74th OREGON LEGISLATIVE ASSEMBLY--2007 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 362
 
                           A-Engrossed
 
                         Senate Bill 41
                Ordered by the Senate February 27
          Including Senate Amendments dated February 27
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Public Utility Commission of Oregon)
 
 
                             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.
 
  Modifies definition of 'low income customers' eligible for
Oregon Telephone Assistance Program to include residents of long
term care facilities or residential care facilities who receive
Medicaid and whose   { - annual - }  incomes do not exceed
specified level.
 
                        A BILL FOR AN ACT
Relating to assistance for low income telephone customers;
  amending section 6, chapter 290, Oregon Laws 1987.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 6, chapter 290, Oregon Laws 1987, as amended
by section 1, chapter 622, Oregon Laws 1991, is amended to read:
   { +  Sec. 6. + } (1) In carrying out the provisions of section
2, chapter 290, Oregon Laws 1987, the Public Utility Commission
shall establish a plan to provide assistance to low income
customers through differential rates or otherwise. The plan of
assistance shall be designed to use, to the maximum extent
possible, the available funding offered by the Federal
Communications Commission, and may provide different levels of
assistance to low income customers based upon differences in
local exchange rates.  The plan established by the commission
shall prescribe the amount of assistance to be provided and the
time and manner of payment.
  (2) For the purpose of establishing a plan to provide
assistance to low income customers under this section, the
commission shall require all public utilities, cooperative
corporations  { - , - }  and unincorporated associations
providing local exchange telecommunication service to participate
in the plan, except as provided in subsection (3) of this
section.
  (3) In lieu of participation in the commission's plan to assist
low income customers, a public utility, cooperative corporation
 { - , - }  or unincorporated association providing local
exchange telecommunication service may apply to the commission to
establish an alternative plan for the purpose of carrying out the
provisions of section 2, chapter 290, Oregon Laws 1987, for its
own customers. The commission shall adopt standards for
determining the adequacy of alternative plans.
  (4) The commission may contract with any governmental agency to
assist the commission in the administration of any assistance
plan adopted pursuant to this section.
  (5) { + (a) + } As used in sections 2 to 6, chapter 290, Oregon
Laws 1987, 'low income customer' means an individual determined
by the commission { + :
  (A)  + }To be receiving benefits from the federal food stamp
program or from another low income public assistance program for
which eligibility requirements  { + limit participation to
individuals with income that does + }   { - do - }  not exceed
135 percent of   { - the poverty level. The commission must be
able to verify the individual's continuing participation in the
qualifying program. - }   { + federal poverty guidelines; or
  (B) To be a resident of a long term care facility, as defined
in ORS 442.015, or a residential care facility, as defined in ORS
443.400:
  (i) Who receives medical assistance under ORS chapter 414; and
  (ii) Who has income that does not exceed 135 percent of federal
poverty guidelines.
  (b) The commission must be able to verify the continuing
participation of a low income customer in a program described in
paragraph (a) of this subsection. + }
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