75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 200
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Housing and Community Services Department)
CHAPTER ................
AN ACT
Relating to homelessness; creating new provisions; and amending
ORS 458.505, 458.525 and 458.530.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section, 'homelessness '
means the lack of a decent, safe, stable and permanent place to
live that is fit for human habitation.
(2) The Legislative Assembly finds and declares that:
(a) Homelessness is a detriment to individuals, families and
communities. The effects of homelessness impact quality of life,
productivity and self-sufficiency, career and educational
opportunities, health and wellness. Those effects may also extend
to future generations.
(b) Preventing and ending homelessness is important for all
levels of government, business and the community.
(3) The Housing and Community Services Department and the
Department of Human Services shall serve as the lead agencies in
administering the state policy regarding homelessness. The
Interagency Council on Hunger and Homelessness shall advise the
departments in carrying out the policy.
(4) It is the policy of this state that the departments and the
council work to encourage innovation by state, regional and local
agencies that will create the comprehensive and collaborative
support system and housing resources vital for a successful
campaign to end and prevent homelessness. The comprehensive and
collaborative support system should include, but not be limited
to:
(a) The redesign of existing response systems to homelessness
to include a realignment of services with permanent housing.
(b) The inclusion of community-based treatment, outreach
services, early intervention strategies, housing and service
management and an interagency system that can address individuals
with compound needs.
(c) The coordination of multiagency services provided to people
with chronic needs, older adults and homeless and runaway youths,
including but not limited to criminal justice, housing, public
welfare, health, mental health and youth and family services, to
create integrated and cost-effective programs that deliver
Enrolled Senate Bill 200 (SB 200-INTRO) Page 1
housing and service needs of homeless persons in a seamless and
timely manner.
(d) Programs of care for the homeless that have an accompanying
set of outcomes to increase accountability and further
development of more effective methods in reaching client outcome
goals and cost effectiveness. Outcomes for increasing the
accountability of programs of care for the homeless include
shortening the length of stay in emergency housing, eliminating
repeated periods of homelessness and addressing the issue of
homelessness in all areas of the state.
(e) An individualized approach to the homeless person that
includes an assessment of individual needs, identification of
appropriate solutions that may include services, coordination and
cost-effective use of support across agencies and appropriate
monitoring and evaluation of the homeless person's individual
progress. + }
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;
Enrolled Senate Bill 200 (SB 200-INTRO) Page 2
(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. This report shall contain figures
regarding the numbers and types of persons living in poverty in
Oregon. { + The report shall also describe the status of efforts
by the department and the Department of Human Services to
implement the state policy regarding homelessness described in
section 1 of this 2009 Act. + }
(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
Enrolled Senate Bill 200 (SB 200-INTRO) Page 3
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 3. ORS 458.525 is amended to read:
458.525. { - (1) The Housing and Community Services
Department shall serve as the lead public body on hunger and
homelessness issues. - }
{ - (2) - } { + (1) + } The Interagency Council on Hunger
and Homelessness is established. The Director of the Housing and
Community Services Department shall chair the council. In
addition to the director, the council shall consist of 15 members
as follows:
(a) One member representing each of the following:
(A) The Housing and Community Services Department.
(B) The Department of Corrections.
(C) The Economic and Community Development Department.
(D) The State Commission on Children and Families.
(E) The Department of Education.
(F) The State Department of Agriculture.
(G) The Employment Department.
(H) The Department of Veterans' Affairs.
(I) The Department of Transportation.
(J) The Oregon Youth Authority.
(K) The Department of Community Colleges and Workforce
Development.
(L) The Department of Justice.
(b) Three members representing the Department of Human
Services. Of the three members representing that department:
(A) One shall have expertise on issues affecting services to
adults and families.
(B) One shall have expertise on issues affecting health
services.
(C) One shall have expertise on issues affecting services to
seniors and to persons with disabilities.
{ - (3) - } { + (2) + } Each council member must be the
administrative head of the listed agency or an employee of that
agency who is designated by the administrative head and who has
an agency policy-making role affecting hunger, food programs,
nutrition, homelessness or related issues.
{ - (4) - } { + (3) + } The Hunger Relief Task Force shall
adopt recommendations and proposals as the task force deems
appropriate. The council shall be responsible for receiving the
recommendations and proposals adopted by the task force and the
recommendations of any state body relating to the issue of
homelessness, and for forwarding the recommendations and
proposals to state agencies or other public or private
organizations for action that the council deems appropriate:
(a) To ensure the coordination of state agency hunger relief
efforts and homelessness relief efforts;
(b) To ensure that food and nutrition programs, other hunger
relief efforts and homelessness relief efforts operate
efficiently and effectively;
(c) To monitor the utilization of federal hunger relief efforts
and homelessness relief efforts and provide outreach to expand
underutilized programs; and
Enrolled Senate Bill 200 (SB 200-INTRO) Page 4
(d) To encourage the coordination of state and local programs,
public and private antipoverty programs affecting food
distribution and programs for assisting the homeless.
{ - (5) - } { + (4) + } The Director of the Housing and
Community Services Department, in collaboration with the Director
of Human Services, shall convene council meetings at least
quarterly.
{ - (6) - } { + (5) + } The Director of the Housing and
Community Services Department shall provide the council with
staff support the director deems appropriate, by using Housing
and Community Services Department employees or by contract. The
director shall also provide the council with supplies as the
director deems appropriate.
SECTION 4. ORS 458.530 is amended to read:
458.530. { + (1) The Housing and Community Services Department
shall serve as the lead public body in administering the state
policy on hunger. + }
{ - (1) - } { + (2) + } The Legislative Assembly finds and
declares that it is the policy of this state that:
(a) Hunger is defined as the state of being unable to obtain a
nutritionally adequate diet from nonemergency food channels.
Hunger is not one discrete event. Hunger is a series of events
that lead up to and follow a lack of adequate food intake. It is
the process in which people become at risk of hunger, attempt to
cope with the problem and suffer a variety of health and social
consequences.
(b) All persons have the right to be free from hunger.
(c) Freedom from hunger means all persons have food security.
Persons lack food security if they are uncertain of having, or
being able to acquire in socially acceptable ways, enough
acceptable food at all times to meet basic needs because they
have insufficient money or other resources for food.
(d) Oregon will rank among the top 10 states in providing food
security without hunger by 2015.
{ - (2) - } { + (3) + } The Legislative Assembly declares
that the policy of this state is to provide and encourage
activities and programs necessary to fulfill the commitment
stated in subsection { - (1) - } { + (2) + } of this section
and that the purpose of policies stated in this section is to
provide a guide for the establishment, implementation and
operation of activities and programs designed to alleviate or
eradicate hunger in this state. { - It - } { + The
Legislative Assembly + } further declares that the activities and
programs shall be initiated, promoted and developed through:
(a) Volunteers and volunteer groups;
(b) Public and private not-for-profit organizations;
(c) Partnership with local governmental agencies;
(d) Coordinated efforts of state agencies;
(e) Coordination and cooperation with federal programs;
(f) Partnership with private health and social service
agencies; and
(g) The Interagency Council on Hunger and Homelessness, the
Hunger Relief Task Force and other state bodies created to
address the issue of homelessness.
SECTION 5. { + The amendments to ORS 458.505 by section 2 of
this 2009 Act apply to biennial status reports produced by the
Housing and Community Services Department on or after January 1,
2011. + }
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Enrolled Senate Bill 200 (SB 200-INTRO) Page 5
Passed by Senate March 31, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 2, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 200 (SB 200-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 Senate Bill 200 (SB 200-INTRO) Page 7