Chapter 308 Oregon Laws 2003

AN ACT

HB 3122

Relating to residential care facilities; creating new provisions; amending sections 1 and 2, chapter 981, Oregon Laws 2001; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 1, chapter 981, Oregon Laws 2001, is amended to read:

Sec. 1. (1) Notwithstanding ORS 443.415, the Department of Human Services may issue a license only to an applicant for operation of a residential care facility as defined in ORS 443.400 who is in compliance with ORS 443.400 to 443.455 and the rules of the Director of Human Services if:

[(1)] (a) The type of residential care facility for which a license is sought is located in a service area that is underserved by facilities of that type;

[(2)] (b) The residential care facility is relocating within the service area and the applicant is [not] seeking an increase in the number of living units or residents in the facility as specified in subsection (2) of this section;

[(3)] (c) The schematic plans or construction drawings for a new residential care facility were submitted to the department before [the effective date of this 2001 Act] August 16, 2001;

[(4)] (d) There is a change of ownership or management of the residential care facility and the applicant is [not] seeking an increase in the number of living units or residents in the facility as specified in subsection (2) of this section; or

[(5)] (e) The residential care facility is applying for a license renewal under ORS 443.425 and the applicant is [not] seeking an increase in the number of living units or residents in the facility as specified in subsection (2) of this section.

(2) An applicant may seek an increase in the number of residents to be maintained in the residential care facility:

(a) That is not greater than 10 percent of the maximum number of residents stated on the facility’s license at the time of application; or

(b) Of 10 residents.

(3) In calculating 10 percent of the maximum number of residents, the department shall round up to the nearest whole number.

SECTION 2. Section 2, chapter 981, Oregon Laws 2001, is amended to read:

Sec. 2. Section 1, chapter 981, Oregon Laws 2001, [of this 2001 Act] is repealed on June 30, [2003] 2005.

SECTION 3. If this 2003 Act does not become effective until after June 30, 2003, the amendments to section 2, chapter 981, Oregon Laws 2001, by section 2 of this 2003 Act revive section 1, chapter 981, Oregon Laws 2001. If this 2003 Act does not become effective until after June 30, 2003, this 2003 Act shall be operative retroactively to that date, and the operation and effect of section 1, chapter 981, Oregon Laws 2001, shall continue unaffected from June 30, 2003, to the effective date of this 2003 Act and thereafter. Any otherwise lawful action taken or otherwise lawful obligation incurred under the authority of section 1, chapter 981, Oregon Laws 2001, after June 30, 2003, and before the effective date of this 2003 Act, is ratified and approved.

SECTION 4. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor June 11, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date June 11, 2003

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