Chapter 857
AN ACT
HB 2208
Relating to benefits for performing military service; creating new
provisions; amending ORS 408.010, 408.020 and 408.060; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 408.010 is amended to read:
408.010. 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]
on or after June 25, 1950, [and
January 31, 1955, or subsequent to June 30, 1958, and] who was relieved or
discharged from [such] that
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.] “Beneficiary” does not include an alien, an
alien enemy, a person who avoided combat service by claiming to be a
conscientious objector, a person who served less than 90 days in the Armed
Forces of the United States or a person inducted or enlisted in the military or
naval service who received civilian pay for civilian work.
SECTION 2.
ORS 408.020 is amended to read:
408.020. (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[,].
(2) State financial aid
is 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.] and
$100 per month for each month of part-time study or training.
(3) The total number of
monthly payments under subsection (2) of this section may not exceed the total
number of months served in the Armed Forces of the
[(2)] (4) 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)] (5) 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)].
SECTION 3.
ORS 408.060 is amended to read:
408.060. (1) The monthly
payments provided in ORS 408.020 shall be allowed to any beneficiary who is
enrolled in [a] an approved
full-time or part-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]
the monthly statement is correct, shall issue a voucher to the Oregon
Department of Administrative Services which shall [issue] draw a warrant on the State Treasurer or make an
electronic transfer in favor of each beneficiary. [Such] The warrant or electronic transfer shall be
paid out of the funds appropriated for the administration of ORS 408.010 to
408.090.
SECTION 4. The amendments to ORS 408.010, 408.020 and
408.060 by sections 1, 2 and 3 of this 2007 Act first apply to the academic
term beginning in fall 2007.
SECTION 5. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor July 31, 2007
Filed in the office of Secretary of State July 31, 2007
Effective date July 31, 2007
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