Relating to Individual Children's Development Account Program; creating new provisions; amending ORS 417.900; appropriating money; and declaring an emergency.

 
 
 
     71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1561
 
                         House Bill 2331
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Health and Human Services)
 
 
                             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.
 
  Transfers Individual Children's Development Account Program
from State Commission on Children and Families to Housing and
Community Services Department.
  Appropriates moneys from General Fund to Housing and Community
Services Department for Individual Children's Development Account
Program.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to Individual Children's Development Account Program;
  creating new provisions; amending ORS 417.900; appropriating
  money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 417.900 is amended to read:
  417.900. (1) The   { - State Commission on Children and
Families - }  { +  Housing and Community Services Department + }
shall administer the Individual Children's Development Account
Program. The program shall include but not be limited to:
  (a) Eligibility criteria for state participation in the funding
of the Individual Children's Development Accounts, including but
not limited to, utilization of a sliding scale based on family
income;
  (b) A mechanism for community and business contributions to
Individual Children's Development Accounts;
  (c) Proposal for tax incentives for the establishment and
maintenance of such accounts; and
  (d) Recommendations regarding account purposes, including but
not limited to, the purposes set forth in subsection (2) of this
section.
  (2) As used in this section, 'Individual Children's Development
Account Program' means a program established by parents or by the
government with parental consent for an Oregon child less than 18
years of age at the time of its establishment that may be used at
any age by that child for one or more of these purposes:
  (a) Securing post-high school education, including but not
limited to, community college, four-year college or university or
post-college graduate education;
  (b) Securing post-high school job training, including but not
limited to, a career school;
  (c) Purchasing a home for the first time, either alone or with
another; or
  (d) Capitalizing a business.
  SECTION 2.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Housing and Community
Services Department, for the biennium beginning July 1, 2001, out
of the General Fund, the amount of $___, which may be expended
for the Individual Children's Development Account Program under
ORS 417.900. + }
  SECTION 3.  { + On the effective date of this 2001 Act, the
Individual Children's Development Account Program is transferred
from the State Commission on Children and Families to the Housing
and Community Services Department. + }
  SECTION 4.  { + The staff director of the State Commission on
Children and Families shall deliver to the Director of the
Housing and Community Services Department all records and
property within the jurisdiction of the staff director that
relate to the Individual Children's Development Account Program.
The Director of the Housing and Community Services Department
shall take possession of such property. Any dispute as to
transfers of property under this section shall be resolved by the
Governor, and the Governor's decision is final. + }
  SECTION 5.  { + All unexpended moneys appropriated or otherwise
available to the State Commission on Children and Families for
the Individual Children's Development Account Program transferred
by section 3 of this 2001 Act to the Housing and Community
Services Department are appropriated to the Housing and Community
Services Department. + }
  SECTION 6.  { + Any proceeding, action, prosecution or other
business or matter undertaken or commenced before the effective
date of section 3 of this 2001 Act by the State Commission on
Children and Families with respect to the Individual Children's
Development Account Program transferred to the Housing and
Community Services Department by section 3 of this 2001 Act, and
still pending on the effective date of section 3 of this 2001
Act, may be conducted and completed by the Housing and Community
Services Department in the same manner, under the same terms and
conditions and with the same effect as though undertaken,
commenced, conducted or completed by the State Commission on
Children and Families before the transfer. + }
  SECTION 7.  { + Nothing in this 2001 Act relieves any person of
any obligation with respect to a tax, fee, fine or other charge,
interest, penalty, forfeiture or other liability, duty or
obligation. + }
  SECTION 8.  { + The Housing and Community Services Department
to which the Individual Children's Development Account Program is
assigned and transferred by section 3 of this 2001 Act is
considered to be a continuation of the State Commission on
Children and Families with respect to the Individual Children's
Development Account Program, and not a new authority, for the
purpose of succession to all rights and obligations of the State
Commission on Children and Families as constituted at the time of
such assignment or transfer, except as otherwise provided by this
2001 Act, with the same force and effect as if the Individual
Children's Development Account Program had not been assigned or
transferred. + }
  SECTION 9.  { + (1) Whenever, in any law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized thereby, reference is made to the State
Commission on Children and Families, whose duties, functions or
powers are assigned or transferred by section 3 of this 2001 Act,
except as otherwise provided in this 2001 Act, such reference is
considered to describe the Housing and Community Services
Department that by section 3 of this 2001 Act is charged with
carrying out such duties, functions and powers.
 
  (2) The lawful rules of the State Commission on Children and
Families with respect to the Individual Children's Development
Account Program continue in effect until superseded or rescinded
by rules lawfully adopted by the Housing and Community Services
Department to which was transferred the Individual Children's
Development Account Program. + }
  SECTION 10.  { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect
July 1, 2001. + }
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