Chapter 753 Oregon Laws 1999

Session Law

AN ACT

SB 405

Relating to community housing for individuals with developmental disabilities; and appropriating money.

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

SECTION 1. Sections 2 to 5 of this 1999 Act are added to and made a part of ORS chapter 427.

SECTION 2. As used in this 1999 Act:

(1) "Care provider" means an individual, family member or entity that provides care.

(2) "Community housing" means real property, including but not limited to buildings, structures, improvements to real property and related equipment, that is used or could be used to house and provide care for individuals with mental retardation or other developmental disability. "Community housing" includes a single-family home or multiple-unit residential housing that an individual with mental retardation or other developmental disability shares with other inhabitants, including but not limited to family members, care providers or friends. "Community housing" does not include the Fairview Training Center or the Eastern Oregon Training Center.

(3) "Construct" means to build, install, assemble, expand, alter, convert, replace or relocate. "Construct" includes to install equipment and to prepare a site.

(4) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy or other neurological handicapping condition or severe physical impairment that requires training similar to that required by mentally retarded persons, and the disability:

(a) Originates before the person attains the age of 22 years;

(b) Has continued or can be expected to continue indefinitely; and

(c) Constitutes a substantial handicap to the ability of the person to function in society.

(5) "Equipment" means furnishings, fixtures, appliances, special adaptive equipment or supplies that are used or could be used to provide care in community housing.

(6) "Family member" means an individual who is related by blood or marriage to an individual with mental retardation or other developmental disability.

(7) "Financial assistance" means a grant or loan to pay expenses incurred to provide community housing.

(8) "Housing provider" means an individual or entity that provides community housing.

SECTION 3. (1) The Mental Health and Developmental Disability Services Division may, through contract or otherwise, acquire, purchase, receive, hold, exchange, operate, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of providing care to individuals with mental retardation or other developmental disability.

(2) The division may dispose of community housing acquired under subsection (1) of this section in a public or private sale, upon such terms and conditions as the division considers advisable to increase the quality and quantity of community housing for individuals with mental retardation or other developmental disability. The division may include in any instrument conveying fee title to community housing language that restricts the use of the community housing to provide care for individuals with mental retardation or other developmental disability. Such restriction is not a violation of ORS 93.270. Any instrument conveying fee title to community housing under this subsection shall provide that equipment in the community housing is a part of and shall remain with the real property unless such equipment was modified or designed specifically for an individual's use, in which case such equipment shall follow the individual.

(3) The division may provide financial assistance to a housing provider or a care provider that wishes to provide community housing for individuals with mental retardation or other developmental disability under rules promulgated by the division.

(4) The division may transfer its ownership of equipment to care providers.

(5) When exercising the authority granted to the division under this section, the division is not subject to ORS 276.900 to 276.915 or 279.800 to 279.833 or ORS chapters 270 and 273.

SECTION 4. (1) There is established a Developmental Disabilities Community Housing Fund in the State Treasury, separate and distinct from the General Fund. All moneys in the fund are continuously appropriated to the Mental Health and Developmental Disability Services Division to pay expenses incurred by the division in carrying out the provisions of sections 2 and 3 of this 1999 Act. Interest earned on moneys in the fund shall be credited to the fund.

(2) There is established within the fund a Community Housing Trust Account. Notwithstanding the provisions of ORS 270.150 (1) and (3), the division shall negotiate with the Oregon Department of Administrative Services to apply the proceeds from the sale, transfer or lease of any surplus real property owned, operated or controlled by the division and used as a state training center to the account. The division may expend, for the purposes of this 1999 Act, any earnings credited to the account, including any income from the lease of surplus property and any interest earned on moneys deposited in the account, and up to five percent of any sale or transfer proceeds initially credited to the account by the Oregon Department of Administrative Services. At least 95 percent of all sale or transfer proceeds shall remain in the account in perpetuity.

(3) The fund shall consist of:

(a) Moneys appropriated to the fund by the Legislative Assembly;

(b) Repayment of financial assistance provided to housing providers or care providers for community housing under section 3 (3) of this 1999 Act;

(c) Proceeds from the account under subsection (2) of this section;

(d) Moneys reallocated from other areas of the division's budget; and

(e) Interest credited to the fund.

(4) The division shall provide a report of revenues to and expenditures from the fund as part of its budget submission to the Governor and Legislative Assembly under ORS chapter 291.

SECTION 5. (1) When the Mental Health and Developmental Disability Services Division sells any surplus real property owned by the division and used as a state training center, the sale price shall equal or exceed the fair market value of the property.

(2) The proceeds from the sale of any real property owned by the division and used as a state training center shall be applied under the provisions of section 4 (2) of this 1999 Act.

Approved by the Governor July 19, 1999

Filed in the office of Secretary of State July 19, 1999

Effective date October 23, 1999

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