75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to RC to HB 2177
 
LC 649/HB 2177-1
 
            SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
                         HOUSE BILL 2177
 
        By COMMITTEE ON HEALTH CARE AND VETERANS' AFFAIRS
 
                             May 28
 
  On page 1 of the printed bill, line 2, after 'Affairs; ' insert
'creating new provisions;'.
  On page 2, after line 44, insert:
  '  { +  SECTION 1a. + } If Senate Bill 96 becomes law, ORS
406.050, as amended by section 1 of this 2009 Act, is amended to
read:
  ' 406.050. In addition to other powers and duties, the
Department 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 monetary and nonmonetary grants, donations and
gifts on behalf of this state from any person or governmental or
nongovernmental entity. The department shall deposit with the
State Treasurer all monetary grants, donations and gifts
received.  The State Treasurer shall credit the amounts deposited
to a trust fund established for the purposes of this section.
Moneys in the trust fund are continuously appropriated to the
department and may be expended for the purposes specified in
subsections (3), (4) and (5) of this section. Interest earned on
the moneys in the trust fund established under this subsection
shall accrue to the trust fund.
  ' (3) To expend all or any portion of a monetary grant,
donation or gift for the purposes specified in the grant,
donation or gift.
  ' (4) To expend moneys in the trust fund established under
subsection (2) of this section as the department deems
appropriate for purposes consistent with the department's
authority under Articles XI-A and XI-F(2) of the Oregon
Constitution and under this chapter and ORS chapters 88, 273, 407
and 408 if:
  ' (a) The department determines that the purpose specified in
the grant, donation or gift has been satisfied, has expired or is
not feasible or appropriate; or
  ' (b) Expenditure of trust fund moneys is not limited by the
specific terms of a specific grant, donation or gift.
  ' (5) To expend or otherwise dispose of a nonmonetary grant,
donation or gift received by selling or otherwise converting a
grant, donation or gift into moneys unless the sale or conversion
is inconsistent with a limitation specified in the grant,
donation or gift. Notwithstanding a specified limitation, the
department may sell or otherwise convert a nonmonetary grant,
donation or gift into moneys if the department determines that
the limitation has been satisfied, has expired or is not feasible
or appropriate.  The department shall deposit the moneys realized
from any sale or conversion under this subsection into the trust
fund established in subsection (2) of this section.
  ' (6) If the department determines that the nature of a
nonmonetary grant, donation or gift makes its use by the
department, or its sale or conversion to moneys for use by the
department not feasible or appropriate, to donate or otherwise
transfer all or any portion of the nonmonetary grant, donation or
gift to:
  ' (a) A person or governmental or nongovernmental entity that
the department determines is engaged in serving veterans or
veterans' survivors or dependents.
  ' (b) A veteran or veteran's survivor or dependent whom the
department determines is in need of emergency assistance.
  ' (7) 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.
  ' (8) To act without bond as conservator of the estate of:
  ' (a) A person who qualifies for benefits from the United
States Department of Veterans Affairs.
  ' (b) A dependent, an immediate family member, a survivor or a
former spouse who has not remarried of a person who qualifies for
benefits, or who qualified for benefits while alive, from the
United States Department of Veterans Affairs, as those persons
are defined by rule by the Department of Veterans' Affairs.
  ' (9) On behalf of the State of Oregon, to extend such
assistance as the department determines to be reasonably required
to any   { - war - }  veteran and to the dependents of any such
 { - war - } veteran, in the prosecution of any claim 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 the   { - war - }  veteran and the
dependents of the
  { - war - }  veteran might be entitled.
  ' (10) To require and collect such reasonable service charges
as the department determines, by rule, are necessary and
expedient to carry out a duty, or to exercise a power or
authority, conferred on the department by law.
  ' (11) The Department of Veterans' Affairs may adopt rules and
regulations with respect to all matters of administration to
carry into effect the purposes of this section.
  '  { +  SECTION 1b. + }  { + If Senate Bill 96 becomes law, the
amendments to ORS 406.050 by section 1a of this 2009 Act become
operative on January 1, 2010. + } ' .
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