71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 922
Senate Bill 391
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Veterans' Affairs)
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 as
introduced.
Modifies authority of Director of Veterans' Affairs to
establish and administer trust fund for grants, donations and
gifts accepted by director on behalf of veterans' welfare.
A BILL FOR AN ACT
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.
(c) To the nearest of kin of the decedent or the nominee of the
nearest of kin 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
(C) A criminal records check in Oregon discloses the existence
of a criminal record in another jurisdiction.
(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.
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