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 3879
House Bill 3446
Sponsored by Representative LOKAN, Representative MEEK
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.
Creates Oregon Assistance and Employment Reform Committee.
Limits aid to dependent children to two years unless recipient is
enrolled in specified program. Changes eligibility requirements
for families and requires vaccination of children receiving aid
to dependent children. Terminates aid for specified cause.
Reduces aid payments for person who is receiving wages. Requires
agency employee to report presence of fugitive felon present in
home of aid recipient. Establishes statewide telephone hotline
for reporting abuse of public assistance program.
A BILL FOR AN ACT
Relating to public assistance; creating new provisions; and
amending ORS 339.065, 418.045 and 418.130.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + This Act shall be known as the Oregon
Assistance and Employment Reform Act. + }
SECTION 2. { + There is created the Oregon Assistance and
Employment Reform Committee, consisting of 13 members. The
President of the Senate shall appoint two members from among the
members of the Senate, and the Speaker of the House of
Representatives shall appoint two members from among the members
of the House of Representatives. The Governor shall appoint three
members, who shall be persons experienced in the design and
delivery of public assistance programs. The committee shall also
include:
(1) The Assistant Director for Children's Services, or the
assistant director's designee;
(2) The Assistant Director for Adult and Family Services, or
the assistant director's designee;
(3) The Director of the Employment Department, or the
director's designee;
(4) The chairperson of the Oregon Workforce Quality Council, or
the chairperson's designee;
(5) The Assistant Director for Mental Health and Developmental
Disability Services, or the assistant director's designee; and
(6) The chairperson of the State Commission on Children and
Families, or the chairperson's designee. + }
SECTION 3. { + (1) The Oregon Assistance and Employment Reform
Committee established under section 2 of this Act shall oversee
the implementation of:
(a) Removing barriers that inhibit the ability of a person to
successfully complete a transition from dependence to
independence, including but not limited to:
(A) Adjusting the amount of income a person receiving
assistance is allowed to earn before benefits are reduced.
(B) Establishing guidelines for determining an individual's
income and assets every 90 days for purposes of program
eligibility.
(C) Developing mechanisms to provide temporary day care for
children of a person returning to work.
(D) Expanding the eligibility guidelines for academic and job
training programs.
(E) Equalizing assistance benefits between single persons and
married couples.
(b) Establishing timelines for moving people who receive
assistance into employment and the means for accomplishing the
transition, including but not limited to:
(A) Limiting assistance to 30 days unless the recipient is
enrolled in an educational or job training program.
(B) Allowing a parent of a dependent child to continue to
receive assistance benefits if the parent participates in
community service provided through the Department of Human
Resources with public and private community service agencies.
(C) Denying eligibility for assistance benefits for 180 days
after a person has been terminated from any assistance program.
(D) Exempting mothers of newborn children from work and job
training requirements for 90 days following the birth of a child.
Mothers of newborn children shall not be exempt from any
applicable education requirements.
(c) Developing and implementing systematic changes in the
administration and delivery of assistance programs that enhance
the efficiency and efficacy of such programs, including but not
limited to:
(A) Establishing an electronic debit card system, not later
than January 1, 1996, for aid to dependent children assistance
under ORS 418.035 to 418.172 for children born to a family
receiving assistance and recipients of food stamp assistance
under ORS 411.806 to 411.845.
(B) Integrating administrative and service delivery agencies to
eliminate duplication of services with the goal of creating a
single point of contact for persons seeking assistance. The
committee shall develop specific legislative recommendations for
unifying the administration of federal funds received by the
state and reducing agency administrative overhead.
(C) Relaxing or eliminating the confidentiality rules that
inhibit the effective flow of information among service delivery
agencies.
(D) Establishing the means to implement accountability
standards in public assistance systems, including strategies that
provide for incremental reductions in benefits for failure of the
individual to comply with the requirements of the assistance
program and that include means of enforcement.
(E) Creating strategies to reduce restrictions on the use of
federal welfare funds to create greater flexibility.
(F) Reviewing and creating strategies to curb the causes of
welfare dependency, such as teen pregnancy.
(G) Transferring job training and placement services from state
agencies to private entities.
(d) Requiring drug testing for all persons applying for
assistance and requiring participation in approved drug treatment
programs for persons who are chemically dependent on a controlled
substance or substances.
(e) Denying additional assistance based on the birth of a child
to a member of a recipient family unless the family member was
pregnant at the time of application for assistance and informed
the administrative agency of the pregnancy.
(f) Exempting persons with a verified physical condition that
prohibits the person from participating successfully in an
education or job training program or maintaining employment.
(g) Exempting a person who has primary responsibility for
caring for a family member who is sick, elderly or disabled.
(h) Identifying other issues relating to public assistance and
welfare dependency.
(2) The committee shall pursue all federal waivers necessary to
implement its recommendations.
(3) The committee shall act in an advisory capacity to the
Governor, the Department of Human Resources and the Employment
Department for the receipt and expenditure of federal assistance
funds. + }
SECTION 4. { + (1) The Oregon Assistance and Employment Reform
Committee shall file a written report containing its findings and
recommendations with the Emergency Board, in a manner consistent
with the provisions of ORS 192.230 to 192.250, not later than
July 31, 1996.
(2) The committee shall file a copy of the report described in
subsection (1) of this section with the Sixty-ninth Legislative
Assembly. + }
SECTION 5. { + (1) The Oregon Department of Administrative
Services shall provide staff necessary for the performance of the
function of the Oregon Assistance and Employment Reform
Committee. The committee shall use the services of permanent
legislative staff to the greatest extent practicable.
(2) Members of the committee who are members of the Legislative
Assembly shall be entitled to an allowance as authorized by ORS
171.072 from funds appropriated to the Legislative Assembly.
Other members of the committee are entitled to compensation and
expenses under ORS 292.495. Claims for expenses incurred in
performing functions of the committee shall be paid out of funds
available for that purpose.
(3) All agencies, departments and officers of this state are
directed to assist the committee in the performance of its
functions, and to furnish such information and advice as the
members of the committee consider necessary to perform their
functions.
(4) The committee may accept contributions of funds and
assistance from the United States, its agencies or any other
source, public or private, and agree to conditions thereon not
inconsistent with the purposes of the committee. All such funds
are to aid in financing the functions of the committee and shall
be deposited in the General Fund of the State Treasury to the
credit of separate accounts for the committee and shall be
disbursed for the purpose for which contributed in the same
manner as funds appropriated for the committee.
(5) Official action by the committee established pursuant to
this Act shall require the approval of a majority of the quorum
of the members. All legislation recommended by official action of
the committee must indicate that it is introduced at the request
of the committee. Such legislation shall be prepared in time for
presession numbering and presession filing pursuant to ORS
171.130, for presentation to the regular session of the
Sixty-ninth Legislative Assembly. + }
SECTION 6. { + (1) The Oregon Assistance and Employment Reform
Committee established in section 2 of this Act shall exercise
oversight responsibility for the implementation of sections 8 to
13 of this Act. A member of the committee who represents a
participating state agency shall exercise the agency's rulemaking
authority in a manner consistent with the findings and
conclusions of the committee and the provisions of this Act.
(2) The committee shall obtain all federal waivers necessary to
implement the provisions of sections 8 to 19 of this Act. + }
SECTION 7. { + Sections 8 to 13 of this Act are added to and
made a part of ORS 418.035 to 418.172. + }
SECTION 8. { + (1) An individual shall receive aid pursuant to
ORS 418.035 to 418.172 for a period not to exceed 24 continuous
months.
(2) Notwithstanding subsection (1) of this section, an
individual shall be eligible to receive aid for more than 24
months provided that:
(a) The individual is enrolled in a training program leading to
employment or an education program leading to a diploma or
certificate; or
(b) The individual has registered for work at and thereafter
has continued to report to an employment office as defined in ORS
657.010, and the individual is able to work, available for work
and actively seeking work.
(3) Persons receiving aid under subsection (2)(b) of this
section shall not constitute more than one percent of persons
receiving aid in any single month. + }
SECTION 9. { + (1) For purposes of determining the eligibility
of an individual applying for or receiving benefits under ORS
418.035 to 418.172, the Adult and Family Services Division shall
disregard any single cash payment or assets less than $10,000
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 ' 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 the provisions of ORS
411.105. + }
SECTION 10. { + (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 aid pursuant to ORS 418.035 to 418.172.
(2) The parent of a child applying for or receiving aid
pursuant to ORS 418.040 shall provide written evidence of
vaccination or immunization at the time of application for such
aid or within six months following the birth of a child into a
family that is receiving aid 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
418.040. + }
SECTION 11. { + The Adult and Family Services Division shall
terminate aid payments under ORS 418.035 to 418.172 to any
individual who is required to be enrolled in an academic program
if the individual's attendance in the program is considered
irregular as described in ORS 339.065. + }
SECTION 12. { + (1) An applicant for or recipient of aid shall
not be eligible to receive such aid if the applicant or recipient
is 16 years of age or younger and the person is emancipated for
reason of pregnancy.
(2) The Adult and Family Services Division may modify, cancel
or suspend a grant of aid to an adult recipient who fails to
comply with the terms and conditions of any substance abuse
treatment program in which the aid recipient is required to
participate. + }
SECTION 13. { + (1) A person who receives aid shall attend
classes on parenting, human growth and development, family
planning and independent living skills and career development
training based on an individual employability development plan
developed jointly by the person and the Adult and Family Services
Division.
(2) The provisions of subsection (1) of this section shall not
apply to a person who is enrolled in a training program leading
to employment or an education program leading to a diploma or
certificate.
(3) The division shall coordinate with the State Commission on
Children and Families and regional workforce quality committees
to provide the services described in subsection (1) of this
section. Priority shall be given to utilizing previously existing
job opportunities and basic skills programs and services.
(4) Any person subject to the provisions of this section who
fails to attend classes as specified in the person's individual
employability development plan may be sanctioned, as provided by
rule by the Department of Human Resources. + }
SECTION 14. ORS 418.045 is amended to read:
418.045. (1) The need for and amount of aid to be granted for
any dependent child or relative pursuant to ORS 418.035 to
418.172 shall be determined, in accordance with the rules and
regulations of the Adult and Family Services Division, taking
into account:
(a) The income, resources and maintenance available to such
child and relative from whatever source derived, any expenses
reasonably attributable to the earning of any such income, the
necessary expenditures of the child or relative and the
conditions existing in each case.
(b) The income and financial condition of the stepparent, if
any, of the child for whom aid is sought.
(2) Subsection (1)(b) of this section is not intended to
relieve any father of any legal obligation in respect of the
support of the natural or adopted children of the father.
(3) In the determination of eligibility and the amount of need,
and in any reconsideration thereof, with respect to an applicant
or recipient of aid pursuant to ORS 418.035 to 418.172, such
amounts of income and resources may be disregarded as the
division may prescribe by rules and regulations promulgated by
it. The amounts to be disregarded shall be within the limits
required or permitted by federal laws and by federal rules and
orders thereto applicable.
{ + (4) The division shall reduce the amount of aid granted
pursuant to ORS 418.035 to 418.172 on a pro rata basis to a
unmarried person receiving wages, or a married person living
apart from the spouse, until the person's net wages exceed 125
percent of aid payments.
(5) + } { + The division shall reduce the amount of aid
granted pursuant to ORS 418.035 to 418.172 on a pro rata basis to
a married person who is living with their spouse and is receiving
wages until the person's net wages exceed 150 percent of aid
payments. + }
SECTION 15. ORS 418.130 is amended to read:
418.130. { + (1) + } No person shall, except for purposes
directly connected with the administration of aid to dependent
children and in accordance with the rules of the Adult and Family
Services Division, or the Children's Services Division, whichever
is applicable, solicit, disclose, receive, make use of, or
authorize, knowingly permit, participate in, or acquiesce in the
use of, any list of or names of, or any information concerning,
persons applying for or receiving such aid, directly or
indirectly derived from the records, papers, files or
communications of the Adult and Family Services Division or the
Children's Services Division, whichever is applicable, or
acquired in the course of the performance of official duties.
{ + (2) Notwithstanding subsection (1) of this section, an
employee of the Adult and Family Services Division or the
Children's Services Division shall notify the appropriate law
enforcement agency of the presence of any person known to the
employee to be a fugitive felon in the home of a recipient of
public assistance. The employee shall also report to the law
enforcement agency any activity being conducted in the home of
the recipient that the employee has reasonable cause to believe
is criminal activity. + }
SECTION 16. 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. + }
SECTION 17. { + Section 18 of this Act is added to and made a
part of ORS chapter 411. + }
SECTION 18. { + (1) The Adult and Family Services Division
shall establish an automatic in-state, toll-free, 24-hour
telephone number for callers who wish to report incidents
involving suspected abuse of any public assistance program.
(2) A prerecorded message shall inform callers:
(a) The purpose for which the telephone number is established;
(b) The type of information useful to division investigators;
(c) That the caller may leave a message at the sound of a tone;
and
(d) That the caller is not required to identify the caller or
the source of the information, if other than the caller.
(3) The division shall adopt rules to administer the telephone
number. + }
SECTION 19. { + The Adult and Family Services Division shall
report to the Sixty-ninth Legislative Assembly on the
implementation, effectiveness and projected staffing needs of the
telephone number established under section 18 of this Act. + }
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