Chapter 346 — Chapter 346
99 sections in this chapter.
ORS 346.220 [Amended by 1975 c.638 §6; 1989 c.224 §63; 2007 c.70 §127; repealed by 2017 c.717 §23]
0.0K chars
[Repealed or reserved.]
ORS 346.230 [Amended by 1959 c.98 §1; 1961 c.484 §2; 1983 c.740 §114; 2005 c.755 §23; repealed by 2014 c.107 §1]
0.0K chars
[Repealed or reserved.]
ORS 346.235 [1959 c.98 §3; repealed by 1965 c.448 §4]
0.0K chars
[Repealed or reserved.]
ORS 346.240 Payment of incidental expenses of commission. (1) The Oregon Department of Administrative Services may, from time to time, as may be necessary, draw a warrant in favor of the Commission for the Blind for a sum not exceeding $1,500 in any one amount, to be used for the purpose of paying for postage, expressage, freight, telegraph, telephone and other incidental expenses for which payment must be made in cash
0.4K chars
(2) The commission shall file with the department, from time to time, vouchers for any warrants to be drawn under subsection (1) of this section. (3) Before the commission receives any moneys to be expended for incidental expenses, the commission shall designate the person to who…
ORS 346.250 Program of social and educational services. The Commission for the Blind may establish a program of social and educational services for the purpose of ameliorating the condition of persons with visual impairments by providing instruction that will assist them in making the best possible adjustment to conditions resulting from loss or impairment of sight, as the commission may deem advisable. Special courses of instruction and training may be established at training centers and workshops for persons with visual impairments that shall include home economics, household mechanics, orientation to better living and such other instruction as will contribute to the economic and social adjustment of persons with visual impairments. Persons with whom persons with visual impairments are living may, whenever the commission deems necessary, be given instruction that will assist them in caring for such persons with visual impairments. The commission through this program also shall cooperate with the Library of Congress and other agencies in the distribution of talking-book machines, sound-reproducing equipment and other devices designed for the use of persons who are blind, and from time to time may cause to be made and distributed to persons in this state who have visual impairments specially recorded subjects and Braille publications. [Amended by 1973 c.713 §6; 1989 c.224 §64; 2007 c.70 §128]
0.0K chars
[Repealed or reserved.]
ORS 346.260 Cooperation with Department of Human Services. The Commission for the Blind shall
0.4K chars
(1) Cooperate with the Department of Human Services in the administration of programs for persons who are blind; and (2) When requested by the department, make an investigation of an applicant eligible for programs for persons who are blind and make recommendations to the departm…
ORS 346.265 Authority to cooperate with and receive grants from federal government. In addition to its other powers, the Commission for the Blind may enter into agreements with, join with or accept grants from, the federal government for cooperative research, demonstration projects and personnel training programs. The commission is designated the state agency to receive any other federal funds available for the furtherance of the programs under the administration of the commission. [1961 c.484 §5]
0.0K chars
[Repealed or reserved.]
ORS 346.270 Receipt and expenditure of gifts and bequests. The Commission for the Blind may receive moneys by gift or bequest and expend the moneys for any of the objects and purposes of the commission under ORS 346.120. Moneys received under this section shall be deposited with the State Treasurer in an account separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. [Amended by 1965 c.100 §452; 1975 c.605 §18; 1989 c.966 §29]
0.0K chars
[Repealed or reserved.]
ORS 346.280 [Repealed by 1975 c.605 §33]
0.0K chars
[Repealed or reserved.]
ORS 346.290 Commission for the Blind Account. (1) There is established in the General Fund of the State Treasury an account to be known as the Commission for the Blind Account. Except for funds made available to the Commission for the Blind under ORS 346.270 or deposited pursuant to ORS 346.569, all moneys received by the commission for promoting the welfare of persons with visual impairments shall be paid into the State Treasury and credited to the Commission for the Blind Account
0.6K chars
(2) All moneys in the Commission for the Blind Account are continuously appropriated to the commission for use by the commission for the respective purposes authorized by law. (3) The commission shall keep a record of all moneys deposited in the Commission for the Blind Account. …
ORS 346.300 Criminal records checks. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Commission for the Blind may require the fingerprints of a person who
0.5K chars
(1)(a) Is employed or applying for employment by the commission; or (b) Provides services or seeks to provide services to the commission as a volunteer; and (2) Is, or will be, working or providing services in a position: (a) In which the person has or will have access to informa…
ORS 346.310 [Repealed by 1973 c.713 §8]
0.1K chars
FUNDING FOR SERVICES TO STUDENTS WHO ARE BLIND OR VISUALLY IMPAIRED
ORS 346.315 Blind and Visually Impaired Student Fund. (1) The Blind and Visually Impaired Student Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Blind and Visually Impaired Student Fund shall be credited to the Blind and Visually Impaired Student Fund
1.2K chars
(2) Moneys in the Blind and Visually Impaired Student Fund are continuously appropriated to the Department of Education for the purposes of: (a) Assisting students who are blind or visually impaired in receiving appropriate resources and services, including educational services, …
ORS 346.320 [Amended by 1961 c.484 §3; repealed by 1973 c.713 §8]
0.0K chars
[Repealed or reserved.]
ORS 346.330 [Repealed by 1957 c.190 §2]
0.0K chars
[Repealed or reserved.]
ORS 346.340 [Repealed by 1973 c.713 §8]
0.0K chars
[Repealed or reserved.]
ORS 346.350 [Repealed by 1955 c.112 §1]
0.0K chars
[Repealed or reserved.]
ORS 346.360 [Amended by 1967 c.335 §40; repealed by 1973 c.713 §8]
0.0K chars
[Repealed or reserved.]
ORS 346.370 [Repealed by 1957 c.190 §2]
0.0K chars
[Repealed or reserved.]
ORS 346.380 [Repealed by 1957 c.190 §2]
0.0K chars
[Repealed or reserved.]
ORS 346.390 [Repealed by 1957 c.190 §2]
0.0K chars
VENDING FACILITIES ON PUBLIC PROPERTY
ORS 346.510 Definitions for ORS 346.510 to 346.570. As used in ORS 346.510 to 346.570
2.9K chars
(1) “Cafeteria” means a food-dispensing facility: (a) That can provide a variety of prepared foods and beverages; (b) Where a patron may move through a self-service line; (c) That may employ some servers to wait on patrons; and (d) That provides seating suitable for patrons to co…
ORS 346.520 Persons who are blind to have priorities and preferences to operate vending facilities in public buildings or on public property; charges prohibited; exception. (1) For purposes of providing persons who are blind with remunerative employment, enlarging the economic opportunities of persons who are blind and stimulating persons who are blind to greater efforts to make themselves self-supporting with independent livelihoods, persons who are blind and who are licensed under ORS 346.510 to 346.570 by the Commission for the Blind have the priorities and preferences described in ORS 346.510 to 346.570 when, in the discretion of the agency, department or political subdivision in charge of the maintenance of the public buildings or properties, vending facilities may properly and satisfactorily operate
1.3K chars
(2) Notwithstanding ORS 276.385, the agency, department or political subdivision charged with maintaining a public building or property where a vending facility is operated under ORS 346.525 (1) may not: (a) Charge the commission or persons who are blind and who are licensed unde…
ORS 346.525 Priorities and preferences for persons who are blind to operate vending facilities in public buildings. (1) The state shall grant to persons who are blind a priority to
2.5K chars
(a) Operate vending facilities in public buildings in this state, unless the vending facilities are: (A) Cafeterias; or (B) Located at a community college or at a visitor venue. (b) Operate vending machines located at visitor venues. (2) The state shall grant to persons who are b…
ORS 346.530 Notice to commission on vending facilities locations; notification of reason for refusal of commission offer. (1) Each agency, department or political subdivision charged with maintaining public buildings or properties shall
1.5K chars
(a) Annually notify the Commission for the Blind in writing of any and all existing locations where vending facilities are in operation or where vending facilities might properly and satisfactorily be operated. (b) Not less than 30 days prior to the reactivation, leasing, re-leas…
ORS 346.540 Duties of commission with respect to operation of vending facilities; report; rules. (1) The Commission for the Blind shall
2.4K chars
(a) As the commission determines is necessary, survey public buildings or properties to determine the suitability of the public buildings or properties as locations for vending facilities to be operated by persons who are blind and advise the agencies, departments or political su…
ORS 346.543 Aid by commission to persons with visual impairments to enable operation of vending facility. (1) The Commission for the Blind may, in the discretion of the commission or if requested by a vending facility manager licensed under ORS 346.510 to 346.570, aid persons with visual impairments by supplying to a person with a visual impairment materials, equipment or machinery, or by allowing the manager to subcontract with a third party to obtain materials, equipment or machinery, in order to enable the operation of a vending facility
0.4K chars
(2) The commission may transfer to the person with a visual impairment ownership of any materials, equipment or machinery owned by the commission and supplied to the person. [2017 c.717 §9] Note: 346.543 was enacted into law by the Legislative Assembly but was not added to or mad…
ORS 346.546 Active participation by business enterprise consumer committee. (1) The Commission for the Blind shall ensure the active participation of the commission’s business enterprise consumer committee in the commission’s major administrative, policy and program development decisions that impact the commission’s business enterprise program
0.6K chars
(2) The commission shall provide relevant data and information to the committee in a timely manner in order to effectuate the committee’s active participation. (3) The commission has final authority and responsibility for the administration and operation of the business enterpris…
ORS 346.550 Commodities and articles that may be sold at vending facilities. A vending facility operated under the provisions of ORS 346.510 to 346.570 must be used solely for the vending of commodities and articles approved by the Commission for the Blind and by the state agency, department or political subdivision charged with maintaining the public building or property in or on which the vending facility is operated. [1957 c.295 §5; 1975 c.638 §11; 2017 c.717 §16]
0.0K chars
[Repealed or reserved.]
ORS 346.553 Agreements with subcontractors; rules. (1) With written approval from the Commission for the Blind, a vending facility manager may enter into an agreement with a subcontractor included on the list of approved subcontractors described in subsection (4) of this section in order to enable the manager to operate the vending facility
2.7K chars
(2) In determining whether to approve an agreement with a subcontractor, the commission shall consider: (a) The quality of service that the vending facility manager and subcontractor are able to provide; and (b) Any product storage requirements. (3) The commission may provide in …
ORS 346.556 Vending facility manager statement of full-time employment; rules. (1) The Commission for the Blind shall adopt by rule a vending facility manager statement of full-time employment with which a vending facility manager shall comply. The statement must describe the responsibilities of a vending facility manager, including, but not limited to, responsibilities regarding
0.4K chars
(a) Weekly contact requirements with employees or subcontractors of the manager; (b) Vending facility inspections; and (c) The development and maintenance of work logs. (2) The commission shall include the active participation, as described in ORS 346.546, of the commission’s bus…
ORS 346.560 Manager subject to applicable policies, rules, laws and ordinances. The vending facility manager of each vending facility operated under ORS 346.510 to 346.570 is subject to the provisions of any policies, rules, laws and ordinances that apply within the territory where the vending facility is located, including any laws and ordinances that require a license or permit for the conduct of any aspect of the operation of the vending facility. [1957 c.295 §6; 1975 c.638 §12; 2017 c.717 §17]
0.0K chars
[Repealed or reserved.]
ORS 346.563 Winding down operations of vending facility by spouse or domestic partner. The surviving spouse or domestic partner of a vending facility manager who is deceased or who becomes incapacitated by a physical or mental illness may continue to operate the vending facility formerly operated by the original vending facility manager for up to six months after the date of death or incapacitation, or until the date on which the operating agreement expires, whichever is sooner, for the purpose of winding down the operations of the vending facility. [2017 c.717 §7]
0.0K chars
[Repealed or reserved.]
ORS 346.565 Participation in state health benefit plan and deferred compensation plan. (1) A business enterprise manager who is blind, as described under ORS 346.510 to 346.570, or a person who is blind who is an employee of a private nonprofit Oregon corporation established and authorized by the Commission for the Blind to provide employment to persons who are blind may participate in a health benefit plan available to state employees pursuant to ORS 243.105 to 243.285 at the expense of the manager or employee
0.5K chars
(2) A business enterprise manager who is blind, as described under ORS 346.510 to 346.570, may participate in state deferred compensation plan established under ORS 243.401 to 243.507, contingent on participation not affecting the tax exempt status of other contributions to the d…
ORS 346.567 Collection of percentage of net proceeds of operation of vending facilities; rules. (1) The Commission for the Blind shall collect a percentage of net proceeds earned by a vending facility. The moneys collected under this section shall be deposited into the fund established under ORS 346.569
0.2K chars
(2) The commission shall determine by rule, and shall state in an agreement with a vending facility manager, the percentage of net proceeds to be collected under this section. [2017 c.717 §3; 2017 c.717 §4]
ORS 346.569 Fund from net proceeds of operation of vending facilities; disbursements; report. (1) The Commission for the Blind shall establish in the State Treasury a fund from the net proceeds of the operation of vending facilities. Moneys deposited into the fund, including the interest earned, shall be credited to a special checking account, separate and distinct from the General Fund. Disbursement from the account may be made by check signed by the person designated by the commission. Interest earned by the account shall be credited to the account
0.7K chars
(2) Moneys in the fund shall be used for the purposes of, and are continuously appropriated to the commission for: (a) Maintaining and replacing equipment; (b) Purchasing new equipment; (c) Management services, including but not limited to management training services; (d) Ensuri…
ORS 346.570 Rights of persons operating vending facilities prior to August 20, 1957. (1) Those individuals who are operating vending facilities in public buildings or on public properties, as defined in ORS 346.510 prior to August 20, 1957, shall not be affected by ORS 346.510 to 346.570, except and only insofar as provided in ORS 346.530 (2)
0.5K chars
(2) Any person who is blind and who is presently operating a vending facility in or on public buildings or properties and who desires to make use of the advantages of the program authorized by ORS 346.510 to 346.570 shall have the right to do so; and, in such instance, the Commis…
ORS 346.610 [1967 c.259 §1; 1971 c.87 §1; 1973 c.714 §12; 1981 c.771 §1; 2007 c.70 §136; repealed by 2013 c.530 §10]
0.0K chars
[Repealed or reserved.]
ORS 346.620 [1967 c.259 §2; 1971 c.87 §2; part renumbered 346.991; 2007 c.70 §137; repealed by 2013 c.530 §10]
0.0K chars
[Repealed or reserved.]
ORS 346.630 [1975 c.256 §8; 1981 c.179 §1; 1993 c.369 §35; 1995 c.618 §67; 2007 c.70 §138; 2009 c.472 §1; repealed by 2013 c.530 §10]
0.0K chars
[Repealed or reserved.]
ORS 346.640 [1981 c.771 §3; 2007 c.70 §139; 2009 c.11 §44; repealed by 2013 c.530 §10]
0.0K chars
[Repealed or reserved.]
ORS 346.650 [1981 c.771 §4; 2007 c.70 §140; repealed by 2013 c.530 §10]
0.0K chars
[Repealed or reserved.]
ORS 346.660 [1981 c.771 §5; 1993 c.369 §36; 2007 c.70 §141; 2009 c.472 §2; repealed by 2013 c.530 §10]
0.0K chars
[Repealed or reserved.]
ORS 346.680 [1989 c.336 §1; 1993 c.369 §37; 1995 c.79 §189; 2007 c.70 §142; repealed by 2013 c.530 §10]
0.0K chars
[Repealed or reserved.]
ORS 346.685 [1989 c.336 §2; 2007 c.70 §143; repealed by 2013 c.530 §10]
0.0K chars
[Repealed or reserved.]
ORS 346.687 [1993 c.312 §2; 1995 c.618 §68; 2007 c.70 §144; 2013 c.530 §7; renumbered 659A.141 in 2013]
0.0K chars
[Repealed or reserved.]
ORS 346.690 [1989 c.336 §3; 1995 c.618 §69; 2007 c.70 §145; 2009 c.472 §3; repealed by 2013 c.530 §10]
0.0K chars
[Repealed or reserved.]
ORS 346.990 [Repealed by 1965 c.100 §456]
0.0K chars
PENALTIES
ORS 346.991 Penalties. Violation of ORS 346.167 is a Class C misdemeanor. [Subsection (1) enacted as 1971 c.312 §6; subsection (2) derived from 346.620; 1981 c.771 §2; subsection (3) enacted as 1981 c.771 §6; subsection (4) enacted as 1989 c.336 §5; 1993 c.369 §38; 2003 c.378 §33; 2011 c.597 §185; 2013 c.530 §9]
0.1K chars
CHAPTER 347 [Reserved for expansion] _______________