75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3369
 
                         House Bill 2752
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Defines 'individual with a disability' for products of
individuals with disabilities as individual who receives Social
Security disability benefits or Social Security income. Provides
that qualified nonprofit agency for individuals with disabilities
must employ individuals with disabilities during July 1 to June
30 fiscal year for not less than 75 percent of work hours of
direct labor required in each contract for manufacture or
provision of products or services.
 
                        A BILL FOR AN ACT
Relating to products of individuals with disabilities; creating
  new provisions; and amending ORS 279.835.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 279.835 is amended to read:
  279.835. As used in ORS 279.835 to 279.855:
    { - (1) 'Department' means the Oregon Department of
Administrative Services. - }
    { - (2) - }  { +  (1)(a) + } 'Direct labor'   { - includes
all - }  { +  means + } work required for preparation, processing
and packing  { - , - }  { + . + }
   { +  (b) 'Direct labor' does not include + }   { - but not - }
supervision, administration, inspection   { - and - }  { +
or + } shipping.
    { - (3) - }  { +  (2) + } 'Individual with a disability'
means an individual who, because of the nature of { +  the
individual's + } disabilities, is { +  receiving federal Social
Security disability benefits or income from Social Security,
is + } not able to participate   { - fully - }  in
competitive { +  full-time or part-time + } employment  { - , - }
and { +  is an individual + } for whom specialized employment
opportunities must be provided.
    { - (4) - }  { +  (3) + } 'Public agency' or 'public
contracting agency ' means   { - any - }  { +  an + } agency of
the State of Oregon or any political subdivision
 { - thereof - }  { +  of the State of Oregon + } authorized by
law to enter into public contracts and   { - any - }  { +  a + }
public body created by intergovernmental agreement.
    { - (5) - }  { +  (4) + } 'Qualified nonprofit agency for
individuals with disabilities' means a nonprofit activity center
or rehabilitation facility:
 
  (a) Organized under the laws of the United States or of this
state and operated in the interest of individuals with
disabilities,   { - and - }  the net income of which does not
inure in whole or in part to the benefit of   { - any - }  { +
a + } shareholder or other individual;
  (b) That complies with   { - any - }  applicable occupational
health and safety   { - standard - }  { +  standards + } required
by the laws of the United States or of this state; and
  (c) That in the manufacture of products and in the provision of
services, whether or not the products or services are procured
under ORS 279.835 to 279.855, during the fiscal year { +  July 1
to June 30 + } employs individuals with disabilities for not less
than 75 percent of the work hours of direct labor required { +
in each contract + } for the manufacture or provision of the
products or services.
  SECTION 2.  { + The amendments to ORS 279.835 by section 1 of
this 2009 Act apply to contracts first advertised or otherwise
solicited or, if not advertised or solicited, first entered into
on or after the effective date of this 2009 Act. + }
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