72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 313
A-Engrossed
House Bill 2450
Ordered by the House April 8
Including House Amendments dated April 8
Sponsored by Representatives KAFOURY, KNOPP, Senators BROWN,
CLARNO; Representatives AVAKIAN, BARKER, BARNHART, DALTO,
DINGFELDER, GREENLICK, HUNT, MARCH, NELSON, ROSENBAUM, TOMEI
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.
Allows parent receiving temporary assistance for needy families
to attend { - eligible post-secondary - } { + educational + }
institution as allowable work activity. { + Applies when
necessary waivers are in effect. + }
A BILL FOR AN ACT
Relating to temporary assistance for needy families program;
creating new provisions; and amending ORS 418.131.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Subject to the limitation in section 2 of
this 2003 Act, a parent who applies for or receives temporary
assistance for needy families under ORS 418.035 to 418.125 who
meets the criteria described in subsection (2) of this section
may enroll in and attend a two-year or four-year program at an
educational institution as an allowable work activity for
purposes of ORS 418.035 to 418.125.
(2) To enroll in and attend an educational institution as an
allowable work activity, a parent must:
(a) Be accepted for full-time attendance into or be enrolled
full-time at an educational institution;
(b) Demonstrate that completion of the educational program is
likely to result in employment that provides the wages and
benefits necessary for the parent to support the parent's family
without temporary assistance for needy families; and
(c) Make satisfactory academic progress, as defined by the
educational institution, toward a degree or certificate.
(3) A parent who is enrolled at an educational institution
under this section shall receive temporary assistance for needy
families under ORS 418.035 to 418.125 as well as be eligible for
all other support services under the temporary assistance for
needy families program. Assistance under this section does not
include tuition and fees associated with enrollment at an
educational institution.
(4) The Department of Human Services shall inform all parents
applying for or participating in the temporary assistance for
needy families program of the option to enroll in an educational
institution and the requirements under subsection (2) of this
section.
(5) The department shall adopt rules to implement and
administer this section.
(6) As used in this section, 'educational institution' has the
meaning given that term in ORS 348.105. + }
SECTION 2. { + For a calendar year, the number of parents
enrolled in an educational institution under section 1 of this
2003 Act may not exceed one percent of the number of households
receiving temporary assistance for needy families on January 1 of
the calendar year. + }
SECTION 3. ORS 418.131 is amended to read:
418.131. (1) A person shall not receive aid for more than a
total of 24 months in any period of 84 consecutive months.
(2) For purposes of determining the 24-month limitation
described in subsection (1) of this section, a month in which one
parent of a family receiving aid under ORS 418.035 to 418.125
receives gross earnings in an amount equal to 173 times the
hourly minimum wage as provided in ORS 653.025 but in an amount
that does not exceed the eligibility requirements for aid under
ORS 418.035 to 418.125 shall be counted as two-fifths of a month.
(3) The 24-month limitation described in subsection (1) of this
section shall not apply to:
(a) A month in which a dependent child receiving aid resides
with a person other than the child's natural or adoptive parent;
(b) Up to three months within a two-year period for the care of
any family members who suffer serious health conditions as
defined in ORS { - 659.565 - } { + 659A.150 + }; or
(c) A household with only one parent in which the basis of
eligibility is the incapacity of that parent or, in a household
with two parents, if both parents are incapacitated or one parent
is required in the home to care for the incapacitated parent.
(4) A person whose aid is terminated under subsection (1) of
this section may become eligible to receive aid, as determined by
the Department of Human Services, in excess of 24 months if:
(a) The former recipient is a dependent child in a two-parent
household and the primary wage earner in the household dies;
(b) The former recipient is a dependent child and the child
resides with a person other than the parent, parents or legal
guardian with whom the child lived at the time the child was
receiving aid; or
(c) The former recipient is a parent of a dependent child
receiving aid and the department determines that the parent is
making diligent efforts in good faith to obtain permanent
employment. The number of families receiving aid under this
paragraph in any month may not exceed one percent of the total
number of families receiving aid in that month or 400 families,
whichever is greater.
(5)(a) The time limitations described in subsection (1) of this
section { - shall - } { + do + } not apply to any person who
is { + :
(A) + } Required to participate in the JOBS Program unless the
person has been offered the opportunity to participate in an
education, employment or job training program including teen
parent programs as defined by the department.
{ - (b) - } { + (B) + } { - A person is not subject to
the time limitations of subsection (1) of this section if the
person is - } Participating in an employment and training
program including any employment search activities required by
the program.
{ + (C) Enrolled at an educational institution under section
1 of this 2003 Act. + }
{ - (c) - } { + (b) + } The department shall report to each
session of the Legislative Assembly the number of families whose
period of time receiving aid has exceeded the time limitations of
subsection (1) of this section because of the exceptions provided
under
{ - paragraphs (a) and (b) - } { + paragraph (a) + } of this
subsection. The report shall include information sufficient to
permit the Legislative Assembly to determine if the exceptions
make a significant contribution to increased self-sufficiency of
persons granted an exemption.
(6)(a) The Department of Human Services shall monitor the
average period of time a person receives aid { - as described
in ORS 418.035 to 418.125 - } and shall record such information
by family size. The department shall monitor the wages and
benefits received by an individual who becomes employed while
receiving aid, including medical and child care benefits. The
department shall monitor and record the rate at which persons who
cease receiving aid for employment subsequently apply for and
receive aid.
(b) The department shall report the results of the monitoring
required under paragraph (a) of this subsection to the
Legislative Assembly not later than the 15th day of each
legislative session.
SECTION 4. { + Sections 1 and 2 of this 2003 Act and the
amendments to ORS 418.131 by section 3 of this 2003 Act apply to
any period during which the necessary waivers from the United
States Department of Health and Human Services are in effect. + }
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