1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session A-Engrossed Senate Bill 611 Ordered by the Senate April 18 Including Senate Amendments dated April 18 Sponsored by Senator CAMPOS, Representative RUIZ; Senators FREDERICK, GELSER BLOUIN, GOLDEN, GORSEK, MANNING JR, MEEK, PATTERSON, PHAM K, REYNOLDS, WEBER, WOODS, Representatives ANDERSEN, BOWMAN, CHAICHI, GAMBA, GRAYBER, HUDSON, ISADORE, NELSON, NOSSE, OWENS (Presessionfiled.) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure. The statement includes a measure digest written in compliance with applicable readability standards. Digest: The Act creates the Food for All Oregonians Program.(Flesch Readability Score: 66.1). Establishes the Food for All Oregonians Program in the Department of Human Services to pro- vide nutrition assistance to [residents of] children residing in this state who are six years of age or under and who would qualify for the federal Supplemental Nutrition Assistance Program but for their immigration status.Requires the department to implement the program by January 1, 2027, and conduct statewide outreach, education and engagement to maximize enrollment in the program. Requires the department to convene an advisory group to recommend metrics to evaluate the success of the department in treating all applicants for and recipients of public assistance in a welcoming manner and with respect, courtesy, fairness and dignity. Declares an emergency, effective on passage. A BILL FOR AN ACT Relating to public assistance; creating new provisions; amending ORS 411.093, 411.806, 411.816, 411.825, 411.827 and 413.201; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. (1) As used in this section, “Supplemental Nutrition Assistance Program” means aid provided to individuals and households certified to be in economic need of and el- igible to receive such aid for the purchase of food from retail food outlets, farmer’s markets and roadside stands through the federal program established under 7 U.S.C. 2011 et seq. (2) The Food for All Oregonians Program is established in the Department of Human Services to provide nutrition assistance to children residing in this state who are six years of age or under and who would qualify for federal Supplemental Nutrition Assistance Pro- gram benefits but for their immigration status. (3) The department shall utilize the existing Supplemental Nutrition Assistance Program infrastructure and electronic benefit transfer delivery system, to the extent permitted by federal law, to create one seamless application process for federally funded and state-funded nutrition assistance. (4)(a) The amount of benefits provided to a household participating in the program shall be the same amount that is provided to a household of equal size that is eligible for the Supplemental Nutrition Assistance Program. (b) The Food for All Oregonians Program benefit amount for a child who is a member of a household receiving Supplemental Nutrition Assistance Program benefits, but who is excluded from receiving Supplemental Nutrition Assistance Program benefits due to the NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 2183 A-Eng. SB 611 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 child’s immigration status, shall be the amount that would have been the child’s share of the household’s Supplemental Nutrition Assistance Program benefits if the child had not been excluded. (5) The following rules and processes related to the Supplemental Nutrition Assistance Program shall be used in the Food for All Oregonians Program except with respect to eligi- bility or verification requirements related to immigration status: (a) Eligibility and benefit determination rules; (b) Reporting and recertification requirements; (c) Verification requirements; (d) Application processes; and (e) Timeliness standards for the issuance of benefits. (6) To the extent permitted by federal law, the income, resources and deductible expenses of a child described in subsection (4)(b) of this section shall be excluded when determining the amount of Supplemental Nutrition Assistance Program benefits for the other members of the household who qualify for Supplemental Nutrition Assistance Program benefits. (7) The total amount of assistance from the Food for All Oregonians Program and the Supplemental Nutrition Assistance Program received by a household consisting of one or more members who are eligible for Supplemental Nutrition Assistance Program benefits and one or more members who qualify for Food for All Oregonians Program benefits may not exceed the Supplemental Nutrition Assistance Program benefit standard for a household of that size when all of the members applying for benefits qualify for Supplemental Nutrition Assistance Program benefits. SECTION 2. (1) It is the policy of this state that all Oregonians, regardless of the primary languages they speak, should be treated in a way that is welcoming and with respect, fairness anddignity. (2) The Department of Human Services, in coordination with the Office of Immigrant and Refugee Advancement, shall convene an advisory group consisting of members of communi- ties whose primary language is not English and representing community-based organizations that work with the communities to: (a) Provide oversight of the Supplemental Nutrition Assistance Program and the Food for All Oregonians Program; and (b) Recommend metrics to be adopted by the department that ensure that an applicant for and a recipient of public assistance whose primary language is not English is treated in keeping with the state policy expressed in subsection (1) of this section and in accordance with the requirements in ORS 411.093. The department shall apply the metrics no less fre- quently than once each calendar quarter and report the results from applying the metrics on the department’s website. (3) Members of the advisory group are entitled to compensation and reimbursement for actual and necessary travel and other expenses incurred by them in the performance of their duties on the advisory group in the manner and amounts provided for in ORS 292.495. SECTION 3. ORS 411.093 is amended to read: 411.093. (1) All applicants for and recipients of public assistance shall be treated in a courteous, fair and dignified manner by Department of Human Services personnel. (2) Any applicant or recipient who alleges discourteous, unfair or undignified treatment by de- partment personnel or alleges that incorrect or inadequate information regarding public assistance [2] A-Eng. SB 611 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 programs has been provided by department personnel may file a grievance with the department. The department shall publicize the grievance system in each local office. The department shall provide an option for an applicant or recipient filing a grievance to do so anonymously. (3) [The] A grievance that is not anonymous shall be discussed first with the supervisor of the employee against whom the grievance is filed. If the grievance is not resolved, the applicant or re- cipient may discuss the grievance with the local office manager. (4) The department shall compile a monthly report summarizing each grievance filed [against department personnel] and the action taken. The report shall identify each grievance by local office and indicate the number of grievances filed against individual employees. The report shall protect the anonymity of department personnel. The report shall be presented [to the Family Services Review Commission and] to all county public welfare boards. SECTION 4. ORS 411.806, as amended by section 3, chapter 579, Oregon Laws 2023, is amended toread: 411.806. As used in ORS 411.806 to 411.845, unless the context or a specially applicable statutory definition requires otherwise: (1) “Administrative costs” means, but is not limited to, costs in connection with: (a) Distributing supplemental nutrition assistance to recipients under the Supplemental Nutri- tion Assistance Program; (b) The compensation of personnel while employed in carrying out ORS 411.806 to 411.845; and (c) Reimbursement of the federal government for any loss described in ORS 411.830. (2) “Graduate assistant” means an extern or a graduate student or fellow at an institution of higher education who is paid to work in teaching, administration or research while the student completes the academic requirements for an advanced degree at the institution. (3) “Household” means two or more related or nonrelated individuals who reside together not in an institution. (4) “Issuing agency” means the Department of Human Services. (5) “Recipient” means an individual or household determined and certified, pursuant to ORS 411.816 or 411.825, to be eligible to receive supplemental nutrition assistance under the Supple- mental Nutrition Assistance Program. (6) “Supplemental Nutrition Assistance Program” means [a program under which the federal government makes aid available to the state or its agencies for distribution through electronic benefits transfer or by check] aid provided to individuals and households certified to be in economic need of and eligible to receive such aid for the purchase of food from retail food outlets, farmer’s markets and roadside stands through the federal program established under 7 U.S.C. 2011 et seq. and the Food for All Oregonians Program established in section 1 of this 2025 Act . SECTION 5. ORS 411.816 is amended to read: 411.816. (1) The Department of Human Services shall adopt rules [conforming to federal laws and regulations required to be observed in maintaining the eligibility of this state to receive from the federal government, and to issue] for the issuance of supplemental nutrition assistance under the Supple- mental Nutrition Assistance Program. Rules adopted by the department pursuant to this section shall relate to and include, but shall not be limited to: [(1)] (a) The classifications of and requirements of eligibility for individuals and households to receive supplemental nutrition assistance under the program. The limitations upon the income and resources of individuals and households established as requirements of eligibility under this section shall not exceed the maximum limitations on income and resources allowable under federal laws, [3] A-Eng. SB 611 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 rules and regulations; [(2)] (b) The periods during which individuals and households shall be certified or recertified to be eligible to receive supplemental nutrition assistance under the program; [(3)] (c) The amount of supplemental nutrition assistance to be issued or allotted to recipients, with respect to any period, under the program; [(4)] (d) Periodic redetermination and review of the eligibility of recipients to receive supple- mental nutrition assistance under the program; [(5)] (e) Cancellation of certifications issued for, and adjustment of the numbers of individuals in any household eligible to receive supplemental nutrition assistance issued to recipients under the program for any period in accordance with changes of circumstances in individual cases; and [(6)] (f) Procedures to review, on the basis of substantial hardship, request for such adjustments. (2) Rules adopted under this section must conform to 7 U.S.C. 2011 et seq. and regu- lations implementing 7 U.S.C. 2011 et seq.Federal restrictions based on 8 U.S.C. 1611, 1612 and 1613 and 7 U.S.C. 2015(f), and similar restrictions that are based on immigration status, may not be applied to applicants or recipients of aid under the Food for All Oregonians Program. SECTION 6. ORS 411.825 is amended to read: 411.825. (1) The Department of Human Services shall determine and certify the eligibility of all individuals and households to receive supplemental nutrition assistance under the Supplemental Nutrition Assistance Program. (2) The department shall: (a) Issue to recipients supplemental nutrition assistance [made available from the federal gov- ernment under the program]; and (b) Account to the federal government for all [such] supplemental nutrition assistance that is federallyfunded. (3)(a) In order to carry out the provisions of ORS 411.806 to 411.845, the department is author- ized to contract with any governmental agencies or private agencies for distribution of supplemental nutritionassistance. (b) Any government agency or private agency that administers the Food for All Oregonians Program or that contracts with the department under this subsection is subject to the same prohibitions on the disclosure of information regarding applicants for and re- cipients of public assistance as apply to the department under ORS 180.805, 180.810 or 181A.823 or similar provisions that prohibit, for immigration enforcement purposes, the use or disclosure of information about program applicants or recipients. SECTION 7. ORS 411.827 is amended to read: 411.827. All sums received by the Department of Human Services from the federal government to assist in meeting the costs of processing applications from, and of certifying and recertifying, in- dividuals and households under ORS 411.806 to 411.845 are hereby appropriated to the department for expenditure in meeting the costs of processing applications from, and making certifications and recertifications of, individuals and households for the benefits made available pursuant to ORS 411.806 to 411.845 that are federally funded. SECTION 8. ORS 413.201 is amended to read: 413.201. (1) The Oregon Health Authority is responsible for statewide outreach, education and engagement for the Cover All People program established in ORS 414.231 [and administered by the authority], and the Department of Human Services is responsible for statewide outreach, ed- [4] A-Eng. SB 611 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ucation and engagement for the Food for All Oregonians Program established in section 1 of this 2025 Act, with the goal of enrolling in the [program]programs all eligible individuals re- siding in this state. The authority and the department, in collaboration with the work group de- scribed in subsection (3) of this section, shall evaluate and implement the outreach, education and engagement strategies designed to most effectivelyencourageenrollmentinthe[program] programs. (2) To maximize the enrollment and retention of eligible individuals in the Cover All People program and the Food for All Oregonians Program , the authority shall, in consultation with the department, develop and administer a grant program to provide funding to organizations and community based groups to deliver culturally specific and targeted outreach, application assistance and navigation to: (a) Members of racial, ethnic and language minority communities; (b) Children and families living in geographic isolation; and (c) Children and families with additional barriers to accessing health care, such as cognitive, mental health or sensory disorders, physical disabilities or chemical dependency or homelessness. (3) The authority, in consultation with the department, shall convene a work group, consist- ing of individuals with experience in conducting outreach to the individuals described in subsection (2)(a) to (c) of this section, to advise and assist the authority in carrying out its duties under this section and in developing an implementation plan to ensure that community feedback is included from a health equity perspective. (4) The department shall provide to the authority guidance and technical assistance as needed for carrying out the authority’s duties under this section with respect to the Food for All Oregonians Program. SECTION 9. The Department of Human Services shall implement the Food for All Oregonians Program established in section 1 of this 2025 Act to begin accepting applications and issuing benefits no later than January 1, 2027. SECTION 10.This 2025 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect on its passage. [5]