As used in ORS 408.010 to 408.090, unless otherwise required by the
context:
(1) “Director” means Director of Veterans’ Affairs.
(2) “Beneficiary” means any person who served in the active Armed
Forces of the United States between June 25, 1950, and January 31, 1955,
or subsequent to June 30, 1958, and who was relieved or discharged from
such service under honorable conditions and who was also a resident of
Oregon at the time the person applied for benefits under ORS 408.010 to
408.090. However, unless otherwise required by context, no aliens, alien
enemies, persons who avoided combat service by claiming to be
conscientious objectors, persons who served less than 90 days in the
Armed Forces, or persons inducted or enlisted into the military or naval
service, who received civilian pay for civilian work, shall be given aid
under ORS 408.010 to 408.090. [Amended by 1957 c.195 §1; 1965 c.517 §1;
1967 c.382 §1; 1993 c.139 §1; 2005 c.831 §1](1) Beneficiaries who desire to pursue an approved
course of study or professional training in or in connection with any
accredited state or other public school or accredited private school or
accredited college, shall have the right and privilege of state financial
aid as provided in ORS 408.010 to 408.090, payable at the rate of $150
per month for each month of full-time study or training, not to exceed
the total number of months served in the Armed Forces or a total of 36
months, whichever is less.
(2) The Director of Veterans’ Affairs may permit a beneficiary to
attend a school or college outside of this state upon a satisfactory
showing that the training required is not available in an accredited
institution within this state.
(3) A beneficiary may not receive payments or benefits under ORS
408.010 to 408.090 at the same time that the beneficiary is receiving
educational aid under any federal Act based upon prior service in the
Armed Forces. Time spent by a person who applies for benefits under ORS
408.010 to 408.090 in the army specialized training program, the Navy
V-12 program or other like training program may not be counted as service
in the Armed Forces within the purview of ORS 408.010 (2). [Amended by
1967 c.383 §1; 1995 c.343 §38; 2005 c.831 §2] Any
beneficiary who desires to pursue a course of study or professional
training may file, upon a form approved by the Director of Veterans’
Affairs, an application with the executive head of the institution in
which the beneficiary desires to pursue such course. In the application
the beneficiary shall set forth the date of enlistment or induction into
the service of the United States, the date of discharge, a certified copy
of the discharge or document evidencing release from active duty, the
courses of study the beneficiary desires to pursue, and the length of
time the beneficiary intends to pursue such courses. [Amended by 1995
c.343 §39](1) The person to whom an application is made pursuant to
ORS 408.030 shall examine and pass upon such application and shall,
within 10 days after its receipt by the person, indorse approval or
disapproval thereof. If the application is approved it shall be forthwith
forwarded to the Director of Veterans’ Affairs, who shall check it. The
director shall determine whether or not the institution of learning or
career school is accredited and if the tuition and other charges are
reasonable. The director shall also determine whether or not the
institution of learning or career school is reasonably qualified to
provide the instruction desired by the beneficiary. The director shall be
satisfied that the beneficiary has reasonable qualifications to pursue
the course of study chosen and that such course, if satisfactorily
completed, is likely to enable the beneficiary to become a more useful
citizen. If all said conditions are met to the satisfaction of the
director, the director may approve the application and file it in the
office of the director; otherwise the director shall deny it.
(2) Upon approval of an application, benefits are payable beginning
with the first day of the applicant’s attendance during the current term
of an institution of learning or career school, after a finding by the
director, supported by evidence satisfactory to the director, that any
delay in making application was caused by excusable oversight or neglect.
[Amended by 1995 c.343 §40] On or before the 10th day
of each calendar month the executive head of the institution of learning
or authorized representative, shall render a duly certified statement to
the Director of Veterans’ Affairs, setting forth the names of the
beneficiaries attending the institution during the preceding calendar
month and the amount of schooling or training furnished such
beneficiaries in accordance with ORS 408.010 to 408.090. The statement
shall contain a report of the attendance and general attitude and
aptitude of each beneficiary, and the number of hours of recitation,
lectures or other training scheduled, and a statement of the
beneficiary’s diligence and progress. (1) The monthly payments
provided in ORS 408.020 shall be allowed to any beneficiary who is
enrolled in a full-time course of study or professional training.
(2) Upon receipt of the monthly statement provided for in ORS
408.050, the Director of Veterans’ Affairs, if the director finds that it
is correct, shall issue a voucher to the Oregon Department of
Administrative Services which shall issue a warrant on the State
Treasurer in favor of each beneficiary. Such warrant shall be paid out of
the funds appropriated for the administration of ORS 408.010 to 408.090.
[Amended by 1983 c.740 §129; 2005 c.831 §3] (1) The Director of
Veterans’ Affairs shall investigate from time to time the institutions or
other places where financial aid is being furnished to any beneficiary
under ORS 408.010 to 408.090, to ascertain whether or not the spirit of
those sections is being complied with. If the director determines, after
such investigation as the director deems necessary, that any such
institution or place is not furnishing bona fide courses of instruction
to the beneficiary or beneficiaries, or that any beneficiary is abusing
the privileges granted by ORS 408.020, no money shall be paid to any
beneficiary who is not receiving bona fide instruction or who is abusing
such privileges. In making the investigations, the director may use the
services of any state or county agency, and said agencies are required to
render any such service requested by the director.
(2) The director may adopt and promulgate all necessary rules and
regulations consistent with ORS 408.010 to 408.090 to carry those
sections into effect. (1) The Director of Veterans’
Affairs, acting on behalf of the State of Oregon, is authorized to accept
any donation, gift, grant, bequest or devise made in furtherance of the
purposes of ORS 408.010 to 408.090, and if made in cash or its equivalent
or reduced thereto, shall be promptly paid by the director to the State
Treasurer, who shall credit the amount so received to the Veterans’
Educational Aid Account in the General Fund. The director shall make such
disposition of donations, gifts, grants, bequests or devises, not made in
cash or its equivalent, as is specified by the donor thereof, and their
earnings and proceeds shall inure to said account. All such donations,
gifts, grants, bequests or devises accepted by the director are transfers
exempt from taxes imposed on inheritances under the laws of this state.
(2) All moneys in the Veterans’ Educational Aid Account are
continuously appropriated to the director and may be used by the director
for the purposes authorized in ORS 408.010 to 408.090. [Amended by 1961
c.326 §7; 1997 c.99 §53; 2005 c.755 §31]ADVANTAGES GIVEN VETERANS IN PUBLIC EMPLOYMENT As used in ORS
408.225 to 408.235:
(1) “Combat zone” means an area designated by the President of the
United States by executive order in which, on the dates designated by
executive order, the Armed Forces of the United States are or have
engaged in combat.
(2) “Disabled veteran” means a person entitled to disability
compensation under laws administered by the United States Department of
Veterans Affairs, a person whose discharge or release from active duty
was for a disability incurred or aggravated in the line of duty or a
person who was awarded the Purple Heart for wounds received in combat.
(3)(a) “Veteran” means a person who served on active duty with the
Armed Forces of the United States:
(A) For a period of more than 178 consecutive days, and was
discharged or released from active duty with other than a dishonorable
discharge;
(B) For 178 days or less and was discharged or released from active
duty with other than a dishonorable discharge because of a
service-connected disability;
(C) For at least one day in a combat zone and was discharged or
released from active duty with other than a dishonorable discharge; or
(D) Received a combat or campaign ribbon for service in the Armed
Forces of the United States.
(b) As used in this subsection, “active duty” does not include
attendance at a school under military orders, except schooling incident
to an active enlistment or a regular tour of duty, or normal military
training as a reserve officer or member of an organized reserve or a
National Guard unit. [1977 c.854 §1; 1981 c.493 §1; 1989 c.507 §1; 1991
c.67 §98; 1993 c.18 §97; 1995 c.777 §1; 2005 c.99 §1; 2005 c.831 §7] (1) An
eligible veteran or eligible disabled veteran who has successfully
completed all phases of a civil service test shall be allowed preference
on the list established as a result of such test. If the test results in
a score, preference means that to the score of a veteran who has passed a
test five points shall be added, and to the score of a disabled veteran
who has passed a test 10 points shall be added. All such points shall be
added to the total combined test score of the veteran and shall not be
allocated to any single feature or part of the examination. If the test
consists of interviews, performance, evaluation of experience and
training, a supervisor’s rating or any other method of ranking applicants
that does not result in a score, preference must still be provided to
veterans and disabled veterans. Preference does not mean that veterans
must be appointed to vacant positions, but does provide a uniform method
by which special consideration is given to eligible veterans and disabled
veterans seeking public employment.
(2) Any person who has been appointed permanently to a civil
service position, granted military leave to serve in the armed services
who would qualify as a veteran or disabled veteran and who has returned
to duty in a permanent civil service position, shall be allowed such
preference on any successfully completed promotion test for a position
which would put the person in another class having a higher maximum
salary rate. [Amended by 1977 c.854 §3; 1989 c.507 §2; 1999 c.792 §1] (1) Except
for a veteran described in subsection (2) of this section, a veteran is
eligible to use the preference provided for in ORS 408.230 only for a
position for which application is made within 15 years of discharge or
release from service in the Armed Forces. Such time limit shall not apply
in the case of a disabled veteran.
(2) A veteran whose service in the Armed Forces of the United
States occurred between January 1, 1962, and May 7, 1975, within the
borders of Vietnam, Cambodia, Laos or Thailand may use the preference
provided for in ORS 408.230 only for a position for which application is
made by July 1, 1999.
(3) Once a veteran has used the preference provided for in ORS
408.230 and has successfully completed trial service and attained regular
employee status, the veteran may not use the preference again. The
preference shall not be allowed on any promotion test for a civil service
position except as provided in ORS 408.230 (2). Such limitations do not
apply to a disabled veteran. [1977 c.854 §4; 1989 c.507 §3; 1995 c.777
§2; 1999 c.792 §2] As used
in ORS 408.240 to 408.280, “military duty” means training and service
performed by an inductee, enlistee or reservist or any entrant into a
temporary component of the Armed Forces of the United States, and
authorized time spent reporting for and returning from such training or
service, or, if a rejection occurs, from the place reported therefor; but
does not include active duty training as a reservist in the Armed Forces
of the United States or as a member of the National Guard of the United
States where the call is for a period of 15 days or less. [Formerly
408.210](1) Whenever any public officer or employee leaves a
position, whether voluntarily or involuntarily, in order to perform
military duty, such office or position may not become vacant, nor shall
the officer or employee be subject to removal as a consequence thereof.
Unless the officer or employee dies, resigns or is relieved or discharged
from such duty under other than honorable conditions, during the term for
which the officer or employee was elected, appointed or employed, such
officer or employee shall be deemed absent on leave until release from
such active service has permitted the officer or employee to resume the
duties of the office or position. While so absent on leave, the officer
or employee may not receive the pay or other emolument of such office or
position, nor become liable, as such officer or employee, on an official
bond or otherwise, for the acts or omissions of any other person.
(2) Subsection (1) of this section does not apply unless the
officer or employee, upon the termination of such military duty, is
qualified to perform the duties of such position, and makes application
within 90 days after the officer or employee is relieved from such
military duty, or from hospitalization continuing after discharge for a
period of not more than one year. If the officer or employee is not
qualified to perform the duties of such position by reason of such
service, but is qualified to perform the duties of any other public
position, the officer or employee shall be restored to such other
position, the duties of which the officer or employee is qualified to
perform, as will provide the officer or employee like seniority, status
and pay, or the nearest approximation thereof, consistent with the
circumstances in the case.
(3) Except as otherwise provided in this subsection, subsection (1)
of this section does not apply if the total of such military duty exceeds
five years. Subsection (1) of this section is applicable with regard to
military duty that exceeds five years if the period of additional duty
was imposed by law or resulted from inability of the officer or employee
to obtain orders relieving the officer or employee from active duty.
(4) Notwithstanding subsection (1) of this section:
(a) The State of Oregon shall continue coverage under an
employer-sponsored health plan to a public officer or employee of the
State of Oregon and any other individual provided coverage under the
officer’s or employee’s plan on the day before the date the officer or
employee goes on leave for a period not exceeding a total of 24 months
while the public officer or employee is absent on leave.
(b) An employer other than the State of Oregon may provide coverage
under an employer-sponsored health plan to an officer or employee and any
other individual provided coverage under the officer’s or employee’s plan
on the day before the date the officer or employee goes on leave for the
period during which the officer or employee is absent on leave.
(5)(a) Notwithstanding subsection (1) of this section, the State of
Oregon, a county, a municipality or other political subdivision of the
state may establish and administer a donated leave program that:
(A) Allows an officer or employee who is absent on leave to receive
donated leave; and
(B) Allows an officer or employee to voluntarily donate vacation
time to an eligible officer or employee who is absent on leave.
(b) An officer or employee who is absent on leave and who receives
donated leave under paragraph (a) of this subsection may receive an
amount of donated leave that supplements any compensation received for
performing military duty, but may not receive more than the amount of
base salary the officer or employee was earning on the date the officer
or employee began the leave of absence.
(c) This subsection does not apply to a leave of absence under ORS
408.290. [Amended by 1979 c.468 §13; 2003 c.72 §1; 2003 c.387 §14; 2005
c.38 §3] ORS
408.240 (4)(a) does not apply to a public employee who leaves a position
under ORS 408.240 (1) to enter or reenter the Active Guard Reserve
Program under 32 U.S.C. 502(f). [2005 c.38 §1]Note: 408.242 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 408 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.During the period any public officer is absent on leave
pursuant to ORS 408.240, a substitute shall serve in the place and stead
of the public officer. Such substitute shall be appointed by the
authority having power to have appointed the substitute as successor had
such office become vacant. The substitute shall qualify by taking an oath
of office, and by giving bond in an amount and conditioned as required by
law for the officer for whom the substitute has been appointed, or, in
the event no bond is required by law, then as the appointing authority
directs. The substitute shall be designated by the title of the office,
followed by the words “pro tem.” The substitute shall be invested with
the authority, duties and responsibilities, and shall receive the
emoluments of the office, in lieu of the officer for whom the person is
the substitute.When the absence on leave of a public officer, granted
by ORS 408.240, has terminated, or a successor has been duly appointed
and qualified to fill the vacancy created by the death or resignation of
such officer, the appointment of the substitute shall terminate, and the
substitute immediately shall deliver to such officer or successor all
records and other incidents of the office, together with a full and
detailed statement of accounting covering the entire period of service as
substitute. Upon the
termination of any leave granted by ORS 408.240, every public employee
shall be restored to the position without loss of seniority or other
benefits. It is the intention of the Legislative Assembly that such
employee shall be restored in such manner as to give the employee the
status in employment that the employee would have enjoyed if the employee
had continued in such employment continuously from the time of entering
the Armed Forces until the time of restoration to such employment. Any
person so restored to the position shall not be discharged from such
position without cause within one year after such restoration. Any
employee who has not completed the probationary period in the position at
the time of leaving for military duty, shall, upon returning to such
position, be required to serve the remainder of such probationary period,
notwithstanding the granting of continuous time credit for time served in
the Armed Forces.
Whenever the term of office of an elected public officer expires during
military service in the Armed Forces of the United States for which a
leave of absence has been granted pursuant to ORS 408.240 and the officer
is reelected to such office, the officer shall continue in such office
and on such leave of absence. The pro tem officer acting in the place and
stead shall continue to act in said capacity during the continuation of
such leave of absence of such public officer. Whenever the leave of
absence of the reelected public officer has terminated, and the reelected
public officer has qualified for the resumption of the duties of said
office as required by law, and has conformed to the requirements of ORS
408.240, the appointment of the substitute of the reelected officer shall
terminate in the same manner as provided in ORS 408.260.(1) Except as provided in subsection (2) of this section,
for all periods of annual active duty for training as a member of the
National Guard, National Guard Reserve or of any reserve component of the
Armed Forces of the United States or of the United States Public Health
Service, any officer or employee of the state, or of any county,
municipality or other subdivision of the state, is entitled, upon
application therefor, to a leave of absence from duties for a period not
exceeding 15 days in any one training year, without loss of time, pay or
regular leave and without impairment of efficiency rating or other rights
or benefits to which the officer or employee is entitled.
(2) Unless the officer or employee has been employed by the state
or by any county, municipality or other political subdivision of the
state for a period of six months next preceding application, no officer
or employee is entitled to receive pay for any period during which the
officer or employee is on military leave.
(3) As used in this section, “training year” means the federal
fiscal year for any particular unit of the National Guard or a reserve
component. [Amended by 1955 c.104 §1; 1969 c.368 §1; 1993 c.197 §1]STATE AID TO VETERANS EXPOSED TO HERBICIDESORS 408.305 to 408.340 shall be known and may
be cited as the Oregon Vietnam Veteran Benefits Act of 1983. [1983 c.658
§1] As used in ORS
408.305 to 408.340, unless the context requires otherwise:
(1) “Agent Blue” means the herbicide composed primarily of
cacodylic acid (organic arsenic) and inorganic arsenic.
(2) “Agent Orange” means the herbicide composed primarily of
trichlorophenoxyacetic acid and dichlorophenoxyacetic acid.
(3) “Agent White” means any herbicide composed primarily of 2, 4, D
and picloram.
(4) “Causative agent” includes Agent Blue, Agent Orange, Agent
White and any other combination of chemicals consisting primarily of 2,
4, D or 2, 4, 5, T or any other chemical or biological agent used by any
government involved in the Vietnam Conflict, or diseases endemic to
Southeast Asia, including, but not limited to, the disease known as
melioidosis.
(5) “Department” means the Department of Human Services.
(6) “Veteran” means any individual who resides in this state, who
served on active duty in the Armed Forces of the United States for a
period of not less than 180 days any part of which occurred between
January 1, 1962, and May 7, 1975, within the borders of Vietnam,
Cambodia, Laos or Thailand, and who was either a resident of this state
at the time of enlistment, induction or other entry into the Armed Forces
or became a bona fide resident of Oregon prior to April 1, 1981. [1983
c.658 §2; 1985 c.574 §1](1) A physician who has primary responsibility for the
treatment of a veteran who may have been exposed to causative agents
while serving in the Armed Forces of the United States or for the
treatment of a veteran’s spouse, surviving spouse or minor child who may
be exhibiting symptoms or conditions that may be attributable to the
veteran’s exposure to causative agents shall, at the request and
direction of the veteran, veteran’s spouse or surviving spouse or the
parent or guardian of such minor child, submit a report to the Department
of Human Services. The report shall be made on a form adopted by the
department and made available to physicians and hospitals in this state.
(2) If there is no physician having primary responsibility for the
treatment of a veteran, veteran’s spouse, surviving spouse or minor
child, then the senior medical supervisor of the hospital or clinic
treating the veteran, veteran’s spouse, surviving spouse or minor child
shall submit the report described in this section to the department at
the request and direction of the veteran, veteran’s spouse or surviving
spouse or the parent or legal guardian of a veteran’s minor child.
(3) The form adopted by the department under this section shall
list the symptoms commonly attributed to exposure to causative agents,
and shall require the following information:
(a) Symptoms of the patient which may be related to exposure to
causative agents.
(b) A diagnosis of the patient’s condition.
(c) Methods of treatment prescribed.
(d) Any other information required by the department.
(4) The department, after receiving a report from a physician,
hospital or clinic under this section, may require the veteran, veteran’s
spouse, surviving spouse or minor child to provide such other information
as may be required by the department. [1983 c.658 §3](1) ORS 408.310 applies to all
veterans, spouses, surviving spouses and minor children of veterans
treated by a physician, hospital or clinic after January 1, 1982.
Physicians, hospitals or clinics shall submit the reports and study
required under ORS 408.310 for veterans, spouses, surviving spouses and
minor children of veterans treated prior to that date when requested and
directed to do so by such individuals.
(2) ORS 408.300 to 408.340 apply to all physicians, hospitals and
clinics, whether public or private, within the State of Oregon. [1983
c.658 §8] The Oregon
Public Health Advisory Board created under ORS 431.195 shall:
(1) Order the compilation of statistical data from information
obtained under ORS 408.310 and determine the use and dissemination of
that data.
(2) Make recommendations to the Director of Human Services or the
Director of Veterans’ Affairs concerning the implementation and operation
of programs authorized by ORS 408.300 to 408.340.
(3) Assess programs of federal agencies operating for the benefit
of veterans exposed to causative agents and their families, and make
recommendations to the appropriate agencies for the improvement of those
programs.
(4) Suspend or terminate specific programs or duties required under
ORS 408.300 to 408.340 when necessary to prevent duplication of those
programs or duties by other governmental agencies.
(5) Apply for, receive and accept any grants or contributions
available from the United States or any of its agencies for the purpose
of carrying out ORS 408.300 to 408.340.
(6) When the advisory board considers it necessary for the health
and welfare of veterans and the spouses, surviving spouses and minor
children of veterans, ask the Attorney General to initiate proceedings as
provided under ORS 408.335.
(7) Report biennially to the Legislative Assembly or to the
Emergency Board, as appropriate, as necessary to accomplish the
objectives of ORS 408.300 to 408.340 concerning the programs instituted
under ORS 408.300 to 408.340. [1983 c.658 §5] (1) The
Department of Human Services and the Oregon Public Health Advisory Board
shall institute a cooperative program to refer veterans to appropriate
state and federal agencies for the purpose of filing claims to remedy
medical and financial problems caused by exposure to causative agents.
(2) The Director of Human Services, after receiving the
recommendations of the advisory board, shall adopt rules to provide for
the administration and operation of programs authorized by ORS 408.300 to
408.340. The Director of Human Services shall cooperate with appropriate
state and federal agencies in providing services under ORS 408.300 to
408.340. [1983 c.658 §7] If the
Oregon Public Health Advisory Board determines that any federal agency is
adequately performing the referral functions described in ORS 408.325,
the advisory board may suspend or terminate any program or duty required
under ORS 408.300 to 408.340 in order to avoid duplication of services.
[1983 c.658 §9](1) When requested to do so by the
Director of Veterans’ Affairs, the Attorney General shall represent, on
behalf of all of the members of the class, one or more members of the
class of veterans, spouses and surviving spouses of veterans and minor
children of veterans who allege injuries caused by exposure to or contact
with causative agents, and appear for them in any court or before any
administrative agency in any proceeding to compel release of individual
medical records, United States Department of Veterans Affairs medical and
claim files or any other information relating to causative agents during
military service.
(2) When requested to do so by the Director of Veterans’ Affairs,
the Attorney General shall represent, on behalf of all of the members of
the class of veterans, one or more veterans in any proceeding to compel
the United States Department of Veterans Affairs to comply with the
requirements of the Veterans’ Health Care, Training, and Small Business
Loan Act of 1981, P.L. 97-72 (38 U.S.C. 610 et seq.) or any other public
law, regulation or administrative directive and to release any records or
reports prepared under that Act relating to exposure to dioxin or other
toxic substances found in a herbicide or defoliant used for military
purposes.
(3) The expenses incurred by the Attorney General under this
section shall be paid from the General Fund.
(4) The Attorney General shall seek a judgment ordering the payment
of all expenses incurred by the Attorney General from the agency against
which the action was brought. [1983 c.658 §6; 1985 c.574 §2; 1991 c.67
§99] (1) A physician, hospital or
clinic subject to ORS 408.300 to 408.340 shall not be subject to any
criminal or civil liability for providing information required under ORS
408.300 to 408.340.
(2) Nothing in this section shall prevent, however, any action for
negligence by a physician, hospital or clinic in choosing or providing
medical treatment. [1983 c.658 §4]OREGON VETERANS’ HOMES(1) Subject to
approval by the Director of the Oregon Department of Administrative
Services as provided in section 3, chapter 795, Oregon Laws 1993, the
Department of Veterans’ Affairs is authorized to issue certificates of
participation for the purposes of constructing an Oregon Veterans’ Home.
(2) When issuance of the certificates of participation is approved
by the Director of the Oregon Department of Administrative Services, the
Department of Veterans’ Affairs may issue the certificates of
participation, but not earlier than the 120th day after September 8, 1993.
(3) The Department of Veterans’ Affairs shall expend the proceeds
from the sale of the certificates of participation for construction of an
Oregon Veterans’ Home and shall take any other action considered by the
department to be necessary or appropriate for the construction and
operation of an Oregon Veterans’ Home. [1993 c.795 §2; 2005 c.625 §55]Note: 408.360 to 408.385 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 408 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
Moneys to pay for the expenses of operating the Oregon Veterans’ Home may
be appropriated from:
(1) The General Fund;
(2) The Oregon War Veterans’ Fund pursuant to section 1 (1)(e),
Article XI-A, Oregon Constitution; and
(3) Moneys donated to the trust fund established by the Director of
Veterans’ Affairs under ORS 406.050 for the purpose of paying for the
expenses of operating the Oregon Veterans’ Home, or moneys in the trust
fund that the director determines may be expended for those purposes.
[1993 c.795 §7; 2001 c.102 §2; 2001 c.104 §141; 2003 c.302 §1]Note: See note under 408.360. (1) There is created in the
State Treasury, separate and distinct from the General Fund, the Oregon
Veterans’ Home Account. Moneys credited to the account are appropriated
continuously to the Director of Veterans’ Affairs to pay expenses that
the director determines are appropriate for developing, operating and
maintaining each Oregon Veterans’ Home including, but not limited to,
providing care and services to the residents of each home and the costs
of administration incurred by the director.
(2) The account shall consist of moneys received by the director
that relate to the development, operation or maintenance of each Oregon
Veterans’ Home, including but not limited to residents’ fees and charges,
per diem payments received from the United States Department of Veterans
Affairs and Medicare payments. The director may transfer moneys to the
account from the Oregon War Veterans’ Fund and from other funds and
accounts administered by the director.
(3) Earnings on moneys in the account shall be credited to the
account.
(4) Disbursements from the account may be made by the director for
the purposes set forth in subsection (1) of this section. The director
may also transfer moneys from the account to the Oregon War Veterans’
Fund. [1999 c.51 §1]Note: See note under 408.360. (1) In addition to the other
uses for the Oregon Housing Fund set forth in ORS 458.600 to 458.655,
financial support for an Oregon Veterans’ Home is a permitted use of
moneys from the Oregon Housing Fund.
(2) Notwithstanding ORS 442.315, 442.325 and 442.584, an Oregon
Veterans’ Home is not subject to any certificate of need requirement but
is otherwise subject to the authority of the Health Resources Commission.
[1993 c.795 §§1,4]Note: See note under 408.360.The Director of Veterans’ Affairs shall enter into a contract
with a nongovernmental entity for the operation and management of the
second Oregon Veterans’ Home authorized by section 1, chapter 591, Oregon
Laws 1995. The entity with whom the director contracts under this section
shall be a person experienced in the operation and staffing of long term
care facilities, as defined in ORS 442.015. The contract executed under
this section shall be subject to the requirements of ORS chapters 279A
and 279B, except ORS 279A.140 and 279B.235, and shall provide that:
(1) The party who contracts to manage and operate the second Oregon
Veterans’ Home shall be responsible for hiring and maintaining the
necessary staff for the facility.
(2) The Director of Veterans’ Affairs shall assign not more than
one state employee on a full-time basis to provide oversight of the
management of the facility.
(3) The second Oregon Veterans’ Home shall admit only patients who
are war veterans, as defined in ORS 174.105. [1995 c.591 §4; 2003 c.794
§274]Note: See note under 408.360.(1) The Oregon Veterans’ Home authorized by section 1, chapter 591,
Oregon Laws 1995, is subject to all state laws and administrative rules
and all federal laws and administrative regulations to which long term
care facilities operated by nongovernmental entities are subject,
including the requirement to obtain a certificate of need under ORS
442.315 from the Department of Human Services.
(2) As used in this section, “long term care facility” has the
meaning given that term in ORS 442.015. [1995 c.591 §6; 2005 c.22 §270]Note: See note under 408.360.The State of Oregon and the Director of Veterans’ Affairs shall
not establish more than two Oregon Veterans’ Homes until the two
facilities authorized by law on July 17, 1995, are constructed and have
provided services to patients for a period of time that is sufficient to
allow a determination to be made concerning the effectiveness and
efficiency of the facilities in providing for the needs of the veterans
of Oregon for long term care. Nothing in this section shall be construed
to support any further consideration for additional veterans’ homes.
[1995 c.591 §5]Note: See note under 408.360. When
such power is conferred or contained in their charters or Acts of
incorporation, incorporated cities may purchase, receive, take and
acquire by eminent domain, or otherwise, and within or without corporate
limits, land and necessary or convenient means of access thereto by
roads, ways, streets, railroad spurs, bridges, or the like, and sell or
donate the same to the Director of Veterans’ Affairs for the construction
thereon of an Oregon Veterans’ Home. Such acquisition and donation shall
be deemed for the general use and benefit of the inhabitants of any city
exercising the powers granted by this section and for the general use and
benefit of the veterans of the State of Oregon. For the purpose of
exercising the power of eminent domain under this section and ORS 408.395
or under the provision in any municipal charter based upon this section,
such taking or acquisition shall be deemed to be for a public and
municipal use. [Formerly 408.510] In
connection with the exercise of the powers granted by ORS 408.390, such
incorporated cities may incur such indebtedness and issue such bonds,
warrants or other evidences of debt as their respective charters may
authorize. [Formerly 408.520] For the
purpose of exercising the powers conferred by ORS 408.390, any
incorporated city may bring and maintain any suit or action for the
appropriation, condemnation or taking of real property within or without
its corporate limits, in fee simple or otherwise, including riparian
rights, rights of way and other easements. The city may proceed to have
such property appropriated and the compensation therefor determined and
paid, in the manner provided by law for exercising of the power of
eminent domain by municipal corporations. [Formerly 408.530]COUNTY AID TO VETERANS; MISCELLANEOUS BENEFITSThe county governing body in each county may appoint
a service officer who shall give aid and assistance to any veteran, the
spouse or dependents of the veteran, in applying for all benefits and aid
to which they are entitled by federal, state or local laws, rules and
regulations. The county governing body shall fix the compensation of the
service officer, provide the service officer with an office and the
necessary equipment therefor in the same manner as provided for any other
county officer. If a county governing body appoints a service officer,
the governing body shall also provide in the annual budget for
expenditure of moneys sufficient to enable the county to employ the
service officer, to properly maintain the office provided for the service
officer and to pay the costs incurred by the service officer in providing
assistance to veterans, their spouses and dependents. The annual
expenditures required by this section shall be made from the county funds
referred to in ORS 408.720. [Amended by 1995 c.557 §1] Each county clerk shall
maintain in the office a special book in which the county clerk shall,
upon request, record the final discharge of any war veteran. No recording
fee shall be collected when the war veteran requesting such record is an
actual resident of said county or was such a resident at the time of
entrance into the service of the United States. In all other cases a
legal fee shall be charged. There shall be kept in connection with such
record, an alphabetical index referring to the name of the soldier,
sailor or marine whose name appears in each discharge paper so recorded.
Such books as are necessary for the recording of the discharge papers
shall be paid for by the several counties in the manner provided for
paying other claims against the county.The county clerk or a court clerk or court administrator
shall administer all oaths required in matters of pensions, certify
pension vouchers, affix the seal of the court whenever required, and make
and prepare copies of any documents of record in the office and certify
thereto any matter required by veterans seeking benefits from any agency
or department of the State of Oregon or federal government, without any
charge, fee or compensation. [Amended by 1993 c.223 §9]No suit or action shall be commenced or
maintained, during the period provided for in this section, to foreclose
any mortgage upon real property, or to collect the debt secured thereby,
if the land covered by the mortgage is owned, wholly or in part, by an
enlisted person in the Army or Navy of the United States, who enlisted
therein in the volunteer forces or who enlisted in the National Guard of
the United States and of the State of Oregon and the organization of the
enlisted person was called into the service of the United States. The
lands of any such soldier or sailor shall be exempt from judicial sale
for the satisfaction of any judgment during the period provided for in
this section. This moratorium shall extend only during the period of
actual service in the army or navy forces of the United States, and in no
case shall begin prior to the day on which the Congress of the United
States declares war, nor continue after 60 days subsequent to the
conclusion of such war. All statutes of limitation in effect in this
state shall be suspended during the period described in this section, as
to such mortgages, debts and judgments. No person in the
military or naval service of the United States, or any auxiliary corps
thereof, while exercising any privilege in this state by virtue of having
paid an annual license or privilege fee to any state board or commission
for the right to practice a profession or engage in a trade, shall lose
such privilege because of failure to pay any such fee for any subsequent
year during the period the person is in such service, unless dishonorably
discharged therefrom. Upon being discharged from such service under
honorable conditions and upon written application within 60 days of such
discharge, every such person shall be restored to former status with
respect to any such privilege without the necessity of paying the then
current license fee. Lawful claims
payable from the Memorial Fund, 116th Engineers, or the fund entitled
Unclaimed Back Pay Due Second Oregon Volunteers, shall be paid, upon
approval of the Adjutant General, from the General Fund.All honorably discharged soldiers, sailors and marines who served
in the forces of the United States during the Spanish War or Philippine
Insurrection at any time between April 23, 1898, and July 4, 1902, who
are now deceased or may hereafter die in Oregon or who being residents of
Oregon die outside of Oregon, may be interred in the burial plot
established pursuant to sections 1 to 3, chapter 72, Oregon Laws 1911. In case of
the establishment of a national soldiers’ home or branch thereof at or
near Roseburg, Douglas County, Oregon, and any persons lawfully entitled
prior to February 26, 1931, to be cared for in the Oregon State Soldiers’
Home formerly located at that location and not to be cared for in said
national soldiers’ home or branch thereof, then the Department of Human
Services shall have authority to enter into contract with the United
States Government for the care of such persons in such home.The county court or board of county commissioners of each county
is authorized annually to budget and pay such amount of money as it may
deem reasonable for the purpose of purchasing flags of the United States
for placement, by any nationally chartered organization or organizations
of war veterans, annually on or prior to Memorial Day, upon the graves of
deceased war veterans of the United States who are interred within the
county. [1953 c.355 §1](1) The Oregon Veterans’ Emergency Financial Assistance Program is
created.
(2) The purpose of the program is to provide emergency financial
assistance to Oregon veterans and their immediate families for needs that
include but are not limited to:
(a) Emergency or temporary housing and related housing expenses,
such as expenses for utilities, insurance, house repairs, rent assistance
or food;
(b) Emergency medical or dental expenses;
(c) Emergency transportation;
(d) Expenses related to starting a business, such as business
licenses or occupational licenses;
(e) Temporary income after military discharge; and
(f) Legal assistance.
(3) The Director of Veterans’ Affairs shall adopt rules
implementing subsection (2) of this section, including but not limited to
establishing procedures for applying for emergency financial assistance
and criteria for determining eligibility to receive emergency financial
assistance.
(4) As used in this section:
(a) “Immediate family” means a spouse, child or stepchild.
(b) “Veteran” means:
(A) A veteran as defined in ORS 408.225;
(B) A person who is a member of the Oregon National Guard who has
been demobilized after serving on federal active duty for more than 30
days; or
(C) A person who is an Oregon resident, is a member of the Reserves
and has been demobilized after serving on federal active duty for more
than 30 days. [2005 c.831 §6]Note: 408.500 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 408 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.USE OF PUBLIC FACILITIES BY VETERANS’ ORGANIZATIONS All buildings
acquired or constructed by county courts pursuant to chapter 595, Oregon
Laws 1947, shall be made available for the use of any veterans’
organizations and their auxiliaries located in the city, town or
community where any such building is located.In counties where there is no armory belonging
to or under control of state authority, the county courts or boards of
county commissioners, upon written application of the commander or
president of any organized unit of war veterans or its auxiliary, shall
allow its unit organized in such county, free of cost, to occupy a
portion of the courthouse or any other public building, when such
occupancy does not materially interfere with occupancy of the building
for the original purposes for which it was intended. [Amended by 1961
c.454 §210]MENTALLY ILL VETERANS
When a veteran who has been adjudged mentally ill is eligible for
treatment in a United States veterans facility and commitment is
necessary for the proper care and treatment of such veteran, the
Department of Human Services or community mental health and developmental
disabilities program director, as provided under ORS 426.060, may, upon
receipt of a certificate of eligibility from the United States Department
of Veterans Affairs, assign the person to the United States Department of
Veterans Affairs for care, custody and treatment in a United States
veterans facility. Upon admission to any such facility, the veteran shall
be subject to the rules and regulations of the United States Department
of Veterans Affairs and provisions of ORS 426.060 to 426.395 and related
rules and regulations of the Department of Human Services. The chief
officer of such facility shall be vested with the same powers exercised
by superintendents of state hospitals for the mentally ill within this
state with reference to the retention, transfer, trial visit or discharge
of the veteran so assigned. The commitment of a veteran to a veterans
facility within this state by a court of another state under a similar
provision of law has the same force and effect as if the veteran was
committed to a veterans facility within that other state. [Amended by
1975 c.690 §26; 1991 c.67 §100]Upon receipt of a certificate of eligibility and available
facilities, the Department of Human Services may cause to be transferred
any veteran from any facility to which the veteran has been assigned to a
United States veterans facility. No veteran under sentence by any court,
or committed by any court after having been charged with any crime and
acquitted on the ground of mental disease or defect, may be transferred
without an order of such court authorizing the transfer. Whenever any
veteran, not a convict, has been committed by order of a court and is
transferred as provided in this section, the order of commitment shall be
held to apply to the facility to which the veteran is transferred as to
any other facility to which the veteran could be assigned or transferred
under ORS 426.060. [Amended by 1975 c.690 §27]BENEFITS TO INDIGENT VETERANS
(1) As used in ORS 408.710 to 408.750, “indigent war veteran” means any
war veteran who is without means of procuring the necessities of life.
(2) No person shall be deprived of the benefits provided for in ORS
408.720 to 408.750 by reason of the fact that the person owns property
which is not of such a character that it may be used to give assistance
to the person, or owns a home which is not disproportionate to the needs
of such veteran and family. No person shall be deprived of such benefits
until the person has ceased to be domiciled in the county for a period of
one year.(1) Except as
provided in subsection (3) of this section, in addition to the taxes now
authorized to be levied by law, a county governing body may levy in each
year a tax not exceeding one-eightieth of one percent (0.000125) of the
real market value of all taxable property within the county, computed in
accordance with ORS 308.207. The tax shall be levied and collected in the
same manner as other county taxes and is subject to the limits set forth
in ORS 310.150.
(2) The taxes collected shall be set apart in the county treasury
as a special fund for the purpose of financing the employment and the
activities of the service officer appointed under ORS 408.410. If an
unobligated balance remains in the special fund at the end of a fiscal
year, the unobligated balance may be carried forward to the next fiscal
year and expended for the purposes described in this subsection.
(3) A county governing body need not levy the tax authorized under
subsection (1) of this section in any fiscal year when, at the beginning
of the fiscal year, the unobligated balance in the special fund described
in subsection (2) of this section is sufficient to finance the employment
and activities of the service officer for the entire fiscal year.
(4) If the unobligated balance in the special fund at the beginning
of a fiscal year is not sufficient to finance the employment and
activities of the service officer for the entire fiscal year or if the
levy authorized by subsection (1) of this section is not made by a county
governing body for any year for the objects specified in subsection (2)
of this section, all expenses incurred under ORS 408.410 and 408.720 to
408.750 shall be paid from the general funds in the treasury of the
county the same as though such levy had been duly made. [Amended by 1963
c.9 §24; 1991 c.459 §398; 1995 c.557 §2](1) The commander or executive head of any veterans
organization organized under a charter issued by an Act of Congress,
proposing to undertake the relief provided for in ORS 408.720, shall file
with the county clerk of the county in which the veterans organization
may be situated, the names of its commander or executive head and its
relief committee, if any. The commander or executive head shall also file
a notice in writing that such veterans organization will undertake the
relief of the indigent persons provided for in ORS 408.720, and by the
fourth Monday in January of each year shall file with the county clerk a
similar notice, and render and file a detailed statement of the relief
furnished during the preceding year, including the amount thereof, the
names of the persons to whom furnished and on whose recommendation, and
such other facts and suggestions as are deemed material.
(2) The commander or executive head shall also file a bond, with
one or more sureties, to be approved by the county court or judge
thereof, or board of county commissioners, in a sum not less than $100
and not more than $1,000. The amount of the bond shall be fixed by the
court, judge or board. It shall run to the county, and be conditioned by
stating that if said commander or executive head faithfully applies all
funds that come into the hands of the commander or executive head for
that purpose, to the relief of the indigent persons named in ORS 408.720,
it is void. If the bond is enforced there shall be recovered from the
principal and sureties thereon the amount which is found to be
misappropriated, which shall be paid into the county treasury.
(3) If the county operates on a fiscal year ending on June 30, the
notice, statement and bond required by this section may be filed on the
fourth Monday in July of each year rather than on the fourth Monday of
January. If the statement required by subsection (1) of this section is
filed at the time provided in this subsection, this statement shall cover
the preceding fiscal year.
(4) On the approval and filing of the bond, and on the
recommendation of the relief committee of any such veterans organization,
orders shall be drawn in favor of the commander or executive head in the
same manner as orders are now drawn for the relief of the poor. The
orders shall designate thereon the names of the persons for whom the
relief is intended and, in like manner, a sum not exceeding $100 may be
drawn to pay the funeral expenses of an indigent war veteran, and the
indigent wives, widows and the minor children of such war veterans.
[Amended by 1955 c.56 §1]
The relief fund may be disbursed by an officer to be appointed by the
county court or board of county commissioners. The commanders or
executive heads of the various veterans organizations shall constitute an
advisory board to consult and advise with the court or board relative to
administration and disbursement of the fund. Such officer shall
investigate all requests for relief, and no warrant shall be paid from
the fund except upon the order of such officer. The officer shall give
such bond as may be required and approved by the court or board, and may
be removed at any time by the court or board. If any vacancy occurs in
such office, the court or board shall appoint a successor to such
officer. Such officer shall be paid a salary from funds of the county
other than the relief fund, to be fixed by the court or board, and
audited and paid in the manner that county officers are paid, as provided
by law.(1) If there
is no war veterans organization within any county in this state, the
county judge thereof shall undertake the relief provided for in ORS
408.720.
(2) The county judge in a county in which there is a war veterans
organization, shall not send to the county poorhouse any person for whom
relief is provided by ORS 408.720, without first obtaining the consent of
the organization’s commander or executive head. All the indigent persons
named in ORS 408.720 shall be provided for, so far as practicable, at
their homes.
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