2015 ORS § 406.050¹
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:

(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 departments 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 veterans survivor or dependent whom the department determines is in need of emergency assistance.

(7) To act as agent or attorney in fact for any veteran and the dependents or beneficiaries of any veteran relating to rights under any federal or state law.

(8) To act without bond as a fiduciary appointed by the United States Department of Veterans Affairs to manage the benefits and pay debts for:

(a) A person who qualifies for benefits from the United States Department of Veterans Affairs; and

(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) To act without bond as a representative payee appointed by and under the rules of the United States Social Security Administration for any veteran and the dependents or beneficiaries of any veteran who receives federal Social Security or Supplemental Security Income benefits.

(10) 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.

(11) On behalf of the State of Oregon, to extend such assistance as the department determines to be reasonably required to any veteran and to the dependents of any such 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 veteran and the dependents of the veteran might be entitled.

(12) 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.

(13) To adopt rules and regulations with respect to all matters of administration to carry into effect the purposes of this section. [Amended by 1965 c.374 §1; 1967 c.172 §1; 1973 c.823 §127; 1987 c.425 §5; 1991 c.67 §94; 1995 c.106 §1; 1999 c.52 §1; 2001 c.102 §1; 2003 c.152 §1; 2005 c.625 §8; 2009 c.41 §8; 2009 c.602 §§1,1a; 2015 c.381 §1]

Note: Sections 1 and 2, chapter 824, Oregon Laws 2015, provide:

Sec. 1. Task Force on Incarcerated Veterans. (1) The Task Force on Incarcerated Veterans is established, consisting of eight members appointed as follows:

(a) The President of the Senate shall appoint two members from among members of the Senate.

(b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives.

(c) The Director of Veterans Affairs shall appoint one representative from the Department of Veterans Affairs with expertise in services and benefits for incarcerated veterans.

(d) The Director of the Department of Corrections shall appoint one representative from the Department of Corrections with experience with incarcerated veterans.

(e) The Governor shall appoint two individuals who have been incarcerated veterans or who have had experience with incarcerated veterans.

(2) The task force shall research, study and make recommendations regarding the following:

(a) Outreach that may be done to incarcerated veterans with information about veterans benefits and other benefit programs that provide services and resources to incarcerated veterans;

(b) Assistance that may be available for incarcerated veterans in applying for federal and state veterans benefits and aid to which incarcerated veteran may be entitled on account of the incarcerated veterans military service;

(c) Assistance that may be available to incarcerated veterans in appealing any denial of veterans benefits or aid;

(d) Informational materials that may be created for incarcerated veterans;

(e) The process and recommendations for developing a comprehensive and coordinated statewide network of information and referral resources for incarcerated veterans; and

(f) Recommendations for how the Department of Veterans Affairs may serve as a liaison for incarcerated veterans and incarcerated veterans issues with the Department of Corrections, reentry councils, the United States Department of Veterans Affairs and others.

(3) A majority of the members of the task force constitutes a quorum for the transaction of business.

(4) Official action by the task force requires the approval of a majority of the members of the task force.

(5) The task force shall elect one of its members to serve as chairperson.

(6) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(7) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

(8) The task force may adopt rules necessary for the operation of the task force.

(9) The task force shall submit a report in the manner provided by ORS 192.245 (Form of report to legislature), and may include recommendations for legislation, to the interim legislative committees with subject matter jurisdiction of veterans affairs no later than September 15, 2016.

(10) The Department of Veterans Affairs shall provide staff support to the task force.

(11) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions). Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the Department of Veterans Affairs for purposes of the task force.

(12) All agencies of state government, as defined in ORS 174.111 (State government defined), are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2015 c.824 §1]

Sec. 2. Section 1 of this 2015 Act is repealed on December 31, 2016. [2015 c.824 §2]