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 783
House Bill 2260
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)
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 as
introduced.
Allows Housing and Community Services Department to make
farmworker housing financing information and biennial report on
poverty available to public by placing materials and report on
department website or by other means determined by department.
A BILL FOR AN ACT
Relating to the availability of information produced by the
Housing and Community Services Department; amending ORS 456.585
and 458.505.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 456.585 is amended to read:
456.585. The Housing and Community Services Department shall
serve as the primary state agency for farmworker housing
information. The department shall perform the following duties
related to farmworker housing information:
(1) Develop an information center for farmworker housing
financing information. The department shall consult with private
organizations and the Farmworker Housing Facilitation Team
established pursuant to subsection (3) of this section in
developing and operating the information center. { - The
information center shall include provision for access by the
Internet. - } { + The department may make information regarding
farmworker housing financing available by placing the information
on the department website or by other means determined by the
department. + }
(2) To the extent practicable, simplify the application process
for funding farmworker housing projects.
(3) Establish a Farmworker Housing Facilitation Team to provide
an ongoing discussion forum for state and local government
agencies that are involved with farmworker housing. Team members
shall include the Housing and Community Services Department, the
Occupational Safety and Health Division, the State Department of
Agriculture, the Department of Land Conservation and Development,
the Employment Department and the Oregon State University
Extension Service. The Housing and Community Services Department
shall also invite Rural Development and the Farm Service Agency
of the United States Department of Agriculture, the United States
Department of Labor, local planning agencies and other interested
persons to be members of the team.
(4) Ensure that homeowner assistance programs engage in
outreach efforts to contact farmworkers.
(5) Promote the establishment and use of individual development
accounts by farmworkers and others.
(6) Use a statewide map of crop diversity to determine housing
needs, and facilitate the development of farmworker housing in
appropriate locations.
(7) Look at creative ways to provide housing, including but not
limited to time-share housing, cooperative housing, mobile and
portable housing and modular housing.
(8) Work with private businesses, state agencies and nonprofit
organizations to maximize the development of farmworker housing.
(9) To the extent practicable, refer housing-based conflicts to
dispute resolution processes.
SECTION 2. 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 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;
(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 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. { + The department may make the
report available by placing the report on the department website
or by other means determined by the department. + } 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 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 for the
training and technical assistance needs of the Community Action
Directors 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.
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