } national origin or age if the individual is 18
years of age or older.
SECTION 8. ORS 659A.421 is amended to read:
659A.421. (1) { - No - } { + A + } person { - shall - }
{ + may not + }, because of race, color, sex, { + sexual
orientation, + }marital status, source of income, familial
status, religion or national origin of any person:
(a) Refuse to sell, lease or rent any real property to a
purchaser.
(b) Expel a purchaser from any real property.
(c) Make any distinction, discrimination or restriction against
a purchaser in the price, terms, conditions or privileges
relating to the sale, rental, lease or occupancy of real property
or in the furnishing of any facilities or services in connection
therewith.
(d) Attempt to discourage the sale, rental or lease of any real
property to a purchaser.
(e) Publish, circulate, issue or display, or cause to be
published, circulated, issued or displayed, any communication,
notice, advertisement or sign of any kind relating to the sale,
rental or leasing of real property { - which - } { + that + }
indicates any preference, limitation, specification or
discrimination based on race, color, sex, { + sexual
orientation, + }marital status, source of income, { + familial
status, + } religion or national origin.
(f) Assist, induce, incite or coerce another person to commit
an act or engage in a practice that violates this subsection and
subsection (3) of this section.
(g) Coerce, intimidate, threaten or interfere with any person
in the exercise or enjoyment of, or on account of having aided or
encouraged any other person in the exercise of, any right granted
or protected by this section.
(2)(a) { - No - } { + A + } person whose business includes
engaging in residential real estate related transactions
{ - shall - } { + may not + } discriminate against any person
in making { + a transaction + } available
{ - such a transaction, - } or in the terms or conditions of
{ - such a - } { + the + } transaction, because of race, color,
sex, { + sexual orientation, + } marital status, source of
income, familial status, religion or national origin.
(b) As used in this subsection, 'residential real estate
related transaction' means any of the following:
(A) The making or purchasing of loans or providing other
financial assistance:
(i) For purchasing, constructing, improving, repairing or
maintaining a dwelling; or
(ii) For securing residential real estate; or
(B) The selling, brokering or appraising of residential real
property.
(3) { - No - } { + A + } real estate licensee
{ - shall - } { + may not + } accept or retain a listing of
real property for sale, lease or rental with an understanding
that a purchaser may be discriminated against with respect to the
sale, rental or lease thereof because of race, color, sex,
{ + sexual orientation, + }marital status, source of income,
familial status, religion or national origin.
(4) { - No - } { + A + } person { - shall - } { + may
not + }, for profit, induce or attempt to induce any other person
to sell or rent any dwelling by representations regarding the
entry or prospective entry into the neighborhood of a person or
persons of a particular race, color, sex, { + sexual
orientation, + }marital status, source of income, familial
status, religion or national origin.
(5) For purposes of subsections (1) to (4) of this section, '
source of income' does not include federal rent subsidy payments
under 42 U.S.C. 1437f, income from specific occupations or income
derived in an illegal manner.
(6) Subsections (1) and (3) of this section do not apply with
respect to sex distinction, discrimination or restriction if the
real property involved is such that the application of
subsections (1) and (3) of this section would necessarily result
in common use of bath or bedroom facilities by unrelated persons
of opposite sex.
(7)(a) This section does not apply to familial status
distinction, discrimination or restriction with respect to
housing for older persons.
(b) As used in this subsection, 'housing for older persons '
means housing:
(A) Provided under any state or federal program that is
specifically designed and operated to assist elderly persons, as
defined by the state or federal program;
(B) Intended for, and solely occupied by, persons 62 years of
age or older; or
(C) Intended and operated for occupancy by at least one person
55 years of age or older per unit. Housing qualifies as housing
for older persons under this subparagraph if:
(i) At least 80 percent of the dwellings are occupied by at
least one person 55 years of age or older per unit; and
(ii) Policies and procedures { - which - } { + that + }
demonstrate an intent by the owner or manager to provide housing
for persons 55 years of age or older are published and adhered
to.
(c) Housing { - shall - } { + does + } not fail to meet the
requirements for housing for older persons if:
(A) Persons residing in { - such - } { + the + } housing as
of September 13, 1988, do not meet the requirements of paragraph
(b)(B) or (C) of this subsection. However, new occupants of such
housing shall meet the age requirements of paragraph (b)(B) or
(C) of this subsection; or
(B) The housing includes unoccupied units { - . However,
such - } { + if the + } units are reserved for occupancy by
persons who meet the age requirements of paragraph (b)(B) or (C)
of this subsection.
(d) Nothing in this section limits the applicability of any
reasonable local, state or federal restrictions regarding the
maximum number of occupants permitted to occupy a dwelling.
(8) In the sale, lease or rental of real estate, { - no - }
{ + a + } person { - shall - } { + may not + } disclose to
any person that an occupant or owner of real property has or died
from human immunodeficiency virus or acquired immune deficiency
syndrome.
(9) The provisions of subsection (1)(a) to (d) and (f) of this
section that prohibit actions based upon familial
status { + , + }
{ - or - } sex { + or sexual orientation + } do not apply to
the renting of space within a single-family residence if the
owner actually maintains and occupies the residence as the
owner's primary residence and all occupants share some common
space within the residence.
(10) Any violation of this section is an unlawful practice.
SECTION 9. ORS 659A.424 is amended to read:
659A.424. (1) As used in this section:
(a) 'Facially neutral housing policy' means a guideline,
practice, rule, or screening or admission criterion regarding a
real property transaction that applies equally to all persons.
(b) 'Protected class' means a group of persons distinguished by
race, color, sex, { + sexual orientation, + } marital status,
source of income, familial status, religion, national origin or
disability.
(c) 'Real property transaction' means an act described in ORS
659A.145 or 659A.421 involving the renting or leasing of
residential real property subject to ORS chapter 90.
(2) A court or the Commissioner of the Bureau of Labor and
Industries may find that a person has violated ORS 659A.145 or
659A.421 if:
(a) The person applies a facially neutral housing policy to a
member of a protected class in a real property transaction
involving a residential tenancy subject to ORS chapter 90; and
(b) Application of the policy adversely impacts members of the
protected class to a greater extent than the policy adversely
impacts persons generally.
(3) In determining under subsection (2) of this section whether
a violation has occurred and, if so, what relief should be
granted, a court or the commissioner shall consider:
(a) The significance of the adverse impact on the protected
class;
(b) The importance and necessity of any business purpose for
the facially neutral housing policy; and
(c) The availability of less discriminatory alternatives for
achieving the business purpose for the facially neutral housing
policy.
SECTION 10. ORS 659A.805 is amended to read:
659A.805. (1) In accordance with any applicable provision of
ORS chapter 183, the Commissioner of the Bureau of Labor and
Industries may adopt reasonable rules:
(a) Establishing what acts and communications constitute a
notice, sign or advertisement that public accommodation or real
property will be refused, withheld from, or denied to any person
or that discrimination will be made against the person because of
race, religion, sex, { + sexual orientation, + }marital status,
color, national origin or { - , - } { + :
(A) + } With respect to public accommodation, age.
{ + (B) With respect to real property, familial status. + }
(b) Establishing what inquiries in connection with employment
and prospective employment express a limitation, specification or
discrimination as to race, religion, color, sex, { + sexual
orientation, + } national origin or age.
(c) Establishing what inquiries in connection with employment
and prospective employment soliciting information as to race,
religion, color, sex, { + sexual orientation, + } national
origin or age are based on bona fide { - job - }
{ + occupational + } qualifications.
(d) For internal operation and practice and procedure before
the commissioner under this chapter.
(e) Covering any other matter required to carry out the
purposes of this chapter.
(2) In adopting rules under this section the commissioner shall
consider the following factors, among others:
(a) The relevance of information requested to job performance
in connection with which it is requested.
(b) Available reasonable alternative ways of obtaining
requested information without soliciting responses as to race,
religion, color, sex, { + sexual orientation, + }marital
status, national origin or age.
(c) Whether a statement or inquiry soliciting information as to
race, religion, color, sex, { + sexual orientation, + } marital
status, national origin or age communicates an idea independent
of an intention to limit, specify or discriminate as to race,
religion, color, sex, { + sexual orientation, + }marital
status, national origin or age.
(d) Whether the independent idea communicated is relevant to a
legitimate objective of the kind of transaction { - which - }
{ + that + } it contemplates.
(e) The ease with which the independent idea relating to a
legitimate objective of the kind of transaction contemplated
could be communicated without connoting an intention to
discriminate as to race, religion, color, sex, { + sexual
orientation, + } marital status, national origin or age.
SECTION 11. ORS 659A.815 is amended to read:
659A.815. (1) The Commissioner of the Bureau of Labor and
Industries shall create { - such - } advisory agencies and
intergroup-relations councils { - , local, regional or
statewide, as in the judgment of - } { + that + } the
commissioner { + believes + } will aid in effectuating the
purposes of this chapter. The commissioner may empower
{ - them - } { + an advisory agency or council + }:
(a) To study the problems of discrimination in all or specific
fields of human relationships or in specific instances of
discrimination because of race, religion, color, sex { + , sexual
orientation + } or national origin.
(b) To foster, through community effort or otherwise, goodwill,
cooperation and conciliation among the groups and elements of the
population of the state.
(c) To make recommendations to the commissioner for the
development of policies and procedures in general and in specific
instances, and for programs of formal and informal education.
(2) { - Such - } { + The + } advisory agencies and councils
shall be composed of representative citizens, serving without
pay, but with reimbursement for actual and necessary expenses in
accordance with laws and regulations governing state officers.
(3) The commissioner may make provision for technical and
clerical assistance to { - such - } { + advisory + } agencies
and councils and for the expenses of { - such - } { + the + }
assistance.
SECTION 12. ORS 659A.885 is amended to read:
659A.885. (1) Any individual claiming to be aggrieved by an
unlawful practice specified in subsection (2) of this section may
file a civil action in circuit court. In any action under this
subsection, the court may order injunctive relief and
{ - such - } { + any + } other equitable relief { - as - }
{ + that + } may be appropriate, including but not limited to
reinstatement or the hiring of employees with or without back
pay. A court may order back pay in an action under this
subsection only for the two-year period immediately preceding the
filing of a complaint under ORS 659A.820 with the Commissioner of
the Bureau of Labor and Industries, or if a complaint was not
filed before the action was commenced, the two-year period
immediately preceding the filing of the action. In any action
under this subsection, the court may allow the prevailing party
costs and reasonable attorney fees at trial and on appeal. Except
as provided in subsection (3) of this section:
(a) The judge shall determine the facts in an action under this
subsection; and
(b) Upon any appeal of a judgment in an action under this
subsection, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (3).
(2) An action may be brought under subsection (1) of this
section for the following unlawful practices: ORS 25.337, 25.424,
399.235, 659A.030, 659A.040, 659A.043, 659A.046, 659A.063,
659A.069, 659A.100 to 659A.145, 659A.150 to 659A.186, 659A.194,
659A.203, 659A.218, 659A.230, 659A.233, 659A.236, 659A.250 to
659A.262, 659A.300, 659A.306, 659A.309, 659A.318 and 659A.421 (1)
or (3).
(3) In any action under subsection (1) of this section alleging
a violation of ORS 25.337, 25.424, 659A.040, 659A.043, 659A.046,
659A.069, 659A.100 to 659A.145, 659A.230, 659A.250 to 659A.262,
659A.318 or 659A.421 (1) or (3):
(a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory damages or
$200, whichever is greater, and punitive damages;
(b) At the request of any party, the action shall be tried to a
jury;
(c) Upon appeal of any judgment finding a violation, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1); and
(d) Any attorney fee agreement shall be subject to approval by
the court.
(4) In any action under subsection (1) of this section alleging
a violation of ORS 659A.203 or 659A.218, the court may award, in
addition to the relief authorized under subsection (1) of this
section, compensatory damages or $250, whichever is greater.
(5) Any individual against whom any distinction, discrimination
or restriction on account of race, religion, sex, { + sexual
orientation, + }marital status, color, national origin or age
{ - , - } if the individual is 18 years of age or older, has
been made by any place of public accommodation, as defined in ORS
659A.400, by any person acting on behalf of { - such - }
{ + the + } place or by any person aiding or abetting
{ - such - } { + the + } place or person in violation of ORS
659A.406 { + , + } may bring an action against the operator or
manager of { - such - } { + the + } place, the employee or
person acting on behalf of { - such - } { + the + } place or
the aider or abettor of
{ - such - } { + the + } place or person. Notwithstanding
subsection (1) of this section, in an action under this
subsection:
(a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory and punitive
damages;
(b) The operator or manager of the place of public
accommodation, the employee or person acting on behalf of the
place, and any aider or abettor shall be jointly and severally
liable for all damages awarded in the action;
(c) At the request of any party, the action shall be tried to a
jury;
(d) The court shall award reasonable attorney fees to a
prevailing plaintiff;
(e) The court may award reasonable attorney fees and expert
witness fees incurred by a defendant who prevails only if the
court determines that the plaintiff had no objectively reasonable
basis for asserting a claim or no reasonable basis for appealing
an adverse decision of a trial court; and
(f) Upon any appeal of a judgment under this subsection, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1).
SECTION 13. ORS 659.850 is amended to read:
659.850. (1) As used in this section, 'discrimination ' means
any act that unreasonably differentiates treatment, intended or
unintended, or any act that is fair in form but discriminatory in
operation, either of which is based on age, disability, national
origin, race, marital status, religion { + , + } { - or - }
sex { + or sexual orientation + }.
(2) { - No - } { + A + } person in Oregon { - shall - }
{ + may not + } be subjected to discrimination in any public
elementary, secondary or community college education program or
service, school or interschool activity or in any higher
education program or service, school or interschool activity
{ - where - } { + when + } the program, service, school or
activity is financed in whole or in part by moneys appropriated
by the Legislative Assembly.
(3) The State Board of Education and the State Board of Higher
Education shall establish rules necessary to { - insure - }
{ + ensure + } compliance with subsection (2) of this section in
the manner required by ORS chapter 183.
SECTION 14. ORS 179.750 is amended to read:
179.750. (1) Discrimination may not be made in the admission,
accommodation, care, education or treatment of any person in a
state institution because the person does or does not contribute
to the cost of the care.
(2) Discrimination may not be made in the provision of or
access to educational facilities and services and recreational
facilities and services to any person in the state institutions
enumerated in ORS 420.005 or Department of Corrections
institutions as defined in ORS 421.005 on the basis of race,
religion, sex, { + sexual orientation, + } marital status or
national origin of the person. This subsection does not require
combined domiciliary facilities at the state institutions to
which it applies.
SECTION 15. 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, { + sexual orientation, + } 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 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 - } { + is + } considered
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 person, to fail to make a
good faith effort to have an interpreter for hearing impaired
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 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 or other state or local agency that maintains a list
of qualified interpreters and arranging for the referral of one
or more { - such persons - } { + qualified interpreters + }
to provide interpreter services.
SECTION 16. ORS 240.306 is amended to read:
240.306. (1) Recruiting, selecting and promoting employees
shall be on the basis of their relative ability, knowledge,
experience and skills, determined by open competition and
consideration of qualified applicants, without regard to an
individual's race, color, religion, sex, { + sexual
orientation, + } marital status, national origin, political
affiliation, age, disability or other nonjob related factors,
with proper regard for an individual's privacy. { - Nothing in
this subsection shall be construed to - } { + This subsection
does not + } enlarge or diminish the obligation of the state or
the rights of employees concerning claims of employment
discrimination as prescribed by applicable state and federal
employment discrimination laws.
(2) The Oregon Department of Administrative Services shall
establish procedures to provide for statewide open recruitment
and selection for classifications { - which - } { + that + }
are common to state agencies. { - Such - } { + The + }
procedures shall include adequate public notice, affirmative
action to seek out underutilized members of protected minorities,
and job related testing. The department may delegate to
individual operating agencies the responsibility for recruitment
and selection of classifications { - where - } { + when + }
appropriate.
(3) Competition for appropriate positions may be limited to
facilitate employment of those with a substantial disability or
who are economically disadvantaged, or for purposes of
implementing a specified affirmative action program.
(4) Appointments to positions in state service shall be made on
the basis of qualifications and merit by selection from eligible
lists established by the department or a delegated operating
agency.
(5)(a) Noncompetitive selection and appointment procedures may
be used for unskilled or semiskilled positions, or
{ - where - } { + when + } job related ranking measures are not
practical or appropriate.
(b) Noncompetitive selection and appointment or direct
appointment also may be used by agency appointing authorities to
fill positions that:
(A) Require special or unique skills such as expert
professional level or executive positions; or
(B) Have critical timing requirements affecting recruitment.
(6) Minimum qualifications and performance requirements and
duties of a classification may be appropriately modified to
permit the appointment and promotion of trainees to positions
normally filled at full proficiency level.
(7) The department or delegated agencies shall establish
systems to provide opportunities for promotion through
meritorious service, training, education and career development
assignments. The department shall certify to the eligibility of
persons selected for promotion or delegate that responsibility to
operating agencies in appropriate situations. Provision shall be
made to bring persons into state service through open competition
at higher levels { - where such - } { + when the + }
competition provides abilities not available among existing
employees, enrich state service or contribute to improved
employment opportunity for underrepresented groups.
SECTION 17. ORS 338.125 is amended to read:
338.125. (1) Student enrollment in a public charter school
shall be voluntary. All students who reside within the school
district where the public charter school is located are eligible
for enrollment at a public charter school. If the number of
applications from students who reside within the school district
exceeds the capacity of a program, class, grade level or
building, the public charter school shall select students through
an equitable lottery selection process. However, after a public
charter school has been in operation for one or more years, the
public charter school may give priority for admission to
students:
(a) Who were enrolled in the school in the prior year; or
(b) Who have siblings who are presently enrolled in the school
and who were enrolled in the school in the prior year.
(2) If space is available a public charter school may admit
students who do not reside in the school district in which the
public charter school is located.
(3) A public charter school may not limit student admission
based on ethnicity, national origin, race, religion, disability,
gender, { + sexual orientation, + } income level, proficiency in
the English language or athletic ability, but may limit admission
to students within a given age group or grade level.
(4) A public charter school may conduct fund-raising
activities. However, a public charter school { - shall - }
{ + may + } not require a student to participate in fund-raising
activities as a condition of admission to the public charter
school.
SECTION 18. ORS 430.550 is amended to read:
430.550. { - No - } { + A + } person, otherwise eligible,
{ - shall - } { + may not + } be denied evaluation or
treatment under ORS 430.450 to 430.555 on account of age, sex,
{ + sexual orientation, + } race, nationality, religious
preference or ability to pay.
SECTION 19. ORS 443.739 is amended to read:
443.739. Residents of adult foster homes have the
{ - following - } rights { + described in a Residents' Bill of
Rights + }. Providers shall guarantee these rights and help
residents exercise them. The provider shall post a copy of the
Residents' Bill of Rights in the entry or other equally prominent
place in the adult foster home. The Residents' Bill of Rights
states that each resident of an adult foster home has the right
to:
(1) Be treated as an adult, with respect and dignity.
(2) Be informed of all resident rights and all house rules.
(3) Be encouraged and assisted to exercise legal rights,
including the right to vote.
(4) Be informed of the resident's medical condition and the
right to consent to or refuse treatment.
(5) Receive appropriate care and services, and prompt medical
care as needed.
(6) A safe and secure environment.
(7) Be free from mental and physical abuse.
(8) Be free from chemical or physical restraints except as
ordered by a physician or other qualified practitioner.
(9) Complete privacy when receiving treatment or personal care.
(10) Associate and communicate privately with any person the
resident chooses.
(11) Send and receive personal mail unopened.
(12) Participate in activities of social, religious and
community groups.
(13) Have medical and personal information kept confidential.
(14) Keep and use a reasonable amount of personal clothing and
belongings, and to have a reasonable amount of private, secure
storage space.
(15) Manage the resident's own money and financial affairs
unless legally restricted.
(16) Be free from financial exploitation. The provider
{ - shall - } { + may + } not charge or ask for application
fees or nonrefundable deposits and { - shall - } { + may + }
not solicit, accept or receive money or property from a resident
other than the amount agreed to for services.
(17) A written agreement regarding the services to be provided
and the rate schedule to be charged. The provider must give 30
days' written notice before any change in the rates or the
ownership of the home.
(18) Not to be transferred or moved out of the adult foster
home without 30 days' advance written notice and an opportunity
for a hearing. A provider may transfer or discharge a resident
only for medical reasons including a medical emergency described
in ORS 443.738 (11)(b), or for the welfare of the resident or
other residents, or for nonpayment.
(19) Be free of discrimination in regard to race, color,
national origin, sex { + , sexual orientation + } or religion.
(20) Make suggestions and complaints without fear of
retaliation.
SECTION 20. ORS 458.505 is amended to read:
458.505. (1) The community action agency network, established
initially under the federal Economic Opportunity Act of 1964,
shall be the delivery system for federal antipoverty programs in
Oregon, including the Community Services Block Grant, Low Income
Energy Assistance Program, State Department of Energy
Weatherization Program and { - such others as - } { + any
other programs that + }may become available.
(2) Funds for { - such - } { + the + } programs shall be
distributed to the community action agencies by the Housing and
Community Services Department with the advice of the Community
Action Directors of Oregon.
(3) In areas not served by a community action agency, funds
other than federal community services funds may be distributed to
and administered by organizations that are found by the Housing
and Community Services Department to serve the antipoverty
purpose of the community action agency network.
(4) In addition to complying with all applicable requirements
of federal law, a community action agency shall:
(a) Be an office, division or agency of the designating
political subdivision or a not for profit organization in
compliance with ORS chapter 65.
(b) Have a community action board of at least nine but no more
than 33 members, constituted so that:
(A) One-third of the members of the board are elected public
officials currently serving or their designees. If the number of
elected officials reasonably available and willing to serve is
less than one-third of the membership, membership of appointed
public officials may be counted as meeting the one-third
requirement;
(B) At least one-third of the members are persons chosen
through democratic selection procedures adequate to
{ - assure - } { + ensure + } that they are representatives of
the poor in the area served; and
(C) The remainder of the members are officials or members of
business, industry, labor, religious, welfare, education or other
major groups and interests in the community.
(c) If the agency is a private not for profit organization, be
governed by the Community Action Board. The board shall have all
duties, responsibilities and powers normally associated with such
boards, including, but not limited to:
(A) Selection, appointment and dismissal of the executive
director of the agency;
(B) Approval of all contracts, grant applications and budgets
and operational policies of the agency;
(C) Evaluation of programs; and
(D) Securing an annual audit of the agency.
(d) If the organization is an office, division or agency of a
political subdivision, be administered by the board { + , + }
which shall provide for the operation of the agency and be
directly responsible to the governing board of the political
subdivision. The administering board at a minimum, shall:
(A) Review and approve program policy;
(B) Be involved in and consulted on the hiring and firing of
the agency director;
(C) Monitor and evaluate program effectiveness;
(D) Ensure the effectiveness of community involvement in the
planning process; and
(E) Assume all duties delegated to it by the governing board.
(e) Have a clearly defined, specified service area. Community
action service areas { - shall - } { + may + } not overlap.
(f) Have an accounting system { - which - } { + that + }
meets generally accepted accounting principles and be so
certified by an independent certified accountant.
(g) Provide assurances against the use of government funds for
political activity by the community action agency.
(h) Provide assurances that { - no - } { + a + } person
{ - shall - } { + may not + }, on the grounds of race, color,
national origin { + , + } { - or - } sex { - , - } { + or
sexual orientation, + } be excluded from participation in, be
denied the benefits of or be subjected to discrimination under
any program or activity funded in whole or in part with funds
made available through the community action program.
(i) Provide assurances the community action agency shall comply
with any prohibition against discrimination on the basis of age
under the Age Discrimination Act of 1975 or with respect to an
otherwise qualified individual with disabilities as provided in
section 504 of the Rehabilitation Act of 1973.
(5) For the purposes of this section, the Oregon Human
Development Corporation is eligible to receive federal community
service funds and low-income energy assistance funds.
(6) The Housing and Community Services Department shall:
(a) Administer federal and state antipoverty programs.
(b) Apply for all available antipoverty funds on behalf of
eligible entities as defined in this section.
(c) In conjunction with the Community Action Directors of
Oregon, develop a collaborative role in advocating for, and
addressing the needs of, all low income Oregonians.
(d) Biennially produce and make available to the public a
status report on efforts by it and state agencies to reduce the
incidence of poverty in Oregon. This report shall contain figures
regarding the numbers and types of persons living in poverty in
Oregon.
(e) On a regular basis provide information to the Community
Action Directors of Oregon on the activities and expenditures of
the Housing and Community Services Department.
(f) As resources are available, provide resources for technical
assistance, training and program assistance to eligible entities.
(g) As resources are available, provide resources for the
training and technical assistance needs of the Community Action
Directors of Oregon.
(h) Conduct a planning process to meet the needs of low income
people in Oregon. That process shall fully integrate the Oregon
Human Development Corporation into the antipoverty delivery
system. The planning process shall include development of a plan
for minimum level of services and funding for low income migrant
and seasonal farmworkers from the antipoverty programs
administered by the agency.
(i) Limit its administrative budget in an effort to maximize
the availability of antipoverty federal and state funds for
expenditures by local eligible entities.
SECTION 21. ORS 654.062 is amended to read:
654.062. (1) Every employee should notify the employer of any
violation of law, regulation or standard pertaining to safety and
health in the place of employment when the violation comes to the
knowledge of the employee.
(2) However, any employee or representative of the employee may
complain to the Director of the Department of Consumer and
Business Services or any authorized representatives of the
director of any violation of law, regulation or standard
pertaining to safety and health in the place of employment,
whether or not the employee also notifies the employer.
(3) Upon receiving any employee complaint, the director shall
make { - such - } { + the + } inquiries, inspections and
investigations { - as - } { + that + } the director considers
reasonable and appropriate. { - Where - } { + When + } an
employee has complained in writing of an alleged violation and
{ - no resulting - } { + the director has not issued a + }
citation { - is issued - } to the employer { + for a
violation + }, the director shall furnish to the employee or
representative of the employee, upon written request, a statement
of reasons for the decision.
(4) The director shall establish procedures for keeping
confidential the identity of any employee who requests { - such
protection - } { + confidentiality + } in writing. { - Where
such - } { + When + } a request has been made, neither a
written complaint from an employee, or representative of the
employee, nor a memorandum containing the identity of a
complainant { - shall be construed as a public record - }
{ + may be disclosed + } under ORS 192.210 to 192.505 { - and
192.610 to 192.990 - } .
(5)(a) It is an unlawful employment practice for any person to
bar or discharge from employment or otherwise discriminate
against any employee or prospective employee because
{ - such - } { + the + } employee has opposed any practice
forbidden by ORS 654.001 to 654.295 and 654.750 to 654.780, made
any complaint or instituted or caused to be instituted any
proceeding under or related to ORS 654.001 to 654.295 and 654.750
to 654.780, or has testified or is about to testify in { - any
such - } { + the + } proceeding, or because of the exercise
{ - of such - } { + by the + } employee on behalf of the
employee or others of any right afforded by ORS 654.001 to
654.295 and 654.750 to 654.780.
(b) Any employee or prospective employee who believes that the
employee has been barred or discharged from employment or
otherwise discriminated against in compensation, or in terms,
conditions or privileges of employment, by any person in
violation of this subsection may, within 30 days after the
employee has reasonable cause to believe that { - such - } a
violation has occurred, file a complaint with the Commissioner of
the Bureau of Labor and Industries alleging such discrimination
under the provisions of ORS 659A.820. Upon receipt of
{ - such - } { + the + } complaint the commissioner shall
process the complaint and case under the procedures, policies and
remedies established by ORS chapter 659A and the policies
established by ORS 654.001 to 654.295 and 654.750 to 654.780 in
the same way and to the same extent that the complaint would be
processed by the commissioner if the complaint involved
allegations of unlawful employment practices { - based upon
race, religion, color, national origin, sex or age - } under ORS
659A.030 (1)(f). The { - affected employee shall also have the
right to - } { + employee may also + } bring a suit in any
circuit court of the State of Oregon against any person alleged
to have violated this subsection. The commissioner or the circuit
court may order all appropriate relief including rehiring or
reinstatement of the employee to the employee's former position
with back pay.
(c) Within 90 days after the receipt of a complaint filed under
this subsection the commissioner shall notify the complainant of
the commissioner's determination under paragraph (b) of this
subsection.
SECTION 22. ORS 10.030 is amended to read:
10.030. (1) Except as otherwise specifically provided by
statute, the opportunity for jury service { - shall - }
{ + may + } not be denied or limited on the basis of race,
national origin, gender, { + sexual orientation, + }age,
religious belief, income, occupation or any other factor that
discriminates against a cognizable group in this state.
(2) Any person is eligible to act as a juror in a civil trial
unless the person:
(a) Is not a citizen of the United States;
(b) Does not live in the county in which summoned for jury
service;
(c) Is less than 18 years of age; or
(d) Has had rights and privileges withdrawn and not restored
under ORS 137.281.
(3)(a) Any person is eligible to act as a juror in a criminal
trial { - , beginning on or after December 5, 1996, - } unless
the person:
(A) Is not a citizen of the United States;
(B) Does not live in the county in which summoned for jury
service;
(C) Is less than 18 years of age;
(D) Has had rights and privileges withdrawn and not restored
under ORS 137.281; or
(E) Has been convicted of a felony or served a felony sentence
within the prior 15 years.
(b) As used in this subsection:
(A) 'Felony sentence' includes any incarceration, post-prison
supervision, parole or probation imposed upon conviction of a
felony or served as a result of conviction of a felony.
(B) 'Has been convicted of a felony' has the meaning given that
term in ORS 166.270.
(4) A person who is blind, hearing or speech impaired or
physically disabled { - shall not be - } { + is not + }
ineligible to act as a juror { - or - } { + and may not + }
be excluded from a jury list or jury service on the basis of
blindness, hearing or speech impairment or physical disability
alone.
(5) { - No - } { + A + } person is { - eligible - }
{ + ineligible + } to act as a juror in any circuit court of
this state within 24 months after being discharged from jury
service in a federal court in this state or circuit court of this
state unless that person's service as a juror is required because
of a need for additional jurors.
(6) In addition to the disqualifications listed in subsection
(2) of this section, a person is ineligible to act as a juror on
a grand jury if the person has been convicted of a felony, other
than a felony traffic offense, or has served a felony sentence,
other than a sentence for a felony traffic offense, within the
prior 15 years. As used in this subsection, 'conviction' means an
adjudication of guilt upon a verdict or finding entered in a
criminal proceeding in a court of competent jurisdiction.
SECTION 23. ORS 20.107 is amended to read:
20.107. (1) In any civil judicial proceeding, including
judicial review of an administrative proceeding based on a claim
of unlawful discrimination, the court shall award to the
prevailing plaintiff attorney and expert witness fees reasonably
and necessarily incurred in connection with the discrimination
claim, at the trial court or agency level and on appeal. The
court may award reasonable attorney fees and expert witness fees
incurred by a defendant who prevails in the action if the court
determines that the plaintiff had no objectively reasonable basis
for asserting a claim or no reasonable basis for appealing an
adverse decision of a trial court or agency.
(2) In making an award under this section, the court shall
calculate attorney and expert witness fees on the basis of a
reasonable hourly rate at the time the award is made, multiplied
by the amount of time actually and reasonably spent in connection
with the discrimination claim.
(3) When an award under this section is made against a state
agency or an officer or employee of a state agency, the award
shall be paid by the agency directly from funds available to it.
(4) As used in this section, 'unlawful discrimination ' means
discrimination based upon personal characteristics including, but
not limited to, gender, { + sexual orientation, + } national
origin, age, marital status, race, religion or alienage.
SECTION 24. ORS 93.270 is amended to read:
93.270. (1) { - No - } { + A + } person conveying or
contracting to convey fee title to real property { - shall - }
{ + may not + } include in an instrument for { - such - }
{ + that + } purpose a provision:
(a) Restricting the use of the real property by any person or
group of persons by reason of color, race, religion, national
origin { + , sexual orientation + } or physical or mental
{ - handicap - } { + disability + }.
(b) Restricting the use of the real property by any home or
facility that is licensed by or under the authority of the
department under ORS 443.400 to 443.455 or 443.705 to 443.825 to
provide residential care alone or in conjunction with treatment
or training or a combination thereof.
(2) Any { - such - } provision in an instrument executed in
violation of subsection (1) of this section is void and
unenforceable.
(3) { - No - } { + An + } instrument that contains a
provision restricting the use of real property in a manner listed
in subsection (1)(b) of this section { - shall - } { + does
not + } give rise to any public or private right of action to
enforce the restriction.
(4)(a) { - No - } { + An + } instrument that contains a
provision restricting the use of real property by requiring
roofing materials with a lower fire rating than that required in
the state building code established under ORS chapter 455
{ - shall - } { + does not + } give rise to any public or
private right of action to enforce the restriction in an area
determined by a local jurisdiction as a wildfire hazard zone.
Prohibitions on public or private right of action under this
paragraph are limited solely to considerations of fire rating.
(b) As used in this subsection, 'wildfire hazard zones' are
areas that are legally declared by a governmental agency having
jurisdiction over the area to have special hazards caused by a
combination of combustible natural fuels, topography and climatic
conditions that result in a significant hazard of catastrophic
fire over relatively long periods each year. Wildfire hazard
zones shall be determined using criteria established by the State
Forestry Department.
SECTION 25. { + ORS 236.380 is repealed. + }
SECTION 26. ORS 353.100 is amended to read:
353.100. (1) The provisions of ORS chapters 35, 190, 192, 244
and 295 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to
200.090, 236.605 to 236.640, 243.650 to 243.782, 297.040, 307.090
and 307.112 { - shall - } apply to Oregon Health and Science
University under the same terms as they apply to public bodies
other than the state.
(2) Except as otherwise provided by law, the provisions of ORS
chapters 182, 183, 240, 270, 273, 276, 279, 283, 291, 292, 293,
294 and 297 and ORS 35.550 to 35.575, 180.060, 180.210 to
180.235, 183.710 to 183.725, 183.745, 183.750, 184.305 to
184.345, 190.430, 190.480, 190.490, 192.105, 200.035,
{ - 236.380, - } 243.105 to 243.585, 243.696, 278.011 to
278.120, 278.315 to 278.415, 282.010 to 282.150, 357.805 to
357.895 and 656.017 (2) { - shall - } { + do + } not apply to
the university or any not-for-profit organization or other entity
if the equity of the entity is owned exclusively by the
university and if the organization or entity is created by the
university to advance any of the university's statutory missions.
(3) The university, as a distinct governmental entity, or any
organization or entity described in subsection (2) of this
section
{ - shall not be - } { + is not + } subject to any provision
of law enacted after January 1, 1995, with respect to any
governmental entity, unless the provision specifically provides
that it applies to the university or to the organization or
entity.
SECTION 27. ORS 353.100, as amended by section 263, chapter
794, Oregon Laws 2003, is amended to read:
353.100. (1) The provisions of ORS chapters 35, 190, 192, 244
and 295 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to
200.090, 236.605 to 236.640, 243.650 to 243.782, 297.040, 307.090
and 307.112 { - shall - } apply to Oregon Health and Science
University under the same terms as they apply to public bodies
other than the state.
(2) Except as otherwise provided by law, the provisions of ORS
chapters 182, 183, 240, 270, 273, 276, 279, 279A, 279B, 279C,
283, 291, 292, 293, 294 and 297 and ORS 35.550 to 35.575,
180.060, 180.210 to 180.235, 183.710 to 183.725, 183.745,
183.750, 184.305 to 184.345, 190.430, 190.480, 190.490, 192.105,
200.035,
{ - 236.380, - } 243.105 to 243.585, 243.696, 278.011 to
278.120, 278.315 to 278.415, 282.010 to 282.150, 357.805 to
357.895 and 656.017 (2) { - shall - } { + do + } not apply to
the university or any not-for-profit organization or other entity
if the equity of the entity is owned exclusively by the
university and if the organization or entity is created by the
university to advance any of the university's statutory missions.
(3) The university, as a distinct governmental entity, or any
organization or entity described in subsection (2) of this
section
{ - shall not be - } { + is not + } subject to any provision
of law enacted after January 1, 1995, with respect to any
governmental entity, unless the provision specifically provides
that it applies to the university or to the organization or
entity.
SECTION 28. ORS 421.352 is amended to read:
421.352. (1) The provisions of ORS chapters 182, 183, 240, 270,
273, 276, 279, 283, 291, 292 and 293 and ORS 35.550 to 35.575,
183.710 to 183.725, 183.745, 183.750, 184.345, 190.430, 190.490,
200.035, { - 236.380, - } 236.605 to 236.640, 243.303,
243.305, 243.315, 243.325 to 243.335, 243.345, 243.350, 243.696,
282.010 to 282.150 and 656.017 (2) { - shall - } { + do + }
not apply to Oregon Corrections Enterprises.
(2) Oregon Corrections Enterprises { - shall not be - }
{ + is not + } subject to any provision of law enacted after
December 2, 1999, that governs state agencies generally unless
the provision specifically provides that it applies to Oregon
Corrections Enterprises.
SECTION 29. ORS 421.352, as amended by section 279, chapter
794, Oregon Laws 2003, is amended to read:
421.352. (1) The provisions of ORS chapters 182, 183, 240, 270,
273, 276, 279, 279A, 279B, 279C, 283, 291, 292 and 293 and ORS
35.550 to 35.575, 183.710 to 183.725, 183.745, 183.750, 184.345,
190.430, 190.490, 200.035, { - 236.380, - } 236.605 to
236.640, 243.303, 243.305, 243.315, 243.325 to 243.335, 243.345,
243.350, 243.696, 282.010 to 282.150 and 656.017 (2)
{ - shall - } { + do + } not apply to Oregon Corrections
Enterprises.
(2) Oregon Corrections Enterprises { - shall not be - }
{ + is not + } subject to any provision of law enacted after
December 2, 1999, that governs state agencies generally unless
the provision specifically provides that it applies to Oregon
Corrections Enterprises.
SECTION 30. { + The amendments to ORS 179.750, 338.125,
659.850, 659A.030, 659A.403, 659A.406, 659A.409, 659A.421,
659A.424 and 659A.885 by sections 14, 17, 13, 4, 5, 6, 7, 8, 9
and 12 of this 2005 Act apply to acts committed on or after the
effective date of this 2005 Act. + }
SECTION 31. { + The amendments to ORS 192.630 by section 15 of
this 2005 Act apply to meetings held on or after the effective
date of this 2005 Act. + }
SECTION 32. { + The amendments to ORS 240.306 by section 16 of
this 2005 Act apply to employee recruitment, selection and
promotion on or after the effective date of this 2005 Act. + }
SECTION 33. { + The amendments to ORS 430.550 by section 18 of
this 2005 Act apply to evaluations or treatment sought on or
after the effective date of this 2005 Act. + }
SECTION 34. { + The amendments to ORS 10.030 by section 22 of
this 2005 Act apply to opportunities for jury service arising on
or after the effective date of this 2005 Act. + }
SECTION 35. { + The amendments to ORS 20.107 by section 23 of
this 2005 Act apply to claimed acts of unlawful discrimination
occurring on or after the effective date of this 2005 Act. + }
SECTION 36. { + The amendments to ORS 93.270 by section 24 of
this 2005 Act apply to fee titles to real property conveyed or
contracted to be conveyed on or after the effective date of this
2005 Act. + }
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