Chapter 185 — Oregon Disabilities Commission; Commissions on Hispanic Affairs, Black Affairs and Asian and Pacific Islander Affairs; Commission for Women

2011 EDITION

STATE COMMISSIONS

EXECUTIVE BRANCH; ORGANIZATION

OREGON ADVOCACY COMMISSIONS OFFICE

185.005 Oregon Advocacy Commissions Office

185.010 Administrator of office

185.020 Assistance of Bureau of Labor and Industries

185.025 Oregon Advocacy Commissions Office Account

OREGON DISABILITIES COMMISSION

(Generally)

185.110 Definitions for ORS 185.110 to 185.230

185.130 Oregon Disabilities Commission; qualifications

185.140 Advisory function

185.150 Duties

185.155 Monitoring of progress of institutions of higher education and colleges in eliminating barriers to access

185.170 Retaliation for legislative testimony prohibited

185.190 Meetings; quorum; duties of chairperson

185.200 Compensation and expenses

(Sign Language Interpreters)

185.225 Standards for sign language interpreters in public schools; rules

185.230 Contract to provide sign language interpreters for state agencies; fees

COMMISSION ON HISPANIC AFFAIRS

185.310 Policy

185.320 Commission on Hispanic Affairs; confirmation; term; officers; quorum; compensation and expenses

185.330 Duties

COMMISSION ON BLACK AFFAIRS

185.410 Policy

185.420 Commission on Black Affairs; confirmation; term; officers; quorum; compensation and expenses

185.430 Duties

COMMISSION FOR WOMEN

185.510 Policy; report

185.520 Commission for Women; confirmation; term; officers; meetings; funds

185.530 Special study committees

185.540 Duties

185.550 Compensation and expenses

185.560 Service contracts for child care information and referral

COMMISSION ON ASIAN AND PACIFIC ISLANDER AFFAIRS

185.610 Commission on Asian and Pacific Islander Affairs; confirmation; term; officers; quorum; compensation and expenses

185.620 Duties

185.625 Additional duties

OREGON ADVOCACY COMMISSIONS OFFICE

185.005 Oregon Advocacy Commissions Office. The Oregon Advocacy Commissions Office is established to provide administrative support to:

(1) The Commission on Hispanic Affairs;

(2) The Commission on Black Affairs;

(3) The Commission for Women; and

(4) The Commission on Asian and Pacific Islander Affairs. [2005 c.818 §1; 2011 c.273 §6]

185.010 Administrator of office. (1) The Oregon Advocacy Commissions Office shall be staffed by an administrator, who is responsible for the performance of the duties, functions and powers of the office.

(2) A board consisting of the chairpersons of the commissions served by the office and the Commissioner of the Bureau of Labor and Industries shall establish the qualifications for and appoint the Administrator of the Oregon Advocacy Commissions Office.

(3) The Administrator of the Oregon Advocacy Commissions Office shall receive a salary as prescribed by law, or as prescribed by the board described in subsection (2) of this section if a salary is not prescribed by law.

(4) The Administrator of the Oregon Advocacy Commissions Office is in the unclassified service.

(5) The Administrator of the Oregon Advocacy Commissions Office shall provide each commission served by the office with the administrative support needed by the commission to carry out the statutory duties of the commission. Subject to any applicable provisions of the State Personnel Relations Law, the administrator shall employ all persons necessary for the operation of the office, prescribe the duties of those employees and establish the compensation payable to those employees. [2005 c.818 §2; 2007 c.814 §1]

185.015 [2005 c.818 §3; repealed by 2007 c.814 §3]

185.020 Assistance of Bureau of Labor and Industries. In performing powers and duties under ORS 185.005 to 185.025, the Oregon Advocacy Commissions Office may utilize the administrative assistance of the Bureau of Labor and Industries. The office shall pay to the bureau a proportionate share of the cost of such administrative services, such share to be fixed by biennial negotiation between the office and the bureau. [2005 c.818 §4; 2007 c.814 §2]

185.025 Oregon Advocacy Commissions Office Account. (1) The Oregon Advocacy Commissions Office Account is established in the General Fund of the State Treasury. The account consists of the moneys received by the Oregon Advocacy Commissions Office, or by the commissions served by the office, other than moneys appropriated to the office by the Legislative Assembly. All moneys in the account are appropriated continuously to the office, and may be used by the office only for the commission to which the contribution was made and for the purposes for which the contributions were made.

(2) The Oregon Advocacy Commissions Office, and the commissions served by the office, may accept contributions of funds and assistance from the United States, agencies of the United States or any other source, public or private, and agree to conditions on receiving the funds or assistance. Any funds received under this section must be deposited in the Oregon Advocacy Commissions Office Account. [2005 c.818 §5]

OREGON DISABILITIES COMMISSION

(Generally)

185.110 Definitions for ORS 185.110 to 185.230. As used in ORS 185.110 to 185.230, unless the context requires otherwise:

(1) “Advocate self-help group” means any organized group of individuals with disabilities who have joined together for purposes of informing the public of their needs and obtaining resources, services and benefits for their membership.

(2) “Consumer” means an individual with a disability, or a parent or legal guardian, other than the State of Oregon, of an individual with a disability, who utilizes the services made available by public and private organizations which serve individuals with disabilities.

(3) “Individual with a disability” means anyone who:

(a) Has a physical or mental impairment which substantially limits one or more of the individual’s major life activities;

(b) Has a record of such impairment; or

(4) “Sign language interpreter” means a person who is readily able to communicate with a person who is hard of hearing, translate proceedings or conversations and accurately repeat and translate the statements of a person who is hard of hearing. [1983 c.726 §1; 1989 c.224 §15; 1991 c.365 §1; 2005 c.663 §13; 2007 c.70 §49]

185.120 [1983 c.726 §2; 1989 c.224 §16; 1989 c.657 §1; repealed by 2005 c.663 §14]

185.130 Oregon Disabilities Commission; qualifications. (1) The Oregon Disabilities Commission is created within the Department of Human Services. The commission consists of 15 members appointed by the Governor for not more than two consecutive three-year terms.

(2) Prior to making appointments, the Governor shall request and consider recommendations from advocate self-help groups and other interested public and private agencies.

(3) The membership of the commission shall be composed of members broadly representative of major public and private agencies who are experienced in or have demonstrated particular interest in the special needs of individuals with disabilities and consumers. Appointments shall be made with considerations given to geographic representation and a majority shall be individuals with disabilities as defined in ORS 185.110 (3). [1983 c.726 §3; 1987 c.80 §1; 1989 c.224 §17; 2005 c.663 §7]

185.140 Advisory function. (1) The Oregon Disabilities Commission shall:

(a) Advise the Department of Human Services, the Oregon Health Authority, the Governor, the Legislative Assembly and appropriate state agency administrators on services and resources needed to serve individuals with disabilities and recommend action by the Governor, the Legislative Assembly, state agencies, other governmental entities and the private sector appropriate to meet such needs.

(b) Advise the Governor, state and local elected officials and managers of public and private firms and agencies on issues related to achieving full economic, social, legal and political equity for individuals with disabilities.

(2) The commission in no way shall impinge upon the authority or responsibilities of any other existing or duly appointed commissions, boards, councils or committees. The commission shall act as a coordinating link between and among public and private organizations serving individuals with disabilities. [1983 c.726 §§4, 8(2); 1989 c.224 §18; 1989 c.470 §3; 1989 c.657 §2; 2007 c.70 §50; 2011 c.720 §68a]

185.150 Duties. The duties of the Oregon Disabilities Commission may include:

(1) Identifying and hearing the concerns of individuals with disabilities;

(2) Publicizing the needs and concerns of individuals with disabilities as they relate to the full achievement of economic, social, legal and political equity;

(3) Advising the Department of Human Services, the Governor, the Legislative Assembly and appropriate state agency administrators on how state services for individuals with disabilities might be improved or better coordinated to meet the needs of the individuals with disabilities;

(4) Advising local government agencies on matters which affect individuals with disabilities;

(5) Submitting a report of commission activities and recommendations to the Governor at least annually, and to the Legislative Assembly at least biennially and nominating qualified individuals with disabilities for appointment to boards, commissions and policy level management and professional positions;

(6) Studying and reporting on state agency programs and budgets that affect individuals with disabilities;

(7) Informing individuals with disabilities where they may obtain assistance in rehabilitation and employment and about laws prohibiting discrimination in employment as a result of disability;

(8) Cooperating with and assisting other interest groups in rehabilitation and employment of individuals with disabilities and encouraging public and private employers to undertake affirmative action to assure equitable employment of individuals with disabilities;

(9) Giving impetus and assistance to local community committees and fostering a more equitable climate for rehabilitation and equitable employment of individuals with disabilities;

(10) Promoting a continuous program of information and education to employers and the general public so they are aware of and sensitive to the needs and desires of individuals with disabilities for equitable education and training that will assure individuals with disabilities of their full vocational potentials;

(11) Promoting a continuous information program for placement of individuals with disabilities in suitable employment; and

(12) Coordinating and executing programs of the President’s Committee on Employment of the Handicapped, if any, and participating with other groups in sponsoring suitable public recognition programs for individuals with disabilities. [1983 c.726 §5; 1989 c.47 §1; 1989 c.224 §19; 1989 c.470 §4; 1989 c.657 §3; 2005 c.663 §8]

185.155 Monitoring of progress of institutions of higher education and colleges in eliminating barriers to access. The Oregon Disabilities Commission shall monitor the progress of each institution or college in accomplishing the elimination of barriers to access and shall be consulted if access needs and priorities determined by the physical access committee are significantly revised. The commission may recommend revision if the commission believes the needs or priorities, or both, should be changed. [1991 c.935 §4]

Note: 185.155 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 185 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

185.160 [1983 c.726 §6; 1989 c.224 §20; 2001 c.716 §21; repealed by 2005 c.663 §14]

185.165 [1991 c.748 §3; repealed by 2001 c.716 §30]

185.170 Retaliation for legislative testimony prohibited. No employer shall retaliate against any employee member of the Oregon Disabilities Commission for any testimony given by the member of the commission before the Legislative Assembly or a legislative committee. [1983 c.726 §7; 1989 c.224 §21]

185.180 [1983 c.726 §§8(1), 9; 1989 c.47 §2; 1989 c.224 §22; repealed by 2005 c.663 §14]

185.190 Meetings; quorum; duties of chairperson. The Oregon Disabilities Commission shall meet at a place, date and hour determined by the commission. The commission shall meet at other times and places specified by the call of the chairperson or a majority of the members of the commission. A majority of the members of the commission constitutes a quorum for the transaction of business. The chairperson shall exercise powers necessary for the performance of the functions of the office of the chairperson as determined by the commission. [1983 c.726 §10; 1985 c.184 §3; 1987 c.80 §2; 1989 c.224 §23; 1999 c.26 §1]

185.200 Compensation and expenses. Members of the Oregon Disabilities Commission shall receive compensation and expenses as provided in ORS 292.495. Travel and per diem for state employees shall be compensated by the commission. [1983 c.726 §11; 1989 c.224 §24]

(Sign Language Interpreters)

185.220 [1991 c.365 §3; repealed by 2005 c.663 §14]

185.225 Standards for sign language interpreters in public schools; rules. The State Board of Education shall adopt by rule standards for sign language interpreters for persons in the public schools who are deaf or hard of hearing. In developing the standards, the state board shall consult with the advisory committee created under ORS 410.740 and the Director of Human Services. [1991 c.365 §4; 2005 c.663 §9; 2007 c.70 §51]

185.230 Contract to provide sign language interpreters for state agencies; fees. (1) Any public agency may contract with the Department of Human Services for the coordination and provision of sign language interpreter services.

(2) From funds available under subsection (1) of this section, the department shall contract with certified sign language interpreters to provide, for a fee established by rule of the department, sign language interpretation services to public agencies with whom the department has a contract for such services. [1991 c.748 §2; 2005 c.663 §10]

COMMISSION ON HISPANIC AFFAIRS

185.310 Policy. (1) It is declared to be the policy and intent of the Legislative Assembly that the Commission on Hispanic Affairs is created to work for the implementation and establishment of economic, social, legal and political equality for Hispanics in Oregon.

(2) The commission shall make recommendations to the Governor and shall report to each odd-numbered year regular session of the Legislative Assembly. [1983 c.132 §1; 2011 c.545 §32]

185.320 Commission on Hispanic Affairs; confirmation; term; officers; quorum; compensation and expenses. (1) The Commission on Hispanic Affairs shall be comprised of 11 members, to include two representatives from the Legislative Assembly, one appointed by the President of the Senate, one appointed by the Speaker of the House of Representatives. Nine members shall be appointed by the Governor and confirmed by the Senate pursuant to section 4, Article III, Oregon Constitution. To the extent possible, members appointed by the Governor shall provide for representation from all areas of the state. All of the members of the commission shall be residents of this state.

(2) Members appointed by the Governor shall serve three-year terms. Legislators shall serve two-year terms.

(3) The commission members shall elect a chairperson and vice chairperson.

(4) A majority of the members of the commission constitute a quorum for the transaction of business.

(5) Appointments to the commission shall be made to ensure representation of Hispanics in Oregon.

(6) Members of the commission who are not legislators shall be paid compensation and expenses as provided in ORS 292.495 from funds appropriated to the Oregon Advocacy Commissions Office.

(7) Members of the commission who are legislators shall be paid compensation and expense reimbursement as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly. [1983 c.132 §2; 1987 c.879 §6; 1991 c.643 §34; 2005 c.818 §6]

185.330 Duties. In carrying out the duties of ORS 185.310 to 185.330, the Commission on Hispanic Affairs shall:

(1) Monitor existing programs and legislation designed to meet the needs of the Hispanic population.

(2) Identify and research problem areas and issues affecting the Hispanic community and recommend actions to the Governor and the Legislative Assembly, including recommendations on legislative programs.

(3) Maintain a liaison between the Hispanic community and government entities.

(4) Encourage Hispanic representation on state boards and commissions. [1983 c.132 §3]

185.340 [1983 c.132 §4; repealed by 2005 c.818 §10]

185.350 [2001 c.716 §6; repealed by 2005 c.818 §10]

COMMISSION ON BLACK AFFAIRS

185.410 Policy. (1) It is declared to be the policy and intent of the Legislative Assembly that the Commission on Black Affairs is created to work for the implementation and establishment of economic, social, legal and political equality for blacks in Oregon.

(2) The commission shall make recommendations to the Governor and shall report to each odd-numbered year regular session of the Legislative Assembly. [1983 c.161 §1; 2011 c.545 §33]

185.420 Commission on Black Affairs; confirmation; term; officers; quorum; compensation and expenses. (1) The Commission on Black Affairs shall be comprised of 11 members, to include two representatives from the Legislative Assembly, one appointed by the President of the Senate, one appointed by the Speaker of the House of Representatives. Nine members shall be appointed by the Governor and confirmed by the Senate pursuant to section 4, Article III, Oregon Constitution. To the extent possible, members appointed by the Governor shall provide for representation from all areas of the state. All of the members of the commission shall be residents of this state.

(2) Members appointed by the Governor shall serve three-year terms. Legislators shall serve two-year terms.

(3) The commission members shall elect a chairperson and vice chairperson.

(4) A majority of the members of the commission constitute a quorum for the transaction of business.

(5) Appointments to the commission shall be made to ensure representation of blacks in Oregon.

(6) Members of the commission who are not legislators shall be paid compensation and expenses as provided in ORS 292.495 from funds appropriated to the Oregon Advocacy Commissions Office.

(7) Members of the commission who are legislators shall be paid compensation and expense reimbursement as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly. [1983 c.161 §2; 1987 c.879 §7; 1991 c.643 §35; 2005 c.818 §7]

185.430 Duties. In carrying out the duties of ORS 185.410 to 185.430, the Commission on Black Affairs shall:

(1) Monitor existing programs and legislation designed to meet the needs of the black population.

(2) Identify and research problem areas and issues affecting the black community and recommend actions to the Governor and the Legislative Assembly, including recommendations on legislative programs.

(3) Maintain a liaison between the black community and government entities.

(4) Encourage black representation on state boards and commissions. [1983 c.161 §3]

185.440 [1983 c.161 §4; repealed by 2005 c.818 §10]

185.450 [2001 c.716 §8; repealed by 2005 c.818 §10]

COMMISSION FOR WOMEN

185.510 Policy; report. (1) It is declared to be the policy and intent of the Legislative Assembly that the Commission for Women is created to work for the implementation and establishment of economic, social, legal and political equality for women and to maintain a continuing assessment of the issues and needs confronting women in Oregon.

(2) The commission shall submit to the Governor at the commencement of each biennium a report containing the concerns and issues confronting the women of Oregon which have been identified pursuant to the terms of ORS 185.510 to 185.550 and further identifying the programs, projects and activities which the commission will undertake regarding those issues. [1983 c.105 §1]

185.520 Commission for Women; confirmation; term; officers; meetings; funds. (1) The membership of the Commission for Women shall be comprised of 11 members, to include two representatives from the Legislative Assembly, one appointed by the President of the Senate, one appointed by the Speaker of the House of Representatives. Nine members shall be appointed by the Governor and confirmed by the Senate pursuant to section 4, Article III, Oregon Constitution. To the extent possible, members appointed by the Governor shall provide for representation from all areas of the state. All of the members of the commission shall be residents of this state.

(2) Members appointed by the Governor shall serve for three-year terms. Legislators shall serve two-year terms.

(3) The commission members shall elect a chairperson and vice chairperson for terms of one year and shall determine the duties of the officers.

(4) Members shall meet at the call of the chairperson not less than three times annually.

(5) Consistent with Oregon law, the commission may receive and accept funds for purposes consistent with the creation of the commission. [1983 c.105 §2; 2005 c.818 §7a; 2011 c.55 §1]

185.530 Special study committees. (1) The Commission for Women may establish ad hoc committees to study specific areas and make periodic reports to the commission.

(2) The chairpersons of the ad hoc committees shall be appointed by the chairperson of the commission, subject to approval by the commission.

(3) Membership on ad hoc committees is not limited to members of the commission.

(4) The period during which an ad hoc committee may function shall be determined at the time of its creation by the commission according to the nature of the study and project undertaken.

(5) Members of the ad hoc committees shall be designated as consultants to the full commission. [1983 c.105 §3; 1995 c.79 §67; 2011 c.9 §12]

185.540 Duties. The Commission for Women shall:

(1)(a) Analyze the legal status of women and men under the laws of Oregon relating to civil rights, contracts, income, property and the family in order to assure full equality and treatment under the law;

(b) Monitor the implementation of laws affecting the legal rights and duties of women; and

(2)(a) Work for equal opportunity and treatment for women in employment through an analysis of the employment policies and practices of employers, both public and private;

(b) Evaluate the development of methods to assure fuller employment options for women including nontraditional job opportunities, child care, job sharing and flextime and part-time employment; and

(c) Examine methods to develop greater employment opportunities and potentials for women with particular consideration for the needs of minority women, older women, rural women and displaced homemakers.

(3)(a) Evaluate the progress of providing equality of educational opportunities for women in Oregon as mandated by state and federal law;

(b) Assist efforts to inform women about nontraditional educational and employment opportunities; and

(c) Promote the elimination of sexist and racist barriers in the educational process, such as staffing patterns, teacher training, curriculum and textbook selection.

(4)(a) Encourage women to pursue a variety of roles in life, both in the community and in the family;

(b) Promote the full recognition of the contributions of women whether in the home, as volunteers in the community or in the labor market;

(d) Investigate family relationships which are detrimental to women and to the development of productive family life.

(5) Encourage and recommend women to serve on appointive boards and commissions and encourage them to seek elective office.

(6) Identify and address issues which may be unique to special categories of women including minority women, juvenile women, older women, rural women and displaced homemakers. [1983 c.105 §5; 1995 c.79 §68; 1995 c.278 §29]

185.550 Compensation and expenses. (1) Members of the Commission for Women who are not legislators shall be paid compensation and expenses as provided in ORS 292.495 from funds appropriated to the Oregon Advocacy Commissions Office.

(2) Members of the commission who are legislators shall be paid compensation and expense reimbursement as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly. [1983 c.105 §4; 1987 c.879 §8; 1991 c.643 §36; 2005 c.818 §8]

185.560 Service contracts for child care information and referral. (1) The Commission for Women may enter into service contracts on a competitive bid basis to public and private agencies, organizations and individuals for the purpose of establishing and operating community child care program information and referral services.

(2) The commission shall receive, evaluate and approve contract proposals pursuant to subsection (1) of this section.

(3) Contract proposals shall be in such form and contain such information as the commission shall specify.

(4) As used in this section, “child care program” means a publicly funded or privately operated program providing care of a child for a portion of the day, but less than 24 hours, outside of the child’s own home, but does not include any program whose primary component is psychiatric treatment. [1985 c.462 §1; 1995 c.278 §30]

185.570 [Formerly 184.940; repealed by 2005 c.818 §10]

COMMISSION ON ASIAN AND PACIFIC ISLANDER AFFAIRS

185.610 Commission on Asian and Pacific Islander Affairs; confirmation; term; officers; quorum; compensation and expenses. (1) The Commission on Asian and Pacific Islander Affairs is created. The commission has 11 members. Nine of the 11 members shall be appointed by the Governor, subject to confirmation by the Senate under ORS 171.562 and 171.565. The President of the Senate shall appoint one Senator as a member of the commission, and the Speaker of the House of Representatives shall appoint one Representative as a member of the commission. To the extent possible, members appointed by the Governor shall provide for representation from all areas of the state. All of the members of the commission shall be residents of this state.

(2) The term of office is three years. Appointments to fill a vacancy for an unexpired term shall be made by the person who made the original appointment.

(3) The commission shall elect a chairperson and vice chairperson for a term of one year and shall determine the duties of the officers.

(4) A majority of the members of the commission constitutes a quorum for the transaction of business.

(5)(a) Appointments to the commission shall be made to ensure ethnic representation of Asian and Pacific Islander Americans in Oregon.

(b) For the purpose of this subsection, “Asian and Pacific Islander Americans” has the meaning given that term in ORS 185.620.

(6) Members of the commission who are not legislators shall be paid compensation and expenses as provided in ORS 292.495 from funds appropriated to the Oregon Advocacy Commissions Office.

(7) Members of the commission who are legislators shall be paid compensation and expense reimbursement as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly. [1995 c.665 §1; 1999 c.493 §2; 2005 c.233 §1; 2005 c.818 §9; 2011 c.273 §1]

185.620 Duties. (1) The Commission on Asian and Pacific Islander Affairs shall:

(a) Identify barriers to the economic development and trade opportunities of Asian and Pacific Islander Americans within this state, and advise state agencies and officials on issues related to those barriers.

(b) Establish an Asian and Pacific Islander Affairs Network to facilitate the work of the commission.

(d) Compile information relating to services available to Asian and Pacific Islander American residents of this state, including but not limited to education and training programs, work programs, dispute resolution programs, trade opportunities, housing programs, health programs, mental health programs including alcohol and drug services, and welfare programs from local, state and federal sources and through private agencies.

(e) Develop and sponsor programs in cooperation with Asian and Pacific Islander American groups and organizations to inform Asian and Pacific Islander American residents of this state of services available to them.

(f) Assess all programs of state agencies operating for the benefit of Asian and Pacific Islander American residents of this state and make recommendations to the appropriate agencies for the improvement of those programs.

(g) Serve as liaison to other state boards and commissions as required by law.

(h) Submit to the Governor at the beginning of each biennium a report that describes the needs of Asian and Pacific Islander Americans identified under paragraph (c) of this subsection and that specifies the programs, projects and activities that the commission will undertake regarding those needs.

(2) As used in this section, “Asian and Pacific Islander American” means a resident of the United States who is of Asian or Pacific Islander ancestry. [1995 c.665 §2; 1999 c.493 §3; 1999 c.690 §2; 2003 c.244 §1; 2005 c.233 §2; 2011 c.273 §3]

185.625 Additional duties. The Legislative Assembly declares that the Commission on Asian and Pacific Islander Affairs shall work for the implementation and establishment of economic, social, legal and political equality for Asian and Pacific Islander Americans in this state and to maintain a continuing assessment of the issues and needs confronting Asian and Pacific Islander Americans in this state. [1999 c.493 §1; 2011 c.273 §4]

185.630 [1995 c.665 §3; repealed by 2005 c.818 §10]

185.640 [1995 c.665 §4; repealed by 2005 c.818 §10]

_______________