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 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. 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 truancy. 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 year. (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. + } ----------