68th OREGON LEGISLATIVE ASSEMBLY--1995 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 3064

                         House Bill 3012

Sponsored by Representative JOHNSTON


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

  Establishes earned income tax credit. Requires Adult and Family
Services Division to disregard certain income and assets when
determining eligibility for assistance benefits. Requires
immunization of children in families receiving aid for dependent
children. Terminates aid for dependent children benefits for

                        A BILL FOR AN ACT
Relating to welfare reform; creating new provisions; and amending
  ORS 339.065.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this Act is added to and made a
part of ORS chapter 315. + }
  SECTION 2.  { + (1) As used in this section, 'section 32 of the
Internal Revenue Code' means section 32 of the federal Internal
Revenue Code as amended and in effect on December 31, 1994.
  (2) In addition to any other credit available for purposes of
ORS chapter 316, an eligible resident individual shall be allowed
a credit against the tax otherwise due under ORS chapter 316 for
the tax year in an amount equal to 25 percent of the earned
income tax credit allowable to the individual for the same tax
year pursuant to section 32 of the Internal Revenue Code. The
credit allowed under this section shall be refundable to the
extent it exceeds the tax liability of the taxpayer for the tax
  (3) An eligible nonresident shall be allowed the credit
computed in the same manner and subject to the same limitations
as the credit allowed a resident by subsection (2) of this
section.  However, the credit shall be prorated using the
proportion provided in ORS 316.117.
  (4) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's taxable year under ORS 314.440, the
credit allowed by this section shall be prorated or computed in a
manner consistent with ORS 314.085.
  (5) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117. + }
  SECTION 3.  { + Sections 4 to 6 of this Act are added to and
made a part of ORS chapter 411. + }
  SECTION 4. { +  (1) For purposes of determining the eligibility
of an individual applying for or receiving benefits under ORS
411.120, the Adult and Family Services Division shall disregard
any single cash payment or assets received by the individual
within the 12 months prior to application or during the time the
individual is receiving benefits.
  (2) For purposes of this section, 'single cash payment or
assets received' means any cash or items of economic value that
are transferred to the possession and ownership of an individual
as a result of a single transaction.
  (3) Individuals who receive cash or assets according to the
provisions of subsection (1) of this section shall report the
transaction to the division according to ORS 411.105. + }
  SECTION 5.  { + (1) The Adult and Family Services Division
shall establish by rule the vaccinations and immunizations
necessary to protect the health and safety of children and
families receiving assistance payments under ORS 411.120 (4).
  (2) The parent of a child applying for or receiving assistance
payments under ORS 411.120 (4) shall provide written evidence of
vaccination or immunization at the time of application for
assistance payments or within six months following the birth of a
child into a family that is receiving assistance payments at the
time of the birth.
  (3) Failure of a person to comply with the provisions of
subsection (2) of this section shall result in a finding of
ineligibility for or termination of benefits under ORS 411.120
(4). + }
  SECTION 6.  { + The Adult and Family Services Division shall
terminate assistance payments under ORS 411.120 (4) to any
individual who is required to be enrolled in an academic program
and the individual's attendance in the program is considered
irregular as defined in ORS 339.065. + }
  SECTION 7. ORS 339.065 is amended to read:
  339.065. (1) In estimating regular attendance for purposes of
the compulsory attendance provisions of ORS 339.005 to 339.030,
339.040 to 339.125, 339.137, 339.420 and 339.990, the principal
or teacher shall consider all unexcused absences. Eight unexcused
one-half day absences in any four-week period during which the
school is in session shall be considered irregular attendance.
  (2) An absence may be excused by a principal or teacher if the
absence is caused by the pupil's sickness, by the sickness of
some member of the pupil's family or by an emergency. A principal
or teacher may also excuse absences for other reasons where
satisfactory arrangements are made in advance of the absence.
  (3) Any pupil may be excused from attendance by the district
school board for a period not to exceed five days in a term of
three months or not to exceed 10 days in any term of at least six
months. Any such excuse shall be in writing directed to the
principal of the school which the pupil attends.
   { +  (4) The attendance supervisor as described in ORS 339.040
shall submit monthly to the Adult and Family Services Division a
list of the names and Social Security numbers of pupils whose
attendance is considered irregular under subsection (1) of this
section. + }