Chapter 102 Oregon Laws 2001

AN ACT

SB 391

Relating to trust fund established by Director of Veterans' Affairs; amending ORS 113.085, 125.240, 125.410, 406.050, 408.365 and 805.205; and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 406.050 is amended to read:

406.050. In addition to other powers and duties, the Director of Veterans' Affairs is authorized:

(1) To cooperate with officers and agencies of the United States in all matters affecting veterans' welfare.

(2) To accept grants, donations and gifts on behalf of this state for veterans' welfare[,] from any person, corporation, government or governmental agency[, made for the benefit of a former member of the armed forces of this or any other country]. Grants, donations and gifts so received shall be deposited with the State Treasurer and credited to a [special] trust fund. Moneys in the trust fund are continuously appropriated to the director and expendable for the purposes specified in [the grant, donation or gift, if any. If no special limitation upon the expenditure thereof is specified as a condition of the grant, donation or gift, it shall be credited to the fund expendable for administration of ORS 406.010 to 406.070, 406.090, 406.210, 406.220 and 406.340.] subsections (3) and (4) of this section. Interest earned on the moneys in the trust fund created under this subsection shall accrue to the trust fund.

(3) To expend all or any portion of a grant, donation or gift for the purposes specified in the grant, donation or gift.

(4) To expend all or any portion of a grant, donation or gift in the trust fund created under subsection (2) of this section for the administration of ORS 406.010 to 406.070, 406.090, 406.210, 406.220 and 406.340 and for the administration and purposes of ORS 408.368 when:

(a) The director determines that the purpose specified in the grant, donation or gift has been satisfied, or is not feasible or appropriate; or

(b) The grant, donation or gift specifies no purpose.

(5) To donate or otherwise transfer all or any portion of a grant, donation or gift to other persons, corporations or entities engaged in serving veterans if the director determines that the nature of the grant, donation or gift makes use by the director or conversion to cash for use by the director not feasible or appropriate.

[(3)] (6) To act as agent or attorney in fact for any war veteran and the dependents or beneficiaries of any war veteran relating to rights under any federal or state law.

[(4)] (7) To act without bond as conservator of the estate of a person who qualifies for benefits from the United States Department of Veterans Affairs when the director determines no other suitable person will so act.

[(5)] (8) On behalf of the State of Oregon to extend such assistance as the director shall determine to be reasonably required to any war veteran and to the dependents of any such war veteran, in the prosecution of any claim or claims before the United States Department of Veterans Affairs, or any other federal or state agency, the securing of employment or relief and any other benefits to which they might be entitled. The director may adopt rules and regulations with respect to all matters of administration to carry into effect the purposes of this section.

[(6)] (9) To require and collect such reasonable service charges as the director deems necessary and expedient to carry out a duty, or to exercise a power or authority, conferred on the director by law.

SECTION 2. ORS 408.365 is amended to read:

408.365. (1) When the Oregon Veterans' Home is constructed, if it becomes necessary to expend additional state moneys to pay for the expenses of operating the Oregon Veterans' Home, moneys shall not be appropriated from the General Fund for that purpose.

(2) Moneys to pay for the expenses of operating the Oregon Veterans' Home shall be appropriated only from:

(a) The Oregon War Veterans' Fund pursuant to section 1 (5), Article XI-A, Oregon Constitution[, or from a]; and

(b) Moneys donated to the trust fund established by the Director of Veterans' Affairs [and consisting of moneys donated to the trust fund] 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.

SECTION 3. ORS 113.085 is amended to read:

113.085. (1) Except as provided in subsection (2) of this section, upon the filing of the petition, if there is no will or there is a will and it has been proved, the court shall appoint a qualified person it finds suitable as personal representative, giving preference in the following order:

(a) To the executor named in the will.

(b) To the surviving spouse of the decedent or the nominee of the surviving spouse of the decedent.

(d) To the Assistant Director for Adult and Family Services or the designated representative of the assistant director, if it appears the decedent received public assistance pursuant to ORS chapter 411, 412, 413 or 414 and that such assistance is a claim against the estate.

(e) To the Director of Veterans' Affairs, if the decedent was a protected person under ORS 406.050 [(4)] (7), and the director has joined in the petition for such appointment.

(f) To any other person.

(2) If it appears that the decedent died wholly intestate and without heirs, the court shall appoint the Director of the Division of State Lands as personal representative. The Attorney General shall represent the director in the administration of the estate. Any funds received by the director in the capacity of personal representative may be deposited in accounts, separate and distinct from the General Fund, established with the State Treasurer. Interest earned by such account shall be credited to that account.

SECTION 4. ORS 125.240 is amended to read:

125.240. (1) If a petition seeks the appointment of a professional fiduciary as described in subsection (5) of this section, the petition must contain the following information in addition to that information required under ORS 125.055:

(a) A description of the events that led to the involvement of the professional fiduciary in the case.

(b) The professional fiduciary's educational background and professional experience.

(c) The fees charged by the professional fiduciary and whether the fees are on an hourly basis or are based on charges for individual services rendered.

(d) The names of providers of direct services to protected persons that are repeatedly used by the professional fiduciary under contract.

(e) The disclosures required under ORS 125.221 if the person nominated to act as fiduciary will employ a person in which the nominated person has a pecuniary or financial interest.

(f) The number of protected persons for whom the person performs fiduciary services at the time of the petition.

(g) Whether the professional fiduciary has ever had a claim against the bond of the fiduciary and a description of the circumstances causing the claim.

(h) Whether the professional fiduciary or any staff with responsibility for making decisions for clients or for management of client assets has ever filed for bankruptcy and the date of filing.

(i) Whether the professional fiduciary or any staff with responsibility for making decisions for clients or for management of client assets has ever been denied a professional license that is directly related to responsibilities of the professional fiduciary, or has ever held a professional license that is directly related to responsibilities of the professional fiduciary that was revoked or canceled. If such a license has been denied, revoked or canceled, the petition must reflect the date of the denial, revocation or cancellation and the name of the regulatory body that denied, revoked or canceled the license.

(j) A statement that the criminal records check required under subsection (2) of this section does not disqualify the person from acting as a fiduciary.

(k) Whether the professional fiduciary and any staff responsible for making decisions for clients or for management of client assets is or has been certified by a national or state association of professional fiduciaries, the name of any such association and whether the professional fiduciary or other staff person has ever been disciplined by any such association and the result of the disciplinary action.

(L) The name, address and telephone number of the individual who is to act as primary decision maker for the protected person and the name of the person with whom the protected person will have personal contact if that person is not the person who will act as primary decision maker for the protected person.

(2)(a) If a petition seeks the appointment of a professional fiduciary as described in subsection (5) of this section, the professional fiduciary and all staff with responsibility for making decisions for clients or for management of client assets must undergo a criminal records check before the court may appoint the professional fiduciary. The results of the criminal records check shall be provided by the petitioner to the court. Results of criminal records checks submitted to the court are confidential, shall be subject to inspection only by the parties to the proceedings and their attorneys, and shall not be subject to inspection by members of the public except pursuant to a court order entered after a showing of good cause. A professional fiduciary must disclose to the court any criminal conviction of the professional fiduciary that occurs after the criminal records check was performed. The criminal records check under this subsection shall consist of a check for a criminal record in the State of Oregon and a national criminal records check if:

(A) The person has resided in another state within five years before the date that the criminal records check is performed;

(B) The person has disclosed the existence of a criminal conviction; or

(b) The requirements of this subsection do not apply to any person who serves as a public guardian or conservator, or any staff of a public guardian or conservator, who is operating under ORS 125.700 to 125.730 or 406.050 and who is otherwise required to acquire a criminal records check for other purposes.

(3)(a) If a petition seeks the appointment of a public guardian and conservator operating under the provisions of ORS 125.700 to 125.730, or the appointment of a conservator under ORS 406.050 [(6)] (7), the petition need not contain the information described in subsection (1)(d) or (L) of this section.

(b) If a public guardian and conservator operating under the provisions of ORS 125.700 to 125.730 is appointed to act as a fiduciary, or a conservator operating under the authority of ORS 406.050 [(6)] (7) is appointed, the public guardian or conservator must file with the court within three days after receipt of written notice of the appointment a statement containing the name, address and telephone number of the individual who will act as primary decision maker for the protected person and the name of the person with whom the protected person will have personal contact if the person named as primary decision maker will not have personal contact with the protected person.

(4) If the court appoints a professional fiduciary as described in subsection (5) of this section, the professional fiduciary must update all information required to be disclosed by subsection (1) of this section and provide a copy of the updated statement upon the request of the protected person or upon the request of any person entitled to notice under ORS 125.060 (3). The professional fiduciary must provide an updated statement without demand to the court, the protected person and persons entitled to notice under ORS 125.060 (3) at any time that there is a change in the information provided under subsection (1)(L) or (3)(b) of this section.

(5) The provisions of this section apply to any person nominated as a fiduciary or serving as a fiduciary who is acting at the same time as a fiduciary for three or more protected persons who are not related to the fiduciary.

SECTION 5. ORS 125.410 is amended to read:

125.410. (1) Except as provided in subsection (2) of this section, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservator according to law, with sureties as specified by the court. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the control of the conservator plus one year's estimated income minus the value of securities and money deposited under arrangements requiring an order of the court for their removal and the value of any real property that the conservator, by express limitation of power, lacks power to sell or convey without court authorization.

(2)(a) The court may waive a bond for good cause shown.

(b) Subsection (1) of this section does not affect the provisions of ORS 709.240, relating to a trust company acting as fiduciary, ORS 125.715, relating to a public guardian acting as fiduciary, or ORS 406.050 [(4)] (7), relating to the Director of Veterans' Affairs acting as fiduciary.

(3) Sureties for a bond required under this section are jointly and severally liable with the conservator and with each other.

(4) Letters of conservatorship may not be issued until the bond required by this section is approved by the court.

(5) The bond of the conservator continues in effect until the sureties on the bond are released by order of the court.

(6) The court may at any time increase or reduce the amount of the bond required of a conservator for the protection of the protected person and the estate of the protected person.

(7) If a surety on a bond required by this section gives notice of intent to cancel the bond, the conservator shall execute and file in the protective proceeding a new bond before the cancellation date specified by the surety. The new bond shall be in the amount and subject to those conditions that may be required by the court. If the conservator fails to file a new bond, the authority of the conservator ends on the date specified by the surety for cancellation of the bond. The letters of conservatorship issued to the conservator are void from that date, and the conservator must make and file the final accounting of the conservator.

SECTION 6. ORS 805.205 is amended to read:

805.205. (1) The Department of Transportation by rule shall provide for issuance of registration plates described in subsection (3) of this section for nonprofit groups meeting the qualifications for tax exempt status under section 501(c)(3) of the Internal Revenue Code, for institutions of higher education and for veterans' organizations. The department shall also provide, upon request from a veterans' group or the Director of Veterans' Affairs, for issuance of a veterans' recognition registration plate that may be issued only to veterans. Plates issued under this section may be issued to owners of motor homes, travel trailers and motor vehicles registered under the provisions of ORS 803.420 (1). Plates issued under this section may not contain expressions of political opinion or religious belief. Rules adopted under this section shall include, but need not be limited to, rules that:

(a) Describe general qualifications to be met by any group in order to be eligible for plates issued under this section.

(b) Specify circumstances under which the department may cease to issue plates for any particular group.

(c) Require each group for which plates are issued, other than a group or the Director of Veterans' Affairs requesting a veterans' recognition plate, to file an annual statement on a form designed by the department showing that the group is a nonprofit group or an institution of higher education and otherwise meets the qualifications imposed for eligibility for plates issued under this section. The statement shall include names and addresses of current directors or officers of the group or of other persons authorized to speak for the group or institution on matters affecting plates issued under this section.

(d) Require proof of veteran status for issuance of a veterans' recognition plate and specify what constitutes proof.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection, in addition to any other fee authorized by law, upon issuance of a plate under this section and upon renewal of registration for a vehicle that has plates issued under this section, the department shall collect a surcharge of $5 per plate.

(b) In addition to any other fee authorized by law, upon issuance of a plate under this section that recognizes an institution of higher education in this state, and upon renewal of registration for a vehicle that has such plates, the department shall collect a surcharge of $16 per plate.

(3) Plates issued under this section shall be from the current regular issue of plates except that:

(a) In consultation with the group or the Director of Veterans' Affairs requesting the plates, the department shall add words to the plate that name or describe the group or veterans recognized.

(b) If the group or the Director of Veterans' Affairs requesting the plates represents persons who have been awarded the Purple Heart medal, the plates shall contain an image of the medal.

(c) If the group requesting the plates is an institution of higher education, the plates shall, upon request, contain words that indicate the plates are issued to recognize the institution or shall contain the institution's logo or an image of the institution's mascot.

(4)(a) Except as otherwise required by the design chosen, the plates shall comply with the requirements of ORS 803.535. At least 50 sets of plates shall be manufactured for each group approved under this section or for the Director of Veterans' Affairs. If the department does not sell or issue renewal for 50 sets of plates for a particular group or for the Director of Veterans' Affairs in any one year, the department shall cease production of those plates.

(b) Notwithstanding ORS 803.530, upon transfer of a vehicle for which veterans' recognition plates have been issued under this section, if the person to whom the plates were issued does not transfer the plates to another vehicle, the plates shall be returned to the department.

(5) Except as otherwise provided in subsection (6) of this section, each group that is found by the department to be eligible for plates issued under this section may designate an account into which the net proceeds of the surcharge collected by the department under subsection (2) of this section are to be deposited. The department shall keep accurate records of the number of plates issued for each group that qualifies. After payment of administrative expenses of the department, moneys collected under this section for each group shall be deposited by the department into an account specified by that group. If any group does not specify an account for the moneys collected from the sale of plates issued under this section, the department shall deposit moneys collected for those plates into the Environmental Quality Information Account established under ORS 802.100 to be used as other moneys in the account are used. Deposits under this subsection shall be made at least quarterly.

(6)(a) Each institution of higher education that requests a plate under this section shall designate an account in the general fund of the institution, and the proceeds in the account shall be used for the purpose of academic enrichment at the institution.

(b) Net proceeds of the surcharge collected by the department for the veterans' recognition plate shall be deposited in the trust fund established under ORS [408.365] 406.050 for paying the expenses of operating the Oregon Veterans' Home. Deposits under this paragraph shall be made at least quarterly.

Approved by the Governor April 23, 2001

Filed in the office of Secretary of State April 23, 2001

Effective date January 1, 2002

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