Bill Text: OR HB4036 | 2012 | Regular Session | Introduced
Bill Title: Relating to transient lodging tax on providers of residential care services; appropriating money; prescribing an effective date; providing for revenue raising that requires approval by a three-fifths majority.
Sponsorship: Unknown
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4036 Detail]
Download: Oregon-2012-HB4036-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 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 128
House Bill 4036
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Revenue)
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.
Imposes one percent tax on specified providers of residential
care and services. Appropriates moneys from tax to Department of
Human Services to fund medical assistance expenditures for
providers of residential care and services.
Sunsets tax on providers of residential care and services no
later than October 1, 2019.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to transient lodging tax on providers of residential
care services; creating new provisions; amending ORS 284.131,
320.300, 320.305, 320.308, 320.310, 320.315, 320.320, 320.325,
320.330 and 320.335; appropriating money; prescribing an
effective date; and providing for revenue raising that requires
approval by a three-fifths majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Moneys appropriated to the Department of
Human Services under ORS 320.335 (3) and any federal financial
participation made available by the expenditure of the moneys
appropriated to the department under ORS 320.335 (3) shall be
used by the department to reimburse licensed or certified
providers of residential care and services for the cost of
residential care and services furnished to medical assistance
recipients.
(2) As used in this section:
(a) 'Employment and related day services' means services
prescribed by the department by rule pursuant to ORS 430.664 for
which the primary goal is to increase the independence,
integration and productivity, as described in ORS 427.007, + }
{ + of individuals with developmental disabilities.
(b) 'Proctor care services' means a comprehensive residential
program certified by the department or the Oregon Youth Authority
to provide intensive individually focused contracted foster care,
training and support to children with developmental disabilities.
(c) 'Residential care' means:
(A) A residential training facility as defined in ORS 443.400,
except for a facility operated by the department.
(B) A residential training home as defined in ORS 443.400,
except for a home operated by the department.
(d) 'Residential care and services' means:
(A) Employment and related day services;
(B) Proctor care services;
(C) Residential care;
(D) Supported living; or
(E) Services administered or provided by a support service
brokerage.
(e) 'Supported living' means services prescribed by the
department by rule pursuant to ORS 430.664 that allow an
individual with a developmental disability to live in the
residence of the individual's choice in the community.
(f) 'Support service brokerage' means an entity that uses
principles of self-determination to perform functions prescribed
by the department pursuant to ORS 430.664 that are associated
with planning, arranging and monitoring the implementation of
support services for individuals with developmental
disabilities. + }
SECTION 2. ORS 284.131 is amended to read:
284.131. (1) All moneys collected, received by or appropriated
to the Oregon Tourism Commission must be deposited into an
account established by the commission in a depository bank
insured by the Federal Deposit Insurance Corporation. In a manner
consistent with the requirements of ORS chapter 295, the chair of
the commission shall ensure that sufficient collateral secures
any amount of funds on deposit that exceeds the limits of the
Federal Deposit Insurance Corporation's coverage.
(2) Subject to the approval of the chair, the commission may
invest moneys collected or received by the commission.
Investments made by the commission must be limited to investments
described in ORS 294.035 (3)(a) to (i).
(3) Interest earned on any moneys invested under subsection (2)
of this section must be made available to the commission in a
manner consistent with the biennial budget of the commission.
(4) The commission shall spend state transient lodging tax
moneys appropriated to the commission under ORS 320.335
{ + (2) + } as follows:
(a) At least 80 percent must be used to fund state tourism
marketing programs.
(b) As much as 15 percent must be used to implement a regional
cooperative tourism marketing program that:
(A) Requires fund allocations to focus on creating new business
from out-of-state and international markets;
(B) Utilizes a regional allocation formula that distributes
revenue to regions, the boundaries of which are established by
the commission, in proportion to the amount of transient lodging
tax revenues collected in each region;
(C) Distributes revenue to recipients that are selected by the
commission as organizations able to conduct tourism-related
marketing for each region;
(D) Requires advertising, publications, CD-ROMs, websites,
videos and other tourism promotion materials funded through the
regional cooperative tourism marketing program to carry the
Oregon Tourism Commission logo and marketing tag line; and
(E) Encourages funding recipients to incorporate design
elements from commission advertising and promotional campaigns,
such as fonts, images and other design elements.
(5) All moneys in the account that are not state transient
lodging tax revenues are continuously appropriated to the
commission for the purposes of carrying out the functions of the
commission.
(6) All expenditures from the account are exempt from any state
expenditure limitation.
SECTION 3. ORS 320.300 is amended to read:
320.300. As used in ORS 320.300 to 320.350:
(1) 'Collection reimbursement charge' means the amount a
transient lodging provider { + or a provider of residential care
and services + } may retain as reimbursement for the costs
incurred by the provider in collecting and reporting a transient
lodging tax and in maintaining transient lodging tax records.
(2) 'Conference center' means a facility that:
(a) Is owned or partially owned by a unit of local government,
a governmental agency or a nonprofit organization; and
(b) Meets the current membership criteria of the International
Association of Conference Centers.
(3) 'Convention center' means a new or improved facility that:
(a) Is capable of attracting and accommodating conventions and
trade shows from international, national and regional markets
requiring exhibition space, ballroom space, meeting rooms and any
other associated space, including but not limited to banquet
facilities, loading areas and lobby and registration areas;
(b) Has a total meeting room and ballroom space between
one-third and one-half of the total size of the center's
exhibition space;
(c) Generates a majority of its business income from tourists;
(d) Has a room-block relationship with the local lodging
industry; and
(e) Is owned by a unit of local government, a governmental
agency or a nonprofit organization.
(4) 'Local transient lodging tax' means a tax imposed by a unit
of local government on the sale, service or furnishing of
transient lodging.
{ + (5) 'Provider' means a person that furnishes transient
lodging or that furnishes residential care and services.
(6) 'Residential care and services' has the meaning given that
term in section 1 of this 2012 Act. + }
{ - (5) - } { + (7) + } 'State transient lodging tax' means
the tax imposed under ORS 320.305.
{ - (6) - } { + (8) + } 'Tourism' means economic activity
resulting from tourists.
{ - (7) - } { + (9) + } 'Tourism promotion' means any of
the following activities:
(a) Advertising, publicizing or distributing information for
the purpose of attracting and welcoming tourists;
(b) Conducting strategic planning and research necessary to
stimulate future tourism development;
(c) Operating tourism promotion agencies; and
(d) Marketing special events and festivals designed to attract
tourists.
{ - (8) - } { + (10) + } 'Tourism promotion agency'
includes:
(a) An incorporated nonprofit organization or governmental unit
that is responsible for the tourism promotion of a destination on
a year-round basis.
(b) A nonprofit entity that manages tourism-related economic
development plans, programs and projects.
(c) A regional or statewide association that represents
entities that rely on tourism-related business for more than 50
percent of their total income.
{ - (9) - } { + (11) + } 'Tourism-related facility':
(a) Means a conference center, convention center or visitor
information center; and
(b) Means other improved real property that has a useful life
of 10 or more years and has a substantial purpose of supporting
tourism or accommodating tourist activities.
{ - (10) - } { + (12) + } 'Tourist' means a person who, for
business, pleasure, recreation or participation in events related
to the arts, heritage or culture, travels from the community in
which that person is a resident to a different community that is
separate, distinct from and unrelated to the person's community
of residence, and that trip:
(a) Requires the person to travel more than 50 miles from the
community of residence; or
(b) Includes an overnight stay.
{ - (11) - } { + (13) + } 'Transient lodging' means:
(a) Hotel, motel and inn dwelling units that are used for
temporary overnight human occupancy;
(b) Spaces used for parking recreational vehicles or erecting
tents during periods of human occupancy; or
(c) Houses, cabins, condominiums, apartment units or other
dwelling units, or portions of any of these dwelling units, that
are used for temporary human occupancy.
{ - (12) - } { + (14) + } 'Unit of local government' has
the meaning given that term in ORS 190.003.
{ - (13) - } { + (15) + } 'Visitor information center'
means a building, or a portion of a building, the main purpose of
which is to distribute or disseminate information to tourists.
SECTION 4. ORS 320.305 is amended to read:
320.305. (1) A tax of one percent is imposed on any
consideration rendered for the sale, service or furnishing of
{ - transient lodging. The tax imposed by this subsection shall
be in addition to and not in lieu of any local transient lodging
tax. - } { + :
(a) Transient lodging and shall be in addition to and not in
lieu of any applicable local transient lodging tax; or
(b) Residential care and services and shall be in lieu of any
applicable local transient lodging tax.
(2) + } The tax shall be collected by the { - transient
lodging - } provider.
{ - (2) - } { + (3) A + } { - The transient lodging - }
provider shall withhold five percent of the amount the provider
collects under subsection
{ - (1) - } { + (2) + } of this section for the purpose of
reimbursing the provider for the cost of tax collection, record
keeping and reporting.
SECTION 5. ORS 320.308 is amended to read:
320.308. { + (1) + } The following are exempt from the state
transient lodging tax:
{ - (1) - } { + (a) + } A dwelling unit in a hospital,
health care facility, long term care facility or any other
residential facility that is licensed, registered or certified by
the Department of Human Services or the Oregon Health Authority
{ - ; - } { + . + }
{ - (2) - } { + (b) + } A dwelling unit in a facility
providing treatment for drug or alcohol abuse or providing mental
health treatment { - ; - } { + . + }
{ - (3) - } { + (c) + } A dwelling unit that is used by
members of the general public for temporary human occupancy for
fewer than 30 days per year { - ; - } { + . + }
{ - (4) - } { + (d) + } A dwelling unit, the consideration
for which is funded through a contract with a government agency
and the purpose of which is to provide emergency or temporary
shelter { - ; - } { + . + }
{ - (5) - } { + (e) + } A dwelling unit at a nonprofit
youth or church camp, nonprofit conference center or other
nonprofit facility { - ; or - } { + . + }
{ - (6) - } { + (f) + } A dwelling unit that is leased or
otherwise occupied by the same person for a consecutive period of
30 days or more during the year. The requirements of this
{ - subsection - } { + paragraph + } are satisfied even if the
physical dwelling unit changes during the consecutive period, if:
{ - (a) - } { + (A) + } All dwelling units occupied are
within the same facility; and
{ - (b) - } { + (B) + } The person paying consideration for
the transient lodging is the same person throughout the
consecutive period.
{ + (2) The exemptions in subsection (1) of this section do
not apply to dwelling units furnished by providers of residential
care and services. + }
SECTION 6. ORS 320.310 is amended to read:
320.310. Every { - transient lodging - } provider
responsible for collecting the tax imposed by ORS 320.305 shall
keep records, render statements and comply with rules adopted by
the Department of Revenue with respect to the tax. The records
and statements required by this section must be sufficient to
show whether there is a tax liability under ORS 320.305.
SECTION 7. ORS 320.315 is amended to read:
320.315. (1) Every { - transient lodging - } provider is
responsible for collecting the tax imposed under ORS 320.305 and
shall file a return with the Department of Revenue, on or before
the last day of the month following the end of each calendar
quarter, reporting the amount of tax due during the quarter. The
department shall prescribe the form of the return required by
this section. The rules of the department shall require that
returns be made under penalties for false swearing.
(2) When a return is required under subsection (1) of this
section, the { - transient lodging - } provider required to
make the return shall remit the tax due to the department at the
time fixed for filing the return.
SECTION 8. ORS 320.320 is amended to read:
320.320. If the amount paid by { - the transient lodging - }
{ + a + } provider to the Department of Revenue under ORS
320.315 exceeds the amount of tax payable, the department shall
refund the amount of the excess with interest thereon at the rate
established under ORS 305.220 for each month or fraction of a
month from the date of payment of the excess until the date of
the refund. A refund may not be made to a { - transient
lodging - } provider who fails to claim the refund within two
years after the due date for filing the return to which the claim
for refund relates.
SECTION 9. ORS 320.325 is amended to read:
320.325. (1) Every { - transient lodging - } provider
required to collect the tax imposed by ORS 320.305 shall be
deemed to hold the amount collected in trust for the State of
Oregon and for payment to the Department of Revenue in the manner
and at the time provided by ORS 320.315.
(2) At any time { - the transient lodging - } { + a + }
provider required to collect the tax fails to remit any amount
deemed to be held in trust for the State of Oregon, the
department may enforce collection by the issuance of a distraint
warrant for the collection of the delinquent amount and all
penalties, interest and collection charges accrued thereon. The
warrant shall be issued, docketed and proceeded upon in the same
manner and shall have the same force and effect as is prescribed
with respect to warrants for the collection of delinquent income
taxes.
SECTION 10. ORS 320.330 is amended to read:
320.330. Unless the context requires otherwise, the provisions
of ORS chapters 305, 314 and 316 as to the audit and examination
of reports and returns, confidentiality of reports and returns,
determination of deficiencies, assessments, claims for refunds,
penalties, interest, jeopardy assessments, warrants, conferences
and appeals to the Oregon Tax Court, and procedures relating
thereto, apply to ORS 320.305 to 320.340, the same as if the tax
were a tax imposed upon or measured by net income. All such
provisions apply to the taxpayer liable for the tax and to the
{ - transient lodging - } provider required to collect the tax.
As to any amount collected and required to be remitted to the
Department of Revenue, the tax shall be considered a tax upon the
{ - transient lodging - } provider required to collect the tax
and that provider shall be considered a taxpayer.
SECTION 11. ORS 320.335 is amended to read:
320.335. { + (1) + } All moneys received by the Department of
Revenue pursuant to ORS 320.305 to 320.340, and interest thereon,
shall be paid to the State Treasurer to be held in a suspense
account established under ORS 293.445. After the payment of
refunds:
{ - (1) - } { + (a) + } Moneys necessary to reimburse the
Department of Revenue for the actual costs incurred by the
department in administering the state transient lodging tax, not
to exceed two percent of state transient lodging tax collections,
are continuously appropriated to the department; and
{ + (b) The balance of the moneys received shall be
segregated and placed in two accounts. One account is composed of
moneys remitted by providers of transient lodging and the second
account is composed of moneys remitted by providers of
residential care and services. + }
(2) { - The balance of the - } Moneys received { + from
providers of transient lodging + } shall be transferred to the
account of the Oregon Tourism Commission established under ORS
284.131. The moneys transferred under this subsection are
continuously appropriated to the Oregon Tourism Commission for
the purposes set forth in ORS 284.131.
{ + (3) Moneys received from providers of residential care
and services shall be transferred to the Department of Human
Services Account established in ORS 409.060. The moneys
transferred under this subsection are continuously appropriated
to the Department of Human Services for the purposes described in
section 1 of this 2012 Act. + }
SECTION 12. { + ORS 320.308 is added to and made a part of ORS
320.305 to 320.340. + }
SECTION 13. ORS 284.131, as amended by section 2 of this 2012
Act, is amended to read:
284.131. (1) All moneys collected, received by or appropriated
to the Oregon Tourism Commission must be deposited into an
account established by the commission in a depository bank
insured by the Federal Deposit Insurance Corporation. In a manner
consistent with the requirements of ORS chapter 295, the chair of
the commission shall ensure that sufficient collateral secures
any amount of funds on deposit that exceeds the limits of the
Federal Deposit Insurance Corporation's coverage.
(2) Subject to the approval of the chair, the commission may
invest moneys collected or received by the commission.
Investments made by the commission must be limited to investments
described in ORS 294.035 (3)(a) to (i).
(3) Interest earned on any moneys invested under subsection (2)
of this section must be made available to the commission in a
manner consistent with the biennial budget of the commission.
(4) The commission shall spend state transient lodging tax
moneys appropriated to the commission under ORS 320.335
{ - (2) - } as follows:
(a) At least 80 percent must be used to fund state tourism
marketing programs.
(b) As much as 15 percent must be used to implement a regional
cooperative tourism marketing program that:
(A) Requires fund allocations to focus on creating new business
from out-of-state and international markets;
(B) Utilizes a regional allocation formula that distributes
revenue to regions, the boundaries of which are established by
the commission, in proportion to the amount of transient lodging
tax revenues collected in each region;
(C) Distributes revenue to recipients that are selected by the
commission as organizations able to conduct tourism-related
marketing for each region;
(D) Requires advertising, publications, CD-ROMs, websites,
videos and other tourism promotion materials funded through the
regional cooperative tourism marketing program to carry the
Oregon Tourism Commission logo and marketing tag line; and
(E) Encourages funding recipients to incorporate design
elements from commission advertising and promotional campaigns,
such as fonts, images and other design elements.
(5) All moneys in the account that are not state transient
lodging tax revenues are continuously appropriated to the
commission for the purposes of carrying out the functions of the
commission.
(6) All expenditures from the account are exempt from any state
expenditure limitation.
SECTION 14. ORS 320.300, as amended by section 3 of this 2012
Act, is amended to read:
320.300. As used in ORS 320.300 to 320.350:
(1) 'Collection reimbursement charge' means the amount a
transient lodging provider { - or a provider of residential
care and services - } may retain as reimbursement for the costs
incurred by the provider in collecting and reporting a transient
lodging tax and in maintaining transient lodging tax records.
(2) 'Conference center' means a facility that:
(a) Is owned or partially owned by a unit of local government,
a governmental agency or a nonprofit organization; and
(b) Meets the current membership criteria of the International
Association of Conference Centers.
(3) 'Convention center' means a new or improved facility that:
(a) Is capable of attracting and accommodating conventions and
trade shows from international, national and regional markets
requiring exhibition space, ballroom space, meeting rooms and any
other associated space, including but not limited to banquet
facilities, loading areas and lobby and registration areas;
(b) Has a total meeting room and ballroom space between
one-third and one-half of the total size of the center's
exhibition space;
(c) Generates a majority of its business income from tourists;
(d) Has a room-block relationship with the local lodging
industry; and
(e) Is owned by a unit of local government, a governmental
agency or a nonprofit organization.
(4) 'Local transient lodging tax' means a tax imposed by a unit
of local government on the sale, service or furnishing of
transient lodging.
(5) 'Provider' means a person that furnishes transient lodging
{ - or that furnishes residential care and services - } .
{ - (6) 'Residential care and services' has the meaning given
that term in section 1 of this 2012 Act. - }
{ - (7) - } { + (6) + } 'State transient lodging tax' means
the tax imposed under ORS 320.305.
{ - (8) - } { + (7) + } 'Tourism' means economic activity
resulting from tourists.
{ - (9) - } { + (8) + } 'Tourism promotion' means any of
the following activities:
(a) Advertising, publicizing or distributing information for
the purpose of attracting and welcoming tourists;
(b) Conducting strategic planning and research necessary to
stimulate future tourism development;
(c) Operating tourism promotion agencies; and
(d) Marketing special events and festivals designed to attract
tourists.
{ - (10) - } { + (9) + } 'Tourism promotion agency'
includes:
(a) An incorporated nonprofit organization or governmental unit
that is responsible for the tourism promotion of a destination on
a year-round basis.
(b) A nonprofit entity that manages tourism-related economic
development plans, programs and projects.
(c) A regional or statewide association that represents
entities that rely on tourism-related business for more than 50
percent of their total income.
{ - (11) - } { + (10) + } 'Tourism-related facility':
(a) Means a conference center, convention center or visitor
information center; and
(b) Means other improved real property that has a useful life
of 10 or more years and has a substantial purpose of supporting
tourism or accommodating tourist activities.
{ - (12) - } { + (11) + } 'Tourist' means a person who, for
business, pleasure, recreation or participation in events related
to the arts, heritage or culture, travels from the community in
which that person is a resident to a different community that is
separate, distinct from and unrelated to the person's community
of residence, and that trip:
(a) Requires the person to travel more than 50 miles from the
community of residence; or
(b) Includes an overnight stay.
{ - (13) - } { + (12) + } 'Transient lodging' means:
(a) Hotel, motel and inn dwelling units that are used for
temporary overnight human occupancy;
(b) Spaces used for parking recreational vehicles or erecting
tents during periods of human occupancy; or
(c) Houses, cabins, condominiums, apartment units or other
dwelling units, or portions of any of these dwelling units, that
are used for temporary human occupancy.
{ - (14) - } { + (13) + } 'Unit of local government' has
the meaning given that term in ORS 190.003.
{ - (15) - } { + (14) + } 'Visitor information center'
means a building, or a portion of a building, the main purpose of
which is to distribute or disseminate information to tourists.
SECTION 15. ORS 320.305, as amended by section 4 of this 2012
Act, is amended to read:
320.305. (1) A tax of one percent is imposed on any
consideration rendered for the sale, service or furnishing of
{ - : - }
{ - (a) - } transient lodging and shall be in addition to
and not in lieu of any applicable local transient lodging tax
{ - ; or - } { + . + }
{ - (b) Residential care and services and shall be in lieu of
any applicable local transient lodging tax. - }
(2) The tax shall be collected by the provider.
(3) A provider shall withhold five percent of the amount the
provider collects under subsection (2) of this section for the
purpose of reimbursing the provider for the cost of tax
collection, record keeping and reporting.
SECTION 16. ORS 320.308, as amended by section 5 of this 2012
Act, is amended to read:
320.308. { - (1) - } The following are exempt from the state
transient lodging tax:
{ - (a) - } { + (1) + } A dwelling unit in a hospital,
health care facility, long term care facility or any other
residential facility that is licensed, registered or certified by
the Department of Human Services or the Oregon Health Authority.
{ - (b) - } { + (2) + } A dwelling unit in a facility
providing treatment for drug or alcohol abuse or providing mental
health treatment.
{ - (c) - } { + (3) + } A dwelling unit that is used by
members of the general public for temporary human occupancy for
fewer than 30 days per year.
{ - (d) - } { + (4) + } A dwelling unit, the consideration
for which is funded through a contract with a government agency
and the purpose of which is to provide emergency or temporary
shelter.
{ - (e) - } { + (5) + } A dwelling unit at a nonprofit
youth or church camp, nonprofit conference center or other
nonprofit facility.
{ - (f) - } { + (6) + } A dwelling unit that is leased or
otherwise occupied by the same person for a consecutive period of
30 days or more during the year. The requirements of this
{ - paragraph - } { + subsection + } are satisfied even if the
physical dwelling unit changes during the consecutive period, if:
{ - (A) - } { + (a) + } All dwelling units occupied are
within the same facility; and
{ - (B) - } { + (b) + } The person paying consideration for
the transient lodging is the same person throughout the
consecutive period.
{ - (2) The exemptions in subsection (1) of this section do
not apply to dwelling units furnished by providers of residential
care and services. - }
SECTION 17. ORS 320.335, as amended by section 11 of this 2012
Act, is amended to read:
320.335. { - (1) - } All moneys received by the Department
of Revenue pursuant to ORS 320.305 to 320.340, and interest
thereon, shall be paid to the State Treasurer to be held in a
suspense account established under ORS 293.445. After the payment
of refunds:
{ - (a) - } { + (1) + } Moneys necessary to reimburse the
Department of Revenue for the actual costs incurred by the
department in administering the state transient lodging tax, not
to exceed two percent of state transient lodging tax collections,
are continuously appropriated to the department { - ; and - }
{ + . + }
{ - (b) The balance of the moneys received shall be
segregated and placed in two accounts. One account is composed of
moneys remitted by providers of transient lodging and the second
account is composed of moneys remitted by providers of
residential care and services. - }
(2) { + The balance of the + } moneys received { - from
providers of transient lodging - } shall be transferred to the
account of the Oregon Tourism Commission established under ORS
284.131. The moneys transferred under this subsection are
continuously appropriated to the Oregon Tourism Commission for
the purposes set forth in ORS 284.131.
{ - (3) Moneys received from providers of residential care
and services shall be transferred to the Department of Human
Services Account established in ORS 409.060. The moneys
transferred under this subsection are continuously appropriated
to the Department of Human Services for the purposes described in
section 1 of this 2012 Act. - }
SECTION 18. { + Section 1 of this 2012 Act is repealed. + }
SECTION 19. { + On the operative date specified in section 20
of this 2012 Act, all unexpended moneys in the Department of
Human Services Account established in ORS 409.060 that are
attributable to the collection of the tax under ORS 320.305 by
providers of residential care and services shall be refunded. + }
SECTION 20. { + Section 19 of this 2012 Act, the amendments to
ORS 284.131, 320.300, 320.305, 320.308 and 320.335 by sections 13
to 17 of this 2012 Act and the repeal of section 1 of this 2012
Act by section 18 of this 2012 Act become operative on the
earlier of:
(1) If the Centers for Medicare and Medicaid Services denies or
withdraws approval of federal financial participation for
expenditures under ORS 320.335 (3), the effective date of such
action; or
(2) October 1, 2019. + }
SECTION 21. { + The Department of Human Services shall seek
any federal approval that is necessary to ensure that medical
assistance expenditures made with moneys appropriated to the
department under ORS 320.335 (3) will qualify for federal
financial participation. The department shall immediately notify
the Department of Revenue and the Legislative Counsel if federal
approval is necessary and, if so, the Department of Human
Services shall immediately notify the Department of Revenue and
the Legislative Counsel upon the receipt, denial or withdrawal of
federal approval. + }
SECTION 22. { + The amendments to ORS 320.305 by section 4 of
this 2012 Act apply to consideration received by a provider of
residential care and services on or after July 1, 2012. + }
SECTION 23. { + This 2012 Act takes effect on the 91st day
after the date on which the 2012 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + }
----------
