ORS Chapter 185
Chapter 185 — OregonDisabilities Commission; Commissions on Hispanic Affairs, Black Affairs andAsian Affairs; Commission for Women
2009 EDITION
STATECOMMISSIONS
EXECUTIVEBRANCH; ORGANIZATION
OREGONADVOCACY COMMISSIONS OFFICE
185.005 OregonAdvocacy Commissions Office
185.010 Administratorof office
185.020 Assistanceof Bureau of Labor and Industries
185.025 OregonAdvocacy Commissions Office Account
OREGONDISABILITIES COMMISSION
(Generally)
185.110 Definitionsfor ORS 185.110 to 185.230
185.130 OregonDisabilities Commission; qualifications
185.140 Advisoryfunction
185.150 Duties
185.155 Monitoringof progress of institutions of higher education and colleges in eliminatingbarriers to access
185.170 Retaliationfor legislative testimony prohibited
185.190 Meetings;quorum; duties of chairperson
185.200 Compensationand expenses
(SignLanguage Interpreters)
185.225 Standardsfor sign language interpreters in public schools; rules
185.230 Contractto provide sign language interpreters for state agencies; fees
COMMISSIONON HISPANIC AFFAIRS
185.310 Policy
185.320 Commissionon Hispanic Affairs; confirmation; term; officers; quorum; compensation andexpenses
185.330 Duties
COMMISSIONON BLACK AFFAIRS
185.410 Policy
185.420 Commissionon Black Affairs; confirmation; term; officers; quorum; compensation andexpenses
185.430 Duties
COMMISSIONFOR WOMEN
185.510 Policy;report
185.520 Commissionfor Women; confirmation; term; officers; meetings; funds
185.530 Specialstudy committees
185.540 Duties
185.550 Compensationand expenses
185.560 Servicecontracts for child care information and referral
COMMISSIONON ASIAN AFFAIRS
185.610 Commissionon Asian Affairs; confirmation; term; officers; quorum; compensation andexpenses
185.620 Duties
185.625 Additionalduties
OREGONADVOCACY COMMISSIONS OFFICE
185.005Oregon Advocacy Commissions Office. The Oregon Advocacy Commissions Officeis 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 Affairs. [2005 c.818 §1]
185.010Administrator of office. (1) The Oregon Advocacy Commissions Office shall bestaffed by an administrator, who is responsible for the performance of theduties, functions and powers of the office.
(2)A board consisting of the chairpersons of the commissions served by the officeand the Commissioner of the Bureau of Labor and Industries shall establish thequalifications for and appoint the Administrator of the Oregon AdvocacyCommissions Office.
(3)The Administrator of the Oregon Advocacy Commissions Office shall receive asalary as prescribed by law, or as prescribed by the board described insubsection (2) of this section if a salary is not prescribed by law.
(4)The Administrator of the Oregon Advocacy Commissions Office is in theunclassified service.
(5)The Administrator of the Oregon Advocacy Commissions Office shall provide eachcommission served by the office with the administrative support needed by thecommission to carry out the statutory duties of the commission. Subject to anyapplicable provisions of the State Personnel Relations Law, the administratorshall employ all persons necessary for the operation of the office, prescribethe duties of those employees and establish the compensation payable to thoseemployees. [2005 c.818 §2; 2007 c.814 §1]
185.015 [2005 c.818 §3;repealed by 2007 c.814 §3]
185.020Assistance of Bureau of Labor and Industries. In performing powers and dutiesunder ORS 185.005 to 185.025, the Oregon Advocacy Commissions Office mayutilize 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 administrativeservices, such share to be fixed by biennial negotiation between the office andthe bureau. [2005 c.818 §4; 2007 c.814 §2]
185.025Oregon Advocacy Commissions Office Account. (1) The Oregon AdvocacyCommissions Office Account is established in the General Fund of the StateTreasury. The account consists of the moneys received by the Oregon AdvocacyCommissions Office, or by the commissions served by the office, other thanmoneys appropriated to the office by the Legislative Assembly. All moneys inthe account are appropriated continuously to the office, and may be used by theoffice only for the commission to which the contribution was made and for thepurposes for which the contributions were made.
(2)The Oregon Advocacy Commissions Office, and the commissions served by theoffice, may accept contributions of funds and assistance from the UnitedStates, agencies of the United States or any other source, public or private,and agree to conditions on receiving the funds or assistance. Any fundsreceived under this section must be deposited in the Oregon AdvocacyCommissions Office Account. [2005 c.818 §5]
OREGONDISABILITIES COMMISSION
(Generally)
185.110Definitions 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 withdisabilities who have joined together for purposes of informing the public oftheir needs and obtaining resources, services and benefits for their membership.
(2)“Consumer” means an individual with a disability, or a parent or legalguardian, other than the State of Oregon, of an individual with a disability,who utilizes the services made available by public and private organizationswhich 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 ofthe individual’s major life activities;
(b)Has a record of such impairment; or
(c)Is regarded as having such an impairment.
(4)“Sign language interpreter” means a person who is readily able to communicatewith a person who is hard of hearing, translate proceedings or conversationsand accurately repeat and translate the statements of a person who is hard ofhearing. [1983 c.726 §1; 1989 c.224 §15; 1991 c.365 §1; 2005 c.663 §13; 2007c.70 §49]
185.120 [1983 c.726 §2;1989 c.224 §16; 1989 c.657 §1; repealed by 2005 c.663 §14]
185.130Oregon Disabilities Commission; qualifications. (1) The OregonDisabilities Commission is created within the Department of Human Services. Thecommission consists of 15 members appointed by the Governor for not more thantwo consecutive three-year terms.
(2)Prior to making appointments, the Governor shall request and considerrecommendations from advocate self-help groups and other interested public andprivate agencies.
(3)The membership of the commission shall be composed of members broadlyrepresentative of major public and private agencies who are experienced in orhave demonstrated particular interest in the special needs of individuals withdisabilities and consumers. Appointments shall be made with considerationsgiven to geographic representation and a majority shall be individuals withdisabilities as defined in ORS 185.110 (3). [1983 c.726 §3; 1987 c.80 §1; 1989c.224 §17; 2005 c.663 §7]
185.140Advisory function.(1) The Oregon Disabilities Commission shall:
(a)Advise the Department of Human Services, the Governor, the Legislative Assemblyand appropriate state agency administrators on services and resources needed toserve individuals with disabilities and recommend action by the Governor, theLegislative Assembly, state agencies, other governmental entities and theprivate sector appropriate to meet such needs.
(b)Advise the Governor, state and local elected officials and managers of publicand 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 responsibilitiesof any other existing or duly appointed commissions, boards, councils orcommittees. The commission shall act as a coordinating link between and amongpublic and private organizations serving individuals with disabilities. [1983c.726 §§4, 8(2); 1989 c.224 §18; 1989 c.470 §3; 1989 c.657 §2; 2007 c.70 §50]
185.150Duties.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 theyrelate to the full achievement of economic, social, legal and political equity;
(3)Advising the Department of Human Services, the Governor, the LegislativeAssembly and appropriate state agency administrators on how state services forindividuals with disabilities might be improved or better coordinated to meetthe needs of the individuals with disabilities;
(4)Advising local government agencies on matters which affect individuals withdisabilities;
(5)Submitting a report of commission activities and recommendations to theGovernor at least annually, and to the Legislative Assembly at least bienniallyand nominating qualified individuals with disabilities for appointment toboards, commissions and policy level management and professional positions;
(6)Studying and reporting on state agency programs and budgets that affectindividuals with disabilities;
(7)Informing individuals with disabilities where they may obtain assistance inrehabilitation and employment and about laws prohibiting discrimination inemployment as a result of disability;
(8)Cooperating with and assisting other interest groups in rehabilitation andemployment of individuals with disabilities and encouraging public and privateemployers to undertake affirmative action to assure equitable employment ofindividuals with disabilities;
(9)Giving impetus and assistance to local community committees and fostering amore equitable climate for rehabilitation and equitable employment ofindividuals with disabilities;
(10)Promoting a continuous program of information and education to employers andthe general public so they are aware of and sensitive to the needs and desiresof individuals with disabilities for equitable education and training that willassure individuals with disabilities of their full vocational potentials;
(11)Promoting a continuous information program for placement of individuals withdisabilities in suitable employment; and
(12)Coordinating and executing programs of the President’s Committee on Employmentof the Handicapped, if any, and participating with other groups in sponsoringsuitable public recognition programs for individuals with disabilities. [1983c.726 §5; 1989 c.47 §1; 1989 c.224 §19; 1989 c.470 §4; 1989 c.657 §3; 2005c.663 §8]
185.155Monitoring of progress of institutions of higher education and colleges ineliminating barriers to access. The Oregon Disabilities Commissionshall monitor the progress of each institution or college in accomplishing theelimination of barriers to access and shall be consulted if access needs andpriorities determined by the physical access committee are significantlyrevised. The commission may recommend revision if the commission believes theneeds or priorities, or both, should be changed. [1991 c.935 §4]
Note: 185.155 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 185 or any series therein by legislative action. SeePreface 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]
185.170Retaliation for legislative testimony prohibited. No employershall retaliate against any employee member of the Oregon DisabilitiesCommission for any testimony given by the member of the commission before theLegislative 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]
185.190Meetings; quorum; duties of chairperson. The Oregon Disabilities Commissionshall meet at a place, date and hour determined by the commission. The commissionshall meet at other times and places specified by the call of the chairpersonor a majority of the members of the commission. A majority of the members ofthe commission constitutes a quorum for the transaction of business. Thechairperson shall exercise powers necessary for the performance of thefunctions of the office of the chairperson as determined by the commission. [1983c.726 §10; 1985 c.184 §3; 1987 c.80 §2; 1989 c.224 §23; 1999 c.26 §1]
185.200Compensation and expenses. Members of the Oregon Disabilities Commission shallreceive compensation and expenses as provided in ORS 292.495. Travel and perdiem for state employees shall be compensated by the commission. [1983 c.726 §11;1989 c.224 §24]
(SignLanguage Interpreters)
185.220 [1991 c.365 §3;repealed by 2005 c.663 §14]
185.225Standards for sign language interpreters in public schools; rules. The State Boardof Education shall adopt by rule standards for sign language interpreters forpersons in the public schools who are deaf or hard of hearing. In developingthe standards, the state board shall consult with the advisory committeecreated under ORS 410.740 and the Director of Human Services. [1991 c.365 §4;2005 c.663 §9; 2007 c.70 §51]
185.230Contract to provide sign language interpreters for state agencies; fees. (1) Any publicagency may contract with the Department of Human Services for the coordinationand provision of sign language interpreter services.
(2)From funds available under subsection (1) of this section, the department shallcontract with certified sign language interpreters to provide, for a feeestablished by rule of the department, sign language interpretation services topublic agencies with whom the department has a contract for such services. [1991c.748 §2; 2005 c.663 §10]
COMMISSIONON HISPANIC AFFAIRS
185.310Policy.(1) It is declared to be the policy and intent of the Legislative Assembly thatthe Commission on Hispanic Affairs is created to work for the implementationand establishment of economic, social, legal and political equality forHispanics in Oregon.
(2)The commission shall make recommendations to the Governor and shall report toeach regular session of the Legislative Assembly. [1983 c.132 §1]
185.320Commission on Hispanic Affairs; confirmation; term; officers; quorum; compensationand expenses.(1) The Commission on Hispanic Affairs shall be comprised of 11 members, toinclude two representatives from the Legislative Assembly, one appointed by thePresident of the Senate, one appointed by the Speaker of the House ofRepresentatives. Nine members shall be appointed by the Governor and confirmedby the Senate pursuant to section 4, Article III, Oregon Constitution. To theextent possible, members appointed by the Governor shall provide for representationfrom all areas of the state. All of the members of the commission shall beresidents of this state.
(2)Members appointed by the Governor shall serve three-year terms. Legislatorsshall 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 thetransaction of business.
(5)Appointments to the commission shall be made to ensure representation ofHispanics in Oregon.
(6)Members of the commission who are not legislators shall be paid compensationand expenses as provided in ORS 292.495 from funds appropriated to the OregonAdvocacy Commissions Office.
(7)Members of the commission who are legislators shall be paid compensation andexpense reimbursement as provided in ORS 171.072, payable from fundsappropriated to the Legislative Assembly. [1983 c.132 §2; 1987 c.879 §6; 1991c.643 §34; 2005 c.818 §6]
185.330Duties.In carrying out the duties of ORS 185.310 to 185.330, the Commission onHispanic Affairs shall:
(1)Monitor existing programs and legislation designed to meet the needs of theHispanic population.
(2)Identify and research problem areas and issues affecting the Hispanic communityand recommend actions to the Governor and the Legislative Assembly, includingrecommendations 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]