Bill Text: OR HB2045 | 2013 | Regular Session | Introduced
Bill Title: Relating to administrative fees charged by Department of Veterans' Affairs; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2045 Detail]
Download: Oregon-2013-HB2045-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 609
House Bill 2045
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Department of Veterans' Affairs)
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 as
introduced.
Allows Department of Veterans' Affairs to charge and collect
administrative fees as reimbursement for providing certain
benefits.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to administrative fees charged by Department of
Veterans' Affairs; amending ORS 406.310, 406.330, 406.454,
406.456, 407.582, 408.020, 408.060 and 408.500; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 406.310 is amended to read:
406.310. { + (1) + }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.
{ + (2) The director may charge and collect from a veterans'
organization that receives aid under this section a reasonable
fee of not less than four percent of the total amount of aid
provided to reimburse the Department of Veterans' Affairs for
administrative functions performed in providing the aid
authorized under this section. + }
SECTION 2. ORS 406.330 is amended to read:
406.330. 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 - } { + for the provision of aid
and administrative fees charged + }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 - } { + the + }
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.
SECTION 3. 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, spouses
and dependents of veterans or survivors of veterans.
{ + (3) The director may charge and deduct from funds
distributed to county governing bodies under this section a
reasonable fee of not less than four percent of the total amount
distributed to reimburse the Department of Veterans' Affairs for
administrative functions performed in implementing this section
and ORS 406.450 and 406.452. + }
SECTION 4. 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,
spouses and dependents of veterans or survivors of veterans
served by the program, 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 { + ; and
(4) The amount of administrative fees charged and deducted
under ORS 406.454 + }.
SECTION 5. ORS 407.582 is amended to read:
407.582. (1) As used in this section:
(a) 'Deployment' means an act in which a person was ordered to
active duty and was deployed outside the United States.
(b) 'Mobilization' means an act in which a person left the
person's home station and was transferred to a mobilization site
for federal service.
(c) 'Small business' means a business that:
(A) Is a corporation, partnership, sole proprietorship or other
legal entity licensed and located in Oregon and formed for the
purpose of making a profit, and that is independently owned and
operated from all other businesses; and
(B) Employs 50 or fewer persons.
(d) 'Veteran' means a person who owns a controlling interest in
a small business and who, at the time of the person's
mobilization or deployment, is:
(A) A member of the Oregon National Guard; or
(B) A member of the reserves of the Army, Navy, Air Force,
Marine Corps or Coast Guard of the United States and a resident
of Oregon.
(2) There is established in the Department of Veterans' Affairs
the Veterans' Small Business Repair Loan Program. The purpose of
the program is to assist any veteran whose small business, due to
the veteran's absence, incurred a setback during the veteran's
mobilization or deployment by providing an interest-free loan to
the veteran upon the veteran's return from mobilization or
deployment. The loan shall be used by the veteran to restore the
veteran's small business, to the extent feasible, to the
condition the small business was in prior to the veteran's
mobilization or deployment.
(3) A veteran may receive a maximum of two loans under the
program. Each loan may not exceed $20,000. Application for a loan
must be made within 12 months after demobilization.
{ + (4) The department may charge and deduct from amounts
loaned under this section a reasonable fee of not less than four
percent of the principal amount of the loan to reimburse the
department for administrative functions performed in implementing
this section. + }
{ - (4) - } { + (5) + } The department shall adopt by rule:
(a) Criteria that a small business must meet to qualify as
having incurred a business setback while the veteran was
mobilized or deployed;
(b) The application process and any necessary forms;
(c) Terms of loan repayment; { - and - }
{ + (d) The amount of administrative fees charged and
deducted under subsection (4) of this section; and + }
{ - (d) - } { + (e) + } Other criteria and processes
necessary to carry out the purposes of the program.
{ - (5) - } { + (6) + } If a veteran is deceased as a
result of the veteran's mobilization or deployment, the
unremarried surviving spouse of the deceased veteran is eligible
to apply for and receive a loan to continue the veteran's small
business.
{ - (6) - } { + (7) + } If a veteran is at the time of the
loan application no longer a member of the Oregon National Guard
or the reserves, the veteran must have been discharged under
honorable conditions.
{ - (7) - } { + (8) + } The Department of Veterans'
Affairs, in consultation with the Oregon Business Development
Department, shall review and reject or approve loan applications
submitted by veterans.
{ - (8) - } { + (9) + }Repayments of loans made under this
section shall be deposited in the Veterans' Small Business Repair
Loan Fund established under ORS 407.585.
SECTION 6. ORS 408.020 is amended to read:
408.020. (1) Beneficiaries who desire to pursue an approved
course of study or professional training in or in connection with
any accredited state or other public school or accredited private
school or accredited college shall have the right and privilege
of state financial aid as provided in ORS 408.010 to 408.090.
(2) State financial aid is payable at the rate of $150 per
month for each month of full-time study or training and $100 per
month for each month of part-time study or training.
(3) The total number of monthly payments under subsection (2)
of this section may not exceed the total number of months served
in the Armed Forces of the United States or 36, whichever is
less.
(4) The Director of Veterans' Affairs may permit a beneficiary
to attend a school or college outside of this state upon a
satisfactory showing that the training required is not available
in an accredited institution within this state.
(5) A beneficiary may not receive payments or benefits under
ORS 408.010 to 408.090 at the same time that the beneficiary is
receiving educational aid under any federal Act based upon prior
service in the Armed Forces. Time spent by a person who applies
for benefits under ORS 408.010 to 408.090 in the army specialized
training program, the Navy V-12 program or other like training
program may not be counted as service in the Armed Forces within
the purview of ORS 408.010.
{ + (6) The director may charge and collect a reasonable fee
of not less than four percent of the monthly payments made on
behalf of a beneficiary under this section to reimburse the
Department of Veterans' Affairs for administrative functions
performed in implementing ORS 408.010 to 408.090. + }
SECTION 7. ORS 408.060 is amended to read:
408.060. (1) The monthly payments provided in ORS 408.020 shall
be allowed to any beneficiary who is enrolled in an approved
full-time or part-time course of study or professional training.
(2) Upon receipt of the monthly statement provided for in ORS
408.050, the Director of Veterans' Affairs, if the director finds
that the monthly statement is correct, shall issue a voucher to
the Oregon Department of Administrative Services which shall draw
a warrant on the State Treasurer or make an electronic transfer
in favor of each beneficiary. The warrant or electronic transfer
shall be paid out of the funds appropriated for the
administration of ORS 408.010 to 408.090.
{ + (3) The director may deduct from the amount of the
voucher issued under this section the amount of the
administrative fee authorized under ORS 408.020. + }
SECTION 8. ORS 408.500 is amended to read:
408.500. (1) The Oregon Veterans' Emergency Financial
Assistance Program is created.
(2) The purpose of the program is to provide emergency
financial assistance to Oregon veterans and their immediate
families for needs that include but are not limited to:
(a) Emergency or temporary housing and related housing
expenses, such as expenses for utilities, insurance, house
repairs, rent assistance or food;
(b) Emergency medical or dental expenses;
(c) Emergency transportation;
(d) Expenses related to starting a business, such as business
licenses or occupational licenses;
(e) Temporary income after military discharge; and
(f) Legal assistance.
(3) The Department of Veterans' Affairs shall administer the
program created under subsection (1) of this section and shall
adopt rules implementing the program, including but not limited
to establishing procedures for applying for emergency financial
assistance { + , + } { - and - } criteria for determining
eligibility to receive emergency financial assistance { + and
the amount of the administrative fee charged under subsection (4)
of this section + }.
{ + (4) The department may charge and collect a reasonable
fee of not less than four percent of the emergency financial
assistance provided under this section to reimburse the
department for administrative functions performed in implementing
this section. + }
{ - (4) - } { + (5) + } As used in this section:
(a) 'Immediate family' means a spouse, unremarried surviving
spouse, child or stepchild.
(b) 'Veteran' means:
(A) A veteran as defined in ORS 408.225;
(B) A person who is a member of the Oregon National Guard who
has been demobilized after serving on federal active duty for
more than 30 days; or
(C) A person who is an Oregon resident, is a member of the
Reserves and has been demobilized after serving on federal active
duty for more than 30 days.
SECTION 9. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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