75th OREGON LEGISLATIVE ASSEMBLY--2009 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 992
A-Engrossed
House Bill 2124
Ordered by the House March 5
Including House Amendments dated March 5
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
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.
Updates provisions relating to food stamp program. Changes name
of program to Supplemental Nutrition Assistance Program.
A BILL FOR AN ACT
Relating to nutrition assistance; amending ORS 25.381, 87.156,
410.430, 411.119, 411.703, 411.806, 411.816, 411.818, 411.825,
411.830, 411.837, 411.840, 411.845, 411.878, 411.880, 411.882,
411.886, 411.890, 411.892, 412.151, 458.532, 458.545, 657.273,
657.665 and 813.602 and section 6, chapter 290, Oregon Laws
1987; and repealing ORS 411.835.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 411.806 is amended to read:
411.806. As used in ORS 411.806 to 411.845, unless the context
or a specially applicable statutory definition requires
otherwise:
(1) 'Administrative costs' means, but is not limited to, costs
in connection with:
(a) Distributing { - food stamp benefits - }
{ + supplemental nutrition assistance + } to recipients under
{ - a food stamp plan - } { + the Supplemental Nutrition
Assistance Program + };
(b) The compensation of personnel while employed in carrying
out ORS 411.806 to 411.845; and
(c) Reimbursement of the federal government for any loss
described in ORS 411.830.
{ - (2) 'Food stamp plan' means a plan under which the
federal government makes food stamp benefits available to this
state or its agencies for distribution to individuals and
households certified to be in economic need of and eligible to
receive such food stamp benefits for the purchase of food
commodities from retail food outlets. - }
{ - (3) - } { + (2) + } 'Household' means two or more
related or nonrelated individuals who do not reside in an
institution.
{ - (4) - } { + (3) + } 'Issuing agency' means the
Department of Human Services.
{ - (5) - } { + (4) + } 'Recipient' means an individual or
household determined and certified, pursuant to ORS
{ - 411.811 - } { + 411.816 + } or 411.825, to be eligible to
receive { - food stamp benefits - } { + supplemental nutrition
assistance + } under { - a food stamp plan - } { + the
Supplemental Nutrition Assistance Program + }.
{ + (5) 'Supplemental Nutrition Assistance Program' means a
program under which the federal government makes aid available to
the state or its agencies for distribution through electronic
benefits transfer or by check to individuals and households
certified to be in economic need of and eligible to receive such
aid for the purchase of food from retail food outlets. + }
SECTION 2. ORS 411.816 is amended to read:
411.816. The Department of Human Services shall adopt rules
conforming to federal laws and regulations required to be
observed in maintaining the eligibility of this state to receive
from the federal government, and to issue { - food stamp
benefits under a food stamp plan - } { + supplemental nutrition
assistance under the Supplemental Nutrition Assistance
Program + }. Rules adopted by the department pursuant to this
section shall relate to and include, but shall not be limited to:
(1) The classifications of and requirements of eligibility for
individuals and households to receive { - food stamp benefits
under such plans - } { + supplemental nutrition assistance
under the program + }. The limitations upon the income and
resources of individuals and households established as
requirements of eligibility under this section shall not exceed
the maximum limitations on income and resources allowable under
federal laws, rules and regulations;
(2) The periods during which individuals and households shall
be certified or recertified to be eligible to receive { - food
stamp benefits under such plans - } { + supplemental nutrition
assistance + } { + under the program + };
(3) The amount of { - food stamp benefits - } { +
supplemental nutrition assistance + } to be issued or allotted to
recipients, with respect to any period, under { - a food stamp
plan - } { + the program + };
(4) Periodic redetermination and review of the eligibility of
recipients to receive { - food stamp benefits issued under such
plans - } { + supplemental nutrition assistance under the
program + };
(5) Cancellation of certifications issued for, and adjustment
of the numbers of individuals in any household eligible to
receive
{ - food stamp benefits - } { + supplemental nutrition
assistance + } issued to recipients under { - such plans - }
{ + the program + } for any period in accordance with changes
of circumstances in individual cases; and
(6) Procedures to review, on the basis of substantial hardship,
request for such adjustments.
SECTION 3. ORS 411.818 is amended to read:
411.818. (1) The Department of Human Services shall seek
approval from the United States Department of Agriculture under 7
U.S.C. 2026 to disregard the amount of the annual cost-of-living
adjustment for Social Security benefits and for Supplemental
Security Income benefits in determining eligibility for
{ - food stamp benefits - } { + supplemental nutrition
assistance + }.
(2) Upon receipt of federal approval to disregard the
cost-of-living adjustment for Social Security benefits or
Supplemental Security Income benefits and approval of federal
funding, the department shall immediately adopt temporary rules
consistent with the federal approval.
(3) The Department of Human Services shall annually renew an
application approved by the United States Department of
Agriculture under subsections (1) and (2) of this section.
SECTION 4. ORS 411.825 is amended to read:
411.825. (1) The Department of Human Services shall determine
and certify { - to - } the eligibility of all individuals and
households to receive { - food stamp benefits under a food
stamp plan - } { + supplemental nutrition assistance under the
Supplemental Nutrition Assistance Program + }.
(2) The department shall:
(a) Issue to recipients { - food stamp benefits - } { +
supplemental nutrition assistance + } made available from the
federal government under { - such plan - } { + the
program + }; and
(b) Account to the federal government for all such { - food
stamp benefits - } { + supplemental nutrition assistance + }.
(3) In order to carry out the provisions of ORS 411.806 to
411.845, the department is authorized to contract with any
governmental agencies or private agencies for distribution of
{ - food stamp benefits - } { + supplemental nutrition
assistance + }.
SECTION 5. ORS 411.830 is amended to read:
411.830. (1) Any loss for which this state or its agencies may
be liable to reimburse the federal government, in accordance with
federal laws or regulations applicable to { - food stamp
plans - } { + the Supplemental Nutrition Assistance
Program + }, shall be paid from funds appropriated to the
Department of Human Services for the purposes of ORS 411.806 to
411.845.
(2) Subsection (1) of this section shall not relieve any person
of any civil or criminal liability to this state.
SECTION 6. ORS 411.837 is amended to read:
411.837. Counties, state institutions and agencies, issuing
agencies, retail food outlets, wholesale food concerns, banks and
all persons who participate in or administer any part of { - a
food stamp plan - } { + the Supplemental Nutrition Assistance
Program + } shall comply with all state and federal laws, rules
and regulations applicable to such plans.
SECTION 7. ORS 411.840 is amended to read:
411.840. (1) { - No person shall - } { + A person may
not + } knowingly obtain or attempt to obtain, or aid or abet
another person in obtaining or attempting to obtain, { - any
food stamp benefit under a food stamp plan - } { + any
supplemental nutrition assistance + }to which the person or such
other person is not entitled to receive or use under ORS 411.806
to 411.845, or under any rule or regulation promulgated pursuant
to ORS 411.806 to 411.845.
(2) { - No person shall - } { + A person may not + }
knowingly give, sell, trade or otherwise dispose of { +
supplemental nutrition assistance + } to another person { + who
is + }not entitled to receive or use the { - same - } { +
assistance + } pursuant to ORS 411.806 to 411.845, or pursuant to
any rule or regulation promulgated pursuant to ORS 411.806 to
411.845 { - : - } { + . + }
{ - (a) Any food stamp benefit received under a food stamp
plan; or - }
{ - (b) Any food commodity received wholly or partially in
exchange for a food stamp benefit received under a food stamp
plan. - }
SECTION 8. ORS 411.845 is amended to read:
411.845. (1) If any person obtains, gives, sells, trades or
otherwise disposes of any { - food stamp benefit - }
{ + supplemental nutrition assistance + } in violation of ORS
411.840, the district attorney shall prosecute, for and in the
name of the State of Oregon, a civil action or suit to recover
from such person { - : - }
{ - (a) The food stamp benefit so obtained by such person;
or - }
{ - (b) - } the { - value of the food stamp benefit so - }
{ + amount of the supplemental nutrition assistance + }
obtained, given, sold, traded or otherwise disposed of by such
person.
(2) In any suit or action prosecuted under subsection (1) of
this section, the state is entitled to recover interest and its
costs and disbursements incurred in such suit or action.
(3) { - Food stamp benefits and - } Moneys recovered by the
state under this section shall be accounted for or paid to the
federal and state governments, as their respective interests
therein may appear.
SECTION 9. ORS 411.878 is amended to read:
411.878. (1) In establishing and implementing a program to be
known as the JOBS Plus Program, the Legislative Assembly
recognizes that early attachment to work and development of
knowledge and skills are the most effective means of helping
people make the transition from dependence on public assistance
and subsiding in poverty to regular employment and self-reliance.
It is the intent of the Legislative Assembly to promote greater
economic self-sufficiency among Oregon families and workers by:
(a) Increasing the employability of unemployed and
underemployed Oregonians through on-the-job training;
(b) Invigorating the public-private workforce partnership
through development of jobs with both private for-profit and
public employers;
(c) Ensuring that program participants through their employment
development plans have opportunities to improve work skills,
education and employability and to establish recent work
histories with work site training, mentoring, individual
education accounts and provision of necessary support service
benefits that include child care, workers' compensation, job
placement and a guarantee that participation in the JOBS Plus
Program does not result in a reduction in net income to a
participant when compared with the participant's combined income
from the temporary assistance for needy families program, the
{ - food stamp - } { + Supplemental Nutrition Assistance + }
Program and the unemployment insurance program; and
(d) Expeditiously placing program participants in subsidized
and unsubsidized employment.
(2) The JOBS Plus Program is created as a program in which
residents of the State of Oregon shall, in lieu of receiving
{ - food stamp - } benefits { + in the Supplemental Nutrition
Assistance Program + } and payments from the temporary assistance
for needy families program, be provided jobs and paid in a way
that promotes self-sufficiency and encourages unemployed
Oregonians to improve their positions in the workforce.
Recipients of unemployment insurance also shall be offered
employment under the program. The JOBS Plus Program shall be a
public assistance to work strategy for the State of Oregon and
operate under the job opportunities and basic skills program and
rules adopted thereunder to the extent such rules are not
inconsistent with ORS 316.680, 411.877 to 411.896 and 657.925.
These rules include but are not limited to rules regarding
participation requirements, exemptions and support services.
SECTION 10. ORS 411.880 is amended to read:
411.880. The Governor and the Department of Human Services
shall work diligently to obtain all exemptions and waivers from
and amendments to federal statutes, rules and regulations
necessary to implement the JOBS Plus Program at the earliest
possible date, including but not limited to exemptions under
section 1115 (42 U.S.C. 1315) of the Social Security Act and
section 17 (7 U.S.C. 2026) of the Food { - Stamp - } { + and
Nutrition + } Act.
SECTION 11. ORS 411.882 is amended to read:
411.882. In administering the JOBS Plus Program and to the
extent permitted by federal law, the Department of Human Services
shall maximize the use of federal grants and apportionments of
the temporary assistance for needy families program, the
{ - food stamp - } { + Supplemental Nutrition Assistance + }
Program and employment related child care.
SECTION 12. ORS 411.886 is amended to read:
411.886. (1) The JOBS Plus Advisory Board is established. The
board shall advise the Department of Human Services and the
Employment Department in the direction and administration of the
JOBS Plus Program established under ORS 316.680, 411.877 to
411.896 and 657.925. The board shall have seven members,
consisting of six representatives of the business community and
one employed former recipient of temporary assistance for needy
families, the { - food stamp - } { + Supplemental Nutrition
Assistance + } Program or the unemployment insurance program.
(2) The Governor shall appoint new members from nominees
recommended by the board.
(3) Members appointed to the board shall serve terms of three
years.
SECTION 13. ORS 411.890 is amended to read:
411.890. A JOBS Plus Implementation Council shall be
established in service areas to be determined by the Director of
Human Services to assist the JOBS Plus Advisory Board, the
Department of Human Services and the Employment Department in the
administration of the JOBS Plus Program and to allow local
flexibility in dealing with the particular needs of each county.
Each council shall be primarily responsible for recruiting and
encouraging participation of employment providers in the county.
Each council shall be composed of seven members who shall be
appointed by the county commissioners in each county in the
district. Council members shall be residents of the district in
which they are appointed and shall serve four-year terms. Six
members of the council shall be from the local business
community. At least one member shall be a current or former
recipient of the temporary assistance for needy families program,
the { - food stamp - } { + Supplemental Nutrition
Assistance + } Program or the unemployment insurance program.
SECTION 14. ORS 411.892 is amended to read:
411.892. (1)(a) All employers, including public and private
sector employers within the State of Oregon, are eligible to
participate in the JOBS Plus Program. The Department of Human
Services or Employment Department, as appropriate, shall adopt by
rule a method to disqualify employers from participating in the
program. No employer is required to participate in the JOBS Plus
Program. In the event that there are unassigned participants whom
no employer desires to utilize, the participants may be assigned
to work for a public agency.
(b) The maximum number of program participants that any
employer is authorized to receive at any one time may not exceed
10 percent of the total number of the employer's employees.
However, each employer may receive one participant. The Director
of Human Services or Director of the Employment Department, as
appropriate, may waive the limit in special circumstances.
(c) The Department of Human Services or Employment Department,
as appropriate, by rule shall establish criteria for excluding
employers from participation for failure to abide by program
requirements, showing a pattern of terminating participants prior
to the completion of training or other demonstrated unwillingness
to comply with the stated intent of the program.
(2) The Department of Human Services or Employment Department,
as appropriate, shall ensure that jobs made available to program
participants:
(a) Do not require work in excess of 40 hours per week;
(b) Are in conformity with section 3304(a)(5) of the Federal
Unemployment Tax Act;
(c) Are not used to displace regular employees or to fill
unfilled positions previously established; and
(d) Do not pay a wage that is substantially less than the wage
paid for similar jobs in the local economy with appropriate
adjustments for experience and training.
(3)(a) Eligibility for the program shall be limited to
residents who are:
(A) Adults and caretaker relatives who are receiving temporary
assistance for needy families benefits;
(B) Adult { - food stamp - } { + Supplemental Nutrition
Assistance + } Program recipients except as described in
subsection (5)(b) of this section;
(C) Unemployment compensation recipients; and
(D) Unemployed noncaretaker parents of children who are
receiving temporary assistance for needy families benefits.
(b) In addition to those residents eligible for the program
under paragraph (a) of this subsection, additional residents who
are seeking employment may be eligible for the program if there
are legislatively allocated funds available from the savings
attributable to the program in the Unemployment Compensation
Trust Fund or in the temporary assistance for needy families
budget of the Department of Human Services.
(4)(a) Individuals desiring work through the program shall
contact the nearest Department of Human Services office serving
the county in which they reside if they are temporary assistance
for needy families program or { - food stamp - } { +
Supplemental Nutrition Assistance + } Program applicants or
recipients or noncustodial parents of individuals receiving
temporary assistance for needy families. Unemployment insurance
applicants or recipients or others seeking employment may gain
access to the program through their local Employment Department
office.
(b) With the assistance of the local JOBS Plus Implementation
Councils and the JOBS Plus Advisory Board, the Department of
Human Services shall develop a job inventory of sufficient size
to accommodate all of the participants who desire to work in the
program. In consultation with the participant, the department
shall try to match the profile of each participant with the needs
of an employer when assigning a participant to work with the
employer.
(c) Either the employer or the participant may terminate the
assignment by contacting the appropriate Department of Human
Services or Employment Department office. In such event, the
Department of Human Services or Employment Department shall
reassess the needs of the participant and assign the participant
to another JOBS Plus Program placement or another job opportunity
and basic skills program component and, at the employer's
request, provide the employer with another participant.
(d)(A) Subject to ORS 657.925 (6)(d), if after four months in a
placement, a participant has not been hired for an unsubsidized
position, the employer shall allow the worker to undertake eight
hours of job search per week. Participating employers shall
consider such time as hours worked for the purposes of paying
wages.
(B) Subject to ORS 657.925 (6)(d), if after six months in a
placement, a participant has not been hired for an unsubsidized
position, the placement shall be terminated, and the caseworker
shall reassess the participant's employment development plan.
(e) The Department of Human Services may pay placement and
barrier removal payments to temporary assistance for needy
families and { - food stamp - } { + Supplemental Nutrition
Assistance + } Program participants as necessary to enable
participation in the JOBS Plus Program.
(f) The Department of Human Services shall accept eligible
volunteers into the program prior to mandating program
participation by eligible persons.
(5)(a) Assignment of participants to available jobs shall be
based on a preference schedule developed by the Department of
Human Services and the Employment Department. Any temporary
assistance for needy families recipient or { - food stamp - }
{ + supplemental nutrition assistance + } recipient may
volunteer for the program.
(b) The following individuals may not be required to
participate in the program:
(A) Temporary assistance for needy families and { - food
stamp - } { + supplemental nutrition assistance + } recipients
who are eligible for Supplemental Security Income benefits or
other ongoing state or federal maintenance benefits based on age
or disability.
(B) { - Food stamp - } { + Supplemental nutrition
assistance + } applicants or recipients who are employed
full-time or are college students eligible for { - food
stamps - } { + supplemental nutrition assistance + } and
enrolled full-time in a community college or an institution of
higher education, or enrolled half-time in a community college or
an institution of higher education and working at least 20 hours
per week.
(C) Teenage parents who remain in high school if progressing
toward a diploma. Teenage parents not in school are eligible for
the JOBS Plus Program.
(c) The Department of Human Services shall provide life skills
classes and opportunities to achieve General Educational
Development (GED) certificates to appropriate participants in
conjunction with working in the JOBS Plus Program.
(d) Temporary assistance for needy families and { - food
stamp - } { + supplemental nutrition assistance + } benefits
shall be suspended at the end of the calendar month in which an
employer makes the first wage payment to a participant who is a
custodial parent in a family that receives temporary assistance
for needy families or to any adult member of a household
receiving { - food stamp benefits - } { + supplemental
nutrition assistance + }. Failure of the participant to cooperate
with the requirements of the JOBS Plus Program may result in the
participant's removal, in accordance with rules adopted by the
Department of Human Services, from the JOBS Plus Program and
suspension of the participant's temporary assistance for needy
families grant and { - food stamp benefits - } { +
supplemental nutrition assistance + }. A temporary assistance for
needy families and { - food stamp benefits - } { +
supplemental nutrition assistance + } recipient who has been
removed from the program for failing to cooperate shall be
eligible to reapply to participate in the program and shall have
eligibility for program services determined without regard to the
length of time the person was not participating following
removal.
(6)(a) Employers shall pay all participating individuals at
least the hourly rate of the Oregon minimum wage.
(b) Sick leave, holiday and vacation absences shall conform to
the individual employer's rules for temporary employees.
(c) Group health insurance benefits shall be provided by the
employer to program participants if, and to the extent that,
state or federal law requires the employer to provide such
benefits.
(d) All persons participating in the JOBS Plus Program shall be
considered to be temporary employees of the individual employer
providing the work and shall be entitled only to benefits
required by state or federal law.
(e) Employers shall provide workers' compensation coverage for
each JOBS Plus Program participant.
(7) In the event that the net monthly full-time wage paid to a
participant would be less than the level of income from the
temporary assistance for needy families program and the
{ - food stamp benefit - } { + supplemental nutrition
assistance + } amount equivalent that the participant would
otherwise receive, the Department of Human Services shall
determine and pay a supplemental payment as necessary to provide
the participant with that level of net income. The department
shall determine and pay in advance supplemental payments to
participants on a monthly basis as necessary to ensure equivalent
net program wages. Participants shall be compensated only for
time worked.
(8) In addition to and not in lieu of the payments provided for
under subsections (6) and (7) of this section, participants shall
be entitled to retain the full child support payments collected
by the Department of Justice.
(9) Program participants who are eligible for federally and
state funded medical assistance at the time they enter the
program shall remain eligible as long as they continue to
participate in the program. In conformity with existing state day
care program regulations, child day care shall be provided for
all program participants who require it.
(10) JOBS Plus Program employers shall:
(a) Endeavor to make JOBS Plus Program placements positive
learning and training experiences;
(b) Maintain health, safety and working conditions at or above
levels generally acceptable in the industry and no less than that
of comparable jobs of the employer;
(c) Provide on-the-job training to the degree necessary for the
participants to perform their duties;
(d) Recruit volunteer mentors from among their regular
employees to assist the participants in becoming oriented to work
and the workplace; and
(e) Sign an agreement to abide by all requirements of the
program, including the requirement that the program not supplant
existing jobs. All agreements shall include provisions noting the
employer's responsibility to repay reimbursements in the event
the employer violates program rules. When a professional
placement service, professional employment organization or
temporary employment agency is acting as an employer pursuant to
subsection (14) of this section, agreements under this paragraph
shall require a three-party agreement between the professional
placement service, professional employment organization or
temporary employment agency, the organization where the
participant has been placed to perform services and the State of
Oregon. The three-party agreement shall include provisions
requiring that all JOBS Plus reimbursements received by the
professional placement service, professional employment
organization or temporary employment agency be credited to the
organization where the participant has been placed to perform
services.
(11) Program participant wages shall be subject to federal and
state income taxes, Social Security taxes and unemployment
insurance tax or reimbursement as applicable under ORS chapter
657, which shall be withheld and paid in accordance with state
and federal law. Supplemental payments made pursuant to
subsection (7) of this section shall not be subject to state
income taxes under ORS chapter 316 and, to the extent allowed by
federal law, shall not be subject to federal income taxes and
Social Security taxes.
(12)(a)(A) The Department of Human Services shall reimburse
employers for the employers' share of Social Security,
unemployment insurance and workers' compensation premiums paid on
behalf of program participants, other than those who are
unemployment insurance claimants, referred to the employer by the
Department of Human Services, as well as the minimum wage
earnings paid by the employer to program participants referred to
the employer by the Department of Human Services.
(B) The Employment Department shall reimburse employers $5 per
hour paid by the employer as earnings to JOBS Plus Program
participants, who are unemployment insurance claimants and are
referred to the employer by the Employment Department.
(b) If the Department of Human Services or Employment
Department finds that an employer has violated any of the rules
of the JOBS Plus Program, the appropriate department:
(A) Shall withhold any amounts due to employers under paragraph
(a) of this subsection.
(B) May seek repayment of any amounts paid to employers under
paragraph (a) of this subsection.
(13) Subject to ORS 657.925 (6)(d), for unemployment insurance
claimants participating in the JOBS Plus Program:
(a) If after nine weeks in a placement, a participant has not
been hired for an unsubsidized position, the employer shall allow
the worker to undertake up to five hours of job search per week.
Participating employers shall consider this time as hours worked
for the purposes of paying wages.
(b) If after 13 weeks in a placement, a participant has not
been hired for an unsubsidized position, the employer shall
terminate the placement and the Employment Department shall
assess the participant's employment development plan.
(14) For purposes of this section, 'employer' shall include
professional placement services, professional employment
organizations and temporary employment agencies.
SECTION 15. ORS 25.381 is amended to read:
25.381. (1) Whenever services are being provided under ORS
25.080, support rights are not and have not at any time during
the past five months been assigned to this or another state, and
no arrearages under a support order are so assigned, the
administrator shall provide, upon request of an obligor or
obligee, services sufficient to permit establishment of income
withholding under ORS 25.378, including services necessary to
establish a support payment record under ORS 25.164 and 25.167.
(2) Regardless of whether services are being provided under ORS
25.080, the administrator shall provide, upon request of an
obligor or obligee, services sufficient to permit establishment
of income withholding under ORS 25.378:
(a) For the payment of child support without the necessity of
an application for support enforcement services under Title IV-D
of the Social Security Act (42 U.S.C. 651 et seq.); and
(b) For the payment of spousal support if the obligee is
receiving { - food stamps - } { + supplemental nutrition
assistance + } or any other form of public assistance, as defined
in ORS 411.010, from the Department of Human Services.
SECTION 16. ORS 87.156 is amended to read:
87.156. (1) Except as provided in subsection (2) of this
section, the keeper of an inn, hotel or motel has a lien on the
chattels brought into the inn, hotel or motel belonging to or
under the control of a guest or boarder for the reasonable or
agreed charges due the keeper from the guest or boarder for
accommodation, board and lodging, services, money, labor and
materials furnished at the request of the guest or boarder by the
keeper. The keeper may retain possession of the chattels until
those charges are paid.
(2)(a) The keeper may not retain prescription or
nonprescription medications, medical equipment or apparatus, food
{ - or food stamps - } or children's clothing or accessories
after the guest or boarder requests return of the property.
(b) If the keeper retains property in violation of this
subsection, the keeper waives any claim to unpaid charges against
the guest or boarder.
(c) In any action brought by the guest or boarder to compel the
return of the property or to recover damages based on its
retention, the prevailing party may recover attorney fees.
SECTION 17. ORS 410.430 is amended to read:
410.430. (1) In order to qualify for services from an
authorized agency or service provider, each client or recipient
must:
(a) Be 60 years old or older or have been diagnosed as having
Alzheimer's disease or a related disorder;
(b) Not be receiving financial assistance from the Department
of Human Services, except { - food stamp benefits - } { +
supplemental nutrition assistance + } and limited Medicare
reimbursement benefits administered by the department; and
(c) Be assessed to be at the risk of entering an institution.
(2) Eligibility determination shall be required before any
client may receive services from an authorized agency or service
provider.
SECTION 18. ORS 411.119 is amended to read:
411.119. (1) Except as provided in subsection (2) of this
section, a person who is otherwise eligible to receive public
assistance, including { - food stamp benefits - } { +
supplemental nutrition assistance + }, may not be denied
assistance because the person has been convicted of a
drug-related felony.
(2) The Department of Human Services may suspend a person's
{ - food stamp benefits - } { + supplemental nutrition
assistance + } if:
(a) The person has been convicted of the manufacture or
delivery of a controlled substance under ORS 475.840 (1)(a) to
(c); and
(b) The person is on probation, parole or post-prison
supervision and the agency supervising the person makes a
recommendation to the department, pursuant to subsection (3) of
this section, that the department suspend the person's { - food
stamp benefits - } { + supplemental nutrition assistance + }.
(3) When making a recommendation to the department regarding
the continuation or suspension of a person's { - food stamp
benefits - } { + supplemental nutrition assistance + }, a
supervising authority shall consider, at a minimum, whether there
is reason to believe:
(a) That the person traded the person's { - food stamp
benefits - } { + supplemental nutrition assistance + } for
controlled substances; and
(b) That, as a result of the trading, a member of the person's
household who is a dependent of the person did not receive the
{ - food stamp benefits - } { + supplemental nutrition
assistance + } for which the member is eligible.
(4) The department shall reinstate the { - food stamp
benefits - } { + supplemental nutrition assistance + } of a
person whose benefits were suspended under subsection (2) of this
section if the department receives a recommendation from the
supervising authority to reinstate the benefits pursuant to
subsection (5) of this section.
(5) When making a recommendation to the department regarding
the reinstatement of { - food stamp benefits - } { +
supplemental nutrition assistance + }, the supervising authority
shall consider, at a minimum, the following:
(a) Whether members of the person's household are also
receiving { - food stamp benefits - } { + supplemental
nutrition assistance + }; and
(b) Whether the person is enrolled in and successfully
participating in a rehabilitation program.
SECTION 19. ORS 411.703 is amended to read:
411.703. (1) If an overpayment of public assistance, including
{ - food stamp benefits - } { + supplemental nutrition
assistance + }, is not repaid within 30 days of the payment due
date, after an individual has been afforded an opportunity for a
contested case hearing under ORS chapter 183 relating to the
overpayment of public assistance, including { - food stamp
benefits - } { + supplemental nutrition assistance + } issued
under ORS 411.806 to 411.845, the Department of Human Services
may:
(a) Issue a warrant that meets the requirements of ORS 205.125
for the overpayment; and
(b) Present a warrant issued under this section for recordation
in the County Clerk Lien Record of the county clerk of any county
in the state.
(2) The warrant must include the principal amount of the
overpayment, interest accumulated pursuant to ORS 82.010 or other
applicable law, costs associated with recording, indexing and
serving the warrant and costs associated with an instrument
evidencing satisfaction or release of the warrant.
(3) The department shall mail a copy of the warrant to the
debtor at the last known address of the debtor.
(4) Upon receipt of the warrant for recordation, the county
clerk shall record the warrant in the manner provided in ORS
205.125.
(5) Upon issuance of the warrant, the department may issue a
notice of garnishment in accordance with ORS 18.854.
(6) Upon recording, the warrant:
(a) Has the effect described in ORS 205.125 and 205.126; and
(b) May be enforced as provided in ORS 18.854 and 205.126.
SECTION 20. ORS 412.151 is amended to read:
412.151. (1) The Department of Human Services shall provide
direct deposit services for any person receiving temporary
assistance for needy families who has an appropriate account at a
qualified financial institution.
(2) The department shall negotiate with electronic transfer
processors to establish a system for providing temporary
assistance for needy families { + and supplemental nutrition
assistance + } to eligible individuals through an electronic { +
benefits + } transfer system. { - To the extent practicable,
the department shall include food stamp assistance received under
ORS 411.806 to 411.845 in any electronic debit card system
established under this section. - }
(3) The department shall seek all state and federal approvals
necessary for implementation of an electronic { + benefits + }
transfer system as described in subsection (2) of this section.
The department shall establish a statewide electronic
{ + benefits + } transfer system within six months of receiving
all necessary approvals.
SECTION 21. ORS 458.532 is amended to read:
458.532. (1) The Hunger Relief Task Force is established in the
Housing and Community Services Department. The task force shall
consist of not more than 28 members appointed as follows:
(a) The President of the Senate shall appoint one member from
among members of the Senate.
(b) The Senate Minority Leader shall appoint one member from
among members of the Senate.
(c) The Speaker of the House of Representatives shall appoint
one member from among members of the House of Representatives.
(d) The House Minority Leader shall appoint one member from
among members of the House of Representatives.
(e) The Director of the Housing and Community Services
Department, with the advice of the Director of Human Services,
shall appoint the following:
(A) One member representing the Department of Education who has
experience in child nutrition programs.
(B) One member representing the Department of Human Services
who has experience in { - food stamp programs - } { + the
Supplemental Nutrition Assistance Program + }.
(C) One member representing the Department of Human Services
who has experience in the Women, Infants and Children program.
(D) One member representing the State Department of
Agriculture.
(E) One member representing the Oregon Food Bank.
(F) One member representing United Way of America or a
successor organization.
(G) One member representing an Oregon low-income advocacy
group.
(H) One member who is a student at an institution of higher
education.
(I) One member representing the Community Action Directors of
Oregon.
(J) One member representing the food retailing industry.
(K) One member representing the food growing and processing
industries.
(L) One member who is a direct service provider.
(M) One member representing county government.
(N) One member representing the migrant community.
(O) Three members representing the religious community.
(P) One member representing the Housing and Community Services
Department.
(Q) No more than six additional members having qualifications
other than those of members described in subparagraphs (A) to (P)
of this paragraph.
(2) A member serves for a three-year term. A member may be
reappointed.
(3) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective for the unexpired term. The appointing authority may
appoint a replacement for any member of the task force who misses
more than two consecutive meetings of the task force.
(4) One-half of the task force membership constitutes a quorum
for the transaction of business.
(5) The Director of the Housing and Community Services
Department shall provide the task force with staff support the
director deems appropriate, by using Housing and Community
Services Department employees or by contract. The director shall
also provide for the payment of appropriate task force operating
expenses.
SECTION 22. ORS 458.545 is amended to read:
458.545. The Hunger Relief Task Force shall:
(1) Serve within government and in the state at large as an
advocate for hungry persons.
(2) Participate in coordinating the effective and efficient
provision of services to hungry citizens so that the services
will be readily available to the greatest number over the widest
geographic area; assure that information on these services is
available in each locality, utilizing whenever possible existing
information services; and assure that each new service receives
maximum publicity at the time it is initiated.
(3) Have authority to study programs and budgets of those
public bodies or private entities willing to cooperate, and all
state agencies, that provide services or funding directed at the
alleviation or eradication of hunger.
(4) Have authority to study any concepts regarding the
alleviation or eradication of hunger within this state.
(5) Make any recommendations or proposals the task force deems
appropriate to the Interagency Council on Hunger and
Homelessness, the Governor, the Legislative Assembly or others.
Such recommendations shall be designed to provide coordination of
programs for hungry persons, to avoid unnecessary duplication in
provision of services, to point out gaps in provision of services
and to recommend ways of filling gaps in services. The task force
also shall recommend development of a comprehensive plan for
delivery of services to hungry persons. In carrying out these
tasks, the task force shall coordinate its efforts with other
advisory groups or entities with similar or related
responsibilities to avoid duplication of effort.
(6) Encourage, by expansion of existing activities and programs
for the hungry, by school programs, by meals-on-wheels, by
counseling or by other means, public and private development of
nutrition programs for hungry citizens that prevent or minimize
hunger and illness which is related to hunger or nutritional
deficiencies.
(7) Conduct research and other appropriate activities to
determine:
(a) The dimensions of hunger in the state;
(b) The availability and accessibility of emergency food in all
areas of the state;
(c) The opportunities for public and private partnerships in
the areas of food and nutrition;
(d) The participation rates of eligible persons in all federal
food programs, especially { - food stamps - } { + the
Supplemental Nutrition Assistance Program + };
(e) The identification of persons needing food and nutrition
services who are not eligible under existing programs;
(f) Barriers to the participation of eligible persons in food
and nutrition programs; and
(g) The impact of economic changes on food and nutrition
programs.
(8) Prepare and disseminate an annual report on the status of
hunger in the state, efforts being made to alleviate and
eradicate hunger, and proposals and recommendations for
strengthening progress toward the eradication of hunger.
SECTION 23. ORS 657.273 is amended to read:
657.273. Notwithstanding ORS 43.130 and 43.160, the decisions,
findings, conclusions, final orders and judgments that arise out
of hearings under ORS 657.270, review proceedings under ORS
657.275 and judicial review proceedings under ORS 657.282:
(1) May not be used for the purpose of claim preclusion or
issue preclusion in any other action or proceeding except an
administrative or civil action or proceeding under this chapter;
and
(2) Are not admissible as evidence in any other civil action or
proceeding other than civil actions or proceedings under this
chapter or in determination of eligibility for public assistance
or { - food stamp benefits - } { + supplemental nutrition
assistance + } under ORS 412.001 to 412.161 { - and 412.991 - }
and ORS { - chapters 411 and 418 - } { + chapter 411 + }.
SECTION 24. ORS 657.665 is amended to read:
657.665. (1) Except as provided in subsections (2) to (4) of
this section, all information in the records of the Employment
Department pertaining to the administration of the unemployment
insurance, employment service and labor market information
programs:
(a) Is confidential and for the exclusive use and information
of the Director of the Employment Department in administering the
unemployment insurance, employment service and labor market
information programs in Oregon.
(b) May not be used in any court action or in any proceeding
pending in the court unless the director or the state is a party
to the action or proceeding or unless the proceeding concerns the
establishment, enforcement or modification of a support
obligation and support services are being provided by the
Division of Child Support or the district attorney pursuant to
ORS 25.080.
(c) Is exempt from disclosure under ORS 192.410 to 192.505.
(2) The Employment Department shall disclose information:
(a) To any claimant or legal representative, at a hearing
before an administrative law judge, to the extent necessary for
the proper presentation of an unemployment insurance claim.
(b) Upon request to the United States Secretary of Labor. The
Employment Department shall disclose the information in a form
and containing the information that the United States Secretary
of Labor may require. The information disclosed is confidential
and may not be used for any other purpose.
(c) Pursuant to section 303(a)(7) of the Social Security Act,
upon request to any agency of the United States charged with the
administration of public works or assistance through public
employment. Under this paragraph, the Employment Department shall
disclose the name, address, ordinary occupation and employment
status of each recipient of unemployment insurance benefits and a
statement of the recipient's right to further benefits under this
chapter. The information disclosed is confidential and may not be
used for any other purpose.
(d) Pursuant to section 303(c)(1) of the Social Security Act,
to the Railroad Retirement Board. Under this paragraph, the
Employment Department shall disclose unemployment insurance
records. The information disclosed is confidential and may not be
used for any other purpose. The costs of disclosing information
under this paragraph shall be paid by the board.
(e) Pursuant to section 303(d) of the Social Security Act, upon
request to officers and employees of the United States Department
of Agriculture and to officers or employees of any state
{ - food stamp - } { + Supplemental Nutrition Assistance
Program + } agency for the purpose of determining an individual's
eligibility for or the amount of { - food stamps - } { +
supplemental nutrition assistance + }. The information disclosed
is confidential and may not be used for any other purpose. The
costs of disclosing information under this paragraph shall be
paid by the United States Department of Agriculture.
(f) Pursuant to section 303(e)(1) and (2)(A)(ii) of the Social
Security Act, to state or local child support enforcement
agencies enforcing child support obligations under Title IV-D of
the Social Security Act for the purposes of establishing child
support obligations, locating individuals owing child support
obligations and collecting child support obligations from those
individuals. The information disclosed is confidential and may
not be used for any other purpose. The costs of disclosing
information under this paragraph shall be paid by the child
support enforcement agency.
(g) Pursuant to sections 303(f) and 1137 of the Social Security
Act, to agencies participating in the income and eligibility
verification system for the purpose of verifying an individual's
eligibility for benefits, or the amount of benefits, under
unemployment insurance, Temporary Assistance for Needy Families,
Medicaid, { - food stamps - } { + the Supplemental Nutrition
Assistance Program + }, Supplemental Security Income, child
support enforcement or Social Security programs. The information
disclosed is confidential and may not be used for any other
purpose. The costs of disclosing information under this paragraph
shall be paid by the requesting agency.
(h) Pursuant to section 303(h) of the Social Security Act and
section 3304(a)(16)(B) of the Federal Unemployment Tax Act, to
the United States Department of Health and Human Services
National Directory of New Hires. The information disclosed is
confidential and may not be used for any other purpose. The costs
of disclosing information under this paragraph shall be paid by
the United States Department of Health and Human Services.
(i) Pursuant to section 303(i) of the Social Security Act, to
officers and employees of the United States Department of Housing
and Urban Development and to representatives of a public housing
agency for the purpose of determining an individual's eligibility
for benefits, or the amount of benefits, under a housing
assistance program of the United States Department of Housing and
Urban Development. The information disclosed is confidential and
may not be used for any other purpose. The costs of disclosing
information under this paragraph shall be paid by the United
States Department of Housing and Urban Development or the public
housing agency.
(j) Pursuant to regulations of the United States Secretary of
Health and Human Services issued under section 3304(a)(16)(A) of
the Federal Unemployment Tax Act, and except as required by
section 303 of the Social Security Act, to the state, a political
subdivision or a federally recognized Indian tribe that has
signed an agreement with the Department of Human Services to
administer Part A of Title IV of the Social Security Act for the
purpose of determining an individual's eligibility for
assistance, or the amount of assistance, under a program funded
under Part A of Title IV of the Social Security Act. The
information disclosed is confidential and may not be used for any
other purpose.
(k) Upon request, to the United States Attorney's Office.
Under this paragraph, the Employment Department may disclose an
individual's employment and wage information in response to a
federal grand jury subpoena or for the purpose of collecting
civil and criminal judgments, including restitution and special
assessment fees. The information disclosed is confidential and
may not be used for any other purpose. The costs of disclosing
information under this paragraph shall be paid by the United
States Attorney's Office.
(3) The Employment Department may disclose information secured
from employing units:
(a) To agencies of this state, federal agencies and local
government agencies to the extent necessary to properly carry out
governmental planning, performance measurement, program analysis,
socioeconomic analysis and policy analysis functions performed
under applicable law. The information disclosed is confidential
and may not be disclosed by the agencies in any manner that would
identify individuals, claimants, employees or employing units. If
the information disclosed under this paragraph is not prepared
for the use of the Employment Department, the costs of disclosing
the information shall be paid by the agency requesting the
information.
(b) As part of a geographic information system. Points on a map
may be used to represent economic data, including the location,
employment size class and industrial classification of businesses
in Oregon. Information presented as part of a geographic
information system may not give specific details regarding a
business's address, actual employment or proprietary information.
If the information disclosed under this paragraph is not prepared
for the use of the Employment Department, the costs of disclosing
the information shall be paid by the party requesting the
information.
(c) In accordance with ORS 657.673.
(4) The Employment Department may:
(a) Disclose information to public employees in the performance
of their duties under state or federal laws relating to the
payment of unemployment insurance benefits, the provision of
employment services and the provision of labor market
information.
(b) At the discretion of the Director of the Employment
Department and subject to an interagency agreement, disclose
information to public officials in the performance of their
official duties administering or enforcing laws within their
authority and to the agents or contractors of public officials.
The public official shall agree to assume responsibility for
misuse of the information by the official's agent or contractor.
(c) Disclose information pursuant to an informed consent,
received from an employer or claimant, to disclose the
information.
(d) Disclose information to partners under the federal
Workforce Investment Act of 1998 for the purpose of administering
state workforce programs under the Act. The information disclosed
is confidential and may not be used for any other purpose. The
costs of disclosing information under this paragraph shall be
paid by the requesting partner.
(e) Disclose the names and addresses of employing units to the
Bureau of Labor and Industries for the purpose of disseminating
information to employing units. The names and addresses disclosed
are confidential and may not be used for any other purpose. If
the information disclosed under this paragraph is not prepared
for the use of the Employment Department, the costs of disclosing
the information shall be paid by the bureau.
(f) Disclose information to the Commissioner of the Bureau of
Labor and Industries for the purpose of performing duties under
ORS 279C.800 to 279C.870, 658.005 to 658.245 or 658.405 to
658.503 or ORS chapter 652, 653 or 659A. The information
disclosed may include the names and addresses of employers and
employees and payroll data of employers and employees. The
information disclosed is confidential and may not be used for any
other purpose. If the information disclosed under this paragraph
is not prepared for the use of the Employment Department, the
costs of disclosing the information shall be paid by the bureau.
(g) Disclose information required under ORS 657.660 (3) and (4)
to the Public Employees Retirement System for the purpose of
determining the eligibility of members of the retirement system
for disability retirement allowances under ORS chapter 238. The
information disclosed is confidential and may not be used for any
other purpose. The costs of disclosing information under this
paragraph shall be paid by the Public Employees Retirement
System.
(h) Disclose to the Oregon Economic and Community Development
Commission information required by the commission in performing
its duty under ORS 285A.050 to verify changes in employment
levels following direct employer participation in Economic and
Community Development Department programs or indirect
participation through municipalities under ORS 285B.410 to
285B.482 and regional boards and partnerships under ORS 285B.230
to 285B.269. The information disclosed to the commission may
include an employer's employment level, total subject wages
payroll and whole hours worked. The information disclosed is
confidential and may not be used for any other purpose. The
commission may not disclose the information in any manner that
would identify an employing unit or employee except to the extent
necessary to carry out the commission's duty under ORS 285A.050.
If the information disclosed under this paragraph is not prepared
for the use of the Employment Department, the costs of disclosing
the information shall be paid by the commission.
(i) Disclose information to the Department of Revenue for the
purpose of performing its duties under ORS 293.250 or under the
revenue and tax laws of this state. The information disclosed may
include the names and addresses of employers and employees and
payroll data of employers and employees. The information
disclosed is confidential and may not be disclosed by the
Department of Revenue in any manner that would identify an
employing unit or employee except to the extent necessary to
carry out the department's duties under ORS 293.250 or in
auditing or reviewing any report or return required or permitted
to be filed under the revenue and tax laws administered by the
department. The Department of Revenue may not disclose any
information received to any private collection agency or for any
other purpose. If the information disclosed under this paragraph
is not prepared for the use of the Employment Department, the
costs of disclosing the information shall be paid by the
Department of Revenue.
(j) Disclose information to the Department of Consumer and
Business Services for the purpose of performing its duties under
ORS chapters 654 and 656. The information disclosed may include
the name, address, number of employees and industrial
classification code of an employer and payroll data of employers
and employees. The information disclosed is confidential and may
not be disclosed by the Department of Consumer and Business
Services in any manner that would identify an employing unit or
employee except to the extent necessary to carry out the
department's duties under ORS chapters 654 and 656, including
administrative hearings and court proceedings in which the
Department of Consumer and Business Services is a party. If the
information disclosed under this paragraph is not prepared for
the use of the Employment Department, the costs of disclosing the
information shall be paid by the Department of Consumer and
Business Services.
(k) Disclose information to the Construction Contractors Board
for the purpose of performing its duties under ORS chapter 701.
The information disclosed to the board may include the names and
addresses of employers and status of their compliance with this
chapter. If the information disclosed under this paragraph is not
prepared for the use of the Employment Department, the costs of
disclosing the information shall be paid by the board.
(L) Disclose information to the State Fire Marshal to assist
the State Fire Marshal in carrying out duties under ORS 453.307
to 453.414. The information disclosed may include the name,
address, telephone number and industrial classification code of
an employer. The information disclosed is confidential and may
not be disclosed by the State Fire Marshal in any manner that
would identify an employing unit except to the extent necessary
to carry out duties under ORS 453.307 to 453.414. If the
information disclosed under this paragraph is not prepared for
the use of the Employment Department, the costs of disclosing the
information shall be paid by the office of the State Fire
Marshal.
(m) Disclose information to the Oregon Student Assistance
Commission for the purpose of performing the commission's duties
under ORS chapter 348 and Title IV of the Higher Education Act of
1965. The information disclosed may include the names and
addresses of employers and employees and payroll data of
employers and employees. The information disclosed is
confidential and may not be disclosed by the commission in any
manner that would identify an employing unit or employee except
to the extent necessary to carry out the commission's duties
under ORS chapter 348 or Title IV of the Higher Education Act of
1965. If the information disclosed under this paragraph is not
prepared for the use of the Employment Department, the costs of
disclosing the information shall be paid by the commission.
(n) Disclose information to the Department of Transportation to
assist the Department of Transportation in carrying out the
duties of the Department of Transportation relating to collection
of delinquent and liquidated debts, including taxes, under ORS
184.610 to 184.666, 184.670 to 184.733 and 805.263, ORS chapter
319 and the Oregon Vehicle Code. The information disclosed may
include the names and addresses of employers and employees and
payroll data of employers and employees. The information
disclosed is confidential and may not be disclosed by the
Department of Transportation in any manner that would identify an
employing unit or employee except to the extent necessary to
carry out the Department of Transportation's duties relating to
collection of delinquent and liquidated debts or in auditing or
reviewing any report or return required or permitted to be filed
under the revenue and tax laws administered by the Department of
Transportation. The Department of Transportation may not disclose
any information received to any private collection agency or for
any other purpose. If the information disclosed under this
paragraph is not prepared for the use of the Employment
Department, the costs of disclosing the information shall be paid
by the Department of Transportation.
(o) Disclose to any person establishment level information
secured pursuant to this chapter from federal, state and local
government employing units. If the information disclosed under
this paragraph is not prepared for the use of the Employment
Department, the costs of disclosing the information shall be paid
by the party requesting the information.
(p) Disclose to any person the industrial classification code
assigned to an employing unit. If the information disclosed under
this paragraph is not prepared for the use of the Employment
Department, the costs of disclosing the information shall be paid
by the party requesting the information.
(5) Any officer appointed by or any employee of the Director of
the Employment Department who discloses confidential information,
except with the authority of the director, pursuant to rules or
as otherwise required by law, may be disqualified from holding
any appointment or employment with the Employment Department.
(6) Any person or any officer or employee of an entity to whom
information is disclosed by the Employment Department under this
section who divulges or uses the information for any purpose
other than that specified in the provision of law or agreement
authorizing the use or disclosure may be disqualified from
performing any service under contract or disqualified from
holding any appointment or employment with the state agency that
engaged or employed that person, officer or employee. The
Employment Department may immediately cancel or modify any
information sharing agreement with an entity when a person or an
officer or employee of that entity discloses confidential
information, other than as specified in law or agreement.
SECTION 25. Section 6, chapter 290, Oregon Laws 1987, as
amended by section 1, chapter 622, Oregon Laws 1991, and section
1, chapter 29, Oregon Laws 2007, 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 - } { + Supplemental Nutrition Assistance + } Program or
from another low income public assistance program for which
eligibility requirements limit participation to individuals with
income that does not exceed 135 percent of 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.
SECTION 26. ORS 813.602 is amended to read:
813.602. (1) When a person is convicted of driving while under
the influence of intoxicants in violation of ORS 813.010 or of a
municipal ordinance, the Department of Transportation, in
addition to any other requirement, shall require that an approved
ignition interlock device be installed and used in any vehicle
operated by the person:
(a) Before the person is eligible for a hardship permit. The
requirement is a condition of the hardship permit for the
duration of the hardship permit.
(b) For a first conviction, for one year after the ending date
of the suspension or revocation caused by the conviction.
Violation of the condition imposed under this paragraph is a
Class A traffic violation.
(c) For a second or subsequent conviction, for two years after
the ending date of the suspension or revocation caused by the
conviction. Violation of the condition imposed under this
paragraph is a Class A traffic violation.
(2) If the court determines that approved ignition interlock
devices are reasonably available, the court may require as a
condition of a driving while under the influence of intoxicants
diversion agreement that an approved ignition interlock device be
installed in any vehicle operated by the person. Courts may not
exercise authority under this subsection during any period the
courts have notice from the Office of Economic Analysis of the
Oregon Department of Administrative Services that there are not
sufficient moneys in the Intoxicated Driver Program Fund to pay
the costs under subsection (4) of this section. The Office of
Economic Analysis of the Oregon Department of Administrative
Services may not issue any notice under this subsection if
federal funds are available to pay the cost of the interlock
devices for indigents and costs of analysis of the use of
interlock devices.
(3) Except as provided in subsection (4) of this section, if an
ignition interlock system is ordered or required under subsection
(1) or (2) of this section, the person so ordered or required
shall pay to the provider the reasonable costs of leasing,
installing and maintaining the device. A payment schedule may be
established for the person by the department.
(4) The department may waive, in whole or in part, or defer the
defendant's responsibility to pay all or part of the costs under
subsection (3) of this section if the defendant meets the
criteria for indigence established for waiving or deferring such
costs under subsection (5) of this section. If the defendant's
responsibility for costs is waived, then notwithstanding ORS
813.270, the costs described in subsection (3) of this section
must be paid from the Intoxicated Driver Program Fund.
(5) The department, by rule, shall establish criteria and
procedures it will use for qualification to waive or defer costs
described under subsection (3) of this section for indigence. The
criteria must be consistent with the standards for indigence
adopted by the federal government for purposes of the { - food
stamp - } { + Supplemental Nutrition Assistance + } Program.
(6) At the end of the suspension or revocation resulting from
the conviction, the department shall suspend the driving
privileges or right to apply for driving privileges of a person
who has not submitted proof to the department that an ignition
interlock device has been installed or who tampers with an
ignition interlock device after it has been installed. If the
suspension is for failing to submit proof of installation, the
suspension continues until the department receives proof that the
ignition interlock device has been installed or until one year
after the ending date of the suspension resulting from the first
conviction or two years after the ending date of the suspension
resulting from a second or subsequent conviction, whichever comes
first. If the suspension is for tampering with an ignition
interlock device, the suspension continues until one year after
the ending date of the suspension resulting from the first
conviction or two years after the ending date of the suspension
resulting from a second or subsequent conviction. A person whose
driving privileges or right to apply for privileges is suspended
under this subsection is entitled to administrative review, as
described in ORS 809.440, of the action.
(7) The department shall adopt rules permitting medical
exemptions from the requirements of installation and use of an
ignition interlock device under subsection (1) of this section.
SECTION 27. { + ORS 411.835 is repealed. + }
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