Bill Text: OR HB3434 | 2011 | Regular Session | Introduced

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Bill Title: Relating to moneys in the Community Housing Trust Account; declaring an emergency.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3434 Detail]

Download: Oregon-2011-HB3434-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2155

                         House Bill 3434

Sponsored by Representative GELSER

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Authorizes limited transfer of funds from Community Housing
Trust Account to Department of Human Services Account for
specified purposes.
  Modifies definition of 'community housing' for purpose of funds
deposited in Community Housing Trust Account.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to moneys in the Community Housing Trust Account;
  creating new provisions; amending ORS 427.330, 427.340 and
  427.345; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Notwithstanding ORS 427.340, in calendar
year 2011, the Department of Human Services may transfer from the
Community Housing Trust Account established by ORS 427.340 to the
Department of Human Services Account established by ORS 409.060
no more than $3.1 million.
  (2) Moneys transferred under subsection (1) of this section may
be used only for services provided to children and adults with
intellectual and other developmental disabilities to the extent
of the difference between the General Fund appropriation for the
department for such services in the 2011-2013 biennium and the
appropriation to the department for such services in the
2009-2011 biennium. The Legislative Assembly intends that the
moneys transferred be restored to the account prior to July 1,
2017.
  (3) Moneys transferred under subsection (1) of this section are
not subject to allotment control by the Oregon Department of
Administrative Services.
  (4) Any portion of the moneys transferred under subsection (1)
of this section that are unspent as of June 30, 2013, shall be
transferred to the Community Housing Trust Account. + }
  SECTION 2. ORS 427.330 is amended to read:
  427.330. As used in ORS 427.330 to 427.345:
  (1) 'Care provider' means an individual, family member or
entity that provides care.
  (2)  { - (a) - }  'Community housing' includes:
    { - (A) - }  { +  (a) + } Real property, including but not
limited to buildings, structures, improvements to real property
and related equipment, that is used or could be used to house and

provide care for individuals with   { - mental retardation or
other - }  developmental disabilities; and
    { - (B) - }  { +  (b) + } A single-family home or
multiple-unit residential housing that an individual with
 { - mental retardation or other - }  { +  a + } developmental
disability shares with other inhabitants, including but not
limited to family members, care providers or friends.
    { - (b) 'Community housing' does not include the Eastern
Oregon Training Center. - }
  (3) 'Construct' means to build, install, assemble, expand,
alter, convert, replace or relocate. 'Construct' includes to
install equipment and to prepare a site.
  (4) 'Developmental disability' means   { - a disability
attributable to mental retardation - }  { +  an intellectual
disability, autism + }, cerebral palsy, epilepsy or other
neurological
  { - handicapping - }  condition or severe physical impairment
that
  { - requires training similar to that required by persons with
mental retardation, and the disability - } :
  (a) Originates before the person attains the age of 22 years;
  (b)   { - Has continued or can be - }  { +  Is + } expected to
continue indefinitely; and
  (c)   { - Constitutes a substantial handicap to - }  { +
Results in a significant impairment in + } the ability of the
person to function in society.
  (5) 'Equipment' means furnishings, fixtures, appliances,
special adaptive equipment { + , technology + } or supplies that
are used or could be used to provide care in community housing.
  (6) 'Family member' means an individual who is related by
blood { + , + }   { - or - }  marriage { + , domestic partnership
or legal adoption + } to an individual with   { - mental
retardation or other - }  { +  a + } developmental disability.
  (7) 'Financial assistance' means a grant or loan to pay
expenses incurred to provide community housing.
  (8) 'Housing provider' means an individual or entity that
provides community housing.
  SECTION 3. ORS 427.340 is amended to read:
  427.340. (1) There is established a Developmental Disabilities
Community Housing Fund in the State Treasury, separate and
distinct from the General Fund. All moneys in the fund are
continuously appropriated to the Department of Human Services to
pay expenses incurred by the Department of Human Services in
carrying out the provisions of ORS 427.330 and 427.335. Interest
earned on moneys in the fund shall be credited to the fund.
  (2) There is established within the fund a Community Housing
Trust Account. Notwithstanding the provisions of ORS 270.150, the
Department of Human Services shall negotiate with the Oregon
Department of Administrative Services to apply the proceeds from
the sale, transfer or lease of any surplus real property owned,
operated or controlled by the Department of Human Services and
used as a state training center { +  or for community housing + }
to the account. The Department of Human Services may expend, for
the purposes of ORS 427.330 to 427.345, any earnings credited to
the account, including any income from the lease of surplus
property and any interest earned on moneys deposited in the
account, and up to five percent of any sale or transfer proceeds
initially credited to the account by the Oregon Department of
Administrative Services. At least 95 percent of all sale or
transfer proceeds shall remain in the account in perpetuity.
  (3) The fund shall consist of:
  (a) Moneys appropriated to the fund by the Legislative
Assembly;
  (b) Repayment of financial assistance provided to housing
providers or care providers for community housing under ORS
427.335 (3);
  (c) Proceeds from the account under subsection (2) of this
section;
  (d) Moneys reallocated from other areas of the Department of
Human Services' budget; and
  (e) Interest credited to the fund.
  (4) The Department of Human Services shall provide a report of
revenues to and expenditures from the fund as part of its budget
submission to the Governor and Legislative Assembly under ORS
chapter 291.
  SECTION 4. ORS 427.345 is amended to read:
  427.345. (1) When the Department of Human Services sells any
surplus real property owned by the department and used as a state
training center { +  or for community housing + }, the sale price
shall equal or exceed the fair market value of the property.
  (2) The proceeds from the sale of any real property owned by
the department and used as a state training center  { + or for
community housing + } shall be applied under the provisions of
ORS 427.340 (2).
  SECTION 5.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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