309-036-0110 Community Mental Health Housing Fund, Community Mental Health Housing Trust Account, Income and Expenditures (1) The Community Mental Health Housing Fund shall be maintained in the State Treasury. All earnings on investments of moneys in the Fund, including earnings in the Community Housing Trust Account, shall accrue to the Fund. All moneys in the Fund shall be continuously appropriated to the Division to carry out the provisions of ORS 426.504 for the purpose of providing housing for individuals with serious and persistent mental illness: (a) Income to the Fund shall consist of: (A) The proceeds, less costs to the state, received from the sale of the F.H. Dammasch State Hospital property under ORS 426.508; (B) Moneys appropriated to the Fund by the Legislative Assembly; (C) Proceeds from the sale, transfer, or lease of any surplus real property owned, operated, or controlled by the Division and used for community housing; (D) Money reallocated from other areas of the Division's budget; (E) Interest and earnings credited to the fund; and (F) Gifts of money or other property from any source to be used for the purposes of developing housing for individuals with serious and persistent mental illness. Except as provided in ORS 426.506, income to the fund may be restricted to deposit in the Community Housing Trust Account or may be available for expenditure. (b) Gifts and other deposits may be designated by the contributor to be used for community housing purposes or institutional housing purposes. The deposits may also be restricted to the Community Housing Trust Account or may be non-restricted and available for expenditure from the Fund or may be designated for a specific expenditure purpose in the Fund. Any gifts restricted or designated by a contributor may not be available for re-allocation except as may be specified by the contributor; (c) When it is determined that community housing established or assisted consistent with ORS 426.504 is no longer suitable for continued use as community housing, any proceeds realized from the disposition of the property shall be deposited into the Fund and used for community housing purposes. (2) The Community Housing Trust Account exists within the Community Mental Health Housing Fund and shall consist of: (a) At least 95 percent of the proceeds received from the sale of the F.H. Dammasch State Hospital property under ORS 426.508; and (b) Any other funds deposited into the account for the restricted purpose of staying in the Fund for perpetuity. (3) Amounts available from the Fund for expenditure shall consist of: (a) Up to five percent of the sale proceeds received by the Authority for credit to the account from the Oregon Department of Administrative Services from the sale of the F.H. Dammasch State Hospital property; and (b) All other deposited, unrestricted funds or account earnings unless a specific deposit is designated by its maker to be placed in the restricted portion of the Community Housing Trust Account. (4) Interest earned on moneys in the Community Housing Trust Account may be expended in the following manner: (a) Seventy percent of interest earned on deposits in the Community Housing Trust Account shall be expended for community housing purposes in accordance with these rules; (b) Thirty percent of interest earned on deposits in the Community Housing Trust Account shall be expended for institutional housing purposes in accordance with these rules. (5) Interest earned on deposits in the account may not be used to support Division operating expenses. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 426.502–426.508 History: BHS 13-2018, amend filed 06/05/2018, effective 06/05/2018 BHS 12-2018, amend filed 05/30/2018, effective 06/01/2018 MHS 7-2010, f. & cert. ef. 6-7-10 MHD 7-2003, f. 8-15-03 cert. ef. 9-1-03