Chapter 370 Oregon Laws 2009

AN ACT

HB 2510

Relating to veterans’ preference in public employment; creating new provisions; and amending ORS 408.225 and 408.235.

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

SECTION 1. ORS 408.225 is amended to read:

          408.225. (1) As used in ORS 408.225 to 408.235:

(a)(A) “Civil service position” means any position for which a hiring or promotion decision is made or required to be made based on the results of a merit based, competitive process that includes, but is not limited to, consideration of an applicant’s or employee’s relative ability, knowledge, experience and other skills.

          (B) A “civil service position” need not be labeled a “civil service position.”

          [(a)] (b) “Combat zone” means an area designated by the President of the United States by executive order in which, on the dates designated by executive order, the Armed Forces of the United States are or have engaged in combat.

          [(b)] (c) “Disabled veteran” means a person entitled to disability compensation under laws administered by the United States Department of Veterans Affairs, a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty or a person who was awarded the Purple Heart for wounds received in combat.

          [(c)] (d) “Public employer” means [the state or any agency or political subdivision of the state and any person authorized to act on behalf of the state or any agency or political subdivision of the state] a public body, as that term is defined in ORS 174.109, and any person authorized to act on behalf of the public body, with respect to control, management or supervision of any employee.

          [(d)] (e) “Veteran” means a person who:

          (A) Served on active duty with the Armed Forces of the United States:

          (i) For a period of more than 178 consecutive days and was discharged or released from active duty under honorable conditions;

          (ii) For 178 days or less and was discharged or released from active duty under honorable conditions because of a service-connected disability; or

          (iii) For at least one day in a combat zone and was discharged or released from active duty under honorable conditions; or

          (B) Received a combat or campaign ribbon for service in the Armed Forces of the United States.

          (2) As used in subsection [(1)(d)] (1)(e) of this section, “active duty” does not include attendance at a school under military orders, except schooling incident to an active enlistment or a regular tour of duty, or normal military training as a reserve officer or member of an organized reserve or a National Guard unit.

SECTION 2. ORS 408.235 is amended to read:

          408.235. A veteran is eligible to use the preference provided for in ORS 408.230 [only] for a civil service position for which application is made [within 15 years of] at any time after discharge or release from service in the Armed Forces. [Such time limit shall not apply in the case of a disabled veteran.]

SECTION 3. The amendments to ORS 408.225 and 408.235 by sections 1 and 2 of this 2009 Act apply to applications for civil service positions submitted on or after the effective date of this 2009 Act.

Approved by the Governor June 18, 2009

Filed in the office of Secretary of State June 18, 2009

Effective date January 1, 2010

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