Chapter 406 — Chapter 406

ORS 406.005 Department of Veterans’ Affairs; duties; rules. (1) The Department of Veterans’ Affairs is established

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ORS 406.010 Definition of “director.” As used in this chapter, “director” means Director of Veterans’ Affairs. [Amended by 2005 c.22 §269]

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ORS 406.020 Director of Veterans’ Affairs; appointment; confirmation. The Department of Veterans’ Affairs shall be under the supervision and control of the Director of Veterans’ Affairs. The Governor shall appoint the director subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. The appointment may not be made without the written approval of the Advisory Committee provided for in ORS 406.210. The director shall be a veteran, chosen on the basis of executive and administrative ability. [Amended by 1973 c.792 §14; 2005 c.625 §5; 2009 c.41 §6]

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ORS 406.030 Administration of veterans’ laws. (1) The Director of Veterans’ Affairs, in the performance of the duties of the director, shall organize and coordinate the administration of all present and future federal and state laws pertaining to veterans, their spouses, dependents and survivors in this state

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ORS 406.040 General powers and duties of department. The powers, authority and duties relating exclusively to veterans’ affairs now or hereafter imposed by law upon any officer or agency of this state, are hereby also granted to and imposed upon the Department of Veterans’ Affairs. Subject to ORS 406.090, the department shall be responsible for and shall supervise the administration of all such laws. The department may employ such personnel as may be necessary to carry into effect the purposes of this chapter and may prescribe the duties and responsibilities of all such employees. [Amended by 2005 c.625 §7; 2009 c.41 §7]

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ORS 406.050 Additional powers and duties of director or department; grants, donations and gifts; rules; service charges. In addition to other powers and duties, the Department of Veterans’ Affairs is authorized

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ORS 406.055 Authority of director to require fingerprints. (1) In addition to the powers and duties authorized under ORS 406.050, the Director of Veterans’ Affairs may, for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, require the fingerprints of a person who

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ORS 406.060 Use of services and facilities of other state agencies. The Department of Veterans’ Affairs may utilize the services and facilities of any state agency in the course of administration of any law of this state enacted for the benefit and welfare of veterans and their dependents. All such agencies shall cooperate fully with the department in that regard and furnish such services and facilities when called upon by the department to do so. Neither the authority nor the duties referred to in this section shall be so exercised or performed as to impair the efficient administration of the laws applicable to any state agency. [Amended by 2005 c.625 §9; 2009 c.41 §9]

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ORS 406.070 Director to qualify and furnish bond; reimbursement for expenses; location of office. The Director of Veterans’ Affairs shall qualify in like manner as other heads of state departments, and furnish a fidelity bond in an amount to be fixed by the Governor. The director shall be reimbursed for necessary expenses incurred in the performance of the duties as are other state officers. The director shall maintain the main office of the director at the state capital. [Amended by 1967 c.2 §3]

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ORS 406.072 Notice of application for public assistance; rules. (1) As used in this section

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ORS 406.073 Notice of application for certain items from Department of Transportation; rules. (1) As used in this section

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ORS 406.074 Native American veterans’ programs. (1) In recognition and honor of the service and sacrifice of Oregon veterans who are Native Americans, the Director of Veterans’ Affairs shall provide aid and assistance to federally recognized Indian tribes in Oregon with regard to

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ORS 406.075 Oregon Women Veterans Coordinator. The position of Oregon Women Veterans Coordinator is created in the Department of Veterans’ Affairs. The responsibilities of the coordinator include, but are not limited to, all of the following

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ORS 406.076 Veteran Volunteer Coordinator. The position of Veteran Volunteer Coordinator is created in the Department of Veterans’ Affairs. The responsibilities of the coordinator include, but are not limited to, all of the following

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ORS 406.077 Lesbian, Gay, Bisexual and Transgender Coordinator. (1) The position of Lesbian, Gay, Bisexual and Transgender Coordinator is created within the Department of Veterans’ Affairs

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ORS 406.079 Health care navigation assistance. The Director of Veterans’ Affairs shall provide statewide expertise, advocacy, coordination and assistance to veterans to assist veterans in navigating federal, state and local health care and mental health care systems for the purpose of obtaining health care and mental health care. [2017 c.478 §1]

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ORS 406.080 [Amended by 1967 c.211 §9; 1987 c.652 §1; repealed by 1987 c.658 §3]

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ORS 406.081 Suicide prevention campaign. (1) The Department of Veterans’ Affairs shall create and coordinate a public information campaign to inform public agencies and the public about suicide prevention, including but not limited to increasing knowledge and understanding about recognizing the signs of a potentially suicidal veteran and resources to which veterans who are potentially suicidal may be referred

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ORS 406.082 Veterans Suicide Prevention and Outreach Program; rules. (1) The Oregon Department of Veterans’ Affairs Veterans Suicide Prevention and Outreach Program is created in the Department of Veterans’ Affairs. The purposes of the program are to publicize veterans’ benefits, provide outreach regarding suicide prevention for veterans in this state and implement the provisions of ORS 406.081

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ORS 406.083 Veterans Suicide Prevention and Outreach Program Fund. (1) The Oregon Department of Veterans’ Affairs Veterans Suicide Prevention and Outreach Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Department of Veterans’ Affairs Veterans Suicide Prevention and Outreach Program Fund shall be credited to the fund. The fund shall consist of

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ORS 406.085 Conservatorship Revolving Account; sources; use. The Conservatorship Revolving Account is created, separate and distinct from the General Fund, to provide for disbursement of funds for the beneficiary. Funds may also be disbursed from the Conservatorship Revolving Account to the Conservatorship Services Account in compensation for claims arising under ORS 406.100. The Conservatorship Revolving Account shall consist of all money received by the Department of Veterans’ Affairs as conservator, personal representative, fiduciary or representative payee. Disbursement from the account shall be made by the department. Interest earned by the account shall be credited to the account. [1965 c.374 §2; 1973 c.823 §128; 1987 c.425 §6; 1989 c.932 §3; 1989 c.966 §44; 2005 c.625 §10; 2007 c.218 §4; 2015 c.381 §2]

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ORS 406.087 Information regarding apprenticeship programs and veterans’ education benefits. (1) As used in this section

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ORS 406.090 Sections not affected by parts of this chapter. The administration of ORS 273.035 to 273.051, 273.071, 273.161 to 273.175 and 408.710 to 408.740 shall in no way be affected by ORS 406.010 to 406.070, 406.210, 406.220 and 406.340, and such laws are excepted from the operation thereof. The Department of Veterans’ Affairs shall cooperate with the person or agency responsible for the administration of such laws, and shall render such reasonable assistance in that regard as may be requested by any such person or agency. [Amended by 1967 c.421 §201; 1967 c.616 §§28,28a; 2005 c.625 §11]

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ORS 406.100 Claims against estate by department. If the Department of Veterans’ Affairs is appointed as a conservator under ORS 406.050, a personal representative under ORS 113.085, a fiduciary by the United States Department of Veterans Affairs or a representative payee by the United States Social Security Administration, the Department of Veterans’ Affairs shall have a claim against the estate of the protected person, the decedent, the veteran or the veteran’s beneficiaries for purposes of ORS 406.050 (8) or (9), for all of the following

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ORS 406.110 Waiver of claims; statute of limitations. (1) The Director of Veterans’ Affairs may waive all or any portion of a claim arising under ORS 406.100 if the director finds that payment of the claim, or a portion thereof, would pose a hardship to the person from whose estate the claim is payable, or would deplete the estate

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ORS 406.120 Conservatorship Services Account; sources; use. (1) The Conservatorship Services Account is established as a separate account within the Oregon War Veterans’ Fund. The Conservatorship Services Account shall consist of all moneys received by the Department of Veterans’ Affairs as payment of claims arising under ORS 406.100

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ORS 406.130 Veterans’ Services Account; uses. There hereby is established in the General Fund of the State Treasury an account to be known as the Veterans’ Services Account. Moneys in the Veterans’ Services Account are continuously appropriated to the Department of Veterans’ Affairs and shall be used by the department for grants and services supplied to veterans by the department under ORS chapters 406 and 408, and for expenses of administration of such grants and services. [1987 c.658 §2; 2005 c.625 §14]

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ORS 406.140 Veterans’ Services Fund. There is established in the State Treasury, separate and distinct from the General Fund, the Veterans’ Services Fund, to be administered by the Oregon Department of Administrative Services. Interest earned by the fund is credited to the fund. Pursuant to Article XV, section 4f, of the Oregon Constitution, one and one-half percent of the net proceeds from the Oregon State Lottery shall be deposited in the Veterans’ Services Fund. All moneys transferred from the State Lottery Fund and all other moneys authorized to be transferred to the Veterans’ Services Fund from whatever source are appropriated continuously to provide services for the benefit of veterans. [2017 c.730 §1]

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ORS 406.141 Reversion of appropriations to Veterans’ Services Fund. (1) On December 31 in each odd-numbered year, all amounts remaining unspent by a state agency from statutory allocations made from the Veterans’ Services Fund to that agency for the prior biennium shall revert to the Veterans’ Services Fund

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ORS 406.142 Department of Veterans’ Affairs Veteran Services Grant Fund. (1) The Department of Veterans’ Affairs Veteran Services Grant Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Department of Veterans’ Affairs Veteran Services Grant Fund shall be credited to the fund. The Department of Veterans’ Affairs Veteran Services Grant Fund shall consist of moneys transferred to the fund from the Veterans’ Department of Veterans’ Affairs Dedicated Lottery Fund established under ORS 406.144. Moneys in the Department of Veterans’ Affairs Veteran Services Grant Fund are continuously appropriated to the Department of Veterans’ Affairs for the purposes established under this section

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ORS 406.144 Veterans’ Department of Veterans’ Affairs Dedicated Lottery Fund. The Veterans’ Department of Veterans’ Affairs Dedicated Lottery Fund is established in the State Treasury, separate and distinct from the General Fund. The Veterans’ Department of Veterans’ Affairs Dedicated Lottery Fund consists of moneys allocated or transferred to the fund from the Veterans’ Services Fund established under ORS 406.140. The moneys in the Veterans’ Department of Veterans’ Affairs Dedicated Lottery Fund are continuously appropriated to the Department of Veterans’ Affairs to provide services for the benefit of veterans. Moneys in the fund may be used only for purposes for which moneys in the Veterans’ Services Fund may be used under ORS 406.140 and Article XV, section 4f, of the Oregon Constitution. [2017 c.730 §3]

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ORS 406.146 Veterans’ Housing and Community Services Department Dedicated Lottery Fund. The Veterans’ Housing and Community Services Department Dedicated Lottery Fund is established in the State Treasury, separate and distinct from the General Fund. The Veterans’ Housing and Community Services Department Dedicated Lottery Fund consists of moneys allocated or transferred to the fund from the Veterans’ Services Fund established under ORS 406.140 or from the Veterans’ Department of Veterans’ Affairs Dedicated Lottery Fund established under ORS 406.144. The moneys in the Veterans’ Housing and Community Services Department Dedicated Lottery Fund are continuously appropriated to the Housing and Community Services Department to provide services for the benefit of veterans. Moneys in the fund may be used only for purposes for which moneys in the Veterans’ Services Fund may be used under ORS 406.140 and Article XV, section 4f, of the Oregon Constitution. [2017 c.730 §4]

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ORS 406.210 Function of advisory committee; appointment, qualifications and term of members; chairperson; nominations by veterans’ organizations to fill vacancies. (1) The Governor shall appoint nine persons, all of whom are veterans as defined in ORS 408.225, to constitute the Advisory Committee and to act in an advisory capacity to the Director of Veterans’ Affairs concerning all matters upon which the director requests counsel

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ORS 406.215 Additional duties of advisory committee. In addition to any other powers and duties granted to the Advisory Committee by law, the Advisory Committee shall

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ORS 406.217 Duties of director concerning advisory committee. The Director of Veterans’ Affairs shall

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ORS 406.220 Meetings and reports. The Advisory Committee shall meet within this state at least once each three months. At each such meeting the Director of Veterans’ Affairs shall report upon all matters concerning the administration of the office of the director, and shall request the advice and counsel of the committee on matters concerning the policy thereof. Each August the Advisory Committee shall report to the Governor on all matters which it deems pertinent concerning the administration of the office of the director during the preceding year, and concerning any specific matters previously requested by the Governor, and on the administration of ORS 406.010 to 406.070, 406.090 and 406.340. [Amended by 1957 c.25 §1]

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ORS 406.230 Compensation and expenses of members. Each member of the Advisory Committee is entitled to compensation and expenses as provided in ORS 292.495. [Amended by 1969 c.314 §33]

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ORS 406.310 Director authorized to aid veterans’ organizations. From funds available to the office of the Director of Veterans’ Affairs for this purpose, the director, with advice from the Advisory Committee, is authorized to aid veterans’ organizations that have been accredited by the United States Department of Veterans Affairs and counties of the state, in connection with their respective programs of service to veterans. [Amended by 1991 c.67 §95; 2007 c.401 §1; 2009 c.41 §19]

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ORS 406.320 Qualification of veterans’ organization for state aid. Organizations desiring to apply for benefits under ORS 406.310 shall submit to the Director of Veterans’ Affairs statements of their expenditures incurred in conducting their rehabilitation programs, in acting under power of attorney for veterans in connection with claims for benefits, in assisting veterans in prosecutions of their claims and in solution of problems arising out of previous military service. However, a veterans’ organization does not qualify for benefits under ORS 406.310 unless it has carried on a program of veterans’ rehabilitation work in Oregon for not less than two years immediately preceding

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ORS 406.330 Power to establish regulations for aid program. The Director of Veterans’ Affairs, with advice from the Advisory Committee, may adopt such procedural rules and regulations as the director deems advisable in making distribution of funds under ORS 406.310. The director shall also establish a general and uniform policy to be followed by the various organizations and counties in carrying out the work to which the state contributes aid under ORS 406.310. In establishing such policy the director shall give primary consideration to the rehabilitation of the greatest possible number of veterans in Oregon. To that end the director shall eliminate, insofar as possible, a duplication of effort and inefficient expenditure of money. [Amended by 2007 c.401 §2; 2009 c.41 §10]

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ORS 406.340 Director authorized to accept voluntary services. In performance of the duties of the office of the Director of Veterans’ Affairs, the director may accept services voluntarily tendered by any person or organization, and may cooperate with the established service agencies and officers of any organization for the benefit and welfare of all veterans in this state and their dependents or beneficiaries. Insofar as practicable and consistent with the faithful performance of the director’s duties, the director shall avoid duplicating the efforts of voluntary service agencies and officers. [Amended by 2009 c.41 §11]

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ORS 406.410 [1985 c.790 §1; 1991 c.67 §96; repealed by 2007 c.117 §1]

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ORS 406.420 [1985 c.790 §2; repealed by 2007 c.117 §1]

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ORS 406.430 [1985 c.790 §3; repealed by 2007 c.117 §1]

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ORS 406.448 Definitions. As used in ORS 406.087, 406.450, 406.452, 406.454 and 406.456

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ORS 406.450 Services provided by county veterans’ service officers. (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

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ORS 406.452 State certification program for veterans’ service officers; rules. 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 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, spouses and dependents of veterans or survivors of veterans in applying for all federal and state veterans’ benefits and aid to which veterans, 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

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ORS 406.454 Distribution formula; rules; use of funds. (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

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ORS 406.456 Rules. 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

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ORS 406.458 Consultation with Association of Oregon Counties; outreach. (1) The Director of Veterans’ Affairs shall carry out the provisions of ORS 406.450, 406.452, 406.454 and 406.456 and subsection (2) of this section in consultation with the Association of Oregon Counties

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