74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2162
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Veterans' Affairs)
CHAPTER ................
AN ACT
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 Oregon:
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
Enrolled House Bill 2162 (HB 2162-INTRO) Page 1
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,
Enrolled House Bill 2162 (HB 2162-INTRO) Page 2
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. + }
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Passed by House February 8, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 18, 2007
...........................................................
President of Senate
Enrolled House Bill 2162 (HB 2162-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2162 (HB 2162-INTRO) Page 4