74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 154
LC 388/SB 154-7
SENATE AMENDMENTS TO
SENATE BILL 154
By COMMITTEE ON HEALTH POLICY AND PUBLIC AFFAIRS
May 7
On page 1 of the printed bill, line 2, after '90.110, ' insert
'90.243,'.
In line 5, restore the bracketed material and delete the
boldfaced material.
In line 6, delete 'evading'.
Delete lines 11 through 14 and insert:
' (2) Residence in a Department of Human Services licensed
program, facility or home described in ORS 430.306 to 430.375,
430.380, 430.385, 430.395, 430.397 to 430.401, 430.405 to
430.565, 430.570, 430.590, 443.400 to 443.455 or 443.705 to
443.825.'.
On page 2, after line 3, insert:
' { + SECTION 2. + } ORS 90.243 is amended to read:
' 90.243. (1) A dwelling unit qualifies as drug and alcohol
free housing if:
' (a)(A) For premises consisting of more than eight dwelling
units, the dwelling unit is one of at least eight contiguous
dwelling units on the premises that are designated by the
landlord as drug and alcohol free housing dwelling units and that
are each occupied or held for occupancy by at least one tenant
who is a recovering alcoholic or drug addict and is participating
in a program of recovery; or
' (B) For premises consisting of eight or fewer dwelling units,
the dwelling unit is one of at least four contiguous dwelling
units on the premises that are designated by the landlord as drug
and alcohol free housing dwelling units and that are each
occupied or held for occupancy by at least one tenant who is a
recovering alcoholic or drug addict and is participating in a
program of recovery;
' (b) The landlord is a nonprofit corporation incorporated
pursuant to ORS chapter 65 or a housing authority created
pursuant to ORS 456.055 to 456.235;
' (c) The landlord provides for the designated drug and alcohol
free housing dwelling units:
' (A) A drug and alcohol free environment, covering all
tenants, employees, staff, agents of the landlord and guests;
' (B) Monitoring of the tenants for compliance with the
requirements described in paragraph (d) of this subsection;
' (C) Individual and group support for recovery; and
' (D) Access to a specified program of recovery; and
' (d) The rental agreement for the designated drug and alcohol
free housing dwelling unit is in writing and includes the
following provisions:
' (A) That the dwelling unit is designated by the landlord as a
drug and alcohol free housing dwelling unit;
' (B) That the tenant may not use, possess or share alcohol,
illegal drugs, controlled substances or prescription drugs
without a medical prescription, either on or off the premises;
' (C) That the tenant may not allow the tenant's guests to use,
possess or share alcohol, illegal drugs, controlled substances or
prescription drugs without a medical prescription, on the
premises;
' (D) That the tenant shall participate in a program of
recovery, which specific program is described in the rental
agreement;
' (E) That on at least a quarterly basis the tenant shall
provide written verification from the tenant's program of
recovery that the tenant is participating in the program of
recovery and that the tenant has not used alcohol or illegal
drugs;
' (F) That the landlord has the right to require the tenant to
take a test for drug or alcohol usage promptly and at the
landlord's discretion and expense; and
' (G) That the landlord has the right to terminate the tenant's
tenancy in the drug and alcohol free housing under ORS 90.392,
90.398 or 90.630 for noncompliance with the requirements
described in this paragraph.
' (2) A dwelling unit qualifies as drug and alcohol free
housing despite the premises not having the minimum number of
qualified dwelling units required by subsection (1)(a) of this
section if:
' (a) The premises are occupied but have not previously
qualified as drug and alcohol free housing;
' (b) The landlord designates certain dwelling units on the
premises as drug and alcohol free dwelling units;
' (c) The number of designated drug and alcohol free housing
dwelling units meets the requirement of subsection (1)(a) of this
section;
' (d) When each designated dwelling unit becomes vacant, the
landlord rents that dwelling unit to, or holds that dwelling unit
for occupancy by, at least one tenant who is a recovering
alcoholic or drug addict and is participating in a program of
recovery and the landlord meets the other requirements of
subsection (1) of this section; and
' (e) The dwelling unit is one of the designated drug and
alcohol free housing dwelling units.
' { + (3) A dwelling unit qualifies as drug and alcohol free
housing if located in a self-run group recovery home that has
shared living facilities and meets the description of a group
home under 42 U.S.C. 300x-25. + }
' { - (3) - } { + (4) + } The failure by a tenant to take a
test for drug or alcohol usage as requested by the landlord
pursuant to subsection (1)(d)(F) of this section may be
considered evidence of drug or alcohol use.
' { - (4) - } { + (5) + } As used in this section, 'program
of recovery ' means a verifiable program of counseling and
rehabilitation treatment services, including a written plan, to
assist recovering alcoholics or drug addicts to recover from
their addiction to alcohol or illegal drugs while living in drug
and alcohol free housing. A 'program of recovery' includes
Alcoholics Anonymous, Narcotics Anonymous and similar programs.'.
In line 4, delete '2' and insert '3'.
In line 9, delete '3' and insert '4'.
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