Title 176 · ORS Chapter 176

176.262. Moneys in the account are continuously appropriated to the Governor for the purpose of paying costs incurred in purchasing and awarding the Law Enforcement Medal of Honor under ORS 176.260 an

Citation: ORS 176.262

Section: 176.262

176.262. Moneys in the account are continuously appropriated to the Governor for the purpose of paying costs incurred in purchasing and awarding the Law Enforcement Medal of Honor under ORS 176.260 and the Law Enforcement Medal of Ultimate Sacrifice under ORS 176.267. [2005 c.284 �3; 2011 c.434 �4]

����� 176.267 Medal of Ultimate Sacrifice. (1) The Law Enforcement Medal of Ultimate Sacrifice is established. Upon nomination by the Governor�s Commission on the Law Enforcement Medal of Honor established under ORS 176.262, the Governor or the Governor�s designee may award the medal in the name of the state to the family of a law enforcement officer who has died while performing his or her duties as a law enforcement officer or who was killed because of his or her employment as a law enforcement officer.

����� (2) The medal shall be bronze and consist of a police shield overlaid by a sheriff�s star with the seal of the State of Oregon in the center and the words �Law Enforcement Medal of Ultimate Sacrifice� within the design. The medal shall be suspended from a ring that is attached to a gold ribbon with a blue edge. The reverse side of the medal shall be inscribed with the words �Awarded by a grateful state for the ultimate sacrifice by a law enforcement family.� [2011 c.434 �1]

AWARDS

����� 176.268 Oregon Gifts of Life Award. (1) As used in this section:

����� (a) �Organ donor� means an individual whose organ, eye or tissue is the subject of an anatomical gift pursuant to ORS 97.951 to 97.982.

����� (b) �Organ procurement organization� has the meaning given that term in ORS 97.953.

����� (2) The office of the Governor may present the Oregon Gifts of Life Award on an annual basis to families of organ donors.

����� (3) Organ procurement organizations or affiliated educational organizations may nominate individuals eligible under this section to represent organ donors from the previous calendar year and may submit documentation supporting the eligibility of the individuals to the office of the Governor.

����� (4) Organ procurement organizations shall select recipients from a list of nominations prepared under subsection (3) of this section. If more than one organ procurement organization is involved, the organ procurement organizations shall coordinate to designate by consensus the organ procurement organization that will have primary administrative responsibility under this section.

����� (5) Only one award may be presented to the family of each organ donor.

����� (6) Organ procurement organizations shall seek permission from the family of each organ donor selected to receive the Oregon Gifts of Life Award. [2018 c.13 �2]

DISABILITY OF GOVERNOR

����� 176.300 Temporary transfer of power. The Governor may at any time declare that the Governor expects to be temporarily disabled for a period of time and will not be able to discharge the duties of the office during that period of time. The Governor shall indicate the date and time that the period of disability will commence, and an estimate of the length of time during which the Governor will be disabled. Upon the date and time specified by the Governor, the person charged with assuming the duties of the office under Article V, section 8a of the Oregon Constitution, shall commence serving as Acting Governor. Upon the Governor declaring that the period of disability has ended, the Acting Governor shall immediately cease to perform those duties and the Governor shall resume performance of the duties of the office of Governor. [2009 c.77 �1]

����� 176.303 Disability evaluation panel. (1) A disability evaluation panel consists of the following five members:

����� (a) The Chief Justice of the Oregon Supreme Court. If the Chief Justice is unable or unwilling to serve on the panel when the panel is convoked, the Chief Judge of the Court of Appeals shall serve as a member instead of the Chief Justice.

����� (b) A judge serving on the Oregon Supreme Court, or the Court of Appeals, designated by the Governor in the manner provided by subsection (2) of this section.

����� (c) A person who is licensed as a physician under ORS chapter 677, designated by the Governor in the manner provided by subsection (3) of this section.

����� (d) A person who is licensed as a physician under ORS chapter 677, designated by the dean of the Oregon Health and Science University School of Medicine in the manner provided by subsection (4) of this section. To the extent possible, the designee shall have the appropriate expertise to determine whether the Governor is suffering from a physical or mental disability that prevents the Governor from discharging the duties of the office.

����� (e) A person who is licensed as a physician under ORS chapter 677, designated by the Director of Human Services in the manner provided by subsection (5) of this section. To the extent possible, the designee shall have the appropriate expertise to determine whether the Governor is suffering from a physical or mental disability that prevents the Governor from discharging the duties of the office.

����� (2) As soon as possible after taking the oath of office, the Governor shall designate a person to serve as a member on the disability evaluation panel under subsection (1)(b) of this section. The Governor shall also designate at that time a first and second alternate for the position with the qualifications specified in subsection (1)(b) of this section to serve in the event that the person designated by the Governor is unable or unwilling to serve on the panel when the panel meets. The Governor shall file the names of the member and alternates designated under this section with the Secretary of State.

����� (3) As soon as possible after taking the oath of office, the Governor shall designate a person to serve as a member on the disability evaluation panel under subsection (1)(c) of this section. The Governor shall also designate at that time a first and second alternate for the position with the qualifications specified in subsection (1)(c) of this section to serve in the event that the person designated by the Governor is unable or unwilling to serve on the panel when the panel meets. The Governor shall file the names of the member and alternates designated under this section with the Secretary of State.

����� (4) As soon as possible after the disability evaluation panel is convoked, the dean of the Oregon Health and Science University School of Medicine shall designate a person to serve as a member on the disability evaluation panel under subsection (1)(d) of this section. The dean shall also designate at that time a first, second and third alternate for the position with the qualifications specified in subsection (1)(d) of this section to serve in the event that the person designated by the dean is unable or unwilling to serve on the panel when the panel is convoked. The dean shall file the names of the member and alternates designated under this section with the Secretary of State.

����� (5) As soon as possible after the disability evaluation panel is convoked, the Director of Human Services shall designate a person to serve as a member on the disability evaluation panel under subsection (1)(e) of this section. The director shall also designate at that time a first, second and third alternate for the position with the qualifications specified in subsection (1)(e) of this section to serve in the event that the person designated by the director is unable or unwilling to serve on the panel when the panel meets. The director shall file the names of the member and alternates designated under this section with the Secretary of State.

����� (6) The Governor may change any designation made by the Governor under subsections (2) and (3) of this section at any time before the disability evaluation panel is convoked by filing a new designation with the Secretary of State. [2009 c.77 �2]

����� 176.306 Convocation of disability evaluation panel. (1) A convocation of the disability evaluation panel shall be convoked if requested by at least two of the following persons:

����� (a) The Secretary of State;

����� (b) The State Treasurer;

����� (c) The President of the Senate;

����� (d) The Speaker of the House of Representatives; or

����� (e) The chief of staff for the Governor.

����� (2) A request for convocation of the disability evaluation panel must be in writing and filed with the Secretary of State. The request is effective upon filing. The request must indicate that the persons making the request believe that the Governor is suffering from a physical or mental disability that prevents the Governor from discharging the duties of the office. [2009 c.77 �3]

����� 176.309 Disability evaluation panel procedures. (1) As soon as possible after a disability evaluation panel is convoked, the panel shall meet and examine whether the Governor is unable to discharge the duties of the office by reason of a physical or mental disability. The members of the panel who are physicians, or other physicians appointed by the panel, shall conduct a medical examination of the Governor if possible.

����� (2) Meetings of the disability evaluation panel are not subject to ORS 192.610 to 192.705. Except for the panel�s determination, records of the panel are not subject to disclosure under ORS 192.311 to 192.478. [2009 c.77 �4]

����� 176.312 Finding of disability; finding that disability has ceased. (1) A disability evaluation panel shall find that the Governor is unable to discharge the duties of the office if four or more members of the panel vote in the affirmative for that finding.

����� (2) If a disability evaluation panel finds that the Governor is unable to discharge the duties of the office, the panel shall give written notice to the person next in line of succession to the office of Governor. After receiving the notification the person shall assume the duties of the office as Acting Governor under the provisions of section 8a, Article V of the Oregon Constitution.

����� (3) If a disability evaluation panel finds that the Governor is unable to discharge the duties of the office, the Governor may request at any time while the Acting Governor is performing the duties of the office that a disability evaluation panel be convoked for the purpose of determining whether the Governor is able again to discharge the duties of the office. As soon as possible after the request is received, the panel shall meet and reexamine whether the Governor is unable to discharge the duties of the office. The examination shall be conducted in the manner provided by ORS 176.309, except that the panel shall find that the Governor is able again to discharge the duties of the office if three or more members of the panel vote in the affirmative for that finding. [2009 c.77 �5]

RACIAL JUSTICE COUNCIL

����� 176.350 Racial Justice Council; membership; policy committees; terms of office. (1) The Racial Justice Council is created within the Office of the Governor.

����� (2) The membership of the council consists of the Governor, as chairperson, and no more than 40 additional members appointed by and serving at the pleasure of the Governor, subject to the following requirements:

����� (a) Each member must have a demonstrated commitment to racial equity, social and economic justice and diversity and inclusion;

����� (b) Each member must have connections to, or experience working with, historically underserved communities, particularly tribal communities, immigrants, refugees and communities of Black or Indigenous people or other people of color;

����� (c) Each member must have personal or professional experience and knowledge in public policy, criminal justice reform, police accountability, economic opportunity, housing, homelessness, health equity, behavioral health, education or research; and

����� (d) Appointments to the council must be made to ensure representation of the racial, gender and geographical diversity of Oregon.

����� (3) The Governor may assign one or more members to serve as a liaison between the council and the advocacy commissions.

����� (4)(a) The Governor shall establish committees to address policies of interest to the council. A committee may address multiple policy areas.

����� (b) The Governor shall appoint each council member to at least one committee. The Governor may appoint additional individuals who are not members of the council to serve as voting or nonvoting members of a committee, provided that:

����� (A) Public officials who serve in the legislative or judicial branch may serve only as nonvoting members of a committee; and

����� (B) Members of the Legislative Assembly may serve on a committee only if the committee includes an equal number of members from each chamber of the Legislative Assembly.

����� (c) Committees shall report to the council. The council shall approve or disapprove recommendations of a committee.

����� (d) Appointments to each committee must be made to ensure representation of the racial, gender and geographical diversity of Oregon.

����� (5) The term of a member of the council is two years. Members are eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

����� (6) Members of the council are not entitled to compensation under ORS 292.495. The chair, in the chair�s discretion, may reimburse members of the council as provided in ORS