Chapter 690 Oregon Laws 2005

AN ACT

SB 510

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

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

SECTION 1. Section 1, chapter 981, Oregon Laws 2001, does not apply to applications for renewal of a license under ORS 443.425 when the applicant is not seeking an increase in the number of living units or residents in the facility.

SECTION 2. Section 2, chapter 981, Oregon Laws 2001, as amended by section 2, chapter 308, Oregon Laws 2003, is amended to read:

Sec. 2. Section 1, chapter 981, Oregon Laws 2001, is repealed on June 30, [2005] 2009.

SECTION 3. (1) A person that submitted schematic plans or construction drawings for a new residential care facility, as defined in ORS 443.400, to the Department of Human Services as described in section 1 (1)(c), chapter 981, Oregon Laws 2001, as amended by section 1, chapter 308, Oregon Laws 2003, before August 16, 2001, shall pay an annual fee of $5,000. The fee shall be paid for each fiscal year during which construction on the submitted project has not begun.

(2) Schematic plans or construction drawings submitted to the department are deemed to be withdrawn if the person fails to pay the fee described in subsection (1) of this section.

SECTION 4. (1) The fee described in section 3 of this 2005 Act applies for each fiscal year that begins on or after July 1, 2005, to any schematic plan or construction drawing submitted to the Department of Human Services for review before August 16, 2001.

(2) The department shall adopt rules implementing subsection (1) of this section.

SECTION 5. (1) A person that submitted schematic plans or construction drawings for a new residential care facility to the Department of Human Services before August 16, 2001, as described in section 3 of this 2005 Act shall submit to the department a copy of a construction permit, a building permit or other permit necessary to begin construction no later than 24 months after the effective date of this 2005 Act.

(2) Schematic plans or construction drawings submitted to the department are deemed to be withdrawn if the person fails to submit the copy required under subsection (1) of this section.

SECTION 6. If this 2005 Act does not become effective until after June 30, 2005, the amendments to section 2, chapter 981, Oregon Laws 2001, by section 2 of this 2005 Act revive section 1, chapter 981, Oregon Laws 2001. If this 2005 Act does not become effective until after June 30, 2005, this 2005 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, 2005, to the effective date of this 2005 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, 2005, and before the effective date of this 2005 Act, is ratified and approved.

SECTION 7. (1) The Residential Care Facility Licensing Moratorium Fee Subaccount is established in the Senior and Disabled Services Account established under ORS 410.120. Fees collected by the Department of Human Services under section 3 of this 2005 Act shall be deposited in the Residential Care Facility Licensing Moratorium Fee Subaccount. Moneys deposited in the subaccount are continuously appropriated to the department.

(2) Notwithstanding ORS 410.120 (3), moneys in the subaccount at the end of a biennium are retained in the subaccount and do not revert to the General Fund.

SECTION 8. Sections 1, 3, 4, 5 and 6 of this 2005 Act are repealed on June 30, 2009.

SECTION 9. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.

Approved by the Governor August 3, 2005

Filed in the office of Secretary of State August 3, 2005

Effective date August 3, 2005

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