Chapter 172 — Commission on Uniform Laws; Commission on Indian Services

 

2023 EDITION

 

 

COMMISSIONS ON UNIFORM LAWS, INDIAN SERVICES

 

STATE LEGISLATIVE DEPARTMENT AND LAWS

 

COMMISSION ON UNIFORM STATE LAWS

 

172.010     Commission on Uniform State Laws; compensation and expenses of members

 

172.020     Duties of commission

 

COMMISSION ON INDIAN SERVICES

 

172.100     Legislative policy

 

172.110     Members; appointment; qualifications; term; quorum; compensation and expenses

 

172.120     Duties and powers; report

 

172.130     Executive Officer and employees

 

172.140     Authority to accept contributions; disposition of funds received

 

Note          Task Force on Tribal Consultation--2023 c.531 §§1,2

 

COMMISSION ON UNIFORM STATE LAWS

 

      172.010 Commission on Uniform State Laws; compensation and expenses of members. (1) A commission hereby is created to be known as the Commission on Uniform State Laws which shall consist of:

      (a) Three members of the bar who shall be appointed by the Governor for terms of four years each, or until their successors are appointed and qualify; and

      (b) Any resident of this state who has been elected a life member of the National Conference of Commissioners on Uniform State Laws because of long service in the cause of uniformity of state legislation.

      (2) The commissioners shall meet at least once in two years and shall elect one of their number as chairperson and another as secretary, each of whom shall hold office for a term of two years, or until a successor is elected and qualifies.

      (3) Upon the death, resignation or failure or refusal to serve of any appointed commissioner, the office shall become vacant and the Governor shall make an appointment to fill the vacancy for the unexpired term of the former appointee.

      (4) A member is entitled to compensation and expenses as provided in ORS 292.495. [Amended by 1969 c.314 §9]

 

      172.020 Duties of commission. Each commissioner shall attend the meetings of the National Conference of Commissioners on Uniform State Laws, and both in and out of such national conference shall do all in the power of the commissioner to promote uniformity in state laws, in all subjects in which uniformity is desirable and practicable. The commission shall report to the legislature at each odd-numbered year regular session, and from time to time thereafter as the commission deems proper, an account of its transactions and its advice and recommendations for legislation. It also shall be the duty of the commission to bring about as far as practicable the uniform judicial interpretation of all uniform laws. [Amended by 2011 c.545 §28]

 

COMMISSION ON INDIAN SERVICES

 

      172.100 Legislative policy. It is declared to be the policy and intent of the Legislative Assembly that:

      (1) The State of Oregon shall establish a Commission on Indian Services for the purposes of improving services to American Indians in this state and promoting communication and relations between the State of Oregon and the nine federally recognized Indian tribes in Oregon.

      (2) The commission may not abrogate or supersede negotiations or relations that any Indian tribe, band or group might have or develop individually with any state, federal, local or tribal government. [1975 c.688 §1; 1979 c.33 §1; 2016 c.108 §1]

 

      172.110 Members; appointment; qualifications; term; quorum; compensation and expenses. (1) The Commission on Indian Services shall be comprised of 13 members appointed jointly by the President of the Senate and the Speaker of the House of Representatives. Membership shall include:

      (a) Two members from the Senate who are not members of the same political party.

      (b) Two members from the House of Representatives who are not members of the same political party.

      (c) One member from the Confederated Tribes of the Warm Springs Indian Reservation.

      (d) One member from the Confederated Tribes of the Umatilla Indian Reservation.

      (e) One member from the Burns-Paiute Tribe.

      (f) One member from the Confederated Tribes of Siletz Indians of Oregon.

      (g) One member from the Confederated Tribes of the Grand Ronde.

      (h) One member from the Cow Creek Band of Umpqua Indians.

      (i) One member from the Confederated Coos, Lower Umpqua and Siuslaw Tribes.

      (j) One member from the Klamath Tribe.

      (k) One member from the Coquille Tribe.

      (2) If the Speaker of the House of Representatives or the President of the Senate is a member, either may designate from time to time an alternate from among the members of the appropriate house to exercise the powers of the Speaker or President as a member of the commission except that the alternate shall not preside if the Speaker or President is chairperson.

      (3) Notwithstanding subsection (1) of this section, the commission may appoint one additional member from an area in which nonreservation Indians reside, who is associated with an Indian Health Care Improvement Act Title V Urban Indian Health program. The member appointed under this subsection shall be a nonvoting member of the commission.

      (4) The term of office is two years. Vacancies shall be filled by the appointing authority for the unexpired term.

      (5) Each member appointed under subsection (1)(c) to (k) of this section shall be selected by the tribal governing body of the member in accordance with the procedures of the tribe.

      (6) Individual nontribal groups and organizations shall not be considered for membership on the commission. Though individual nontribal groups and organizations may not be specifically represented on the commission, the commission as a whole shall serve as a forum for considering the needs and concerns of these groups and organizations as well as the needs and concerns of all American Indians in Oregon.

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

      (8) A majority of the members of the commission constitutes a quorum for the transaction of business but no final decision may be made without an affirmative vote of the majority of the members appointed to the commission.

      (9) Notwithstanding subsection (8) of this section, a majority of the members of the commission who are not members of the Legislative Assembly does not constitute a quorum for the transaction of business if those members are attending federal or tribal meetings, conferences, events or ceremonies.

      (10) Members who are not members of the Legislative Assembly may be paid compensation and expenses as provided in ORS 292.495, from such funds as may be available to the commission therefor. Members who are members of the Legislative Assembly shall be paid compensation and expense reimbursement as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly. [1975 c.688 §2; 1977 c.891 §4; 1979 c.33 §2; 1985 c.268 §1; 1985 c.565 §17; 1987 c.54 §1; 1987 c.879 §2; 1991 c.147 §1; 2013 c.55 §1; 2016 c.108 §2]

 

      172.120 Duties and powers; report. The Commission on Indian Services shall:

      (1) Compile information relating to services available to Indians, including but not limited to education and training programs, work programs, 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.

      (2) Develop and sponsor in cooperation with Indian groups and organizations, programs to inform Indians of services available to them.

      (3) Develop and sponsor programs to make Indian wants and needs known to the public and private agencies the activities of which affect Indians. Encourage and support these public and private agencies to expand and improve their activities affecting the Indians.

      (4) Assess programs of state agencies operating for the benefit of Indians and make recommendations to the appropriate agencies for the improvement of those programs.

      (5) Report biennially to the Governor and the Legislative Assembly on all matters of concern to Indians of this state and recommend appropriate action. [1975 c.688 §3; 1979 c.33 §3]

 

      172.130 Executive Officer and employees. The Commission on Indian Services may employ an Executive Officer and other staff as may be necessary to carry out the purposes of ORS 172.100 to 172.140. [1975 c.688 §4; 1985 c.268 §2]

 

      172.140 Authority to accept contributions; disposition of funds received. The Commission on Indian Services may accept contributions of funds and assistance from the United States, its agencies, or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the commission. All such funds are continuously appropriated to aid in financing the functions of the commission and shall be deposited in the General Fund of the State Treasury to the credit of a separate account for the commission and shall be disbursed for the purpose for which contributed. [1975 c.688 §5; 1981 c.583 §4]

 

      Note: Sections 1 and 2, chapter 531, Oregon Laws 2023, provide:

      Sec. 1. Task Force on Tribal Consultation. (1) The Task Force on Tribal Consultation is established.

      (2) The task force consists of 15 members appointed as follows:

      (a) The President of the Senate shall appoint one member from among members of the Senate.

      (b) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.

      (c) The President of the Senate and the Speaker of the House of Representatives shall jointly appoint one member who is a member of the Commission on Indian Services.

      (d) The Governor shall appoint:

      (A) One member who is a representative of the office of the Governor;

      (B) One member from each of the nine federally recognized Indian tribes in this state; and

      (C) Two members, each of whom is a representative of a state agency that is required to engage in tribal consultation.

      (3) The task force shall identify and clarify the requirements of state agencies to engage in tribal consultation.

      (4) A majority of the voting members of the task force constitutes a quorum for the transaction of business.

      (5) Official action by the task force requires the approval of a majority of the voting members of the task force.

      (6) The task force shall elect one of its members to serve as chairperson.

      (7) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

      (8) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.

      (9) The task force may adopt rules necessary for the operation of the task force.

      (10) The task force shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to an interim committee of the Legislative Assembly related to government no later than September 15, 2024.

      (11) The office of the Governor shall provide staff support to the task force.

      (12) Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.

      (13) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

      (14) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of the duties of the task force and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the task force consider necessary to perform their duties. [2023 c.531 §1]

      Sec. 2. (1) The Section 1 of this 2023 Act is repealed on December 31, 2024. [2023 c.531 §2]

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