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 1238-1
A-Engrossed
Senate Bill 425
Ordered by the House May 3
Including House Amendments dated May 3
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of 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.
Permits more than one eligible person residing in same
household to claim elderly rental assistance. { + Extends filing
date for elderly rental assistance from April 15 to July 1.
Changes payment date for assistance from month of October to
November 15. + }
Applies to elderly rental assistance claims made on or after
January 1, 2001.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to elderly rental assistance; creating new provisions;
amending ORS 310.635 and 310.657; and prescribing an effective
date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 310.635 is amended to read:
310.635. (1) A taxpayer who is eligible for elderly rental
assistance shall be granted the rental assistance either in the
amount determined under subsection (2) of this section or by
using the schedule for renters set forth in subsection (3) of
this section, whichever is greater. A taxpayer is eligible for
elderly rental assistance under this section if:
(a) The taxpayer is 58 years of age or older before the close
of the calendar year immediately preceding the year in which the
rental assistance is claimed;
(b) The household income of the taxpayer is less than $10,000;
(c) The gross rent of the taxpayer is in excess of 20 percent
of household income; and
(d) The taxpayer files a claim with the Department of Revenue
as required by ORS 310.657.
(2) A taxpayer eligible for elderly rental assistance under
this section shall be paid by the department an amount equal to
the positive difference between the taxpayer's gross rent, not to
exceed $2,100, and 20 percent of household income.
(3) The schedule for renters referred to in subsection (1) of
this section is:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Maximum
Refundable
Rent
Household Constituting
Income Property Tax
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
$ 0 - 499 $ 250
500 - 999 245
1,000 1,499 238
1,500 1,999 228
2,000 2,499 217
2,500 2,999 205
3,000 3,499 192
3,500 3,999 179
4,000 4,499 165
4,500 4,999 151
5,000 5,499 136
5,500 5,999 121
6,000 6,499 106
6,500 6,999 91
7,000 7,499 77
7,500 7,999 63
8,000 8,499 50
8,500 8,999 38
9,000 9,499 27
9,500 9,999 18
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(4) The elderly rental assistance payments required by
subsection (2) of this section shall be made by the department
during the month of October.
(5) The elderly rental assistance granted under this section
applies to gross rent paid in the calendar year for which the
claim is filed.
{ - (6)(a) Only one taxpayer per household per year shall be
granted elderly rental assistance under this section. - }
{ - (b) Neither - } { + (6)(a) + } A person who is, as of
December 31 of the year for which elderly rental assistance is
claimed, a tenant-stockholder of a cooperative housing
corporation { - nor - } { + or + } a resident of a nonprofit
home for the elderly owned or being purchased by a corporation
described in ORS 307.375 { - shall - } { + may not + } be
granted elderly rental assistance.
{ - (c) - } { + (b) + } { - No - } { + + }Elderly
rental assistance { - shall - } { + may not + } be granted
under this section for less than { - $5 - } { + $1 + }, after
offsets for all amounts owed to the state.
{ - (d) - } { + (c) + } { - No - } { + + }Elderly
rental assistance { - shall - } { + may not + } be granted
under this section for any period during which the taxpayer's
needs were included in a payment made by the Adult and Family
Services Division pursuant to ORS 418.172. However, if it is
determined that the taxpayer's needs were included in a payment
made by the Adult and Family Services Division under ORS 418.172
and the taxpayer is eligible for the period for elderly rental
assistance in an amount greater than the payment, the department
shall grant elderly rental assistance in the amount of the
difference.
(7) Elderly rental assistance, allowed pursuant to this
section, is not subject to the garnishment provisions of ORS
29.125 to 29.395, except by a government entity.
SECTION 2. ORS 310.657 is amended to read:
310.657. (1) On or before { - April 15 - } { + July 1 + }
following the year for which the claim is filed, a taxpayer
claiming the elderly rental assistance provided under ORS 310.635
shall submit a claim to the Department of Revenue, together with
a copy of the statement of gross rent. The claim shall be
submitted on a form prescribed and furnished by the department.
The department shall prepare blank forms for the claims and shall
distribute them throughout the state. The department may require
from the taxpayer any proof it considers necessary to determine
if the taxpayer is eligible for elderly rental assistance
pursuant to ORS 310.635. If the taxpayer is unable to submit the
claim of the taxpayer, the claim shall be submitted by a duly
authorized agent or by a guardian or other person charged with
the care of the person or property of such taxpayer.
{ + (2) A claim for elderly rental assistance that is filed
after July 1 shall be paid by the department at the time and to
the extent that payments for timely filed claims made in the next
succeeding year are made by the department. + }
{ - (2) - } { + (3) + } The department shall audit or
examine the claim and, if it appears that the taxpayer is
eligible for rental assistance, shall determine the amount to
which the taxpayer is entitled under ORS 310.635.
{ - (3) - } { + (4) + } If the department denies the claim
in whole or in part, the department shall notify the taxpayer. If
the claim is allowed in whole or in part, the entire elderly
rental assistance shall be paid { - during the month of
October - } { + on or before November 15 of the year in which
the claim is filed + }. The department shall make the payments
required by this section from the suspense account referred to in
ORS 310.692. { + If necessary, the department may prorate the
payments as provided in ORS 310.692. + }
SECTION 3. { + The amendments to ORS 310.635 and 310.657 by
sections 1 and 2 of this 2001 Act apply to claims for elderly
rental assistance submitted on or after January 1, 2001. + }
SECTION 4. { + This 2001 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-first
Legislative Assembly adjourns sine die. + }
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