2007 Oregon Code - Chapter 458 :: Chapter 458 - Housing and Community Services Programs - Individual Development Accounts
Chapter 458 —
Housing and Community Services Programs;
Individual
Development Accounts
2007 EDITION
HOUSING AND COMMUNITY SERVICES PROGRAMS
PUBLIC HEALTH AND SAFETY
COMMUNITY-BASED HOUSING DEVELOPMENT
458.210Â Â Â Â Community
development corporations; description
458.215Â Â Â Â Local
capacity building program
458.220Â Â Â Â Community
development corporation grants and assistance
458.225Â Â Â Â Preference
for certain community development corporations
458.235Â Â Â Â Rules
458.240Â Â Â Â Effect
of law on other community development corporations
HOUSING REVITALIZATION PROGRAM
458.305Â Â Â Â Legislative
findings
458.310Â Â Â Â Housing
revitalization program; criteria; rules
LOW INCOME RENTAL HOUSING FUND
458.350Â Â Â Â Low
Income Rental Housing Fund established
458.355Â Â Â Â Criteria
for use of fund
458.360Â Â Â Â Appropriation
458.365Â Â Â Â Housing
and Community Services Department to administer Low Income Rental Housing Fund
law
LOW-INCOME HOUSING INVOLVING STATE PROPERTY
458.405Â Â Â Â Legislative
findings
458.410Â Â Â Â Purposes
458.415Â Â Â Â Rules
458.420Â Â Â Â Conveyance
of certain state real property for low-income housing
458.425Â Â Â Â Restriction
on conveyance of certain state real property
458.430Â Â Â Â Authority
of state to lease property not owned by state
458.440Â Â Â Â Authorization
to lease; terms and conditions
458.445Â Â Â Â Authority
to relinquish title to property; purpose
458.450Â Â Â Â Approval
required by governing body where property located
458.460Â Â Â Â Bidding
procedure for multiple applicants
COMMUNITY SERVICES PROGRAMS
458.505Â Â Â Â Community
action agency network as delivery system for federal antipoverty programs;
duties of Housing and Community Services Department
458.510Â Â Â Â Energy
Crisis Trust Fund
458.515Â Â Â Â Advisory
committee
458.525Â Â Â Â Interagency
Council on Hunger and Homelessness; coordination of hunger and homelessness
relief efforts
458.530Â Â Â Â Policy
on hunger
458.532Â Â Â Â Hunger
Relief Task Force
458.535Â Â Â Â Hunger
Relief Account
458.540Â Â Â Â Short
title for ORS 458.530 to 458.545
458.545Â Â Â Â Task
force powers and duties
458.555Â Â Â Â
458.558Â Â Â Â Commission
membership
458.560Â Â Â Â Commission
officers; meetings
458.563Â Â Â Â Director;
employees; nonpolicy rules
458.565Â Â Â Â Advisory
and technical committees
458.568Â Â Â Â Commission
duties
458.570Â Â Â Â Additional
duties
458.573Â Â Â Â Rules
establishing standards and guidelines
458.575Â Â Â Â Solicitation
of moneys by commission
458.577Â Â Â Â Short
title for ORS 458.578
458.578Â Â Â Â Goals
for programs, citizen participation and volunteerism; rules
458.585Â Â Â Â Definitions
for ORS 458.590 and 458.595
458.590Â Â Â Â Recommendations
for screening of volunteers
458.595Â Â Â Â Outreach
program regarding organization and entity screening of volunteers
458.600Â Â Â Â Policy
and intent
458.605Â Â Â Â Findings
458.610Â Â Â Â Definitions
for ORS 458.600 to 458.655
458.620Â Â Â Â Oregon
Housing Fund created; Housing Development and Guarantee Account, Emergency
Housing Account, Home Ownership Assistance Account and Farmworker Housing
Development Account created
458.625Â Â Â Â Disbursement
of account investment revenues in Housing Development and Guarantee Account;
grant and loan preferences; revenue retention
458.630Â Â Â Â Use
of funds in Housing Development and Guarantee Account; preferences; rules
458.650Â Â Â Â Disbursement
of funds in Emergency Housing Account; grant policies
458.655Â Â Â Â Disbursement
of moneys in Home Ownership Assistance Account; grant preferences
458.660Â Â Â Â Disbursement
of moneys in Farmworker Housing Development Account
INDIVIDUAL DEVELOPMENT ACCOUNTS
458.670Â Â Â Â Definitions
for ORS 458.670 to 458.700
458.675Â Â Â Â Legislative
findings
458.680Â Â Â Â Persons
qualifying as account holders
458.685Â Â Â Â Approved
purpose of account; emergency withdrawal; removal of account holder from
program
458.690Â Â Â Â Required
account features; rules
458.695Â Â Â Â Selection
of fiduciary organizations
458.700Â Â Â Â Authority
of fiduciary organizations; rules
COMMUNITY DEVELOPMENT PROJECTS
458.705Â Â Â Â Legislative
findings
458.710Â Â Â Â Community
Development Incentive Advisory Board
458.715Â Â Â Â Advisory
board duties
458.720Â Â Â Â Community
Development Incentive Project Fund; purpose; lottery bond proceeds
458.725Â Â Â Â Fund
appropriation and expenditure guidelines
458.730Â Â Â Â Department
use of financing mechanisms; determination of funding adequacy
458.735Â Â Â Â Department
review of projects; lending criteria
458.740Â Â Â Â Project
facilitation
     458.005 [1989 c.1051 §15; 1993 c.696 §17; 1995 c.377 §1; 2003 c.655 §76a; 2005
c.470 §§1,2; renumbered 307.651 in 2005]
     458.010 [1989 c.1051 §14; 2005 c.470 §3; renumbered
307.654 in 2005]
     458.015 [1989 c.1051 §16; 2005 c.470 §4; renumbered
307.657 in 2005]
     458.020 [1989 c.1051 §17; 1991 c.459 §410; 1997
c.541 §436; 2005 c.470 §6; renumbered 307.664 in 2005]
     458.025 [1989 c.1051 §18; 1991 c.459 §411; 1997
c.541 §437; 2005 c.470 §7; renumbered 307.667 in 2005]
     458.035 [1989 c.1051 §19; 2005 c.470 §8; renumbered
307.671 in 2005]
     458.040 [1989 c.1051 §20; 2005 c.470 §9; renumbered 307.674
in 2005]
     458.045 [1989 c.1051 §21; 1991 c.459 §412; 1995
c.377 §2; 1997 c.541 §438; 2005 c.470 §11; renumbered 307.681 in 2005]
     458.050 [1989 c.1051 §22; 1991 c.459 §413; 2005
c.470 §12; renumbered 307.684 in 2005]
     458.060 [1989 c.1051 §23; 1991 c.459 §414; 1997
c.541 §439; 2005 c.470 §13; renumbered 307.687 in 2005]
     458.065 [1989 c.1051 §24; 1991 c.459 §415; 1995
c.377 §3; 1997 c.541 §440; 2005 c.470 §14; renumbered 307.677 in 2005]
COMMUNITY-BASED
HOUSING DEVELOPMENT
     458.210
Community development corporations; description. For the purposes of ORS 456.550 and 458.210
to 458.240, a community development corporation is an organization that:
     (1) Is established under the provisions of
ORS chapter 65;
     (2) Has qualified for tax exempt status under
section 501(c)(3) of the Internal Revenue Code;
     (3) Has a purpose, stated in the articles
of incorporation, to serve low and moderate income peopleÂ’s need for community
development and community self-help;
     (4) Has a board of directors, of not fewer
than five members, that is locally controlled by including 51 percent of the
board members from the service area; and
     (5) Has a defined geographic service area.
[1989 c.1030 §1]
     458.215
Local capacity building program. The Housing and Community Services Department may establish a program
to build local capacity to address any or a combination of the following:
     (1) Housing needs of people, with low or
moderate incomes, for homeownership and affordable rental housing;
     (2) The problem of abandoned houses;
     (3) The need for adequate housing for
seasonal farm laborers;
     (4) Housing problems for low and moderate
income elderly persons and persons with disabilities;
     (5) The need to incorporate social service
programs as a component of community economic development;
     (6) The preservation of manufactured
dwelling parks that the department determines house a significant percentage of
persons and families of lower income; and
     (7) The need to incorporate related jobs
for low and moderate income persons as a component of community economic
revitalization. [1989 c.1030 §2; 1991 c.907 §1; 1993 c.794 §1; 2007 c.70 §264;
2007 c.607 §24]
     458.220
Community development corporation grants and assistance. In carrying out the provisions of ORS
458.215, the Housing and Community Services Department shall provide any or a
combination of the following:
     (1) Initial planning grants to qualified
nonprofit community-based organizations, including but not limited to housing
authorities and community action agencies, to initiate community development
corporations. To qualify under this subsection, an organization shall obtain
matching funds or in-kind contributions in an amount determined by rule;
     (2) Grants to community development
corporations for projects intended to extend the capacity of the corporation to
meet the housing needs of the service area;
     (3) Grants to community development
corporations for projects that combine community-based social service programs
with related jobs for low and moderate income persons to promote community
economic revitalization; and
     (4) Technical assistance to
community-based organizations, developing community development corporations
and existing community development corporations to carry out the provisions of
ORS 456.550 and 458.210 to 458.240. For purposes of ORS 456.550 and 458.210 to
458.240, technical assistance includes but is not limited to training and
assisting community development corporations with:
     (a) Conducting needs assessments;
     (b) Training boards of directors;
     (c) Recruiting project development teams;
     (d) Determining and applying for available
assistance;
     (e) Conducting feasibility studies;
     (f) Financial planning;
     (g) Preparing project budgets;
     (h) Proposal writing and project
packaging;
     (i) Organizational structure and design;
     (j) Generating local support; and
     (k) Obtaining legal and accounting advice.
[1989 c.1030 §3; 1991 c.907 §2; 1993 c.794 §2]
     458.225
Preference for certain community development corporations. (1) In carrying out the provisions of ORS
456.550 and 458.210 to 458.240, the Housing and Community Services Department
shall give preference to a community development corporation that:
     (a) Has a defined geographic service area
outside an entitlement community or county;
     (b) Has a defined geographic service area
inside an entitlement community or county but does not include more than 50,000
people in the service area;
     (c) Has a defined geographic service area
that includes five or fewer nonentitlement counties; and
     (d) Can demonstrate support from the
community.
     (2) As used in this section, “entitlement
community or county” means any area within the state that is:
     (a) A “metropolitan city” as defined in 42
U.S.C. 5302(4) (1995); or
     (b) An “urban county” as defined in 42
U.S.C. 5302(6) (1995). [1989 c.1030 §4; 1997 c.47 §1]
     458.235
Rules. The Housing and
Community Services Department shall adopt rules to carry out the provisions of
ORS 456.550 and 458.210 to 458.240, including rules to define “persons of low
and moderate income.” [1989 c.1030 §6]
     458.240
Effect of law on other community development corporations. Nothing in ORS 456.550 and 458.210 to
458.240 shall limit the authority or powers of community development
corporations authorized pursuant to ORS 708A.150. [1989 c.1030 §9; 1997 c.631 §475]
HOUSING
REVITALIZATION PROGRAM
     458.305
Legislative findings. The
Legislative Assembly finds that:
     (1) A critical shortage exists of
suitable, affordable housing for households with an income below the median
income. This shortage is particularly acute with respect to rental housing.
     (2) During the past half decade, the
supply of rental housing that is affordable to households at or below the
median income level has not kept pace with the demand.
     (3) The lack of suitable, affordable
housing is a barrier to
     (4) It is in the economic and social
interest of the state to encourage public agencies and private parties to
efficiently expand the supply of housing in
     (5) The quantity of public resources
available to support the expansion and rehabilitation of low and moderate
income housing stock is limited. Consequently, it is the policy of this state
to attempt to target the use of these resources so that a maximum amount of usable
housing product is delivered to
     458.310
Housing revitalization program; criteria; rules. (1) The State Housing Council shall adopt
rules to develop and administer a housing revitalization program for low and
moderate income housing.
     (a) Applicants for revitalization program
funds shall be:
     (A) A unit of local government;
     (B) A housing authority;
     (C) A nonprofit corporation; or
     (D) An applicant eligible under
subparagraph (A), (B) or (C) of this paragraph, who contracts with another
entity, including a private for-profit corporation.
     (b) Housing revitalization projects shall
bring into use vacant and abandoned property or rehabilitate substandard property,
or both. Eligible project activities include, but are not limited to:
     (A) Purchase of property;
     (B) Rehabilitation of housing units;
     (C) New construction to replace units for
which rehabilitation is infeasible;
     (D) Mortgage interest subsidies or
reduction of principal loan amounts; or
     (E) Other activities that have the effect
of making properties available to and occupied by persons of lower income, such
as loan guarantees.
     (c) Projects funded by the housing
revitalization program shall be rental or owner-occupied single or multifamily
housing.
     (d) The housing rehabilitation program
shall create affordable housing in which rent levels are no higher than 30
percent of 80 percent of median income levels.
     (2) Priority shall be given to projects applied
for under subsection (1) of this section that provide opportunities for low and
moderate income persons to own their housing units.
     (3) Priority among rental housing projects
shall be given to projects applied for under subsection (1) of this section
that:
     (a) Have rent levels no higher than 30
percent of 50 percent of the median income level, or less;
     (b) Are owned and operated by a nonprofit
or a governmental unit; and
     (c) Demonstrate a coordinated local effort
to integrate housing, job placement and social services.
     (4) In implementing this section and ORS
458.305, the State Housing Council shall work to assure a reasonable geographic
distribution of funds among different regions of the state and shall place
special emphasis on assuring that funds are available to projects in rural
areas. [1989 c.1016 §2; 1995 c.79 §269]
LOW INCOME
RENTAL HOUSING FUND
     458.350
Low Income Rental Housing Fund established. (1) The Housing and Community Services Department Low Income Rental
Housing Fund is established in the State Treasury, separate and distinct from
the General Fund. Interest earned on the Housing and Community Services
Department Low Income Rental Housing Fund shall be credited to the fund.
     (2) The Housing and Community Services
Department Low Income Rental Housing Fund shall consist of all moneys paid into
the fund under the provisions of ORS 105.130, any voluntary contributions made
to the fund and any interest thereon.
     (3) Costs of administering the program
described in ORS 458.350 and 458.360 shall be paid from the fund. [1989 c.916 §4;
1997 c.801 §35a]
     458.355
Criteria for use of fund.
The Housing and Community Services Department shall adopt criteria for the use
of the Housing and Community Services Department Low Income Rental Housing Fund
by the department including criteria that:
     (1) Restrict the payment of funds to only
those programs that defray the cost of rent for dwelling units for very low
income households.
     (2) Exclude a housing authority
established under the provisions of ORS 456.055 to 456.235 from receiving such
funds for the purpose of defraying the cost of rents on property owned or
actively managed by the housing authority.
     (3) Maximize coordination of services at
the local level to carry out the provisions of ORS 458.365 and this section. [1989
c.916 §6; 1991 c.716 §3; 1997 c.801 §35b]
     458.360
Appropriation. Moneys in the
Housing and Community Services Department Low Income Rental Housing Fund are
continuously appropriated to the Housing and Community Services Department to
administer for the purposes of providing housing for persons and families of
lower income. [1989 c.916 §5]
     458.365
Housing and Community Services Department to administer Low Income Rental
Housing Fund law. The
Housing and Community Services Department shall administer the provisions of
ORS 458.350 to 458.365. [1989 c.916 §8; 1991 c.716 §5; 1997 c.801 §36]
LOW-INCOME
HOUSING INVOLVING STATE PROPERTY
     458.405
Legislative findings. The
Legislative Assembly finds that:
     (1) Safe, affordable and readily available
housing options for low-income individuals and families do not match the
increasing need for such housing in this state.
     (2) Much state-owned property is unused
and could be made available to increase housing options for low-income
individuals and families.
     (3) Unused property kept for long periods
of time generally decreases in value.
     (4) A method to dispose of or transfer
such property and have it utilized for a public purpose is in the interests of
the people of this state.
     (5) It will further the public interest to
put unused state-owned real property at the disposal of nonprofit housing
providers and housing authorities to address the housing needs of low-income
individuals and families in this state. [1989 c.440 §1]
     458.410
Purposes. The purposes of
ORS 458.405 to 458.460 are to provide low-income housing options including but
not limited to:
     (1) Transitional and emergency housing for
low-income individuals and families as long as this type of housing is
accompanied by adequate supporting social services; and
     (2) Permanent low-income housing units. [1989
c.440 §2]
     458.415
Rules. In carrying out ORS
458.405 to 458.460, the state shall act by and through its duly constituted
board, commission or agency. The state by statute or through its respective
board, commission or agency, may provide rules necessary to carry out ORS
458.405 to 458.460. [1989 c.440 §3; 1995 c.79 §270]
     458.420
Conveyance of certain state real property for low-income housing. Whenever the state or any state agency
possesses or controls real property that might be used to further the public
use of providing housing options for low-income individuals and families that
is unused for any other public purpose and in which no long-term policy exists
to use it for another public purpose, then the state or its agency may sell,
convey or lease for a period not to exceed 99 years, all or any part of its
interest in the property to a nonprofit organization involved with providing
low-income housing options or to a housing authority. The consideration for the
transfer may be cash or real property, or both. [1989 c.440 §4]
     458.425
Restriction on conveyance of certain state real property. Real property needed for a public use other
than low-income housing shall not be sold, exchanged, leased or conveyed under
the authority of ORS 458.405 to 458.460. [1989 c.440 §5]
     458.430
Authority of state to lease property not owned by state. (1) The authority to lease property granted
by ORS 458.420 includes authority to lease property not owned or controlled by
the state at the time of entering the lease. Such lease shall be conditioned
upon the subsequent acquisition of the interest covered by the lease.
     (2) Any lease of state real property to be
used for the purposes of ORS 458.405 to 458.460 exceeding five years shall be
approved in advance by the Oregon Department of Administrative Services. [1989
c.440 §6]
     458.440
Authorization to lease; terms and conditions. Every lease entered into pursuant to ORS 458.405 to 458.460 shall be
authorized by order of the state agency executing the lease and shall provide
such terms and conditions as may be fixed by the government body executing the
lease. [1989 c.440 §7]
     458.445
Authority to relinquish title to property; purpose. The state is hereby granted express power to
relinquish the title to any of its property not needed for another public
purpose to the United States Government or any other governmental body,
political subdivision, housing authority or nonprofit organization involved
with providing low-income housing, in order to promote the public purpose of
increasing housing options for low-income individuals and families in this
state. [1989 c.440 §8]
     458.450
Approval required by governing body where property located. Before the transfer of any state-owned real
property under the provisions of ORS 458.405 to 458.460 to a housing authority
or a nonprofit organization involved with providing low-income housing to
individuals and families in this state, the state or its agency, board or commission
shall obtain approval of the governing body in which such property is located. [1989
c.440 §9]
     458.460
Bidding procedure for multiple applicants. In the event that more than one housing authority or appropriate
nonprofit organization is interested in a building available for transfer under
ORS 458.405 to 458.460, the state or its agency shall conduct a bidding process
that takes into account:
     (1) The entity most capable of delivering
services and housing options to conform with the purpose of ORS 458.405 to
458.460;
     (2) The fiduciary obligation of the state
and its agencies to bondholders; and
     (3) Financial prudence. [1989 c.440 §10]
COMMUNITY
SERVICES PROGRAMS
     458.505
Community action agency network as delivery system for federal antipoverty
programs; duties of Housing and Community Services Department. (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
     (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;
     (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
which 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 shall not overlap.
     (f) Have an accounting system which 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, national origin or sex, 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
     (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
     (i) Limit its administrative budget in an
effort to maximize the availability of antipoverty federal and state funds for
expenditures by local eligible entities. [Formerly 184.802; 1997 c.249 §156;
2003 c.14 §289; 2003 c.186 §15]
     Note: The amendments to 458.505 by section 28,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 458.505 by section 28, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 458.505, as amended by section
28, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     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;
     (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
     (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
     (i) Limit its administrative budget in an
effort to maximize the availability of antipoverty federal and state funds for
expenditures by local eligible entities.
     458.510
Energy Crisis Trust Fund.
(1) There is established an Energy Crisis Trust Fund, separate and distinct
from the General Fund, in the State Treasury. As permitted by federal court
decisions, federal statutory requirements and administrative decisions, funds
from the Petroleum Violation Escrow Fund made available to the Housing and
Community Services Department for the Energy Crisis Trust Fund and any gift,
grant, appropriation or donation for the purpose of the Energy Crisis Trust
Fund shall be deposited by the State Treasurer and credited to the Energy
Crisis Trust Fund. The State Treasurer shall credit monthly to the fund any
interest or other income derived from the fund or the investing of the fund.
All moneys in the fund are continuously appropriated to the Housing and
Community Services Department for the purpose of providing low income home
energy assistance.
     (2) If moneys are donated to the fund for
low income energy assistance by a home heating fuel or energy service provider
that allows its customers to contribute to the program, that money so donated
shall be redistributed through the Energy Crisis Trust Fund only within the
service area of that home heating fuel or energy service provider.
     (3) The Housing and Community Services
Department shall contract with a private nonprofit or public organization or
agency for the distribution of moneys in the Energy Crisis Trust Fund. The
department or the contractor shall administer and distribute the funds in
accordance with:
     (a) The Low Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8621 et seq.);
     (b) The Petroleum Violation Escrow Fund
regulations; and
     (c) The recommendations of the advisory
committee established in ORS 458.515. [Formerly 184.803; 1997 c.249 §157]
     458.515
Advisory committee. (1) The
Director of the Housing and Community Services Department shall appoint an
advisory committee whose members shall be appointed based on a demonstrated
interest in and knowledge of low income energy assistance programs and broadly
representative of organizations, fuel providers and consumer groups that
represent low income persons, particularly elderly persons and persons with
disabilities and have special qualifications with respect to solving the energy
consumption problems of low income persons.
     (2) The committee shall meet not less than
twice a year to advise and assist the Housing and Community Services Department
in regard to rules, policies and programs regarding low income energy
assistance programs provided for under ORS 458.510. [Formerly 184.804; 1997
c.249 §158; 2007 c.70 §265]
     458.525
Interagency Council on Hunger and Homelessness; coordination of hunger and
homelessness relief efforts.
(1) The Housing and Community Services Department shall serve as the lead
public body on hunger and homelessness issues.
     (2) 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
     (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) 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) 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
     (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) 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) 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. [1993 c.271 §1; 1997 c.249 §159;
2001 c.109 §1; 2001 c.900 §202; 2007 c.145 §1]
     458.530
Policy on hunger. (1) 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)
     (2) 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) 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 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. [Formerly 411.848; 2007 c.145 §2]
     Note: 458.530, 458.532 and 458.545 were added to
and made a part of ORS chapter 411 by legislative action but were not added to
or made a part of ORS chapter 458 or any series therein. See Preface to Oregon
Revised Statutes for further explanation.
     458.532
Hunger Relief Task Force.
(1) The Hunger Relief Task Force is established in the Housing and Community
Services Department. The task force shall consist of not more than 28 members
appointed as follows:
     (a) The President of the Senate shall
appoint one member from among members of the Senate.
     (b) The Senate Minority Leader shall
appoint one member from among members of the Senate.
     (c) The Speaker of the House of
Representatives shall appoint one member from among members of the House of
Representatives.
     (d) The House Minority Leader shall
appoint one member from among members of the House of Representatives.
     (e) The Director of the Housing and
Community Services Department, with the advice of the Director of Human
Services, shall appoint the following:
     (A) One member representing the Department
of Education who has experience in child nutrition programs.
     (B) One member representing the Department
of Human Services who has experience in food stamp programs.
     (C) One member representing the Department
of Human Services who has experience in the Women, Infants and Children
program.
     (D) One member representing the State
Department of Agriculture.
     (E) One member representing the Oregon
Food Bank.
     (F) One member representing
     (G) One member representing an
     (H) One member who is a student at an
institution of higher education.
     (I) One member representing the Community
Action Directors of Oregon.
     (J) One member representing the food
retailing industry.
     (K) One member representing the food
growing and processing industries.
     (L) One member who is a direct service
provider.
     (M) One member representing county
government.
     (N) One member representing the migrant
community.
     (O) Three members representing the
religious community.
     (P) One member representing the Housing
and Community Services Department.
     (Q) No more than six additional members
having qualifications other than those of members described in subparagraphs
(A) to (P) of this paragraph.
     (2) A member serves for a three-year term.
A member may be reappointed.
     (3) If there is a vacancy for any cause,
the appointing authority shall make an appointment to become immediately
effective for the unexpired term. The appointing authority may appoint a
replacement for any member of the task force who misses more than two
consecutive meetings of the task force.
     (4) One-half of the task force membership
constitutes a quorum for the transaction of business.
     (5) The Director of the Housing and
Community Services Department shall provide the task force with staff support
the director deems appropriate, by using Housing and Community Services
Department employees or by contract. The director shall also provide for the
payment of appropriate task force operating expenses. [Formerly 411.849; 2001
c.900 §203; 2007 c.145 §3]
     Note: See note under 458.530.
     458.535
Hunger Relief Account. (1)
The Hunger Relief Account is established in the State Treasury separate and
distinct from the General Fund. Interest earned by the account shall be
credited to the account.
     (2) Moneys in the account are continuously
appropriated to the Housing and Community Services Department to carry out the
purposes of ORS 458.530 to 458.545.
     (3) The department may apply for and
accept gifts, grants and donations for deposit to the account. [2007 c.145 §6]
     458.540
Short title for ORS 458.530 to 458.545. ORS 458.530 to 458.545 may be cited as the “Oregon Hunger Relief Act.”
[Formerly 411.851; 2005 c.22 §330]
     458.545
Task force powers and duties.
The Hunger Relief Task Force shall:
     (1) Serve within government and in the
state at large as an advocate for hungry persons.
     (2) Participate in coordinating the
effective and efficient provision of services to hungry citizens so that the
services will be readily available to the greatest number over the widest
geographic area; assure that information on these services is available in each
locality, utilizing whenever possible existing information services; and assure
that each new service receives maximum publicity at the time it is initiated.
     (3) Have authority to study programs and
budgets of those public bodies or private entities willing to cooperate, and
all state agencies, that provide services or funding directed at the
alleviation or eradication of hunger.
     (4) Have authority to study any concepts
regarding the alleviation or eradication of hunger within this state.
     (5) Make any recommendations or proposals
the task force deems appropriate to the Interagency Council on Hunger and
Homelessness, the Governor, the Legislative Assembly or others. Such
recommendations shall be designed to provide coordination of programs for
hungry persons, to avoid unnecessary duplication in provision of services, to
point out gaps in provision of services and to recommend ways of filling gaps
in services. The task force also shall recommend development of a comprehensive
plan for delivery of services to hungry persons. In carrying out these tasks,
the task force shall coordinate its efforts with other advisory groups or
entities with similar or related responsibilities to avoid duplication of
effort.
     (6) Encourage, by expansion of existing
activities and programs for the hungry, by school programs, by meals-on-wheels,
by counseling or by other means, public and private development of nutrition
programs for hungry citizens that prevent or minimize hunger and illness which
is related to hunger or nutritional deficiencies.
     (7) Conduct research and other appropriate
activities to determine:
     (a) The dimensions of hunger in the state;
     (b) The availability and accessibility of
emergency food in all areas of the state;
     (c) The opportunities for public and
private partnerships in the areas of food and nutrition;
     (d) The participation rates of eligible
persons in all federal food programs, especially food stamps;
     (e) The identification of persons needing
food and nutrition services who are not eligible under existing programs;
     (f) Barriers to the participation of
eligible persons in food and nutrition programs; and
     (g) The impact of economic changes on food
and nutrition programs.
     (8) Prepare and disseminate an annual
report on the status of hunger in the state, efforts being made to alleviate
and eradicate hunger, and proposals and recommendations for strengthening
progress toward the eradication of hunger. [Formerly 411.850; 2007 c.145 §8]
     Note: See note under 458.530.
     458.555
     (2) The commission shall consist of at
least 15 members appointed by the Governor and may consist of not more than 25
members appointed by the Governor.
     (3) The term of office of each member is
three years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on the first day of the next following month. A member is
eligible for reappointment. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the unexpired
term.
     (4) The appointment of the members of the
commission is subject to confirmation by the Senate in the manner prescribed in
ORS 171.562 and 171.565.
     (5) A member of the commission is entitled
to receive, from moneys available to the commission, actual and necessary
travel and other expenses incurred in the performance of official duties as
provided in ORS 292.495. [2001 c.848 §1; 2005 c.29 §1]
     Note: 458.555 to 458.575 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
458 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     458.558
Commission membership. (1)
The members of the Oregon Volunteers Commission for Voluntary Action and
Service must be citizens of this state who have a proven commitment to
community service and who have a demonstrated interest in fostering and
nurturing citizen involvement as a strategy for strengthening communities and
promoting the ethic of service in all sectors of this state.
     (2) The Governor shall appoint as members
of the commission at least one of each of the following:
     (a) An individual with experience in
educational, training and development needs of youth, particularly disadvantaged
youth.
     (b) An individual with experience in
promoting involvement of older adults in service and volunteerism.
     (c) A representative of community-based
agencies or organizations within this state.
     (d) The Superintendent of Public
Instruction or designee.
     (e) A representative of local governments
in this state.
     (f) A representative of local labor unions
in this state.
     (g) A representative of business.
     (h) A person at least 16, but not more
than 25, years of age who is a participant or supervisor in a national service
program.
     (i) A representative of a national service
program described in 42 U.S.C. 12572(a).
     (3) In addition to appointing members
under subsection (2) of this section, the Governor may appoint as members
individuals from the following groups:
     (a) Educators.
     (b) Experts in the delivery of human,
educational, environmental or public safety services to communities and
individuals.
     (c) Members of Native American tribes.
     (d) At-risk youths who are out of school.
     (e) Entities that receive assistance under
the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).
     (4) In making appointments of members
described in subsections (2) and (3) of this section, the Governor shall ensure
that:
     (a) No more than 50 percent of the appointed
members are from the same political party; and
     (b) No more than 25 percent of the
appointed members are state employees. [2001 c.848 §3; 2005 c.29 §2]
     Note: See note under 458.555.
     458.560
Commission officers; meetings.
(1) The Oregon Volunteers Commission for Voluntary Action and Service shall
select a commission member as chairperson and another as vice chairperson, for
terms, and with duties and powers necessary for the performance of the
functions of those offices, as the commission determines.
     (2) A majority of the members of the
commission constitutes a quorum for the transaction of business.
     (3) The commission shall meet at least
once every three months at a place, day and hour determined by the commission.
The commission shall meet at other times and places specified by the call of
the chairperson or of a majority of the members of the commission. [2001 c.848 §4;
2005 c.29 §3]
     Note: See note under 458.555.
     458.563
Director; employees; nonpolicy rules. (1) The Oregon Volunteers Commission for Voluntary Action and Service
shall appoint a director to serve at the pleasure of the commission. The
director must have experience and education in public administration or
nonprofit management.
     (2) The designation of the director must
be by written order, filed with the Secretary of State.
     (3) Subject to any applicable provisions
of the State Personnel Relations Law, the director shall appoint all
subordinate officers and employees of the commission, prescribe their duties
and fix their compensation.
     (4) The director of the commission shall
report to, and comply with the directions of, the Director of the Housing and
Community Services Department in the development and administration of
non-policymaking activities, including but not limited to rules and other
directions for commission personnel, fiscal practices and purchasing of
commission supplies. [2001 c.848 §5; 2003 c.639 §2; 2005 c.29 §4]
     Note: See note under 458.555.
     458.565
Advisory and technical committees. (1) The Oregon Volunteers Commission for Voluntary Action and Service
may establish advisory and technical committees as the commission considers
necessary to aid and advise the commission in the performance of commission
functions. These committees may be continuing or temporary committees. The
commission shall determine the representation, membership, terms and
organization of the committees and shall appoint the committee members.
     (2) Members of the committees are not
entitled to compensation, but at the discretion of the commission may be
reimbursed, from moneys available to the commission, for actual and necessary
travel and other expenses incurred by them in the performance of their official
duties, as provided in ORS 292.495. [2001 c.848 §7; 2005 c.29 §5]
     Note: See note under 458.555.
     458.568
Commission duties. The
Oregon Volunteers Commission for Voluntary Action and Service shall:
     (1) Develop programs and provide oversight
and administration of programs granted to this state by the Corporation for
National and Community Service under the National and Community Service Trust
Act of 1993, as amended, (P.L. 103-82).
     (2) Prepare state applications to the
Corporation for National and Community Service for financial assistance for
state-based service programs.
     (3) Develop a statewide plan that is
designed to meet or exceed the
     (4) Develop projects, training methods,
curriculum materials and other materials and activities related to state
service programs that receive assistance directly from the Corporation for
National and Community Service.
     (5) To engage citizens in service and to
strengthen communities, create statewide access for all
     (a) Evaluating the status of volunteerism
in the public, private and nonprofit sectors of this state;
     (b) Examining methods to strengthen the
capacity of volunteer organizations to support citizen involvement; and
     (c) Educating all citizens about the
importance of citizen involvement and voluntary action.
     (6) Encourage youth and young adults to
engage in their communities through voluntary action by:
     (a) Assisting efforts to inform young
Oregonians about opportunities for involvement in the public, private and
nonprofit sectors;
     (b) Promoting the value of service
learning as an educational strategy in the kindergarten through higher
educational systems; and
     (c) Collaborating with groups to advocate
for youth voice in the public, private and nonprofit governing structures.
     (7) Promote recognition of volunteerism
and service into the daily operation of public, private and nonprofit sectors
throughout the state by:
     (a) Promoting a statewide volunteer
recognition plan open to all sectors; and
     (b) Assisting efforts by
     (8) Biennially submit a report to the
Governor and the Legislative Assembly as provided under ORS 192.230 to 192.245:
     (a) Detailing commission activities during
the preceding two-year period;
     (b) Reviewing and summarizing, to the
extent the commission deems relevant, the content of reports accepted by the
commission on behalf of the Governor;
     (c) Assessing the state of volunteerism in
     (d) Containing specific recommendations
for any additional legislation the commission deems necessary to carry out the
purpose of the Oregon Volunteer and Community Service Act or to improve the
effectiveness or efficiency of the commission. [2001 c.848 §2; 2005 c.29 §6;
2007 c.6 §3]
     Note: See note under 458.555.
     458.570
Additional duties. (1) The
Oregon Volunteers Commission for Voluntary Action and Service shall act in all
respects as the successor to the Oregon Commission for National and Community
Service formed in response to the National and Community Service Trust Act of
1993.
     (2) The Oregon Volunteers Commission for
Voluntary Action and Service shall act at all times in compliance with the
requirements imposed upon a state commission by the National and Community
Service Trust Act of 1993 in effect on January 1, 2006. [2001 c.848 §9; 2005
c.29 §7]
     Note: See note under 458.555.
     458.573
Rules establishing standards and guidelines. In accordance with applicable provisions in ORS chapter 183, the
Oregon Volunteers Commission for Voluntary Action and Service may adopt rules:
     (1) Establishing standards and guidelines
for applications for grants; and
     (2) Establishing standards and
requirements for administration of programs funded by grants. [2001 c.848 §6;
2005 c.29 §8]
     Note: See note under 458.555.
     458.575
Solicitation of moneys by commission. The Oregon Volunteers Commission for Voluntary Action and Service may
apply for and accept grants, contributions and assistance from any federal,
state or local government agency and any foundation, individual or organization
for the purposes of:
     (1) Performing commission duties under ORS
458.568;
     (2) Implementing programs and policies
necessary to carry out the duties, functions and powers of the commission; or
     (3) Assisting citizens and public and
private entities in implementing commission programs and policies adopted under
the Oregon Volunteer and Community Service Act. [2001 c.848 §8; 2005 c.29 §9;
2007 c.6 §4]
     Note: See note under 458.555.
     458.577
Short title for ORS 458.578.
ORS 458.578 may be cited as the Oregon Volunteer and Community Service Act. [2007
c.6 §1]
     Note: 458.577 and 458.578 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
458 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     458.578
Goals for programs, citizen participation and volunteerism; rules. (1) The Legislative Assembly declares that
the purpose of this section is to promote the development of better communities
by using citizen participation and volunteerism to foster greater civic
responsibility.
     (2) The Oregon Volunteers Commission for
Voluntary Action and Service shall identify goals to develop and facilitate the
initiation of public and private entity programs that will encourage and reward
citizen participation and volunteerism. The Housing and Community Services
Department may adopt rules and develop procedures appropriate to foster the
initiation of programs that fulfill the citizen participation and volunteerism
goals recommended by the commission. The programs developed and facilitated by
the commission goals and department rules and procedures must have one or more
of the following objectives:
     (a) To place increased priority on citizen
participation and volunteerism as a means for addressing complex problems
facing
     (b) To encourage community leaders to
implement strategies that recognize community volunteers as a valuable and
much-needed asset for expanding civic responsibility.
     (c) To promote the concept and practice of
business and corporate volunteering, with emphasis on communities where
business and corporate volunteering initiatives are less developed.
     (d) To increase the enthusiasm, dedication
and combined expertise of citizens and public and private entities for creating
new ways to effectively use citizen participation and volunteerism in meeting
the current and future challenges facing Oregon communities.
     (e) To increase the alignment between
community volunteer resources and the goals of the state.
     (f) To implement policy and administrative
changes that encourage and enable citizen participation and volunteerism by
individuals.
     (g) To encourage nonprofit agencies to
increase effectiveness and efficiency by including the use of volunteers in
their service delivery systems.
     (h) To promote and support the concept of
participation and volunteerism by all citizens as an effective means to address
community needs and achieve a collective commitment to lifelong community
service.
     (i) To recognize National Volunteer Week
as a time for encouraging citizens to participate in community service
projects.
     (j) To recognize the importance of
individual volunteers and of volunteer and service organizations and to honor
and celebrate the success of volunteers. [2007 c.6 §2]
     Note: See note under 458.577.
     458.585
Definitions for ORS 458.590 and 458.595. As used in ORS 458.590 and 458.595:
     (1) “Child” means a person under 18 years
of age.
     (2) “Organizations and entities” means
religious, charitable, scientific, educational, athletic or service
organizations or local government entities that use volunteers.
     (3) “Services” means the provision of
care, treatment, education, training, instruction, supervision, transportation,
recreation or support.
     (4) “Unsupervised access” means a person
is in the physical presence of a child or vulnerable person and:
     (a) If in an enclosure, that no additional
person aged 18 years or older is in the same enclosure as the person and the
child or vulnerable person; or
     (b) If outdoors, that no additional person
aged 18 years or older:
     (A) Is within 30 yards of the person and
the child or vulnerable person; or
     (B) Has visual contact with the person and
with the child or vulnerable person.
     (5) “Vulnerable person” means a person
who:
     (a) Is not a child;
     (b) Is in need of services because of
mental or other disability, age or illness; and
     (c) Is unable to take care of themselves
or protect themselves against exploitation or significant harm. [2007 c.82 §1]
     Note: 458.585 to 458.595 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
458 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     458.590
Recommendations for screening of volunteers. The Oregon Volunteers Commission for Voluntary Action and Service
shall adopt a set of recommended best practices for use by organizations and
entities in screening volunteers. The commission shall give special attention
to developing recommended best practices for screening volunteers who have
unsupervised access to a child or vulnerable person. The commission shall:
     (1) Develop practices that include, but
need not be limited to, practices for screening and supervising volunteers; and
     (2) Develop a recommendation for
conducting a criminal records check before a volunteer assumes duties or
provides services that may give the volunteer unsupervised access to a child or
vulnerable person on a regular basis. [2007 c.82 §2]
     Note: See note under 458.585.
     458.595
Outreach program regarding organization and entity screening of volunteers. (1) The Oregon Volunteers Commission for
Voluntary Action and Service shall establish and maintain an outreach program
that makes available to organizations and entities information about:
     (a) The best methods for screening and
supervising volunteers;
     (b) How to obtain a criminal records check
of a volunteer;
     (c) Confidentiality issues relating to
criminal records check reports; and
     (d) Keeping records of criminal records
checks conducted by the organization or entity.
     (2) The outreach program information made
available under this section, including any recommendations contained in the
program information, does not create a basis for imposing liability on persons
that do not adhere to the program information. [2007 c.82 §3]
     Note: See note under 458.585.
     Note: Section 4, chapter 82, Oregon Laws 2007,
provides:
     Sec.
4. The Oregon Volunteers
Commission for Voluntary Action and Service shall begin making outreach program
information described in section 3 of this 2007 Act [458.595] available to
organizations and entities no later than one year after the effective date of
this 2007 Act [January 1, 2008]. [2007 c.82 §4]
     458.600
Policy and intent. It is
declared to be the policy and intent of the Legislative Assembly that the State
of
     (1) Shall assist in improving the quality
of life of homeless persons within this state by insuring the availability of
an appropriate range of residential opportunities.
     (2) Shall seek to reduce the number of
homeless people in this state. [1991 c.736 §1]
     458.605
Findings. The Legislative
Assembly finds that:
     (1) The number of people who are homeless
is on the rise in this state, as across the nation.
     (2) Homeless people can be found in every
county and city in this state.
     (3) Family members, including children,
represent the majority of the increase in the homeless population.
     (4) Facilitating housing for families with
children reduces the need for other state services such as foster care and
child abuse treatment.
     (5) Facilitating shelter so that homeless
people do not have to live outdoors or in cars reduces weather-related illness,
thereby reducing health care costs and services required for this population.
     (6) Developing affordable housing in
     458.610
Definitions for ORS 458.600 to 458.655. For purposes of ORS 458.600 to 458.655:
     (1) “Council” means the State Housing
Council established in ORS 456.567.
     (2) “Department” means the Housing and
Community Services Department established in ORS 456.555.
     (3) “Low income” means individuals or
households that receive more than 50 percent but less than 80 percent of the
area median income as determined by the council based on information from the
United States Department of Housing and Urban Development.
     (4) “Organization” means a:
     (a) Nonprofit corporation established
under ORS chapter 65;
     (b) Housing authority established under
ORS 456.055 to 456.235; or
     (c) Local government as defined in ORS
197.015.
     (5) “Persons with disabilities” means
persons with handicaps described in 42 U.S.C. 3602(h).
     (6) “Very low income” means individuals or
households which receive less than 50 percent of the area median income as
determined by the council based on information from the United States
Department of Housing and Urban Development. [1991 c.740 §2; 1995 c.79 §271;
2007 c.70 §266]
     458.620
     (2) All earnings on investment of moneys
in the Housing Development and Guarantee Account shall accrue to that account.
All earnings on investment of moneys in the Emergency Housing Account shall
accrue to that account. All earnings on investment of moneys in the Home
Ownership Assistance Account shall accrue to that account. All earnings on
investment of moneys in the Farmworker Housing Development Account shall accrue
to that account.
     (3)(a) Moneys in the Housing Development
and Guarantee Account are appropriated continuously to the Housing and
Community Services Department to carry out the provisions of ORS 458.625 and
458.630.
     (b) Moneys in the Emergency Housing
Account are appropriated continuously to the Housing and Community Services
Department to carry out the provisions of ORS 458.650.
     (c) Moneys in the Home Ownership
Assistance Account are appropriated continuously to the Housing and Community
Services Department to carry out the provisions of ORS 458.655.
     (d) Moneys in the Farmworker Housing
Development Account are appropriated continuously to the Housing and Community
Services Department to carry out the provisions of ORS 458.660.
     (4) Moneys deposited in the Oregon Housing
Fund pursuant to subsection (5) of this section shall be credited to the
Housing Development and Guarantee Account.
     (5) Individuals and corporations, both for
profit or nonprofit, may make monetary contributions to the Housing Development
and Guarantee Account. [1991 c.740 §§3,8; 1995 c.174 §1; 2001 c.310 §§2,3]
     458.625
Disbursement of account investment revenues in Housing Development and
Guarantee Account; grant and loan preferences; revenue retention. (1) The Housing and Community Services
Department may disburse the revenue earned from investment of the principal in
the Housing Development and Guarantee Account to expand this stateÂ’s supply of
housing for low and very low income families and individuals, including, but
not limited to, housing for persons over 65 years of age, persons with
disabilities, farmworkers and Native Americans. The State Housing Council shall
have a policy that provides for distribution by the department of account
investment revenue disbursements statewide while concentrating account
investment revenue disbursements in those areas of the state with the greatest
need for low and very low income housing, as determined by the council.
     (2) The department may disburse account
investment revenue, in the form of grants or loans as determined by the
department, for any or all of the following purposes:
     (a) To organizations as defined in ORS
458.610 and to for-profit business entities to construct new housing or to
acquire or rehabilitate existing structures, or both, for housing for persons
of low or very low income, or both;
     (b) To provide nonprofit organizations, as
set forth in ORS 458.210 to 458.240, technical assistance or predevelopment
costs, or both. Predevelopment costs include, but are not limited to, site
acquisition, architectural services and project consultants. Predevelopment
costs do not include costs described in paragraph (c) of this subsection;
     (c) For costs to develop nonprofit
organizations that show sufficient evidence of having strong community support
and a strong likelihood of producing low or very low income housing. Account
investment revenue may not be used by an organization for its general
operations;
     (d) To match public and private moneys
available from other sources for purposes of production of low or very low
income housing; or
     (e) For purposes of administration of the
account, not to exceed five percent of the account investment revenue.
     (3) The department shall give preference
in making grants or loans to those entities that the department determines will:
     (a) Provide the greatest number of low and
very low income housing units constructed, acquired or rehabilitated for the
amount of account investment revenue expended by matching account investment
revenue with other grant, loan or eligible in-kind contributions;
     (b) Ensure the longest use for the units
as low or very low income housing units; or
     (c) Include social services to occupants
of the proposed housing, including but not limited to, programs that address
home health care, mental health care, alcohol and drug treatment and
post-treatment care, child care and case management.
     (4) Account investment revenue derived in
any calendar year may be used to construct, acquire or rehabilitate housing for
low and very low income persons but not more than 25 percent of the account
investment revenue derived in any calendar year may be used to construct,
acquire or rehabilitate housing for low income households. Account investment
revenue not disbursed by the department as grants or loans to construct, acquire
or rehabilitate low or very low income housing may be retained and credited as
account principal.
     (5) Loans disbursed from account
investment revenue shall bear an interest rate equal to the interest rate paid
on United States Treasury long-term obligations as identified by the
department. [1991 c.740 §5; 1999 c.283 §1; 2003 c.743 §5; 2007 c.70 §267]
     458.630
Use of funds in Housing Development and Guarantee Account; preferences; rules. (1)(a) The Housing and Community Services
Department may hold and use the principal that is credited to the Housing
Development and Guarantee Account as the Guarantee Fund. The department may use
the fund to guarantee repayment of loans made to finance the construction,
development, acquisition or rehabilitation of low income housing, of the
commercial component of a structure that contains both commercial property and
low income housing, or of both. The department, by rule, shall specify the
grounds on which it may deny loan guarantees for a structure that contains both
commercial and low income housing components. The grounds for denial specified
by the department must include, but need not be limited to, a commercial
component that is excessive in scope or that is designed for commercial
activity of a type incompatible with residential housing. The State Housing
Council shall review loans that are guaranteed by the fund to ensure that the
loans meet prudent underwriting standards.
     (b) A guarantee may not be prepared or
construed in such a manner as to violate the provisions of section 7, Article
XI of the Oregon Constitution.
     (2) The department may not issue any loan
guarantee under this section that guarantees the repayment of more than 50
percent of the original principal balance of any loan.
     (3) The department may not issue a loan
guarantee if the guarantee would cause the aggregate dollar total of all loan
guarantees issued by the department under this section to exceed two times the
total amount then in the Guarantee Fund established under subsection (1) of
this section. Notwithstanding ORS 458.625, whenever payouts on loan guarantees
cause the fund principal to decrease by five percent or more, the interest on
the fund shall be deposited only to the principal account until the amount of
the fund principal lost due to payouts on loan guarantees is restored.
     (4) Subject to council review under
subsection (1) of this section, the department shall give preference for loan
guarantees under this section to loans for the construction, development,
acquisition or rehabilitation of low income housing, or of structures
containing both commercial and low income housing components, that the
department determines will:
     (a) Provide the greatest number of low
income housing units constructed, acquired, developed or rehabilitated for the
amount of guarantee allowed;
     (b) Ensure the longest possible use for
the units as low income housing units. Pursuant to this end, the State Housing
Council may adopt a formula that optimizes the interests of the lender and the
developer and the working life of the low income units; or
     (c) Include a program of services for the
occupants of the proposed housing including, but not limited to, programs that
address home health care, mental health services, alcohol and drug treatment
and post-treatment care, child care and case management.
     (5) The council may adopt a policy that
gives loan guarantee preference to loans for low income housing, or structures
containing both commercial and low income housing components, for which the
department has provided a grant, loan, tax credit or other investment. [1991
c.740 §6; 1993 c.2 §1; 1997 c.329 §1; 2003 c.20 §1; 2003 c.743 §6; 2007 c.607 §25]
     458.650
Disbursement of funds in Emergency Housing Account; grant policies. (1) The Emergency Housing Account shall be
administered by the Housing and Community Services Department to assist
homeless persons and those persons who are at risk of becoming homeless. For
purposes of this section, “account” means the Emergency Housing Account.
     (2) The State Housing Council shall
develop policy for giving grants to organizations that shall use the funds to
provide to low and very low income persons, including but not limited to,
persons more than 65 years of age, persons with disabilities, farmworkers and
Native Americans:
     (a) Emergency shelters and attendant
services;
     (b) Transitional housing services designed
to assist persons to make the transition from homelessness to permanent housing
and economic independence;
     (c) Supportive housing services to enable
persons to continue living in their own homes or to provide in-home services
for such persons for whom suitable programs do not exist in their geographic
area;
     (d) Programs that provide emergency
payment of home payments, rents or utilities; or
     (e) Some or all of the needs described in
paragraphs (a) to (d) of this subsection.
     (3)(a) The council shall require as a
condition of awarding a grant that the organization demonstrate to the
satisfaction of the council that the organization has the capacity to deliver
any service proposed by the organization.
     (b) Any funds granted under this section
shall not be used to replace existing funds. Funds granted under this section
may be used to supplement existing funds. An organization may use funds to
support existing programs or to establish new programs.
     (c) The council, by policy, shall give
preference in granting funds to those organizations that coordinate services
with those programs established under ORS 458.625.
     (4) The department may expend for
administration of the account no more than five percent of the account
appropriation. [1991 c.740 §7; 2007 c.70 §268]
     458.655
Disbursement of moneys in Home Ownership Assistance Account; grant preferences. (1) The Home Ownership Assistance Account
shall be administered by the Housing and Community Services Department to
expand the stateÂ’s supply of homeownership housing for low and very low income
families and individuals, including, but not limited to, housing for persons
over 65 years of age, persons with disabilities, farmworkers and Native
Americans. The State Housing Council shall have a policy of distributing funds
statewide while concentrating funds in those areas of the state with the
greatest need, as determined by the council, for low and very low income
homeownership housing. However, the councilÂ’s policy of distributing funds may
differ from the distribution policy for the Housing Development and Guarantee
Account.
     (2) Funds in the Home Ownership Assistance
Account shall be granted to organizations, as defined in ORS 458.610, that both
sponsor and manage low income homeownership programs, including lease-to-own
programs, for the construction of new homeownership housing or for the
acquisition or rehabilitation of existing structures for homeownership housing
for persons of low or very low income, or both.
     (3) The council shall develop a policy for
disbursing grants for any or all of the following purposes:
     (a) To aid low income homeownership
programs, including program administration, in purchasing land, providing assistance
with down payment costs, or providing homeownership training and qualification
services or any combination thereof. No Home Ownership Assistance Account funds
shall be used by an organization for its general operations or for a
substantial portion of construction or rehabilitation costs;
     (b) To match public and private moneys
available from other sources for purposes of the provision of low or very low
income homeownership housing; or
     (c) To administer the Home Ownership
Assistance Account, not to exceed five percent of the revenue.
     (4) The council, in developing policy
under subsection (3) of this section, shall give preference in making grants to
those entities that propose to:
     (a) Provide the greatest number of low and
very low income homeownership housing units constructed, acquired or
rehabilitated for the amount of account money expended by matching account
funds with other grant, loan or eligible in-kind contributions;
     (b) Ensure the longest use for the units
as low or very low income homeownership housing units, such as by including
some form of equity recapture, as determined by the council; and
     (c) Include social services for occupants
and proposed occupants of the proposed housing, including but not limited to,
programs that address home health care, mental health care, alcohol and drug
treatment and post-treatment care, child care, homeownership training, mortgage
qualification service, credit repair and case management. [1995 c.174 §3; 2007
c.70 §269]
     458.660
Disbursement of moneys in Farmworker Housing Development Account. The Housing and Community Services
Department shall disburse the moneys credited to the Farmworker Housing
Development Account to expand this stateÂ’s supply of housing for low and very
low income farmworkers. [2001 c.310 §1]
     Note: 458.660 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 458 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
INDIVIDUAL DEVELOPMENT
ACCOUNTS
     458.670
Definitions for ORS 458.670 to 458.700. As used in this section and ORS 458.675 to 458.700, unless the context
requires otherwise:
     (1) “Account holder” means a resident of
this state who:
     (a) Is 12 years of age or older;
     (b) Is a member of a lower income
household; and
     (c) Has established an individual
development account with a fiduciary organization.
     (2) “Fiduciary organization” means an
organization selected under ORS 458.695 to administer state moneys directed to
individual development accounts and that is:
     (a) A nonprofit, fund raising organization
that is exempt from taxation under section 501(c)(3) of the Internal Revenue
Code as amended and in effect on December 31, 2006; or
     (b) A federally recognized Oregon Indian
tribe that is located, to a significant degree, within the boundaries of this
state.
     (3) “Financial institution” means:
     (a) An organization regulated under ORS
chapters 706 to 716, 722 or 723; or
     (b) In the case of individual development
accounts established for the purpose described in ORS 458.685 (1)(c), a
financial institution as defined in ORS 348.841.
     (4) “Individual development account” means
a contract between an account holder and a fiduciary organization, for the
deposit of funds into a financial institution by the account holder, and the
deposit of matching funds into the financial institution by the fiduciary
organization, to allow the account holder to accumulate assets for use toward
achieving a specific purpose approved by the fiduciary organization.
     (5) “Lower income household” means a
household having an income equal to or less than 80 percent of the median
household income for the area as determined by the Housing and Community
Services Department. In making the determination, the department shall give
consideration to any data on area household income published by the United
States Department of Housing and Urban Development.
     (6) “Resident of this state” has the
meaning given that term in ORS 316.027. [1999 c.1000 §1; 2001 c.648 §3; 2007
c.765 §2]
     Note: 458.670 to 458.700 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
458 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     458.675
Legislative findings. The
Legislative Assembly finds that:
     (1) The problem of poverty will not be
solved solely by government programs and income subsidies.
     (2) Family economic well-being does not
come solely from income, spending or consumption, but instead requires savings,
investment and the accumulation of assets.
     (3) It is appropriate for the state to
institute an asset-based antipoverty strategy.
     (4) The state has an opportunity to take
advantage of private and federal resources by making the transition to an
asset-based antipoverty strategy. Those resources include, but are not limited
to, the Assets for Independence Act (42 U.S.C. 604) and the Workforce
Investment Act (P.L. 105-220).
     (5) Investment through an individual
development account system will help lower income households obtain the assets
they need to succeed. Communities and this state will experience resultant
economic and social benefits accruing from the promotion of job training and
higher education, home ownership and small business development.
     (6) It is desirable for this state to
enact legislation that enables an authorized fiduciary organization sufficient
flexibility to receive private, state and federal moneys for individual
development accounts. The Legislative Assembly should periodically review the
provisions of ORS 458.675 to 458.700 to ensure that this state maximizes the
receipt of available federal moneys for individual development accounts. [1999
c.1000 §2]
     Note: See note under 458.670.
     458.680
Persons qualifying as account holders. (1) A person who qualifies to become an account holder may enter into
an agreement with a fiduciary organization for the establishment of an
individual development account.
     (2) To become an account holder a person
must, in addition to meeting any other qualifications, be a member of a lower
income household that has a net worth of less than $20,000. As used in this
subsection, “net worth” means the value of all assets owned in whole or part by
household members, other than equity in a residence and in one vehicle, minus
the total debts and obligations of household members, all as measured at the
time that the person applies to establish the account.
     (3) Every account holder, with support
from the fiduciary organization, shall develop a personal development plan to
advance account holder self-reliance. The personal development plan must
include appropriate coaching, mentorship, social support, financial adequacy
training and asset-specific training designed to increase the independence of
the person and the personÂ’s household through achievement of the accountÂ’s
approved purpose.
     (4) Notwithstanding subsection (1) of this
section, a fiduciary organization may refuse to allow a qualified person to
establish an account if establishment of the account would result in the
members of a lower income household having more than one account.
Notwithstanding subsection (1) of this section, a fiduciary organization shall
refuse to allow a qualified person to establish an account if establishment of
the account would result in the members of a lower income household having more
than two accounts. [1999 c.1000 §3; 2007 c.765 §3]
     Note: Section 8, chapter 765, Oregon Laws 2007,
provides:
     Sec.
8. The amendments to ORS
458.680 (3) by section 3 of this 2007 Act apply to holders of accounts
established on or after the effective date of this 2007 Act [July 16, 2007].
[2007 c.765 §8]
     Note: See note under 458.670.
     458.685
Approved purpose of account; emergency withdrawal; removal of account holder from
program. (1) A person may
establish an individual development account only for a purpose approved by a
fiduciary organization. Purposes that the fiduciary organization may approve
are:
     (a) The acquisition of post-secondary
education or job training.
     (b) If the account holder has established
the account for the benefit of a household member who is under the age of 18
years, the payment of extracurricular nontuition expenses designed to prepare
the member for post-secondary education or job training.
     (c) If the account holder has established
a college savings network account under ORS 348.841 to 348.873 on behalf of a
designated beneficiary, the establishment of an additional college savings
network account on behalf of the same designated beneficiary.
     (d) The purchase of a primary residence.
In addition to payment on the purchase price of the residence, account moneys
may be used to pay any usual or reasonable settlement, financing or other
closing costs. The account holder must not have owned or held any interest in a
residence during the three years prior to making the purchase. However, this
three-year period shall not apply to displaced homemakers or other individuals
who have lost home ownership as a result of divorce.
     (e) The capitalization of a small
business. Account moneys may be used for capital, plant, equipment and
inventory expenses or for working capital pursuant to a business plan. The
business plan must have been developed by a financial institution, nonprofit
microenterprise program or other qualified agent demonstrating business
expertise and have been approved by the fiduciary organization. The business
plan must include a description of the services or goods to be sold, a
marketing plan and projected financial statements.
     (f) Improvements, repairs or modifications
necessary to make or keep the account holderÂ’s primary dwelling habitable,
accessible or visitable for the account holder or a household member. This
paragraph does not apply to improvements, repairs or modifications made to a
rented primary dwelling to achieve or maintain a habitable condition for which
ORS 90.320 (1) places responsibility on the landlord. As used in this
paragraph, “accessible” and “visitable” have the meanings given those terms in
ORS 456.508.
     (g) The purchase of equipment, technology
or specialized training required to become competitive in obtaining or
maintaining employment or to start or maintain a business, as specified in the
account holderÂ’s personal development plan for increasing the independence of
the person.
     (2)(a) If an emergency occurs, an account
holder may withdraw all or part of the account holderÂ’s deposits to an
individual development account for a purpose not described in subsection (1) of
this section. As used in this paragraph, an emergency includes making payments
for necessary medical expenses, to avoid eviction of the account holder from
the account holderÂ’s residence and for necessary living expenses following a
loss of employment.
     (b) The account holder must reimburse the
account for the amount withdrawn under this subsection within 12 months after
the date of the withdrawal. Failure of an account holder to make a timely
reimbursement to the account is grounds for removing the account holder from
the individual development account program. Until the reimbursement has been
made in full, an account holder may not withdraw any matching deposits or
accrued interest on matching deposits from the account.
     (3) If an account holder withdraws moneys
from an individual development account for other than an approved purpose, the
fiduciary organization may remove the account holder from the program.
     (4) If an account holder moves from the
area where the program is conducted or is otherwise unable to continue in the
program, the fiduciary organization may remove the account holder from the
program.
     (5) If an account holder is removed from
the program under subsection (2), (3) or (4) of this section, all matching
deposits in the account and all interest earned on matching deposits shall
revert to the fiduciary organization. The fiduciary organization shall use the
reverted funds as a source of matching deposits for other accounts. [1999
c.1000 §4; 2001 c.648 §4; 2003 c.280 §18; 2007 c.765 §4]
     Note: See note under 458.670.
     458.690
Required account features; rules. (1) Notwithstanding ORS 315.271, a fiduciary organization selected
under ORS 458.695 may qualify as the recipient of account contributions that
qualify the contributor for a tax credit under ORS 315.271 only if the
fiduciary organization structures the accounts to have the following features:
     (a) The fiduciary organization matches
amounts deposited by the account holder according to a formula established by
the fiduciary organization. The fiduciary organization shall maintain on deposit
in the account not less than $1 nor more than $5 for each $1 deposited by the
account holder.
     (b) The matching deposits by the fiduciary
organization to the individual development account are placed in:
     (A) A savings account jointly held by the
account holder and the fiduciary organization and requiring the signatures of
both for withdrawals;
     (B) A savings account that is controlled
by the fiduciary organization and is separate from the savings account of the
account holder; or
     (C) In the case of an account established
for the purpose described in ORS 458.685 (1)(c), a college savings network
account under ORS 348.841 to 348.873, in which the fiduciary organization is
the account owner as defined in ORS 348.841.
     (2) Account holders may not accrue more
than $3,000 of matching funds under subsection (1) of this section from
state-directed moneys in any 12-month period. A fiduciary organization may
designate a lower amount as a limit on annual matching funds. A fiduciary
organization shall maintain on deposit sufficient funds to cover the matching
deposit agreements for all individual development accounts managed by the
organization.
     (3) The Housing and Community Services
Department shall adopt rules to establish a maximum total amount of
state-directed moneys that may be deposited as matching funds into an
individual development account. [1999 c.1000 §5; 2001 c.648 §5; 2003 c.280 §19;
2007 c.765 §5]
     Note: 458.690 is repealed January 2, 2016. See
section 9, chapter 765, Oregon Laws 2007.
     Note: See note under 458.670.
     458.695
Selection of fiduciary organizations. The Housing and Community Services Department may select fiduciary
organizations to administer moneys directed by the state to individual
development account purposes. In making the selections, the department shall
consider factors including, but not limited to:
     (1) The ability of the fiduciary
organization to implement and administer the individual development account
program, including the ability to verify account holder eligibility, certify
that matching deposits are used only for approved purposes and exercise general
fiscal accountability;
     (2) The capacity of the fiduciary
organization to provide or raise matching funds for the deposits of account
holders;
     (3) The capacity of the fiduciary
organization to provide appropriate support services and general assistance to
advance account holder self-reliance; and
     (4) The links that the fiduciary
organization has to other activities and programs designed to increase the
independence of this stateÂ’s lower income households through education and
training, home ownership and small business development. [1999 c.1000 §6; 2007
c.765 §6]
     Note: See note under 458.670.
     458.700
Authority of fiduciary organizations; rules. (1) Subject to Housing and Community Services Department rules, a
fiduciary organization has sole authority over, and responsibility for, the
administration of individual development accounts. The responsibility of the
fiduciary organization extends to all aspects of the account program, including
marketing to participants, soliciting matching contributions, counseling
account holders, providing financial literacy education, and conducting
required verification and compliances activities. The fiduciary organization
may establish program provisions as the organization believes necessary to
ensure account holder compliance with the provisions of ORS 458.680 and
458.685. Notwithstanding ORS 458.670 (5) and 458.680 (2), a fiduciary
organization may establish income and net worth limitations for account holders
that are lower than the income and net worth limitations established by ORS
458.670 (5) and 458.680 (2).
     (2) A fiduciary organization may act in
partnership with other entities, including businesses, government agencies,
nonprofit organizations, community development corporations, community action
programs, housing authorities and congregations to assist in the fulfillment of
fiduciary organization responsibilities under this section and ORS 458.685,
458.690 and 458.695.
     (3) A fiduciary organization may use a
reasonable portion of moneys allocated to the individual development account
program for administration, operation and evaluation purposes.
     (4) A fiduciary organization selected to
administer moneys directed by the state to individual development account
purposes or receiving tax deductible contributions shall provide the Housing
and Community Services Department with an annual report of the fiduciary
organizationÂ’s individual development account program activity. The report shall
be filed no later than 90 days after the end of the fiscal year of the
fiduciary organization. The report shall include, but is not limited to:
     (a) The number of individual development
accounts administered by the fiduciary organization;
     (b) The amount of deposits and matching
deposits for each account;
     (c) The purpose of each account;
     (d) The number of withdrawals made; and
     (e) Any other information the department
may require for the purpose of making a return on investment analysis.
     (5) A fiduciary organization that is the
account owner of a college savings network account:
     (a) May make a qualified withdrawal only
at the direction of the designated beneficiary and only after the college
savings network account of the account holder that was established for the
designated beneficiary has been reduced to a balance of zero exclusively
through qualified withdrawals by the designated beneficiary; and
     (b) May make nonqualified withdrawals only
if the college savings network account of the account holder that was
established for the designated beneficiary has a balance of less than $100 or
if the account holder or designated beneficiary has granted permission to make
the withdrawal. Moneys received by a fiduciary organization from a nonqualified
withdrawal made under this paragraph must be used for individual development
account purposes.
     (6) The department may make all reasonable
and necessary rules to ensure fiduciary organization compliance with this
section and ORS 458.685, 458.690 and 458.695. [1999 c.1000 §7; 2001 c.648 §6;
2003 c.280 §20]
     Note: The amendments to 458.700 by section 10,
chapter 765,
     458.700. (1) Subject to Housing and Community
Services Department rules, a fiduciary organization has sole authority over,
and responsibility for, the administration of individual development accounts.
The responsibility of the fiduciary organization extends to all aspects of the
account program, including marketing to participants, soliciting matching
contributions, counseling account holders, providing financial literacy
education, and conducting required verification and compliances activities. The
fiduciary organization may establish program provisions as the organization
believes necessary to ensure account holder compliance with the provisions of
ORS 458.680 and 458.685. Notwithstanding ORS 458.670 (5) and 458.680 (2), a
fiduciary organization may establish income and net worth limitations for
account holders that are lower than the income and net worth limitations
established by ORS 458.670 (5) and 458.680 (2).
     (2) A fiduciary organization may act in partnership
with other entities, including businesses, government agencies, nonprofit
organizations, community development corporations, community action programs,
housing authorities and congregations to assist in the fulfillment of fiduciary
organization responsibilities under this section and ORS 458.685 and 458.695.
     (3) A fiduciary organization may use a
reasonable portion of moneys allocated to the individual development account
program for administration, operation and evaluation purposes.
     (4) A fiduciary organization selected to
administer moneys directed by the state to individual development account
purposes or receiving tax deductible contributions shall provide the Housing
and Community Services Department with an annual report of the fiduciary organizationÂ’s
individual development account program activity. The report shall be filed no
later than 90 days after the end of the fiscal year of the fiduciary
organization. The report shall include, but is not limited to:
     (a) The number of individual development
accounts administered by the fiduciary organization;
     (b) The amount of deposits and matching
deposits for each account;
     (c) The purpose of each account;
     (d) The number of withdrawals made; and
     (e) Any other information the department
may require for the purpose of making a return on investment analysis.
     (5) A fiduciary organization that is the
account owner of a college savings network account:
     (a) May make a qualified withdrawal only
at the direction of the designated beneficiary and only after the college
savings network account of the account holder that was established for the
designated beneficiary has been reduced to a balance of zero exclusively
through qualified withdrawals by the designated beneficiary; and
     (b) May make nonqualified withdrawals only
if the college savings network account of the account holder that was
established for the designated beneficiary has a balance of less than $100 or
if the account holder or designated beneficiary has granted permission to make
the withdrawal. Moneys received by a fiduciary organization from a nonqualified
withdrawal made under this paragraph must be used for individual development
account purposes.
     (6) The department may make all reasonable
and necessary rules to ensure fiduciary organization compliance with this
section and ORS 458.685 and 458.695.
     Note: See note under 458.670.
COMMUNITY
DEVELOPMENT PROJECTS
     458.705
Legislative findings. The
Legislative Assembly finds that:
     (1) The population of the state is growing
and is expected to continue growing well into the 21st century. That population
growth is uneven, resulting in some places struggling to manage new people,
jobs and building, and other places being eager to attract a share of growth
and economic development. A communityÂ’s pattern of development can accommodate
a growing population and help rebuild rural and distressed economies while
maintaining the stateÂ’s quality of life. Downtown areas need to be revitalized
to accommodate more business and civic activity. Affordable housing must be
developed near job centers. Rural and distressed communities need to be rebuilt
to allow all sectors of the state to share in economic prosperity.
     (2) Numerous barriers exist to achieving
vibrant downtown areas and community centers, ample affordable housing and
thriving rural economies. Overcoming those barriers will require the state to
work in partnership with local communities, the private sector and
community-based groups to provide livability. Regulations must be balanced with
incentives. Private sector financing must be better leveraged. Local planning
and zoning codes must allow the redevelopment of strategic infill sites. The
needs of working families for housing, transportation and services that are
affordable and accessible must be addressed by the entire community.
     (3) A critical element in the creation of
effective partnerships is a flexible funding source that can serve as an
incentive to achieving quality development. Careful targeting of financial
incentives can provide the needed impetus for revitalization of downtown areas
throughout the state, the creation of affordable housing in the proper places
and new job centers in places working to attract new growth.
     (4) State government, in tandem with local
and federal governments, nonprofit organizations and the business sector,
provides a variety of tools to help build strong
     Note: 458.705 to 458.740 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
458 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     458.710
Community Development Incentive Advisory Board. (1) There is created a Community Development
Incentive Advisory Board consisting of the following members:
     (a) The Director of the Economic and
Community Development Department;
     (b) The Director of the Department of
Environmental Quality;
     (c) The Director of the Housing and
Community Services Department;
     (d) The Director of the Department of Land
Conservation and Development;
     (e) The Director of Transportation;
     (f) One representative from each of the
following industries:
     (A) Commercial real estate development;
     (B) Residential real estate development;
and
     (C) Banking;
     (g) One representative from each of the
following:
     (A) Community development organizations;
     (B) Economic development organizations;
     (C) Downtown development organizations;
     (D) The Association of Oregon Counties; and
     (E) The League of Oregon Cities; and
     (h) One person not otherwise qualified
under this subsection who possesses a demonstrated interest in community
development.
     (2) Advisory board members described in
subsection (1)(a) to (e) of this section shall serve as ex officio members. An
ex officio member may delegate board membership duties to an employee of the
memberÂ’s department.
     (3) The Governor shall appoint the members
described under subsection (1)(f), (g) and (h) of this section. The
appointments shall be for a four-year term. Appointed members serve at the
pleasure of the Governor.
     (4) All members of the advisory board are
entitled to compensation as provided under ORS 292.495 for actual and necessary
travel expenses incurred in the performance of board duties. In addition, the
members of the board representing industries or organizations are entitled to
compensation as provided under ORS 292.495. [1999 c.956 §6]
     Note: See note under 458.705.
     458.715
Advisory board duties. (1)
The Community Development Incentive Advisory Board shall:
     (a) Develop program guidelines, including
specific project criteria and financing mechanisms.
     (b) Review applications seeking funding
from the Community Development Incentive Project Fund and make recommendations for
funding approval to the Director of the Housing and Community Services
Department.
     (c) Review proposals for cooperative
agreements or joint projects between the Housing and Community Services
Department and other agencies to facilitate the goals of the fund.
     (2) Subject to available financing, the
advisory board may recommend, and the director may approve, any project that
carries out the goals of the fund. [1999 c.956 §7]
     Note: See note under 458.705.
     458.720
Community Development Incentive Project Fund; purpose; lottery bond proceeds. (1) Pursuant to ORS 286A.560 to 286A.585,
lottery bonds may be issued to make grants or loans to Oregon municipalities,
businesses and individuals to encourage real estate developments that promote
downtown and community center areas, provide affordable housing and other
infill developments, and fund projects that promote business opportunities in
OregonÂ’s distressed areas and rural communities.
     (2) The use of lottery bond proceeds is
authorized based on the following findings:
     (a) The grants and loans made will be used
to fund projects that assist Oregon communities in managing growth, thereby
attracting industry and workers and improving OregonÂ’s labor market; and
     (b) The projects will bring jobs and
economic diversity to
     (3) The aggregate principal amount of
lottery bonds issued pursuant to this section may not exceed the sum of $25
million and an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs. Lottery bonds issued pursuant to this
section shall be issued only at the request of the Director of the Housing and
Community Services Department.
     (4) The net proceeds of lottery bonds
issued pursuant to this section shall be deposited in the Community Development
Incentive Project Fund, which is hereby established in the State Treasury
separate and distinct from the General Fund.
     (5) The proceeds of lottery bonds issued
pursuant to this section shall be used only for the purposes set forth in
subsection (1) of this section and for bond-related costs.
     (6) Interest earned by the Community
Development Incentive Project Fund shall be credited to the fund or to the
Housing Development and Guarantee Account, as determined by the director. In
addition to any other moneys specifically designated by law, the fund shall
consist of any amounts appropriated by the Legislative Assembly and any gifts,
grants or donations. [Subsections (1) to (5) of 1999 Edition enacted as 1999
c.702 §3; subsection (6) of 1999 Edition enacted as 1999 c.956 §3; 2003 c.743 §7;
2007 c.783 §203b]
     Note: See note under 458.705.
     458.725
Fund appropriation and expenditure guidelines. All moneys deposited in the Community
Development Incentive Project Fund are continuously appropriated to the Housing
and Community Services Department to carry out the purposes of the fund. In
addition to any other purpose specifically provided by law, moneys deposited in
the fund shall be expended for community development purposes, including but
not limited to:
     (1) Promoting affordable housing
development near jobs and transportation;
     (2) Revitalizing downtowns and community
centers; and
     (3) Rebuilding rural and distressed
economies. [1999 c.956 §4]
     Note: See note under 458.705.
     458.730
Department use of financing mechanisms; determination of funding adequacy. (1) The Housing and Community Services
Department may use the moneys in the Community Development Incentive Project
Fund in any manner permitted under ORS 458.735. However, the primary purpose of
the fund is to finance developments identified by the Community Development
Incentive Advisory Board if other state or private financing sources are
inadequate or unavailable. The department shall make the final determination as
to whether financing sources are inadequate or unavailable.
     (2) In expending moneys from the fund, the
department may use financing mechanisms that include, but are not limited to:
     (a) Grants or loans for the development of
multifamily or single-family affordable housing located near community centers
or employment centers.
     (b) Grants or loans for the development of
mixed-use real estate projects located in downtown or community center areas.
     (c) Grants or loans that result in the
placement or retention of businesses in downtown or community center areas.
     (d) Partial loan guarantees or other
credit enhancement tools to private commercial lenders.
     (e) Grants or loans to finance
infrastructure development that creates jobs or housing in communities identified
by the Economic and Community Development Department as rural or distressed.
     (f) Interim ownership by the Housing and
Community Services Department of real estate located within downtown or
community center areas.
     (g) Other financial tools or incentives
that the Community Development Incentive Advisory Board determines would
further the intended purposes of the fund. [1999 c.956 §5]
     Note: See note under 458.705.
     458.735
Department review of projects; lending criteria. The Housing and Community Services
Department shall:
     (1) Administer the Community Development
Incentive Project Fund in accordance with rules adopted by the department.
Notwithstanding ORS 456.555, department administration of the fund is not
subject to State Housing Council policy, rules or standards.
     (2) Verify documentation and approve or
disapprove funding recommended by the Community Development Incentive Advisory
Board under ORS 458.715.
     (3) Seek to leverage local, federal and
private financial resources for use in conjunction with fund expenditures.
     (4) Emphasize use of the fund to fill
funding gaps in projects identified by the advisory board that are designed to
achieve the objectives of the fund.
     (5) If making a fund expenditure as a
loan, establish lending criteria that allow the fund to create quality
development patterns and produce a sound loan portfolio. In establishing the
criteria, the department shall permit the assumption of an appropriate level of
risk, maintain a reserve for losses and provide for the periodic monitoring of
reserve adequacy. Loan repayments may be used by the department in any
financially prudent manner consistent with fund goals. [1999 c.956 §8]
     Note: See note under 458.705.
     458.740
Project facilitation. In
addition to any other power or authority granted to the Housing and Community
Services Department, the department may:
     (1) Acquire property and hold, conserve,
improve, lease, sell or otherwise use or exercise control over the property for
the purpose of facilitating the use of the property as part of a community
development project.
     (2) Enter into cooperative agreements or
joint projects with other agencies as recommended by the advisory board and
approved by the Director of the Housing and Community Services Department.
     (3) To the extent authorized by law, enter
into contracts for the purchase of land and improvements and exercise control
over purchased land and improvements.
     (4) To the extent authorized by law, enter
into contracts for the completion of site development functions including, but
not limited to, design services, design review with local governments and
completion of the permitting process. [1999 c.956 §9]
     Note: See note under 458.705.
_______________
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