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 3738
 
                         Senate Bill 925
 
Sponsored by COMMITTEE ON RULES
 
 
                             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.
 
  Directs Director of Human Services and local mental health
authorities to develop formula for distribution of moneys to
counties for purpose of providing mental health services.
  Directs Department of Human Services to adopt formula by rule
if director and local mental health authorities do not develop
formula. Requires formula to provide for distribution of moneys
to counties on equal per capita basis as nearly as practicable.
Allows for transition to equalization requirement.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to mental health; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2003 Act are added to
and made a part of ORS 430.610 to 430.695. + }
  SECTION 2.  { + (1) Subject to section 3 of this 2003 Act, not
later than June 30, 2004, the Director of Human Services and
representatives of local mental health authorities as defined in
ORS 430.630 shall develop and agree upon a formula under which
moneys appropriated to the Department of Human Services for
distribution as grants to counties for the purpose of providing
mental health services shall be allocated to counties.
  (2) If the director and representatives of local mental health
authorities develop and agree upon a formula as provided under
subsection (1) of this section, the department shall adopt the
formula by rule. The rule may be adopted after June 30, 2004, and
shall first apply to distributions made for the biennium
beginning July 1, 2005.
  (3) Subsection (1) of this section:
  (a) Applies to moneys allocated to counties for the purpose of
providing mental health services that exceed the first $100,000
allocated to each county; and
  (b) Does not apply to moneys allocated for specific
expenditures required by law.
  (4) As used in this section, 'county' or 'counties ' includes
community mental health and developmental disabilities programs
operating under contract with more than one county. + }
  SECTION 3.  { + (1) If the Director of Human Services
determines that the director and representatives of local mental
health authorities as defined in ORS 430.630 have not developed
and agreed upon a formula described in section 2 of this 2003 Act
by June 30, 2004, the Department of Human Services shall adopt by
rule a formula under which moneys appropriated to the department
for distribution as grants to counties for the purpose of
providing mental health services shall be allocated to counties.
  (2) The formula adopted under subsection (1) of this section
shall:
  (a) Provide that for biennia beginning on or after July 1,
2005, and before July 1, 2009, the per capita amount allocated to
each county be adjusted toward the target amount based on the
revenue gap applicable to the county; and
  (b) Provide that for biennia beginning on and after July 1,
2009, moneys appropriated to the department for distribution as
grants to counties be allocated, as nearly as practicable, on an
equal per capita basis. In determining whether allocations under
this paragraph should be made on other than an equal per capita
basis, the director:
  (A) May consider factors the director considers relevant to the
provision of mental health services, including but not limited to
the incidence of persons requiring mental health services in a
county; and
  (B) Shall consult with and consider the recommendations of
representatives of local mental health authorities as defined in
ORS 430.630.
  (3) Subsections (1) and (2) of this section:
  (a) Apply to moneys allocated to counties for the purpose of
providing mental health services that exceed the first $100,000
allocated to each county; and
  (b) Do not apply to moneys allocated for specific expenditures
required by law.
  (4) If the department is required to develop a formula under
subsection (1) of this section, the department shall report to
the Legislative Assembly on or before January 15 of each
odd-numbered year. The report shall describe the department's
progress in complying with this section.
  (5) As used in this section:
  (a) 'Base amount' means the per capita amount a county received
during the biennium beginning July 1, 2001, from the department
as a grant for the purpose of providing mental health services.
  (b) 'County' or 'counties' includes community mental health and
developmental disabilities programs operating under contract with
more than one county.
  (c) 'Revenue gap' means the difference between the base amount
and the target amount.
  (d) 'Target amount' means the per capita amount that would be
allocated to each county in a biennium beginning on or after July
1, 2003, if moneys appropriated to the department and distributed
to counties for the purpose of providing mental health services
were allocated, as nearly as practicable, on an equal per capita
basis. + }
  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. + }
                         ----------