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 3515
A-Engrossed
Senate Bill 1000
Ordered by the Senate July 6
Including Senate Amendments dated July 6
Sponsored by Senators BROWN, WESTLUND, MORSE, BATES (at the
request of Governor Theodore R. Kulongoski)
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.
Prohibits discrimination against persons in specified areas of
law based on sexual orientation. Defines 'sexual
orientation.' Authorizes enforcement of prohibition through civil
action for actual and punitive damages. Authorizes attorney fees
in civil proceedings for unlawful discrimination. Requires state
agencies to eliminate discrimination against persons based on
sexual orientation.
Establishes requirements and procedures for entering into civil
union contract. Applies only to civil unions between persons of
same sex. Provides that partners in civil unions have
{ - same - } { + substantially equivalent + } privileges,
immunities, rights, benefits and responsibilities under state law
as are granted to or imposed on persons who are or were married.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to human rights; creating new provisions; amending ORS
10.030, 20.107, 30.860, 93.270, 106.010, 106.020, 106.030,
106.041, 106.045, 106.050, 106.060, 106.077, 106.081, 106.100,
106.120, 106.130, 106.140, 106.150, 106.160, 106.165, 106.170,
106.180, 106.220, 109.035, 166.155, 166.165, 174.100, 179.750,
192.630, 240.306, 307.580, 353.100, 418.925, 421.352, 430.550,
443.739, 654.062, 659.850, 659A.003, 659A.006, 659A.030,
659A.403, 659A.406, 659A.409, 659A.421, 659A.424, 659A.805,
659A.815, 659A.885, 660.139 and 744.353; repealing ORS 236.380;
and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
{ +
DISCRIMINATION + }
SECTION 1. ORS 174.100 is amended to read:
174.100. As used in the statute laws of this state, unless the
context or a specially applicable definition requires otherwise:
(1) 'Any other state' includes any state and the District of
Columbia.
(2) 'City' includes any incorporated village or town.
(3) 'County court' includes board of county commissioners.
(4) 'May not' and 'shall not' are equivalent expressions of an
absolute prohibition.
(5) 'Person' includes individuals, corporations, associations,
firms, partnerships, limited liability companies and joint stock
companies.
{ + (6) 'Sexual orientation' means an individual's actual or
perceived heterosexuality, homosexuality, bisexuality or gender
identity, regardless of whether the individual's gender identity,
appearance, expression or behavior differs from that
traditionally associated with the individual's sex at birth. + }
{ - (6) - } { + (7) + } 'State Treasury' includes those
financial assets the lawful custody of which are vested in the
State Treasurer and the office of the State Treasurer relating to
the custody of those financial assets.
{ - (7) - } { + (8) + } 'To' means 'to and including' when
used in a reference to a series of statute sections, subsections
or paragraphs.
{ - (8) - } { + (9) + } 'United States' includes
territories, outlying possessions and the District of Columbia.
{ - (9) - } { + (10) + } 'Violate' includes failure to
comply.
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,
{ + color, + } religion, { - color, - } sex, { - marital
status, - } { + sexual orientation, + } national origin
{ - or - } { + , marital status, + } age { + or disability + }
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, { + color, + } religion,
{ - color, - } sex, { + sexual orientation, national
origin, + } marital status { + , + } { - or national origin - }
{ + age or disability + }. 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,
{ + color, + } religion, { - color, - } sex, { + sexual
orientation, national origin, + } marital status { + , + }
{ - or national origin - } { + age or disability + } are
based.
(2) An adequate remedy for persons aggrieved by certain acts of
discrimination because of race, { + color, + } religion,
{ - color, - } sex, { + sexual orientation, national
origin, + } marital status or { - national origin - }
{ + disability + } 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, { + color, + } religion, { - color, - } sex,
{ + sexual orientation, national origin, + } marital status,
{ - national origin, - } age or disability are a matter of state
concern and that { - such - } { + this + } discrimination
{ + not only + } 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, { + color, + } religion, { - color, - } sex,
{ + sexual orientation, national origin, + } marital status,
{ - national origin, - } age or disability hereby is recognized
as and declared to be a civil right. { - However, this section
shall 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 church
or institution; - }
{ - (b) In the opinion of such bona fide church or sectarian
religious institution, such a preference will best serve the
purposes of such 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. - }
{ + NOTE: + } Section 4 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 5. 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,
{ + color, + } 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, { + color, + } 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 { + the
individual + } 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,
{ + color, + } 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,
{ + color, + } 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,
{ + color, + } 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, { + color, + } 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 limitation, specification or discrimination, unless
based upon a bona fide occupational qualification. { - But
identifying - } { + Identification of prospective + } employees
according to race, { + color, + } 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,
{ + color, + } religion, { - color, - } sex, { + sexual
orientation, + } national origin, marital status or age.
(e) For an employment agency { + , because of an individual's
race, color, religion, sex, sexual orientation, national origin,
marital status or age if the individual is 18 years of age or
older, or because of the race, color, religion, 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 - } { + the + }
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 - } { + an + } 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.
{ + (5) This section does not prohibit an employer from
enforcing an otherwise valid dress code or policy, as long as the
employer provides, on a case-by-case basis, for reasonable
accommodation of an individual based on the health and safety
needs of the individual.
(6) This section 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 the church or
institution;
(b) In the opinion of the church or institution, the preference
will best serve the purposes of 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 that has
no necessary relationship to the church or institution or to its
primary purposes.
(7) It is not an unlawful employment practice for a bona fide
church or sectarian religious institution to discriminate based
on sexual orientation:
(a) In employment positions in the church or institution, such
as clergy, religious instructors and support staff;
(b) In employment positions in a religious school, religious
camp, religious day care center, religious thrift store,
religious bookstore, religious radio station or religious
shelter; or
(c) In other employment positions that involve religious
activities, as long as the employment position is not connected
with a commercial or business activity that has no necessary
relationship to the church or institution. + }
SECTION 6. 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, { + color, + } religion, sex, { + sexual orientation,
national origin, + } 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 7. 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
{ + employee or + } person acting on behalf of { - such - }
{ + the + } place { + of public accommodation + } to make any
distinction, discrimination or restriction on account of race,
{ + color, + } religion, { - color, - } sex, { + sexual
orientation, national origin, + } marital status { - , national
origin - } or age if the individual is 18 years of age or older.
SECTION 8. 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, { + color, + }
religion, sex, { + sexual orientation, national origin, + }
marital status { - , color, national origin - } or age if the
individual is 18 years of age or older.
SECTION 9. ORS 659A.421 is amended to read:
659A.421. (1) { - No person shall - } { + A person may
not + }, because of race, color, { + religion, + } sex,
{ + sexual orientation, national origin, + } marital status,
{ - source of income, familial status, religion or national
origin - } { + familial status or source of income + } 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, { + religion, + } sex,
{ + sexual orientation, national origin, + } marital status,
{ + familial status or + }source of income { - , 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,
{ + religion, + } sex, { - marital status, source of income,
familial status, religion or national origin - } { + sexual
orientation, national origin, marital status, familial status or
source of income + }.
(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,
{ + religion, + } sex, { - marital status, source of income,
familial status, religion or national origin - } { + sexual
orientation, national origin, marital status, familial status or
source of income + }.
(4) { - No person shall - } { + A person 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, { + religion, + } sex, { - marital
status, source of income, familial status, religion or national
origin - } { + sexual orientation, national origin, marital
status, familial status or source of income + }.
(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 - } { + the + } 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
person shall - } { + a person 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 { + , sexual orientation or familial status + } 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 10. 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, { + religion, + } sex, { + sexual orientation,
national origin, + } marital status, { - source of income,
familial status, religion, national origin - } { + familial
status, source of income + } 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 11. 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, { + color, + } religion, sex, { + sexual orientation,
national origin, + } marital status, { - color, national origin
or, - } { + disability or:
(A) + } With respect to public accommodation, age.
{ + (B) With respect to real property, familial status or
source of income. + }
(b) Establishing what inquiries in connection with employment
and prospective employment express a limitation, specification or
discrimination as to race, { + color, + } religion,
{ - color, - } sex, { + sexual orientation, + } national
origin { - or - } { + , marital status, + } age { + or
disability + }.
(c) Establishing what inquiries in connection with employment
and prospective employment soliciting information as to race,
{ + color, + } religion, { - color, - } sex, { + sexual
orientation, + } national origin
{ - or - } { + , marital status, + } age { + or
disability + } 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,
{ + color, + } religion, { - color, - } sex, { + sexual
orientation, national origin, + } marital status, { - national
origin or - } age { + , disability, familial status or source of
income + }.
(c) Whether a statement or inquiry soliciting information as to
race, { + color, + } religion, { - color, - } sex,
{ + sexual orientation, national origin, + } marital status,
{ - national origin or - } age { + , disability, familial
status or source of income + } communicates an idea independent
of an intention to limit, specify or discriminate as to race,
{ + color, + } religion, { - color, - } sex, { + sexual
orientation, national origin, + } marital status, { - national
origin or - } age { + , disability, familial status or source of
income + }.
(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, { + color, + } religion,
{ - color, - } sex, { + sexual orientation, national
origin, + } marital status, { - national origin or - }
age { + , disability, familial status or source of income + }.
SECTION 12. 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 { - will - } { + believes necessary to + } aid
in effectuating the purposes of this chapter. The commissioner
may empower { - them - } { + advisory agencies and
councils + }:
(a) To study the problems of discrimination in all or specific
fields of human relationships or in specific instances of
discrimination because of race, { + color, + } religion,
{ - color, - } sex { + , + }
{ - or - } { + sexual orientation, + } national origin { + ,
marital status, age, disability, familial status or source of
income + }.
(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. { + However, the advisory agencies and councils may
not recommend programs of education of elementary or secondary
students relating to discrimination based on sexual
orientation. + }
(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 - } { + the advisory + }
agencies and councils and for the expenses of { - such - }
{ + the + } assistance.
SECTION 13. 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, { + color, + } religion, sex,
{ - marital status, color, - } { + sexual orientation, + }
national origin { + , marital status + } 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
{ + employee or + } 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 14. 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, - } { + religion, sex, sexual
orientation, national origin, + } 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 15. 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, - } { + race, religion, sex,
sexual orientation, + } national origin, { - age - } { +
alienage + }, marital status { - , race, religion or
alienage - } { + or age + }.
SECTION 16. ORS 30.860 is amended to read:
30.860. (1) { - No - } { + A + } person or governmental
entity { - shall - } { + may not + } discriminate against,
boycott, blacklist, refuse to buy from, sell to or trade with any
person because of foreign government imposed or sanctioned
discrimination based upon the { - national origin, - }
race { + , + } { - or - } religion { + , sex, sexual
orientation or national origin + } of { - such - }
{ + the + } person or of { - such - } { + the + } person's
partners, members, directors, stockholders, agents, employees,
business associates, suppliers or customers.
(2) Any person directly injured in business or property by a
violation of subsection (1) of this section may sue whoever
knowingly practices, or conspires to practice, activities
prohibited by subsection (1) of this section, and shall recover
threefold the damages sustained. The court shall award reasonable
attorney fees to the prevailing plaintiff in an action under this
section. 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 objectively
reasonable basis for appealing an adverse decision of a trial
court.
SECTION 17. 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 { + race, + } color,
{ - race, - } religion, { + sex, sexual orientation, + }
national origin 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 18. ORS 109.035 is amended to read:
109.035. (1) As used in this section:
(a) 'Custody order' includes any order, judgment or decree
establishing or modifying custody of, or parenting time or
visitation with, a minor child as described in ORS 107.095,
107.105 (1), 107.135 or 109.103.
(b) 'Foreign country' means any country that:
(A) Is not a signatory to the Hague Convention on the Civil
Aspects of International Child Abduction;
(B) Does not provide for the extradition to the United States
of a parental abductor and minor child;
(C) Has local laws or practices that would restrict the other
parent of the minor child from freely traveling to or exiting
from the country because of the { - gender, - } race { + , + }
{ - or - } religion { + , sex or sexual orientation + } of the
other parent;
(D) Has local laws or practices that would restrict the ability
of the minor child from legally leaving the country after the
child reaches the age of majority because of the
{ - gender, - } race { + , + } { - or - } religion { + , sex
or sexual orientation + } of the child; or
(E) Poses a significant risk that the physical health or safety
of the minor child would be endangered in the country because of
war, human rights violations or specific circumstances related to
the needs of the child.
(2) A court that finds by clear and convincing evidence a risk
of international abduction of a minor child may issue a court
order requiring a parent who is subject to a custody order and
who plans to travel with a minor child to a foreign country to
provide security, bond or other guarantee as described in
subsection (4) of this section.
(3) In determining whether a risk of international abduction of
a minor child exists, a court shall consider the following
factors involving a parent who is subject to a custody order:
(a) The parent has taken or retained, attempted to take or
retain or threatened to take or retain a minor child in violation
of state law or a valid custody order and the parent is unable to
present clear and convincing evidence that the parent believed in
good faith that the conduct was necessary to avoid imminent harm
to the parent or the child;
(b) The parent has recently engaged in a pattern of activities
that indicates the parent is planning to abduct the minor child
from this country;
(c) The parent has strong familial, emotional or cultural
connections to this country or another country, regardless of
citizenship or residency status; and
(d) Any other relevant factors.
(4) A security, bond or other guarantee required by a court
under this section may include, but is not limited to, any of the
following:
(a) A bond or security deposit in an amount that is sufficient
to offset the cost of recovering the minor child if the child is
abducted;
(b) Supervised parenting time; or
(c) Passport and travel controls, including but not limited to
controls that:
(A) Prohibit the parent from removing the minor child from this
state or this country;
(B) Require the parent to surrender a passport or an
international travel visa that is issued in the name of the minor
child or jointly in the names of the parent and the child;
(C) Prohibit the parent from applying for a new or replacement
passport or international travel visa on behalf of the minor
child; and
(D) Require the parent to provide to a relevant embassy or
consulate and to the Office of Children's Issues in the United
States Department of State the following documents:
(i) Written notice of passport and travel controls required
under this paragraph; and
(ii) A certified copy of a court order issued under this
section.
(5) After considering the factors under subsection (3) of this
section and requiring a security, bond or other guarantee under
this section, the court shall issue a written determination
supported by findings of fact and conclusions of law.
(6) Nothing in this section is intended to limit the inherent
power of a court in matters relating to children.
SECTION 19. ORS 166.155 is amended to read:
166.155. (1) A person commits the crime of intimidation in the
second degree if the person:
(a) Tampers or interferes with property, having no right to do
so nor reasonable ground to believe that the person has such
right, with the intent to cause substantial inconvenience to
another because of the person's perception of the other's race,
color, religion, { - national origin or - } sexual
orientation { + or national origin + };
(b) Intentionally subjects another to offensive physical
contact because of the person's perception of the other's race,
color, religion, { - national origin or - } sexual
orientation { + or national origin + }; or
(c) Intentionally, because of the person's perception of race,
color, religion, { - national origin or - } sexual
orientation { + or national origin + } of another or of a member
of the other's family, subjects { - such - } { + the + }
other person to alarm by threatening:
(A) To inflict serious physical injury upon or to commit a
felony affecting { - such - } { + the + } other person, or a
member of the person's family; or
(B) To cause substantial damage to the property of the other
person or of a member of the other person's family.
(2) Intimidation in the second degree is a Class A misdemeanor.
(3) For purposes of this section { - : - } { + , + }
{ - (a) - } 'property' means any tangible personal property
or real property.
{ - (b) 'Sexual orientation' means heterosexuality,
homosexuality or bisexuality. - }
SECTION 20. ORS 166.165 is amended to read:
166.165. (1) Two or more persons acting together commit the
crime of intimidation in the first degree, if the persons:
(a)(A) Intentionally, knowingly or recklessly cause physical
injury to another person because of the actors' perception of
that person's race, color, religion, { - national origin or - }
sexual orientation { + or national origin + }; or
(B) With criminal negligence cause physical injury to another
person by means of a deadly weapon because of the actors'
perception of that person's race, color, religion, { - national
origin or - } sexual orientation { + or national origin + };
(b) Intentionally, because of the actors' perception of another
person's race, color, religion, { - national origin or - }
sexual orientation { + or national origin + }, place another
person in fear of imminent serious physical injury; or
(c) Commit such acts as would constitute the crime of
intimidation in the second degree, if undertaken by one person
acting alone.
(2) Intimidation in the first degree is a Class C felony.
{ - (3) 'Sexual orientation' has the meaning given that term
in ORS 166.155. - }
SECTION 21. 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, national origin or + }
marital status { - or national origin - } of the person. This
subsection does not require combined domiciliary facilities at
the state institutions to which it applies.
{ + NOTE: + } Section 22 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 23. 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 quorum of a governing body shall 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, { + religion, creed, + } sex,
{ + sexual orientation, + } { - age, - } national
origin { + , age + } 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 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 24. 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, { + marital
status, + } { - political affiliation, - } age,
disability { + , political affiliation + } or other nonjob
related factors, with proper regard for an individual's privacy.
Nothing in this subsection shall be construed to 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 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 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.
{ + NOTE: + } Section 25 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 26. ORS 307.580 is amended to read:
307.580. (1) If not otherwise exempt by law and upon compliance
with ORS 307.162, all real and personal property or proportion
thereof owned or being purchased by an industry apprenticeship or
training trust is exempt from property taxation if:
(a) The trust is organized pursuant to a trust instrument
solely for the purpose of aiding or assisting in the
implementation or operation of one or more apprenticeship or
training programs that conform to and are conducted under ORS
chapter 660;
(b) The property or proportion thereof that is the subject of
the exemption is actually and exclusively occupied and used in
the implementation or operation of an apprenticeship or training
program or programs that are established under, conform to and
are conducted under ORS chapter 660; and
(c) The trust is considered an organization exempt from federal
income taxes under the federal Internal Revenue Code or other
laws of the United States relating to federal income taxes.
(2) If property described under subsection (1) of this section
would be exempt from taxation except that it is held under lease
or lease-purchase agreement by the trust rather than owned or
being purchased by it, the property shall be exempt from taxation
upon compliance with and subject to ORS 307.112.
(3) { - No - } { + An + } exemption { - shall - }
{ + may not + } be allowed under subsection (1) or (2) of this
section if the property is used in the implementation or
operation of an apprenticeship or training program that
discriminates with respect to its participants on the basis of
{ - age, - } race, religion, sex { + , sexual orientation, + }
{ - or - } national origin { + or age + }.
{ + NOTE: + } Sections 27 and 28 were deleted by amendment.
Subsequent sections were not renumbered.
SECTION 29. ORS 418.925 is amended to read:
418.925. As used in ORS 418.925 to 418.945, 'refugee child ' is
a person under 18 years of age who has entered the United States
and is unwilling or unable to return to the person's country
because of persecution or a well-founded fear of persecution on
account of race, religion, { + sex, sexual orientation, + }
nationality, membership in a particular group or political
opinion, or whose parents entered the United States within the
preceding 10 years and are or were unwilling or unable to return
to their country because of persecution or a well-founded fear of
persecution on account of race, religion, { + sex, sexual
orientation, + } nationality, membership in a particular group or
political opinion.
SECTION 30. 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, - } { + race, religion, + } sex, { + sexual
orientation, + } { - race, - } nationality, { - religious
preference - } { + age + } or ability to pay.
SECTION 31. ORS 443.739 is amended to read:
443.739. Residents of adult foster homes have the following
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, - } { + religion, + } sex { + , sexual
orientation + } or { - religion - } { + national origin + }.
(20) Make suggestions and complaints without fear of
retaliation.
{ + NOTE: + } Section 32 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 33. 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 - } inquiries, inspections and investigations as
the director considers reasonable and appropriate.
{ - Where - } { + If + } an employee { - has complained - }
{ + complains to the director + }in writing of an alleged
violation and { - no resulting - } { + the director does not
issue a + } citation { - is issued - } to the employer
{ + for the alleged 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 { + for confidentiality + }
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 - }
{ + the + } 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 34. 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 - }
{ + race, color, religion, sex, sexual orientation, national
origin, marital status, age or disability. 'Discrimination' does
not include enforcement of an otherwise valid dress code or
policy, as long as the code or policy provides, on a case-by-case
basis, for reasonable accommodation of an individual based on the
health and safety needs of the individual + }.
(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 the program, service, school or activity is financed in
whole or in part by moneys appropriated by the Legislative
Assembly. { + However, this subsection does not prohibit
discrimination based on a student's sexual orientation in a
public elementary or secondary program or service, school or
interschool activity. + }
(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 35. ORS 660.139 is amended to read:
660.139. (1) Unless the State Apprenticeship and Training
Council determines there is an adverse impact on apprenticeship
opportunities based on an individual's race, sex { + , sexual
orientation + } or ethnic group, an applicant who is otherwise
eligible for selection as an apprentice under the selection
method used by the local joint committee may, with the consent of
the applicant, be indentured to a family business or the
applicant's current employer without regard to whether another
employer would otherwise be entitled to indenture the apprentice
under the selection method used by the local joint committee.
(2) As used in this section:
(a) 'Current employer' means the employer with whom the
applicant has been a full-time, regular employee for at least six
months before the applicant is selected into the apprenticeship
program.
(b) 'Family business' means a business owned in whole or in
part by a parent or grandparent of the applicant.
SECTION 36. ORS 744.353 is amended to read:
744.353. (1) A licensee { - shall - } { + may + } not pay
or offer to pay a finder's fee, commission or other compensation
to a person described in this subsection, in connection with a
policy insuring the life of an individual with a terminal illness
or condition. The prohibition under this subsection applies with
respect to payments or offers of payment to:
(a) The physician, attorney or accountant of the policyholder,
of the certificate holder or of the insured individual when the
individual is other than the policyholder or certificate holder.
(b) Any person other than a physician, attorney or accountant
described in paragraph (a) of this subsection, who provides
medical, legal or financial planning services to the
policyholder, to the certificate holder or to the insured
individual when the individual is other than the policyholder or
certificate holder.
(c) Any person other than one described in paragraph (a) or (b)
of this subsection who acts as an agent of the policyholder,
certificate holder or insured individual.
(2) A licensee { - shall - } { + may + } not solicit an
investor who could influence the treatment of the illness or
condition of the individual whose life would be the subject of a
life settlement contract.
(3) All information solicited or obtained from a policyholder
or certificate holder by a licensee { - shall be - }
{ + is + } subject to ORS 746.600 to 746.690. For purposes of
this subsection, a licensee
{ - shall be - } { + is + } considered an insurance-support
organization within the meaning of ORS 746.600.
(4) A licensee { - shall - } { + may + } not discriminate
in the making of a life settlement contract on the basis of race,
{ - age - } { + religion, creed + }, sex, { + sexual
orientation, + } national origin, { - creed, religion,
occupation, - } marital { + status, age, + } { - or
family - } { + familial + } status { - , sexual
orientation, - } { + or occupation + } or discriminate between
persons who have dependents and persons who do not have
dependents.
SECTION 37. { + ORS 236.380 is repealed. + }
SECTION 38. 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 39. 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 40. { + The amendments to ORS 30.860, 93.270, 166.155,
166.165, 179.750, 659.850, 659A.030, 659A.403, 659A.406,
659A.409, 659A.421, 660.139 and 744.353 by sections 5, 6, 7, 8,
9, 16, 17, 19, 20, 21, 34, 35 and 36 of this 2005 Act apply to
acts committed on or after the operative date of those
amendments. + }
SECTION 41. { + The amendments to ORS 10.030 by section 14 of
this 2005 Act apply to opportunities for jury service arising on
or after the operative date of those amendments. + }
SECTION 42. { + The amendments to ORS 20.107 by section 15 of
this 2005 Act apply to claims of unlawful discrimination filed on
or after the operative date of those amendments. + }
SECTION 43. { + The amendments to ORS 192.630 by section 23 of
this 2005 Act apply to meetings held on or after the operative
date of those amendments. + }
SECTION 44. { + The amendments to ORS 240.306 by section 24 of
this 2005 Act apply to employee recruitment, selection and
promotion on or after the operative date of those amendments. + }
SECTION 45. { + The amendments to ORS 307.580 by section 26 of
this 2005 Act apply to exemptions claimed on or after the
operative date of those amendments. + }
SECTION 46. { + The amendments to ORS 430.550 by section 30 of
this 2005 Act apply to evaluations or treatment performed on or
after the operative date of those amendments. + }
SECTION 46a. { + The amendments to ORS 10.030, 20.107, 30.860,
93.270, 109.035, 166.155, 166.165, 174.100, 179.750, 192.630,
240.306, 307.580, 353.100, 418.925, 421.352, 430.550, 443.739,
654.062, 659.850, 659A.003, 659A.006, 659A.030, 659A.403,
659A.406, 659A.409, 659A.421, 659A.424, 659A.805, 659A.815,
659A.885, 660.139 and 744.353 by sections 1 to 3, 5 to 21, 23,
24, 26, 29 to 31, 33 to 36, 38 and 39 of this 2005 Act and the
repeal of ORS 236.380 by section 37 of this 2005 Act become
operative on July 1, 2006. + }
{ +
CIVIL UNIONS + }
SECTION 47. ORS 106.010 is amended to read:
106.010. { + As used in this chapter:
(1) 'Civil union' means a civil contract that is solemnized in
accordance with ORS 106.150 and that is entered into in person
between two individuals of the same sex who are at least 17 years
of age and who are otherwise capable.
(2) ' + } Marriage { + ' + } { - is - } { + means + } a
civil contract entered into in person { - by males - }
{ + between a male + } at least 17 years of age and
{ - females - } { + a female + } at least 17 years of age,
who are otherwise capable, and solemnized in accordance with ORS
106.150.
{ + (3) 'Partner' means a person joined in a civil union.
(4) 'Spouse' means a person joined in a marriage. + }
SECTION 48. ORS 106.020 is amended to read:
106.020. The following marriages { + and civil unions + } are
prohibited { - ; - } and, if solemnized within this state, are
absolutely void:
(1) When either party { - thereto - } { + to the marriage
or civil union + } had a wife { + , + } { - or - } husband
{ + or partner + } living at the time of
{ - such - } { + the + } marriage { + or civil union + }.
(2) When the parties { - thereto - } { + to the marriage or
civil union + } are first cousins or any nearer of kin to each
other, whether of the whole or half blood, whether by blood or
adoption, computing by the rules of the civil law, except that
when the parties are first cousins by adoption only, the marriage
{ + or civil union + } is not prohibited or void.
SECTION 49. ORS 106.030 is amended to read:
106.030. When either party to a marriage { + or civil
union + } is incapable of making { - such - } { + the + }
contract or consenting { - thereto - } { + to the
contract + } for want of legal age or sufficient understanding,
or when the consent of either party is obtained by force or
fraud,
{ - such marriage shall be - } { + the marriage or civil
union is + } void from the time it is so declared by judgment of
a court having jurisdiction thereof.
SECTION 50. ORS 106.041 is amended to read:
106.041. (1) All persons wishing to enter into a marriage
contract { + or a civil union contract + } shall obtain a
license
{ - therefor - } from the county clerk upon application,
directed to any person or religious { + congregation or + }
organization { - or congregation - } authorized by ORS 106.120
to solemnize marriages { + or civil unions + }, and authorizing
{ - such - } { + the + } person, { + congregation or + }
organization
{ - or congregation - } to join together { - as husband and
wife - } the persons named in the license.
(2) { - No license shall be issued by - } The county clerk
{ + may not issue a marriage license or civil union license
+ }until the provisions of this section, ORS 106.050 and 106.060
are complied with.
(3) Each applicant for a { - marriage - } license shall file
with the county clerk from whom the license is sought a written
application for the license on forms provided for this purpose by
the Department of Human Services { + . + } { - which shall - }
{ + The written application shall + }include the applicant's
Social Security number, certain statistical data regarding age,
place of birth, sex, occupation, residence and previous marital
{ + or civil union + } status of the applicant and, if required,
the name and address of the affiant under ORS 106.050.
(4) { + (a) + } A { + marriage + } license { - issued after
July 13, 1995, - } must contain the following statement:
'Neither you nor your spouse is the property of the other. The
laws of the State of Oregon affirm your right to enter into
marriage and at the same time to live within the marriage free
from violence and abuse. '
{ + (b) A civil union license must contain the following
statement: 'Neither you nor your partner is the property of the
other. The laws of the State of Oregon affirm your right to enter
into a civil union and at the same time to live within the civil
union free from violence and abuse.' + }
SECTION 51. ORS 106.045 is amended to read:
106.045. (1) In addition to any other fees provided by law, the
county clerk shall collect a fee of $25 upon the application for
a marriage license { + or a civil union license + }.
(2) The county clerk shall regularly pay over to the Director
of Human Services all moneys collected under subsection (1) of
this section to be credited to the Domestic Violence Fund
pursuant to ORS 108.660.
SECTION 52. ORS 106.050 is amended to read:
106.050. (1) The county clerk may accept any reasonable proof
of the applicant's age satisfactory to the clerk. The clerk may
require proof of age by affidavit of some person other than
either of the parties seeking the { + marriage + } license
{ + or civil union license + } if the clerk deems it necessary
in order to determine the age of an applicant to the clerk's
satisfaction.
(2) If an applicant for a { - marriage - } license is less
than 18 years of age, the applicant must file with the county
clerk an affidavit of some person other than either of the
parties seeking the license showing the facts other than age
necessary to be shown under ORS 106.060 in the particular case,
except the consent of the parent or guardian required by ORS
106.060 { - shall - } { + may + } not be part of the
affidavit. The affidavit is sufficient authority to the clerk, so
far as the facts stated { - therein - } { + in the
affidavit + }, for issuing the license.
SECTION 53. ORS 106.060 is amended to read:
106.060. A marriage license { - shall - } { + or civil
union license may + } not be issued without the written consent
of the parent or guardian, if any, of an applicant who is less
than 18 years of age, nor in any case unless the parties are each
of an age, as provided in ORS 106.010, capable of contracting
marriage { + or civil union + }. If either party under 18 years
of age has no parent or guardian resident within this state and
either party has resided within the county in which application
is made for the six months immediately preceding the application,
the license may issue, if otherwise proper, without the consent
of the nonresident parent or guardian.
SECTION 54. ORS 106.077 is amended to read:
106.077. (1) When the county clerk has received the written
application for the marriage license { + or civil union
license + } from both applicants, and all other legal
requirements for issuance of the { - marriage - } license have
been met, the county clerk shall issue
{ - a marriage - } { + the + } license { + . + } { - which
shall become - } { + The license becomes + } effective three
days after the date on which the application was signed by the
applicants. The county clerk shall indicate on the license the
date on which the license becomes effective. A license
{ - shall be - } { + is + } valid for 60 days after the
effective date.
(2) For good and sufficient cause shown, a written order
waiving the three-day waiting period provided in subsection (1)
of this section may be signed by:
(a) A judge of probate of the county;
(b) A circuit court judge of the county in which the circuit
court judge is not the judge of probate if the jurisdiction of
the circuit court has been extended to cover this section
pursuant to ORS 3.275;
(c) A judge of a county court of the county in which the judge
of the county court is not the judge of probate if the circuit
court judge does not reside { - therein - } { + in the
county + }; or
(d) The county clerk or official responsible for issuing the
{ - marriage - } license.
SECTION 55. ORS 106.081 is amended to read:
106.081. When the county clerk issues a marriage license { +
or civil union license + }, the county clerk shall also give to
the licensees a pamphlet describing the medical condition known
as fetal alcohol syndrome, its causes and its effects. The
pamphlet shall be provided to the counties by the Department of
Human Services under ORS 431.825 for distribution under this
section.
SECTION 56. ORS 106.100 is amended to read:
106.100. The person solemnizing the marriage { + or civil
union + } may retain the marriage license { + or civil union
license + } in the possession of the person. The clerk who issues
the license, before delivering it, shall enter in the marriage
{ + and civil union + } book a memorandum of the names of the
parties, the consent of the parent or guardian, if any, the name
of the affiant, the substance of the affidavit upon which the
license issued and the date of the license.
SECTION 57. ORS 106.120 is amended to read:
106.120. (1) As used in this section, 'judicial officer '
means:
(a) A judicial officer of this state as that term is defined in
ORS 1.210 and includes but is not limited to a judge of a
municipal court and a justice of the peace.
(b) An active judge of a federal court.
(c) An active United States magistrate judge.
(2) Marriages { + and civil unions + } may be solemnized by:
(a) A judicial officer;
(b) A county clerk;
(c) Religious congregations or organizations as indicated in
ORS 106.150 (2); or
(d) A clergyperson of any religious congregation or
organization who is authorized by the congregation or
organization to solemnize marriages { + or civil unions + }.
{ + (3) No person authorized to solemnize marriages or civil
unions under subsection (2) of this section is required to
solemnize a marriage or civil union. + }
{ - (3) - } { + (4) + } A person authorized to solemnize
marriages { + or civil unions + } under subsection (2) of this
section may solemnize a marriage { + or civil union + } anywhere
in this state.
{ - (4)(a) - } { + (5)(a) + } When a marriage { + or civil
union + } is solemnized by a tax, appellate or circuit judge of
this state, the clerk of the court or the county clerk shall
collect a fee of $25 and deposit the fee in the Judicial
Department Operating Account established in ORS 1.009.
(b) When a marriage { + or civil union + } is solemnized by a
county clerk, the county clerk shall collect a fee of $25, as
provided in ORS 205.320.
(c) The fee described in this subsection may be collected only
if:
(A) The marriage { + or civil union + } is solemnized during
normal working hours, excluding holidays;
(B) The marriage { + or civil union + } is solemnized in court
facilities or a county clerk's office; or
(C) More than a minimal amount of staff time or other court or
county clerk's office resources are used in connection with the
solemnization.
(d) The Chief Justice of the Supreme Court or the county clerk
may establish a written procedure for waiver of the fee required
under this subsection in exigent circumstances, including but not
limited to indigency of the parties to the marriage { + or civil
union + }.
{ - (5) - } { + (6) + } In addition to any fee collected
under subsection
{ - (4) - } { + (5) + } of this section, a judicial officer
of this state and a county clerk may charge and accept an agreed
upon personal payment not to exceed $100 plus actual costs for
the solemnization { - of a marriage if that solemnization - }
{ + if it + } is performed:
(a) At a place other than the courthouse where the judicial
officer or county clerk serves; or
(b) Outside of the judicial officer's or county clerk's normal
working hours.
{ - (6) - } { + (7) + } The charging and accepting of a
personal payment by a judicial officer of this state or a county
clerk under subsection { - (5) - } { + (6) + } of this
section does not constitute a violation of any of the provisions
of ORS chapter 244.
{ - (7) - } { + (8) + } The amount of actual costs charged
by a judicial officer of this state or a county clerk under
subsection { - (5) - } { + (6) + } of this section may not
exceed:
(a) Actual expenses for food and lodging as verified by
receipts.
(b) If travel is made by personal vehicle, the actual number of
round-trip miles from the judicial officer's or county clerk's
home or office, whichever is greater, compensated at the rate of
reimbursement then provided by the State of Oregon to its
employees or, if travel is made by a commercial carrier,
reimbursement shall be made of the actual costs thereof, verified
by receipts.
{ - (8) - } { + (9) + } A judicial officer of this state or
a county clerk shall maintain records of the amount of personal
payments received for performing marriages { + or civil
unions + }, of actual costs and the supporting documentation
related { - thereto - } { + to performing marriages or civil
unions + } for a period of four years.
{ - (9) - } { + (10) + } The parties to a marriage { + or
civil union + } solemnized by a tax, appellate or circuit judge
of this state shall show to the judge proof of payment of the fee
required under subsection { - (4)(a) - } { + (5)(a) + } of
this section before solemnization. Except as provided in
subsection { - (4)(d) - } { + (5)(d) + } of this section, the
judge may not solemnize a marriage { + or civil union + }
without proof of payment of the fee.
SECTION 58. ORS 106.130 is amended to read:
106.130. A marriage { + or civil union + } solemnized before
any person professing to be a judicial officer of this state, a
county clerk or a clergyperson of a religious congregation or
organization therein is not void, nor shall the validity
{ - thereof - } { + of the marriage or civil union + } be in
any way affected, on account of any want of power or authority in
{ - such - } { + the + } person, if { - such - }
{ + the + } person was acting at the time in the office or the
capacity of a person authorized to solemnize { - marriage - }
{ + marriages or civil unions + } and if { - such - }
{ + the + } marriage { + or civil union + } is consummated with
the belief on the part of the { - persons so married - } { +
parties + }, or either of them, that they have been lawfully
joined in { + a + } marriage { + or civil union + }.
SECTION 59. ORS 106.140 is amended to read:
106.140. { - No person shall - } { + A person may not + }
undertake to join others in { + a + } marriage { + or civil
union + } knowing that the person is not lawfully authorized so
to do. { - No - } { + A + } person authorized to solemnize
{ - marriage shall - } { + marriages or civil unions may
not + } join persons in { + a + } marriage { + or civil
union + } contrary to any of the provisions of ORS 106.010 to
106.060 or 106.100 to 106.190.
SECTION 60. ORS 106.150 is amended to read:
106.150. (1) In the solemnization of a marriage { + or civil
union, + } no particular form is required except that the parties
thereto shall assent or declare in the presence of the
clergyperson, county clerk or judicial officer solemnizing the
marriage { + or civil union + } and in the presence of at least
two witnesses, that { + :
(a) In the solemnization of a marriage, + } they take each
other to be husband and wife { + ; or
(b) In the solemnization of a civil union, they take each other
to be partners + }.
(2) All marriages { + and civil unions + }, to which there are
no legal impediments, solemnized before or in any religious { +
congregation or + } organization { - or congregation - }
according to the established ritual or form commonly practiced
{ - therein - } { + in the congregation or organization + },
are valid. In { - such - } { + that + } case, the person
presiding or officiating in { - such - } { + the + }
religious { + congregation or + } organization { - or
congregation - } shall make and deliver to the county clerk who
issued the marriage license { + or civil union license + } the
certificate described in ORS 106.170.
SECTION 61. ORS 106.160 is amended to read:
106.160. The person solemnizing the marriage { + or civil
union + } shall give to the parties to the marriage { + or civil
union + } a
{ - marriage - } certificate in the form prescribed in ORS
106.165 (1) and (2).
SECTION 62. ORS 106.165 is amended to read:
106.165. (1) The Director of Human Services by rule shall
prescribe a standard form of the marriage certificate { + and a
standard form of the civil union certificate + } to be used in
this state. The { - certificate - } { + certificates + }
shall contain the names and addresses of the parties and of at
least two witnesses, the date and place of the marriage { + or
civil union + }, the signature of the person who solemnized the
marriage { + or civil union + }, the date of the license
{ - for the marriage - } and the name of the county clerk who
issued the license.
(2) The form { + of each certificate + } shall be of such size
and appearance as to emphasize the importance of the event that
it evidences and the significance of the pioneer heritage of this
state.
(3) In carrying out the duties imposed by subsections (1) and
(2) of this section, the director { - of Human Services - }
shall consult with the county clerks and may authorize a
competition among graphic artists to prepare the { - form - }
{ + forms + } to be prescribed.
SECTION 63. ORS 106.170 is amended to read:
106.170. (1) A person solemnizing a marriage { + or civil
union + } shall { + , + } within one month { - thereafter - }
{ + after the solemnization, + } make and deliver to the county
clerk who issued the license for the marriage { + or civil
union + } a certificate containing:
(a) The names and addresses of the parties and the names of at
least two witnesses;
(b) The date and place of the marriage { + or civil union + };
(c) The date of the { - marriage - } license and the name of
the county that issued the license;
(d) If the person who solemnized the marriage { + or civil
union + } is a clergyperson, the name and location of the
religious congregation or organization that authorized the person
to solemnize marriages { + or civil unions + }; and
(e) The signature of the person who solemnized the marriage
{ + or civil union + }.
(2) The certificate { + for a marriage + } may be in the
following form:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Oregon)
) ss.
County of ___
, )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
This is to certify that the undersigned (judicial officer,
county clerk or clergyperson, as the case may be), by authority
of a marriage license bearing date the ___ of ___, 2_, and issued
by the county clerk of the County of ____, did on the ___ day of
___, 2_, at the house of ____, in the county and state aforesaid,
join in lawful wedlock, A. B., of the County of ____, and State
of ____, and C. D., of the County of ____, and State of ____,
with their mutual assent, in the presence of E. F. and G. H.,
witnesses. If the undersigned is a clergyperson, the authority to
solemnize the marriage is granted by ____ (name of religious
congregation or organization), located in ____ (city, town or
county, and state or country).
Witness my hand.
J. P.
(Judicial officer, county clerk or clergyperson, as the case
may be.)
_________________________________________________________________
{ + (3) The certificate for a civil union may be in the
following form: + }
________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
State of Oregon)
) ss.
County of ___
, ) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + This is to certify that the undersigned (judicial
officer, county clerk or clergyperson, as the case may be), by
authority of a civil union license bearing date the ___ of ___,
2__, and issued by the county clerk of the County of _____, did
on the ___ day of ___, 2__, at the house of _____, in the county
and state aforesaid, join in civil union, A. B., of the County of
_____, and State of _____, and C. D., of the County of _____, and
State of _____, with their mutual assent, in the presence of E.
F. and G. H., witnesses. If the undersigned is a clergyperson,
the authority to solemnize the civil union is granted by _____
(name of religious congregation or organization), located in
_____ (city, town or county, and state or country).
Witness my hand. + }
{ + J. P.
(Judicial officer, county clerk or clergyperson, as the case
may be.) + }
________________________________________________________________
SECTION 64. ORS 106.180 is amended to read:
106.180. (1) The county clerk shall file the certificate
mentioned in ORS 106.170 and record it in the record of marriages
{ + and civil unions + }. { - No fee shall be charged for
such - } { + The county clerk may not charge a fee for + }
filing, recording or indexing { + the certificate + }.
(2) Notwithstanding any other provision of law, the record of
{ - marriage - } { + marriages and civil unions + }
maintained by a county clerk is not a vital record as defined by
ORS 432.005 and is a public record open and subject to full
disclosure.
SECTION 65. ORS 106.220 is amended to read:
106.220. Upon entering into { + a + } marriage { + or civil
union + }, either person may retain the prior surname, and either
person may resume the person's prior legal name during the
marriage { + or civil union + }.
SECTION 66. { + Section 67 of this 2005 Act is added to and
made a part of ORS chapter 106. + }
SECTION 67. { + (1) Partners in a civil union have
substantially equivalent privileges, immunities, rights, benefits
and responsibilities under the laws of this state, whether
derived from the Constitution, a statute, an administrative or
court rule, a policy or the common law, as are granted to or
imposed on spouses joined in a marriage. If a law provides
privileges, immunities, rights or benefits to, or imposes
responsibilities on, a person because the person is or was
married, the law applies equally to a person who is or was in a
civil union.
(2) The child of a partner in a civil union has the same
privileges, immunities, rights, benefits and responsibilities
under the laws of this state as are granted to or imposed on the
child of a spouse who is joined in a marriage.
(3) This section is intended to extend to partners in a civil
union and their children the privileges, immunities, rights,
benefits and responsibilities that flow from marriage under
Oregon law. Many of the laws of this state are intertwined with
federal law, and the Legislative Assembly recognizes that it does
not have the jurisdiction to control federal laws or the
privileges, immunities, rights, benefits and responsibilities
related to federal laws.
(4) This section shall be construed to secure for partners in a
civil union a legal status that is substantially equivalent to
that conferred upon spouses in a marriage, with the privileges,
immunities, rights, benefits and responsibilities that are
substantially equivalent to those of marriage.
(5) Whenever the term 'husband,' 'wife,' 'married woman,'
'spouse,' 'family,' 'immediate family, ' ' dependent' or 'next of
kin' or any other term that denotes or includes the spousal
relationship is used in the laws of this state, the term includes
a partner in a civil union.
(6)(a) Whenever the term 'marriage' or any other term that
denotes or includes the marital relationship or the status of
marriage is used in the laws of this state, the term includes a
civil union.
(b) Whenever the term 'marry,' 'marries' or 'married ' or any
other term that denotes or includes the act or state of being
joined as husband and wife in marriage is used in the laws of
this state, the term includes the act or state of being joined as
partners in a civil union. + }
SECTION 68. { + ORS 106.045, 106.081 and 106.165 are added to
and made a part of ORS chapter 106. + }
{ +
MISCELLANEOUS + }
SECTION 69. { + The unit captions used in this 2005 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2005 Act. + }
SECTION 70. { + This 2005 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-third
Legislative Assembly adjourns sine die. + }
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