Chapter 28 Oregon Laws 2009

AN ACT

SB 164

Relating to reporting of assets for public assistance purposes; amending ORS 411.650.

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

SECTION 1. ORS 411.650 is amended to read:

          411.650. (1) Every person 18 years of age or over who applies for or receives any type of general assistance or public assistance, as defined in ORS 411.010, whether [such] the general assistance or public assistance is applied for or received for the benefit of the person or of another individual, shall execute to the Department of Human Services at the time of making [such] the application, and at such times as may be required by the department in any case, written statements relating to each individual for whose benefit [such] the general assistance or public assistance is applied for or received, and to any person who has a duty to support [such] the individual, or to whom [such] the individual owes a duty of support. [Such] The statements [shall] must include, but need not be limited to, [so] as much of the following information, relating to each [such] individual or other person, as may be specified or required by the department:

          (a) The name of the individual, address, date and place of birth, residence, family relationships, and the composition of the household in which the individual lives;

          (b) The financial circumstances of the individual and means of and ability for support of the individual and other individuals, including but not limited to information concerning:

          (A) The employment of the individual and the nature and amount of the income of the individual, from whatever source derived;

          (B) The tangible and intangible assets of the individual, property and resources of any nature including, but not limited to, money, real and personal property, rights and expectancies as an heir, devisee, legatee, trustee or cestui que trust, and any rights, benefits, claims or choses in action, whether arising in tort or based upon statute, contract or judgment; and

          [(C) The receipt of the individual, transfer or disposal of any assets, property or resources, referred to in subparagraph (B) of this paragraph, within three years immediately preceding such application and during any period with respect to which such general assistance or public assistance is granted; and]

          [(D)] (C) [Such] Other information as may be required pursuant to state or federal laws applicable to [such] general assistance or public assistance.

          (2) All applications for [such] general assistance or public assistance and all statements referred to in subsection (1) of this section shall be upon forms prescribed and furnished by the department. Each [such] statement shall be subscribed by each individual who executes or joins in the execution of [such] the statement.

          (3) The spouse of any individual who applies for or receives [such] general assistance or public assistance may be required by the department to join in the execution of, or separately to execute, any statement referred to in subsection (1) of this section, under oath or affirmation, except during any period in which it appears to the department that:

          (a) [Such] The individual and the spouse of the individual are estranged and are living apart;

          (b) The spouse is absent from this state or the whereabouts of the spouse is unknown; or

          (c) The spouse is physically or mentally incapable of executing [such] the statement or of providing any information referred to in subsection (1) of this section.

Approved by the Governor March 24, 2009

Filed in the office of Secretary of State March 24, 2009

Effective date January 1, 2010

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