75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1632
 
                           A-Engrossed
 
                         House Bill 2510
                  Ordered by the House April 23
            Including House Amendments dated April 23
 
Sponsored by Representatives WHISNANT, BARKER, Senators DEVLIN,
  BOQUIST; Representatives CAMERON, D EDWARDS, ESQUIVEL, GILMAN,
  KRIEGER, ROBLAN
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Deletes 15-year limit on veteran's use of preference in public
employment.  { + Clarifies that preference applies to civil
service positions. + }
 
                        A BILL FOR AN ACT
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. + }
                         ----------