Chapter 749 Oregon Laws 2005

AN ACT

SB 870

Relating to Oregon Project Independence; creating new provisions; amending ORS 311.701, 410.425 and 410.470; appropriating money; limiting expenditures; and declaring an emergency.

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

SECTION 1. (1) The Oregon Project Independence Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Project Independence Fund shall be credited to the Oregon Project Independence Fund. Moneys in the Oregon Project Independence Fund at the end of a biennium are retained in the Oregon Project Independence Fund and do not revert to the General Fund.

(2) The Oregon Project Independence Fund consists of moneys appropriated to the fund by the Legislative Assembly, interest earned by the fund, moneys contributed to the fund by donors and moneys transferred to the fund under ORS 311.701.

(3) Moneys in the Oregon Project Independence Fund are continuously appropriated to the Department of Human Services for the purpose of funding Oregon Project Independence as provided in ORS 410.410 to 410.480.

SECTION 2. ORS 410.425 is amended to read:

410.425. Except as provided in section 1 of this 2005 Act, the funds available for purposes of ORS 410.410 to 410.480 shall be kept in separate accounts in the General Fund. One account shall be used for funds appropriated for persons otherwise eligible who are 60 years of age or older. The other account shall be used for funds appropriated for persons otherwise eligible who have Alzheimer’s disease or a related disorder.

SECTION 3. No later than 30 days after the effective date of this 2005 Act, the Department of Human Services shall pay $12 million into the Oregon Project Independence Fund established in section 1 of this 2005 Act.

SECTION 4. ORS 311.701 is amended to read:

311.701. (1) There is established in the State Treasury the Senior Property Tax Deferral Revolving Account to be used by the Department of Revenue for the purpose of making the payments to:

(a) County tax collectors of property taxes deferred for tax years beginning on or after January 1, 1983, as required by ORS 311.676.

(b) The appropriate local officer of special assessment improvement amounts deferred on or after October 15, 1983, as required by ORS 311.730.

[(2) The funds necessary to make payments under subsection (1) of this section shall be advanced to the department from time to time as necessary by the State Treasurer as an investment of the General Fund. The interest rate on the investment shall be as stated in ORS 311.674 (3) or 311.711 (3). No funds shall be advanced under this subsection after June 30, 1985.]

[(3)] (2) The Senior Property Tax Deferral Revolving Account may include a reserve for payment of department administrative expenses.

[(4)] (3) All sums of money received by the Department of Revenue under ORS 311.666 to 311.701 as repayments of deferred property taxes or under ORS 311.702 to 311.735 as repayments of deferred special assessment improvement amounts, including the interest accrued under ORS 311.674 (3) or 311.711 (3) shall, upon receipt, be credited to the revolving account and are continuously appropriated to the department [after June 30, 1985,] for the purposes of subsection (1) of this section.

[(5)] (4) [After June 30, 1985,] If there is not sufficient money in the revolving account to make the payments required by subsection (1) of this section, there is appropriated from the General Fund an amount sufficient which together with the money in the revolving account will provide an amount sufficient to make the required payments.

[(6) When the department determines that moneys in sufficient amounts are available in the revolving account, the department shall repay to the General Fund the amounts advanced as investments under subsection (2) of this section and section 17, chapter 550, Oregon Laws 1983, plus accrued interest. The moneys used to repay the General Fund under this section shall not be considered a budget item on which a limitation is otherwise fixed by law.]

(5)(a) On November 30 of each year, if the amount in the revolving account exceeds the greater of 35 percent of the total amount needed to make the payments described in subsection (1) of this section for the previous property tax year or $5 million, the department shall calculate the difference between the amount in the revolving account and the greater of an amount that equals 35 percent of the total amount needed to make the payments described in subsection (1) of this section for the previous property tax year or $5 million.

(b) No later than February 1 of each year, the department shall transfer an amount equal to the difference described in paragraph (a) of this subsection into the Oregon Project Independence Fund established in section 1 of this 2005 Act.

SECTION 5. The amendments to ORS 311.701 by section 4 of this 2005 Act become operative on July 1, 2007.

SECTION 6. In addition to and not in lieu of any other appropriation, the amount of $250,000 shall be transferred from the Senior Property Tax Deferral Revolving Account to the Oregon Project Independence Fund no later than February 1, 2006.

SECTION 7. In addition to and notwithstanding any other law limiting expenditures, the amount of $12 million is established for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses from moneys transferred from the Oregon Project Independence Fund to the Department of Human Services for funding Oregon Project Independence.

SECTION 8. Sections 1 and 9 of this 2005 Act are added to and made a part of ORS 410.410 to 410.480.

SECTION 9. (1) Notwithstanding ORS 410.430 and subject to the conditions described in subsection (2) of this section, the Department of Human Services shall adopt rules:

(a) Expanding the eligibility requirements of Oregon Project Independence to cover persons 19 years of age or older with physical disabilities; and

(b) Expanding authorized services under Oregon Project Independence to include:

(A) Public education on long term care planning and resources;

(B) Establishment and maintenance of a website on long term care planning and resources; and

(C) Long term care case management and case planning services offered for a fee to persons who are not eligible for services from Oregon Project Independence.

(2) The department may not adopt the rules expanding Oregon Project Independence described in subsection (1) of this section unless the amount of moneys in the Oregon Project Independence Fund established in section 1 of this 2005 Act is sufficient to provide services to eligible clients under ORS 410.410 to 410.480 and is sufficient to fund the expansion of the program to persons with physical disabilities and the additional authorized services described in subsection (1) of this section.

(3) Rules adopted under subsection (1) of this section are valid only for the biennium in which the rules are adopted.

SECTION 10. ORS 410.470 is amended to read:

410.470. (1) The Department of Human Services shall establish fees for [service schedules] services provided under ORS 410.410 to 410.480 after consultation with area agencies on aging. The [schedules] fees may differ for different areas and for different income levels.

[(2) A minimum income level and fees for service schedule shall be established and reviewed annually by the department after consulting with the Governor’s Commission on Senior Services.]

[(3)] (2) Fees [for service are to] established under subsection (1) of this section shall be charged to all clients [whose annual income exceeds the minimum, as established by rule of the department].

[(4)] (3) A record of all fees [for service] collected shall be kept by each authorized agency and made available upon request to the department.

[(5)] (4) Nothing prevents any client of Oregon Project Independence from making a contribution.

[(6)] (5) Fees [for service] and any contribution must be used to expand services.

SECTION 11. On or after July 1, 2007, the Department of Revenue is not obligated to repay to the General Fund the amounts advanced to the department under ORS 311.701 (2) (2003 Edition) and section 17, chapter 550, Oregon Laws 1983, plus accrued interest.

SECTION 12. 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 17, 2005

Filed in the office of Secretary of State August 17, 2005

Effective date August 17, 2005

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