75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2259
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Housing and Community Services Department)
CHAPTER ................
AN ACT
Relating to Community Action Directors of Oregon; creating new
provisions; and amending ORS 456.515, 456.555, 458.505 and
458.532.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 456.515 is amended to read:
456.515. As used in ORS 456.515 to 456.725 and ORS chapter 458
unless the context requires otherwise:
(1) 'Community Action { - Directors - } { + Partnership + }
of Oregon ' means an organization described in ORS 458.505.
(2) 'Construction' includes, but is not limited to, new
construction or moderate or substantial rehabilitation of
existing structures or facilities.
(3) 'Council' means the State Housing Council established under
ORS 456.567.
(4) 'Department' means the Housing and Community Services
Department established under ORS 456.555.
(5) 'Director' means the Director of the Housing and Community
Services Department.
(6) 'Elderly household' means a household whose head is over
the age of 55, residing in this state.
(7) 'Major life activity' includes but is not limited to
self-care, ambulation, communication, transportation, education,
socialization, employment and ability to acquire, rent or
maintain property.
(8)(a) 'Multifamily housing' means a structure or facility
established primarily to provide housing that provides more than
one living unit, and may also provide facilities that are
functionally related and subordinate to the living units for use
by the occupants in social, health, educational or recreational
activities:
(A) For the elderly, including but not limited to individual
living units within such structures, mobile home and manufactured
dwelling parks and residential facilities licensed under ORS
443.400 to 443.455 and other congregate care facilities with or
without domiciliary care.
(B) For persons with disabilities, including, but not limited
to, individual living units within such structures, mobile home
and manufactured dwelling parks and residential facilities
licensed under ORS 443.400 to 443.455 and other congregate care
facilities with or without domiciliary care.
Enrolled House Bill 2259 (HB 2259-INTRO) Page 1
(b) 'Multifamily housing' does not include nursing homes,
hospitals, places primarily engaged in recreational activities
and single-family, detached dwellings, except manufactured
dwellings situated in a mobile home and manufactured dwelling
park.
(9) 'Person with a disability' means a person who has a
physical or mental impairment that substantially limits one or
more major life activities.
(10) 'Target population' means:
(a) Elderly households; or
(b) Persons with disabilities.
SECTION 2. ORS 456.555 is amended to read:
456.555. (1) The Housing and Community Services Department is
established.
(2) The department shall be under the supervision and control
of a director who is responsible for the performance of the
duties imposed upon the department. The Governor shall appoint
the Director of the Housing and Community Services Department.
The director shall hold office at the pleasure of the Governor.
The person appointed as director shall be a person who, by
training and experience, is well qualified to perform the duties
of the office.
(3) The director shall receive such salary as may be provided
by law, or, if not so provided, as may be fixed by the Governor.
In addition to the salary of the director, the director shall,
subject to the limitations otherwise provided by law, be
reimbursed for all expenses actually and necessarily incurred by
the director in the performance of official duties.
(4) The director may establish department divisions including
but not limited to divisions for administration, housing programs
and community services programs.
(5) The State Housing Council shall:
(a) With the advice of the director, set policy and approve or
disapprove rules and standards for housing programs;
(b) Approve or disapprove loans, grants and other funding award
proposals under ORS 456.561; and
(c) Carry out the provisions of ORS 456.571.
(6) The Community Action { - Directors - }
{ + Partnership + } of Oregon shall advise the department and
the council on community services programs as determined by the
director and as set forth in ORS 458.505.
(7) The director shall report regularly to the council to keep
the council informed on progress made by the department in
carrying out the department's responsibilities for housing
programs.
(8) The department may adopt rules to carry out the programs
that the department is charged with administering, including, but
not limited to, rules regarding:
(a) Administration and enforcement.
(b) Criteria for the granting of benefits.
(c) The establishment of fees and charges.
(d) The identification of housing programs and community
services programs.
(e) The distinguishing of housing programs from community
services programs.
(9) Subject to the approval of the council, the department
shall establish by rule a threshold property purchase price above
which a single-family home ownership loan proposed by the
department requires council review and approval under ORS
456.561. In establishing or modifying a threshold property
Enrolled House Bill 2259 (HB 2259-INTRO) Page 2
purchase price under this subsection, the department shall
consider any maximum acquisition cost set forth in the Internal
Revenue Code or federal rules and regulations implementing the
code.
SECTION 3. ORS 458.505, as amended by section 28, chapter 100,
Oregon Laws 2007, is amended to read:
458.505. (1) The community action agency network, established
initially under the federal Economic Opportunity Act of 1964,
shall be the delivery system for federal antipoverty programs in
Oregon, including the Community Services Block Grant, Low Income
Energy Assistance Program, State Department of Energy
Weatherization Program and such others as may become available.
(2) Funds for such programs shall be distributed to the
community action agencies by the Housing and Community Services
Department with the advice of the Community Action
{ - Directors - } { + Partnership + } of Oregon.
(3) In areas not served by a community action agency, funds
other than federal community services funds may be distributed to
and administered by organizations that are found by the Housing
and Community Services Department to serve the antipoverty
purpose of the community action agency network.
(4) In addition to complying with all applicable requirements
of federal law, a community action agency shall:
(a) Be an office, division or agency of the designating
political subdivision or a not for profit organization in
compliance with ORS chapter 65.
(b) Have a community action board of at least nine but no more
than 33 members, constituted so that:
(A) One-third of the members of the board are elected public
officials currently serving or their designees. If the number of
elected officials reasonably available and willing to serve is
less than one-third of the membership, membership of appointed
public officials may be counted as meeting the one-third
requirement;
(B) At least one-third of the members are persons chosen
through democratic selection procedures adequate to assure that
they are representatives of the poor in the area served; and
(C) The remainder of the members are officials or members of
business, industry, labor, religious, welfare, education or other
major groups and interests in the community.
(c) If the agency is a private not for profit organization, be
governed by the Community Action Board. The board shall have all
duties, responsibilities and powers normally associated with such
boards, including, but not limited to:
(A) Selection, appointment and dismissal of the executive
director of the agency;
(B) Approval of all contracts, grant applications and budgets
and operational policies of the agency;
(C) Evaluation of programs; and
(D) Securing an annual audit of the agency.
(d) If the organization is an office, division or agency of a
political subdivision, be administered by the board that shall
provide for the operation of the agency and be directly
responsible to the governing board of the political subdivision.
The administering board at a minimum, shall:
(A) Review and approve program policy;
(B) Be involved in and consulted on the hiring and firing of
the agency director;
(C) Monitor and evaluate program effectiveness;
Enrolled House Bill 2259 (HB 2259-INTRO) Page 3
(D) Ensure the effectiveness of community involvement in the
planning process; and
(E) Assume all duties delegated to it by the governing board.
(e) Have a clearly defined, specified service area. Community
action service areas may not overlap.
(f) Have an accounting system that meets generally accepted
accounting principles and be so certified by an independent
certified accountant.
(g) Provide assurances against the use of government funds for
political activity by the community action agency.
(h) Provide assurances that no person shall, on the grounds of
race, color, sex, sexual orientation or national origin be
excluded from participation in, be denied the benefits of or be
subjected to discrimination under any program or activity funded
in whole or in part with funds made available through the
community action program.
(i) Provide assurances the community action agency shall comply
with any prohibition against discrimination on the basis of age
under the Age Discrimination Act of 1975 or with respect to an
otherwise qualified individual with disabilities as provided in
section 504 of the Rehabilitation Act of 1973.
(5) For the purposes of this section, the Oregon Human
Development Corporation is eligible to receive federal community
service funds and low-income energy assistance funds.
(6) The Housing and Community Services Department shall:
(a) Administer federal and state antipoverty programs.
(b) Apply for all available antipoverty funds on behalf of
eligible entities as defined in this section.
(c) In conjunction with the Community Action
{ - Directors - } { + Partnership + } of Oregon, develop a
collaborative role in advocating for, and addressing the needs
of, all low income Oregonians.
(d) Biennially produce and make available to the public a
status report on efforts by it and state agencies to reduce the
incidence of poverty in Oregon. This report shall contain figures
regarding the numbers and types of persons living in poverty in
Oregon.
(e) On a regular basis provide information to the Community
Action { - Directors - } { + Partnership + } of Oregon on the
activities and expenditures of the Housing and Community Services
Department.
(f) As resources are available, provide resources for technical
assistance, training and program assistance to eligible entities.
(g) As resources are available, provide resources { + pursuant
to ORS 409.750 + } for the training and technical assistance
needs of the Community Action { - Directors - }
{ + Partnership + } of Oregon.
(h) Conduct a planning process to meet the needs of low income
people in Oregon. That process shall fully integrate the Oregon
Human Development Corporation into the antipoverty delivery
system. The planning process shall include development of a plan
for minimum level of services and funding for low income migrant
and seasonal farmworkers from the antipoverty programs
administered by the agency.
(i) Limit its administrative budget in an effort to maximize
the availability of antipoverty federal and state funds for
expenditures by local eligible entities.
SECTION 4. ORS 458.532 is amended to read:
Enrolled House Bill 2259 (HB 2259-INTRO) Page 4
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.
(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 - } { + Partnership + } 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 5. { + (1) The amendments to ORS 456.515, 456.555,
458.505 and 458.532 by sections 1 to 4 of this 2009 Act are
Enrolled House Bill 2259 (HB 2259-INTRO) Page 5
intended to change the name of the Community Action Directors of
Oregon to the Community Action Partnership of Oregon.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Community Action
Directors of Oregon, wherever they occur in Oregon Revised
Statutes, other words designating the Community Action
Partnership of Oregon. + }
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Passed by House February 19, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 31, 2009
...........................................................
President of Senate
Enrolled House Bill 2259 (HB 2259-INTRO) Page 6
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2259 (HB 2259-INTRO) Page 7