Chapter 357
AN ACT
HB 2162
Relating to survivors of veterans; creating new provisions; and
amending ORS 406.450, 406.452, 406.454, 406.456 and 408.410.
Be It Enacted by the People of
the State of
SECTION 1. As
used in ORS 406.450, 406.452, 406.454 and 406.456, “survivor of a veteran”
means the spouse or a dependent of a deceased veteran.
SECTION 2.
ORS 406.450 is amended to read:
406.450. (1) The
Director of Veterans’ Affairs shall establish a program to enhance and expand the
services provided by county veterans’ service officers appointed under ORS
408.410.
(2) The program shall:
(a) Conduct outreach and
provide veterans, [and their]
spouses and dependents of veterans or survivors of veterans with:
(A) Information regarding
veterans’ benefit programs and other benefit programs; and
(B) Assistance by
trained representatives who are certified by the state in applying for all
federal and state veterans’ benefits and aid to which veterans, [and their] spouses and dependents of
veterans or survivors of veterans may be entitled on account of [their] the veterans’ military
service and in appealing any denial of veterans’ benefits or aid;
(b) Develop and offer
informational materials and training opportunities for county veterans’ service
officers;
(c) Develop a
comprehensive and coordinated statewide network of information and referral
resources for veterans, [and their]
spouses and dependents of veterans or survivors of veterans;
(d) Ensure that the
receipt of veterans’ benefits or aid does not adversely impact other benefits
or aid that a veteran [or],the
spouse or dependent of a veteran or a survivor of a veteran may be
receiving or may be eligible to receive; and
(e) Facilitate
coordination of computer systems to ensure the seamless transfer of
information.
SECTION 3.
ORS 406.452 is amended to read:
406.452. The Director of
Veterans’ Affairs may establish by rule a state certification program for
veterans’ service officers appointed under ORS 408.410 and other individuals
providing similar services to ensure their competency. The program curriculum
shall provide the training and education necessary to allow veterans’ service
officers and other individuals to assist veterans, [and their] spouses and dependents of veterans or survivors of
veterans in applying for all federal and state veterans’ benefits and aid
to which veterans, [and their]
spouses and dependents of veterans or survivors of veterans may be
entitled and in appealing any denial of veterans’ benefits or aid. The
curriculum shall include, but need not be limited to, training and education in
the following areas:
(1) Applicable federal,
state and local laws providing benefits or aid for veterans, [and their] spouses and dependents of
veterans or survivors of veterans and other benefits or aid for which
veterans, [or their] spouses
or dependents of veterans or survivors of veterans may be eligible;
(2) Skills necessary to
provide quality representation and advocacy on behalf of veterans, [or their] spouses or dependents of
veterans or survivors of veterans, including case preparation and handling
of administrative hearings and appeals;
(3) Effective
communication skills;
(4) Health care, human
services and referral resources; and
(5) Claims management.
SECTION 4.
ORS 406.454 is amended to read:
406.454. (1) The
Director of Veterans’ Affairs shall adopt by rule a formula to distribute to
county governing bodies funds appropriated to the director to enhance and
expand the services provided by county veterans’ service officers appointed
under ORS 408.410. In developing the distribution formula, the director shall
consider factors that include, but need not be limited to:
(a) The number of
veterans residing in each county;
(b) A base amount to be
distributed equally among counties;
(c) Retention of an
amount, not to exceed six percent of the total amount appropriated to the
director for the purposes of ORS 406.450, that would otherwise be distributed
to a county governing body if the county governing body has not appointed
county veterans’ service officers; and
(d) Criteria for
withholding funds from a county governing body.
(2) Funds retained under
subsection (1)(c) and (d) of this section must be spent on:
(a) Training costs of
veterans’ service officers and other individuals providing similar services;
and
(b) The coordination of
computer systems and technology to facilitate efficient delivery of services to
veterans, [and their] spouses
and dependents of veterans or survivors of veterans.
SECTION 5.
ORS 406.456 is amended to read:
406.456. The Director of
Veterans’ Affairs shall adopt rules to implement ORS 406.450, 406.452 and
406.454. The rules shall include, but need not be limited to:
(1) Development and
implementation of a distribution formula;
(2) Establishment of
reporting and data collection requirements for county veterans’ service
officers including, but not limited to, the number of interviews conducted, the
number of veterans, [and]
spouses and dependents of veterans or survivors of veterans served by
the program, the number of claims filed, the outcomes of claims filed and the
outreach activities conducted; and
(3) Establishment of
service outcomes for county veterans’ service officers.
SECTION 6.
ORS 408.410 is amended to read:
408.410. (1) The
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
or the survivors 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 of veterans or survivors of veterans. The annual
expenditures required by this section shall be made from the county funds
referred to in ORS 408.720.
(2) As used in this
section, “survivor of a veteran” means the spouse or a dependent of a deceased
veteran.
Approved by the Governor June 12, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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