2007 Oregon Code - Chapter 408 :: Chapter 408 - Miscellaneous Benefits for Veterans and Service Personnel
Chapter 408 —
Miscellaneous Benefits for Veterans and Service Personnel
2007 EDITION
MISCELLANEOUS BENEFITS
BENEFITS OF VETERANS AND SERVICE PERSONNEL
EDUCATIONAL BENEFITS FOR VETERANS
408.010    “Beneficiary”
defined for ORS 408.010 to 408.090
408.020Â Â Â Â Financial
aid for educational purposes; limitations on payments and on eligibility for
aid
408.030Â Â Â Â Filing
application with educational institution
408.040Â Â Â Â Handling
of application by institution and director; when benefits begin
408.050Â Â Â Â Monthly
statement by institution
408.060Â Â Â Â Monthly
payment of financial aid
408.070Â Â Â Â Investigation
of institutions; rules
408.090Â Â Â Â Handling
of donations
ADVANTAGES GIVEN VETERANS IN PUBLIC
EMPLOYMENT
408.225Â Â Â Â Definitions
for ORS 408.225 to 408.235
408.230Â Â Â Â VeteransÂ’
preference in public employment
408.235Â Â Â Â Eligibility
for preference
408.238    “Military
duty” defined for ORS 408.240 to 408.280
408.240Â Â Â Â Status
and rights of public officer and employee during and after military duty
408.242Â Â Â Â Public
employees in Active Guard Reserve Program
408.250Â Â Â Â Rights
and duties of person replacing public officer in military service
408.260Â Â Â Â Termination
of term of office of substitute for officer in military service
408.270Â Â Â Â Restoration
of employeeÂ’s seniority and tenure
408.280Â Â Â Â Reelection
of public officer while in military service
408.290Â Â Â Â Benefits
for public employees on temporary active duty in Armed Forces
STATE AID TO VETERANS FOR MEDICAL ISSUES
(Herbicide Exposure)
408.300Â Â Â Â Short
title
408.305Â Â Â Â Definitions
for ORS 408.305 to 408.340
408.310Â Â Â Â Duty
of physician to report symptoms attributable to herbicide exposure; consent of
patient; report form; additional information
408.315Â Â Â Â Application
of ORS 408.310
408.320Â Â Â Â Duties
of
408.325Â Â Â Â Referral
program for affected veterans; rules
408.330Â Â Â Â Suspension
or termination of programs; conditions
408.335Â Â Â Â Attorney
General to represent veterans in certain proceedings; payment of expenses
408.340Â Â Â Â Limitation
of liability
(Hepatitis C)
408.350Â Â Â Â Educational
materials about hepatitis C
408.360Â Â Â Â Oregon
VeteransÂ’ Home; authority of Department of VeteransÂ’ Affairs; issuance of
certificates of participation
408.365Â Â Â Â Use
of state moneys for operation of Oregon VeteransÂ’ Home
408.368Â Â Â Â
408.370Â Â Â Â Application
of other statutes
408.375Â Â Â Â Second
408.380Â Â Â Â Application
of other statutes to second Oregon VeteransÂ’ Home
408.385Â Â Â Â Requirements
for establishment of additional veteransÂ’ homes
408.390Â Â Â Â City
acquisition of land for Oregon VeteransÂ’ Home
408.393Â Â Â Â Incurring
city indebtedness for Oregon VeteransÂ’ Home
408.395Â Â Â Â Condemnation
of property for Oregon VeteransÂ’ Home
408.410Â Â Â Â Appointment
of county service officer; duties; annual budget requirement
408.420Â Â Â Â Recording
discharge papers
408.430Â Â Â Â Free
services to veterans rendered by court administrator or county clerk
MISCELLANEOUS VETERANSÂ’ BENEFITS
408.440Â Â Â Â Land
of enlisted person exempt from foreclosure and judicial sale during war
408.450Â Â Â Â Duty
to pay fees during military duty
408.460Â Â Â Â Certain
claims payable out of General Fund
408.470Â Â Â Â Persons
entitled to interment in Spanish War VeteransÂ’ plot
408.480Â Â Â Â Care
of veterans ineligible for federal home
408.490Â Â Â Â Purchase
of
408.500Â Â Â Â Oregon
VeteransÂ’ Emergency Financial Assistance Program; rules
USE OF PUBLIC FACILITIES BY VETERANSÂ’
ORGANIZATIONS
408.540Â Â Â Â Use
of buildings by veteransÂ’ organizations
408.560Â Â Â Â Use
of public buildings for meetings of veteransÂ’ and auxiliary organizations
VETERANS WITH MENTAL ILLNESS
408.570Â Â Â Â Commitment
of veterans with mental illness to federal veterans facility
408.580Â Â Â Â Transfer
of veterans with mental illness from state to federal hospitals
BENEFITS TO INDIGENT VETERANS
408.710Â Â Â Â Indigent
war veteran defined; effect of property ownership
408.720Â Â Â Â Tax
levy to finance activities of veteransÂ’ service officer; use of proceeds; use
of county general funds
408.730Â Â Â Â Procedure
when indigent veterans are cared for by veterans organizations
408.740Â Â Â Â Appointment
and duties of county veteransÂ’ relief officer
408.750Â Â Â Â When
county court must aid veterans; necessity of veterans organizationÂ’s consent
before sending veterans to poorhouse
EDUCATIONAL BENEFITS FOR VETERANS
     408.010
“Beneficiary” defined for ORS 408.010 to 408.090. As used in ORS 408.010 to 408.090, unless
otherwise required by the context, “beneficiary” means any person who served in
the active Armed Forces of the United States on or after June 25, 1950, who was
relieved or discharged from that service under honorable conditions and who was
also a resident of Oregon at the time the person applied for benefits under ORS
408.010 to 408.090. “Beneficiary” does not include an alien, an alien enemy, a
person who avoided combat service by claiming to be a conscientious objector, a
person who served less than 90 days in the Armed Forces of the
     408.020
Financial aid for educational purposes; limitations on payments and on
eligibility for aid. (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
     (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. [Amended by 1967 c.383 §1; 1995 c.343 §38;
2005 c.831 §2; 2007 c.857 §2]
     408.025 [1955 c.206 §2; 1957 c.24 §1; repealed by
2005 c.831 §4]
     408.030
Filing application with educational institution. Any beneficiary who desires to pursue a
course of study or professional training may file, upon a form approved by the
Director of VeteransÂ’ Affairs, an application with the executive head of the
institution in which the beneficiary desires to pursue such course. In the
application the beneficiary shall set forth the date of enlistment or induction
into the service of the United States, the date of discharge, a certified copy
of the discharge or document evidencing release from active duty, the courses
of study the beneficiary desires to pursue, and the length of time the
beneficiary intends to pursue such courses. [Amended by 1995 c.343 §39]
     408.040
Handling of application by institution and director; when benefits begin. (1) The person to whom an application is
made pursuant to ORS 408.030 shall examine and pass upon such application and
shall, within 10 days after its receipt by the person, indorse approval or
disapproval thereof. If the application is approved it shall be forthwith
forwarded to the Director of VeteransÂ’ Affairs, who shall check it. The
director shall determine whether or not the institution of learning or career
school is accredited and if the tuition and other charges are reasonable. The
director shall also determine whether or not the institution of learning or
career school is reasonably qualified to provide the instruction desired by the
beneficiary. The director shall be satisfied that the beneficiary has
reasonable qualifications to pursue the course of study chosen and that such
course, if satisfactorily completed, is likely to enable the beneficiary to
become a more useful citizen. If all said conditions are met to the
satisfaction of the director, the director may approve the application and file
it in the office of the director; otherwise the director shall deny it.
     (2) Upon approval of an application,
benefits are payable beginning with the first day of the applicantÂ’s attendance
during the current term of an institution of learning or career school, after a
finding by the director, supported by evidence satisfactory to the director,
that any delay in making application was caused by excusable oversight or
neglect. [Amended by 1995 c.343 §40]
     408.050
Monthly statement by institution. On or before the 10th day of each calendar month the executive head of
the institution of learning or authorized representative, shall render a duly
certified statement to the Director of VeteransÂ’ Affairs, setting forth the
names of the beneficiaries attending the institution during the preceding
calendar month and the amount of schooling or training furnished such
beneficiaries in accordance with ORS 408.010 to 408.090. The statement shall
contain a report of the attendance and general attitude and aptitude of each
beneficiary, and the number of hours of recitation, lectures or other training
scheduled, and a statement of the beneficiaryÂ’s diligence and progress.
     408.060
Monthly payment of financial aid. (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 VeteransÂ’ 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. [Amended by 1983 c.740 §129;
2005 c.831 §3; 2007 c.857 §3]
     408.070
Investigation of institutions; rules. (1) The Director of VeteransÂ’ Affairs shall investigate from time to
time the institutions or other places where financial aid is being furnished to
any beneficiary under ORS 408.010 to 408.090 to ascertain whether the spirit of
ORS 408.010 to 408.090 is being complied with. If the director determines, after
such investigation as the director deems necessary, that any such institution
or place is not furnishing bona fide courses of instruction to the beneficiary
or beneficiaries, or that any beneficiary is abusing the privileges granted by
ORS 408.020, no money shall be paid to any beneficiary who is not receiving
bona fide instruction or who is abusing such privileges. In making the
investigations, the director may use the services of any state or county
agency, and the agencies are required to render any such service requested by
the director.
     (2) The director may adopt rules necessary
to carry out ORS 408.010 to 408.090. [Amended by 2007 c.71 §102]
     408.080 [Amended by 1953 c.62 §2; 1957 c.91 §1;
repealed by 1961 c.326 §8]
     408.090
Handling of donations. (1)
The Director of VeteransÂ’ Affairs, acting on behalf of the State of Oregon, is
authorized to accept any donation, gift, grant, bequest or devise made in
furtherance of the purposes of ORS 408.010 to 408.090, and if made in cash or
its equivalent or reduced thereto, shall be promptly paid by the director to
the State Treasurer, who shall credit the amount so received to the VeteransÂ’
Educational Aid Account in the General Fund. The director shall make such
disposition of donations, gifts, grants, bequests or devises, not made in cash
or its equivalent, as is specified by the donor thereof, and their earnings and
proceeds shall inure to said account. All such donations, gifts, grants,
bequests or devises accepted by the director are transfers exempt from taxes
imposed on inheritances under the laws of this state.
     (2) All moneys in the Veterans’
Educational Aid Account are continuously appropriated to the director and may
be used by the director for the purposes authorized in ORS 408.010 to 408.090. [Amended
by 1961 c.326 §7; 1997 c.99 §53; 2005 c.755 §31]
     408.100 [Repealed by 1961 c.326 §8]
     408.110 [Repealed by 1961 c.326 §8]
ADVANTAGES
GIVEN VETERANS IN PUBLIC EMPLOYMENT
     408.210 [Renumbered 408.238 in 2005]
     408.220 [Repealed by 1977 c.854 §5]
     408.225
Definitions for ORS 408.225 to 408.235. (1) As used in ORS 408.225 to 408.235:
     (a) “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) “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) “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
with respect to control, management or supervision of any employee.
     (d) “Veteran” means a person who:
     (A) Served on active duty with the Armed
Forces of the
     (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
     (2) As used in subsection (1)(d) 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. [1977 c.854 §1; 1981 c.493 §1; 1989
c.507 §1; 1991 c.67 §98; 1993 c.18 §97; 1995 c.777 §1; 2005 c.99 §1; 2005 c.831
§7; 2007 c.71 §103; 2007 c.525 §1]
     408.230
VeteransÂ’ preference in public employment. (1) A public employer shall grant a preference to a veteran or
disabled veteran who successfully completes an initial application screening or
an application examination or who successfully completes a civil service test
the employer administers to establish eligibility for a vacant civil service
position. The employer shall grant the preference in the following manner:
     (a) For an initial application screening
used to develop a list of persons for interviews, the employer shall add five
preference points to a veteranÂ’s score and 10 preference points to a disabled
veteranÂ’s score.
     (b) For an application examination, given
after the initial application screening, that results in a score, the employer
shall add preference points to the total combined examination score without
allocating the points to any single feature or part of the examination. The
employer shall add five preference points to a veteranÂ’s score and 10
preference points to a disabled veteranÂ’s score.
     (c) For an application examination that
consists of an interview, an evaluation of the veteranÂ’s performance,
experience or training, a supervisorÂ’s rating or any other method of ranking an
applicant that does not result in a score, the employer shall give a preference
to the veteran or disabled veteran. An employer that uses an application
examination of the type described in this paragraph shall devise and apply
methods by which the employer gives special consideration in the employerÂ’s
hiring decision to veterans and disabled veterans.
     (2) Preferences of the type described in
subsection (1) of this section are not a requirement that the public employer
appoint a veteran or disabled veteran to a civil service position.
     (3) A public employer shall appoint an
otherwise qualified veteran or disabled veteran to a vacant civil service
position if the results of a veteranÂ’s or disabled veteranÂ’s application
examination, when combined with the veteranÂ’s or disabled veteranÂ’s preference,
are equal to or higher than the results of an application examination for an
applicant who is not a veteran or disabled veteran.
     (4) If a public employer does not appoint
a veteran or disabled veteran to a vacant civil service position, upon written
request of the veteran or disabled veteran, the employer, in writing, shall provide
the employerÂ’s reasons for the decision not to appoint the veteran or disabled
veteran to the position. The employer may base a decision not to appoint the
veteran or disabled veteran solely on the veteranÂ’s or disabled veteranÂ’s
merits or qualifications with respect to the vacant civil service position.
     (5) Whether or not the person qualifies
for a preference under subsection (1) of this section, a public employer shall
grant to a person the employer has hired for a permanent civil service position
a veteranÂ’s or disabled veteranÂ’s preference, as appropriate, if the person
seeks promotion to a position with a higher maximum salary rate and the person:
     (a) Was granted military leave by the
public employer to serve in the armed services;
     (b) Returned from military leave to the
civil service position;
     (c) Qualified as a veteran or disabled
veteran by reason of the personÂ’s service during military leave or otherwise;
     (d) Successfully completed a test or
examination for the position; and
     (e) Meets the minimum qualifications and
any special qualifications for the position.
     (6) Violation of this section is an
unlawful employment practice.
     (7) A veteran or disabled veteran claiming
to be aggrieved by a violation of this section may file a verified written
complaint with the Commissioner of the Bureau of Labor and Industries in
accordance with ORS 659A.820. [Amended by 1977 c.854 §3; 1989 c.507 §2; 1999
c.792 §1; 2007 c.525 §2]
     408.235
Eligibility for preference.
A veteran is eligible to use the preference provided for in ORS 408.230 only
for a position for which application is made within 15 years of discharge or
release from service in the Armed Forces. Such time limit shall not apply in
the case of a disabled veteran. [1977 c.854 §4; 1989 c.507 §3; 1995 c.777 §2;
1999 c.792 §2; 2007 c.525 §3]
     408.238
“Military duty” defined for ORS 408.240 to 408.280. As used in ORS 408.240 to 408.280, “military
duty” means training and service performed by an inductee, enlistee or
reservist or any entrant into a temporary component of the Armed Forces of the
United States, and authorized time spent reporting for and returning from such
training or service, or, if a rejection occurs, from the place reported
therefor; but does not include active duty training as a reservist in the Armed
Forces of the United States or as a member of the National Guard of the United
States where the call is for a period of 15 days or less. [Formerly 408.210]
     408.240
Status and rights of public officer and employee during and after military
duty. (1) Whenever any
public officer or employee leaves a position, whether voluntarily or
involuntarily, in order to perform military duty, such office or position may
not become vacant, nor shall the officer or employee be subject to removal as a
consequence thereof. Unless the officer or employee dies, resigns or is
relieved or discharged from such duty under other than honorable conditions,
during the term for which the officer or employee was elected, appointed or
employed, such officer or employee shall be deemed absent on leave until
release from such active service has permitted the officer or employee to
resume the duties of the office or position. While so absent on leave, the
officer or employee may not receive the pay or other emolument of such office
or position, nor become liable, as such officer or employee, on an official
bond or otherwise, for the acts or omissions of any other person.
     (2) Subsection (1) of this section does
not apply unless the officer or employee, upon the termination of such military
duty, is qualified to perform the duties of such position, and makes
application within 90 days after the officer or employee is relieved from such
military duty, or from hospitalization continuing after discharge for a period
of not more than one year. If the officer or employee is not qualified to
perform the duties of such position by reason of such service, but is qualified
to perform the duties of any other public position, the officer or employee
shall be restored to such other position, the duties of which the officer or
employee is qualified to perform, as will provide the officer or employee like
seniority, status and pay, or the nearest approximation thereof, consistent
with the circumstances in the case.
     (3) Except as otherwise provided in this
subsection, subsection (1) of this section does not apply if the total of such
military duty exceeds five years. Subsection (1) of this section is applicable
with regard to military duty that exceeds five years if the period of additional
duty was imposed by law or resulted from inability of the officer or employee
to obtain orders relieving the officer or employee from active duty.
     (4) Notwithstanding subsection (1) of this
section:
     (a) The State of Oregon shall continue
coverage under an employer-sponsored health plan to a public officer or
employee of the State of Oregon and any other individual provided coverage
under the officerÂ’s or employeeÂ’s plan on the day before the date the officer
or employee goes on leave for a period not exceeding a total of 24 months while
the public officer or employee is absent on leave.
     (b) An employer other than the State of
Oregon may provide coverage under an employer-sponsored health plan to an
officer or employee and any other individual provided coverage under the
officerÂ’s or employeeÂ’s plan on the day before the date the officer or employee
goes on leave for the period during which the officer or employee is absent on
leave.
     (5)(a) Notwithstanding subsection (1) of
this section, the State of Oregon, a county, a municipality or other political
subdivision of the state may establish and administer a donated leave program
that:
     (A) Allows an officer or employee who is
absent on leave to receive donated leave; and
     (B) Allows an officer or employee to
voluntarily donate vacation time to an eligible officer or employee who is
absent on leave.
     (b) An officer or employee who is absent
on leave and who receives donated leave under paragraph (a) of this subsection
may receive an amount of donated leave that supplements any compensation
received for performing military duty, but may not receive more than the amount
of base salary the officer or employee was earning on the date the officer or
employee began the leave of absence.
     (c) This subsection does not apply to a
leave of absence under ORS 408.290. [Amended by 1979 c.468 §13; 2003 c.72 §1;
2003 c.387 §14; 2005 c.38 §3]
     408.242
Public employees in Active Guard Reserve Program. ORS 408.240 (4)(a) does not apply to a
public employee who leaves a position under ORS 408.240 (1) to enter or reenter
the Active Guard Reserve Program under 32 U.S.C. 502(f). [2005 c.38 §1]
     Note: 408.242 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 408 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     408.250
Rights and duties of person replacing public officer in military service. During the period any public officer is
absent on leave pursuant to ORS 408.240, a substitute shall serve in the place
and stead of the public officer. Such substitute shall be appointed by the
authority having power to have appointed the substitute as successor had such
office become vacant. The substitute shall qualify by taking an oath of office,
and by giving bond in an amount and conditioned as required by law for the
officer for whom the substitute has been appointed, or, in the event no bond is
required by law, then as the appointing authority directs. The substitute shall
be designated by the title of the office, followed by the words “pro tem.” The
substitute shall be invested with the authority, duties and responsibilities,
and shall receive the emoluments of the office, in lieu of the officer for whom
the person is the substitute.
     408.260
Termination of term of office of substitute for officer in military service. When the absence on leave of a public
officer, granted by ORS 408.240, has terminated, or a successor has been duly
appointed and qualified to fill the vacancy created by the death or resignation
of such officer, the appointment of the substitute shall terminate, and the
substitute immediately shall deliver to such officer or successor all records
and other incidents of the office, together with a full and detailed statement
of accounting covering the entire period of service as substitute.
     408.270
Restoration of employeeÂ’s seniority and tenure. Upon the termination of any leave granted by
ORS 408.240, every public employee shall be restored to the position without
loss of seniority or other benefits. It is the intention of the Legislative
Assembly that such employee shall be restored in such manner as to give the
employee the status in employment that the employee would have enjoyed if the
employee had continued in such employment continuously from the time of
entering the Armed Forces until the time of restoration to such employment. Any
person so restored to the position shall not be discharged from such position
without cause within one year after such restoration. Any employee who has not
completed the probationary period in the position at the time of leaving for
military duty, shall, upon returning to such position, be required to serve the
remainder of such probationary period, notwithstanding the granting of continuous
time credit for time served in the Armed Forces.
     408.280
Reelection of public officer while in military service. Whenever the term of office of an elected
public officer expires during military service in the Armed Forces of the
     408.290
Benefits for public employees on temporary active duty in Armed Forces. (1) Except as provided in subsection (2) of
this section, for all periods of annual active duty for training as a member of
the National Guard, National Guard Reserve or of any reserve component of the
Armed Forces of the United States or of the United States Public Health
Service, any officer or employee of the state, or of any county, municipality
or other subdivision of the state, is entitled, upon application therefor, to a
leave of absence from duties for a period not exceeding 15 days in any one
training year, without loss of time, pay or regular leave and without
impairment of efficiency rating or other rights or benefits to which the
officer or employee is entitled.
     (2) Unless the officer or employee has
been employed by the state or by any county, municipality or other political
subdivision of the state for a period of six months next preceding application,
no officer or employee is entitled to receive pay for any period during which
the officer or employee is on military leave.
     (3) As used in this section, “training
year” means the federal fiscal year for any particular unit of the National
Guard or a reserve component. [Amended by 1955 c.104 §1; 1969 c.368 §1; 1993
c.197 §1]
STATE AID TO
VETERANS FOR MEDICAL ISSUES
(Herbicide
Exposure)
     408.300
Short title. ORS 408.305 to
408.340 shall be known and may be cited as the Oregon Vietnam Veteran Benefits
Act of 1983. [1983 c.658 §1]
     408.305
Definitions for ORS 408.305 to 408.340. As used in ORS 408.305 to 408.340, unless the context requires
otherwise:
     (1) “Agent Blue” means the herbicide
composed primarily of cacodylic acid (organic arsenic) and inorganic arsenic.
     (2) “Agent Orange” means the herbicide
composed primarily of trichlorophenoxyacetic acid and dichlorophenoxyacetic
acid.
     (3) “Agent White” means any herbicide
composed primarily of 2, 4, D and picloram.
     (4) “Causative agent” includes Agent Blue,
Agent Orange, Agent White and any other combination of chemicals consisting
primarily of 2, 4, D or 2, 4, 5, T or any other chemical or biological agent
used by any government involved in the Vietnam Conflict, or diseases endemic to
Southeast Asia, including, but not limited to, the disease known as
melioidosis.
     (5) “Department” means the Department of
Human Services.
     (6) “Veteran” means any individual who
resides in this state, who served on active duty in the Armed Forces of the
United States for a period of not less than 180 days any part of which occurred
between January 1, 1962, and May 7, 1975, within the borders of Vietnam,
Cambodia, Laos or Thailand, and who was either a resident of this state at the
time of enlistment, induction or other entry into the Armed Forces or became a
bona fide resident of Oregon prior to April 1, 1981. [1983 c.658 §2; 1985 c.574
§1]
     408.310
Duty of physician to report symptoms attributable to herbicide exposure;
consent of patient; report form; additional information. (1) A physician who has primary
responsibility for the treatment of a veteran who may have been exposed to
causative agents while serving in the Armed Forces of the United States or for
the treatment of a veteranÂ’s spouse, surviving spouse or minor child who may be
exhibiting symptoms or conditions that may be attributable to the veteranÂ’s
exposure to causative agents shall, at the request and direction of the
veteran, veteranÂ’s spouse or surviving spouse or the parent or guardian of such
minor child, submit a report to the Department of Human Services. The report
shall be made on a form adopted by the department and made available to
physicians and hospitals in this state.
     (2) If there is no physician having
primary responsibility for the treatment of a veteran, veteranÂ’s spouse,
surviving spouse or minor child, then the senior medical supervisor of the
hospital or clinic treating the veteran, veteranÂ’s spouse, surviving spouse or
minor child shall submit the report described in this section to the department
at the request and direction of the veteran, veteranÂ’s spouse or surviving
spouse or the parent or legal guardian of a veteranÂ’s minor child.
     (3) The form adopted by the department
under this section shall list the symptoms commonly attributed to exposure to
causative agents, and shall require the following information:
     (a) Symptoms of the patient which may be
related to exposure to causative agents.
     (b) A diagnosis of the patient’s
condition.
     (c) Methods of treatment prescribed.
     (d) Any other information required by the
department.
     (4) The department, after receiving a
report from a physician, hospital or clinic under this section, may require the
veteran, veteranÂ’s spouse, surviving spouse or minor child to provide such
other information as may be required by the department. [1983 c.658 §3]
     408.315
Application of ORS 408.310.
(1) ORS 408.310 applies to all veterans, spouses, surviving spouses and minor
children of veterans treated by a physician, hospital or clinic after January
1, 1982. Physicians, hospitals or clinics shall submit the reports and study
required under ORS 408.310 for veterans, spouses, surviving spouses and minor
children of veterans treated prior to that date when requested and directed to
do so by such individuals.
     (2) ORS 408.300 to 408.340 apply to all
physicians, hospitals and clinics, whether public or private, within the State
of
     408.320
Duties of
     (1) Order the compilation of statistical
data from information obtained under ORS 408.310 and determine the use and
dissemination of that data.
     (2) Make recommendations to the Director
of Human Services or the Director of VeteransÂ’ Affairs concerning the
implementation and operation of programs authorized by ORS 408.300 to 408.340.
     (3) Assess programs of federal agencies
operating for the benefit of veterans exposed to causative agents and their
families, and make recommendations to the appropriate agencies for the
improvement of those programs.
     (4) Suspend or terminate specific programs
or duties required under ORS 408.300 to 408.340 when necessary to prevent
duplication of those programs or duties by other governmental agencies.
     (5) Apply for, receive and accept any
grants or contributions available from the
     (6) When the advisory board considers it
necessary for the health and welfare of veterans and the spouses, surviving
spouses and minor children of veterans, ask the Attorney General to initiate
proceedings as provided under ORS 408.335.
     (7) Report biennially to the Legislative
Assembly or to the Emergency Board, as appropriate, as necessary to accomplish
the objectives of ORS 408.300 to 408.340 concerning the programs instituted
under ORS 408.300 to 408.340. [1983 c.658 §5]
     408.325
Referral program for affected veterans; rules. (1) The Department of Human Services and the
Oregon Public Health Advisory Board shall institute a cooperative program to
refer veterans to appropriate state and federal agencies for the purpose of
filing claims to remedy medical and financial problems caused by exposure to
causative agents.
     (2) The Director of Human Services, after
receiving the recommendations of the advisory board, shall adopt rules to
provide for the administration and operation of programs authorized by ORS
408.300 to 408.340. The Director of Human Services shall cooperate with
appropriate state and federal agencies in providing services under ORS 408.300
to 408.340. [1983 c.658 §7]
     408.330
Suspension or termination of programs; conditions. If the Oregon Public Health Advisory Board
determines that any federal agency is adequately performing the referral
functions described in ORS 408.325, the advisory board may suspend or terminate
any program or duty required under ORS 408.300 to 408.340 in order to avoid
duplication of services. [1983 c.658 §9]
     408.335
Attorney General to represent veterans in certain proceedings; payment of
expenses. (1) When requested
to do so by the Director of VeteransÂ’ Affairs, the Attorney General shall
represent, on behalf of all of the members of the class, one or more members of
the class of veterans, spouses and surviving spouses of veterans and minor
children of veterans who allege injuries caused by exposure to or contact with
causative agents, and appear for them in any court or before any administrative
agency in any proceeding to compel release of individual medical records,
United States Department of Veterans Affairs medical and claim files or any
other information relating to causative agents during military service.
     (2) When requested to do so by the
Director of VeteransÂ’ Affairs, the Attorney General shall represent, on behalf
of all of the members of the class of veterans, one or more veterans in any
proceeding to compel the United States Department of Veterans Affairs to comply
with the requirements of the VeteransÂ’ Health Care, Training, and Small
Business Loan Act of 1981, P.L. 97-72 (38 U.S.C. 610 et seq.) or any other
public law, regulation or administrative directive and to release any records
or reports prepared under that Act relating to exposure to dioxin or other
toxic substances found in a herbicide or defoliant used for military purposes.
     (3) The expenses incurred by the Attorney
General under this section shall be paid from the General Fund.
     (4) The Attorney General shall seek a
judgment ordering the payment of all expenses incurred by the Attorney General
from the agency against which the action was brought. [1983 c.658 §6; 1985
c.574 §2; 1991 c.67 §99]
     408.340
Limitation of liability. (1)
A physician, hospital or clinic subject to ORS 408.300 to 408.340 shall not be
subject to any criminal or civil liability for providing information required
under ORS 408.300 to 408.340.
     (2) Nothing in this section shall prevent,
however, any action for negligence by a physician, hospital or clinic in
choosing or providing medical treatment. [1983 c.658 §4]
(Hepatitis C)
     408.350
Educational materials about hepatitis C. (1) As used in this section, “veteran” means a person who is a
resident of
     (2) The Department of Veterans’ Affairs
shall provide, in written or electronic format, educational materials on the
diagnosis, treatment and prevention of hepatitis C in veterans who are at high
risk of contracting the disease.
     (3) The department shall make the
materials available to all veterans and health care providers.
     (4) The materials shall include:
     (a) The recommendations of the Centers for
Disease Control and Prevention and the American Liver Foundation relating to
the diagnosis, treatment and prevention of hepatitis C; and
     (b) Information from other groups that the
department believes present reliable information concerning the increased risk
to veterans of contracting hepatitis C. [2007 c.381 §1]
     Note: 408.350 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 408 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
     408.360
     (2) When issuance of the certificates of participation
is approved by the Director of the Oregon Department of Administrative
Services, the Department of VeteransÂ’ Affairs may issue the certificates of
participation, but not earlier than the 120th day after September 8, 1993.
     (3) The Department of Veterans’ Affairs
shall expend the proceeds from the sale of the certificates of participation
for construction of an Oregon VeteransÂ’ Home and shall take any other action
considered by the department to be necessary or appropriate for the
construction and operation of an Oregon Veterans’ Home. [1993 c.795 §2; 2005
c.625 §55]
     Note: 408.360 to 408.385 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
408 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     408.365
Use of state moneys for operation of
     (1) The General Fund;
     (2) The Oregon War Veterans’ Fund pursuant
to section 1 (1)(e), Article XI-A, Oregon Constitution; and
     (3) Moneys donated to the trust fund
established by the Director of VeteransÂ’ Affairs under ORS 406.050 for the
purpose of paying for the expenses of operating the Oregon VeteransÂ’ Home, or
moneys in the trust fund that the director determines may be expended for those
purposes. [1993 c.795 §7; 2001 c.102 §2; 2001 c.104 §141; 2003 c.302 §1]
     Note: See note under 408.360.
     408.368
     (2) The account shall consist of moneys
received by the director that relate to the development, operation or
maintenance of each Oregon VeteransÂ’ Home, including but not limited to
residentsÂ’ fees and charges, per diem payments received from the United States
Department of Veterans Affairs, Medicare payments and moneys received under ORS
292.057. The director may transfer moneys to the account from the Oregon War
VeteransÂ’ Fund and from other funds and accounts administered by the director.
     (3) Earnings on moneys in the account
shall be credited to the account.
     (4) Disbursements from the account may be
made by the director for the purposes set forth in subsection (1) of this
section. The director may also transfer moneys from the account to the Oregon
War Veterans’ Fund. [1999 c.51 §1; 2007 c.208 §2]
     Note: See note under 408.360.
     408.370
Application of other statutes.
(1) In addition to the other uses for the Oregon Housing Fund set forth in ORS
458.600 to 458.655, financial support for an Oregon VeteransÂ’ Home is a
permitted use of moneys from the Oregon Housing Fund.
     (2) Notwithstanding ORS 442.315, 442.325
and 442.584, an Oregon VeteransÂ’ Home is not subject to any certificate of need
requirement but is otherwise subject to the authority of the Health Resources
Commission. [1993 c.795 §§1,4]
     Note: See note under 408.360.
     408.375
Second
     (1) The party who contracts to manage and
operate the second Oregon VeteransÂ’ Home shall be responsible for hiring and
maintaining the necessary staff for the facility.
     (2) The Director of Veterans’ Affairs
shall assign not more than one state employee on a full-time basis to provide
oversight of the management of the facility.
     (3) The second Oregon Veterans’ Home shall
admit only patients who are veterans, as defined in ORS 408.225, or the spouses
of veterans. [1995 c.591 §4; 2003 c.794 §274; 2007 c.668 §1]
     Note: See note under 408.360.
     408.380
Application of other statutes to second
     (2) As used in this section, “long term
care facility” has the meaning given that term in ORS 442.015. [1995 c.591 §6;
2005 c.22 §270; 2007 c.668 §2]
     Note: See note under 408.360.
     408.385
Requirements for establishment of additional veteransÂ’ homes. The State of Oregon and the Director of
VeteransÂ’ Affairs shall not establish more than two Oregon VeteransÂ’ Homes
until the two facilities authorized by law on July 17, 1995, are constructed
and have provided services to patients for a period of time that is sufficient
to allow a determination to be made concerning the effectiveness and efficiency
of the facilities in providing for the needs of the veterans of Oregon for long
term care. Nothing in this section shall be construed to support any further
consideration for additional veterans’ homes. [1995 c.591 §5]
     Note: See note under 408.360.
     408.390
City acquisition of land for
     408.393
Incurring city indebtedness for
     408.395
Condemnation of property for
     408.410
Appointment of county service officer; duties; annual budget requirement. (1) The county governing body in each county
may appoint a service officer who shall give aid and assistance to any veteran,
the spouse or dependents of the veteran or the survivors of the veteran, in
applying for all benefits and aid to which they are entitled by federal, state
or local laws, rules and regulations. The county governing body shall fix the
compensation of the service officer, provide the service officer with an office
and the necessary equipment therefor in the same manner as provided for any
other county officer. If a county governing body appoints a service officer,
the governing body shall also provide in the annual budget for expenditure of
moneys sufficient to enable the county to employ the service officer, to
properly maintain the office provided for the service officer and to pay the
costs incurred by the service officer in providing assistance to veterans,
spouses and dependents of veterans or survivors of veterans. The annual
expenditures required by this section shall be made from the county funds
referred to in ORS 408.720.
     (2) As used in this section, “survivor of
a veteran” means the spouse or a dependent of a deceased veteran. [Amended by
1995 c.557 §1; 2007 c.357 §6]
     408.420
Recording discharge papers.
Each county clerk shall maintain in the office a special book in which the
county clerk shall, upon request, record the final discharge of any war
veteran. No recording fee shall be collected when the war veteran requesting
such record is an actual resident of said county or was such a resident at the
time of entrance into the service of the
     408.430
Free services to veterans rendered by court administrator or county clerk. The county clerk or a court clerk or court
administrator shall administer all oaths required in matters of pensions,
certify pension vouchers, affix the seal of the court whenever required, and
make and prepare copies of any documents of record in the office and certify
thereto any matter required by veterans seeking benefits from any agency or
department of the State of Oregon or federal government, without any charge,
fee or compensation. [Amended by 1993 c.223 §9]
MISCELLANEOUS
VETERANSÂ’ BENEFITS
     408.440
Land of enlisted person exempt from foreclosure and judicial sale during war. No suit or action shall be commenced or
maintained, during the period provided for in this section, to foreclose any
mortgage upon real property, or to collect the debt secured thereby, if the
land covered by the mortgage is owned, wholly or in part, by an enlisted person
in the Army or Navy of the United States, who enlisted therein in the volunteer
forces or who enlisted in the National Guard of the United States and of the
State of Oregon and the organization of the enlisted person was called into the
service of the United States. The lands of any such soldier or sailor shall be
exempt from judicial sale for the satisfaction of any judgment during the
period provided for in this section. This moratorium shall extend only during
the period of actual service in the army or navy forces of the
     408.450
Duty to pay fees during military duty. No person in the military or naval service of the United States, or
any auxiliary corps thereof, while exercising any privilege in this state by
virtue of having paid an annual license or privilege fee to any state board or
commission for the right to practice a profession or engage in a trade, shall
lose such privilege because of failure to pay any such fee for any subsequent
year during the period the person is in such service, unless dishonorably
discharged therefrom. Upon being discharged from such service under honorable
conditions and upon written application within 60 days of such discharge, every
such person shall be restored to former status with respect to any such
privilege without the necessity of paying the then current license fee.
     408.460
Certain claims payable out of General Fund. Lawful claims payable from the Memorial Fund, 116th Engineers, or the
fund entitled Unclaimed Back Pay Due Second Oregon Volunteers, shall be paid,
upon approval of the Adjutant General, from the General Fund.
     408.470
Persons entitled to interment in Spanish War VeteransÂ’ plot. All honorably discharged soldiers, sailors
and marines who served in the forces of the United States during the Spanish
War or Philippine Insurrection at any time between April 23, 1898, and July 4,
1902, who are now deceased or may hereafter die in Oregon or who being
residents of Oregon die outside of Oregon, may be interred in the burial plot
established pursuant to sections 1 to 3, chapter 72, Oregon Laws 1911.
     408.480
Care of veterans ineligible for federal home. In case of the establishment of a national soldiersÂ’ home or branch
thereof at or near Roseburg, Douglas County, Oregon, and any persons lawfully
entitled prior to February 26, 1931, to be cared for in the Oregon State
SoldiersÂ’ Home formerly located at that location and not to be cared for in
said national soldiersÂ’ home or branch thereof, then the Department of Human
Services shall have authority to enter into contract with the United States
Government for the care of such persons in such home.
     408.490
Purchase of
     408.500
     (2) The purpose of the program is to
provide emergency financial assistance 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.
     (4) 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
     Note: 408.500 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 408 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     408.510 [Amended by 1993 c.795 §8; renumbered
408.390 in 1999]
     408.520 [Renumbered 408.393 in 1999]
     408.530 [Renumbered 408.395 in 1999]
USE OF PUBLIC
FACILITIES BY VETERANSÂ’ ORGANIZATIONS
     408.540
Use of buildings by veteransÂ’ organizations. All buildings acquired or constructed by county courts pursuant to
chapter 595, Oregon Laws 1947, shall be made available for the use of any
veteransÂ’ organizations and their auxiliaries located in the city, town or
community where any such building is located.
     408.550 [Repealed by 1961 c.454 §213]
     408.560
Use of public buildings for meetings of veteransÂ’ and auxiliary organizations. In counties where there is no armory
belonging to or under control of state authority, the county courts or boards
of county commissioners, upon written application of the commander or president
of any organized unit of war veterans or its auxiliary, shall allow its unit
organized in such county, free of cost, to occupy a portion of the courthouse
or any other public building, when such occupancy does not materially interfere
with occupancy of the building for the original purposes for which it was
intended. [Amended by 1961 c.454 §210]
VETERANS WITH
MENTAL ILLNESS
     408.570
Commitment of veterans with mental illness to federal veterans facility. When a veteran who has been adjudged
mentally ill is eligible for treatment in a United States veterans facility and
commitment is necessary for the proper care and treatment of such veteran, the
Department of Human Services or community mental health and developmental
disabilities program director, as provided under ORS 426.060, may, upon receipt
of a certificate of eligibility from the United States Department of Veterans
Affairs, assign the person to the United States Department of Veterans Affairs
for care, custody and treatment in a United States veterans facility. Upon
admission to any such facility, the veteran shall be subject to the rules and
regulations of the United States Department of Veterans Affairs and provisions
of ORS 426.060 to 426.395 and related rules and regulations of the Department
of Human Services. The chief officer of such facility shall be vested with the
same powers exercised by superintendents of state hospitals for persons with
mental illness within this state with reference to the retention, transfer,
trial visit or discharge of the veteran so assigned. The commitment of a
veteran to a veterans facility within this state by a court of another state
under a similar provision of law has the same force and effect as if the
veteran was committed to a veterans facility within that other state. [Amended
by 1975 c.690 §26; 1991 c.67 §100; 2007 c.70 §160]
     408.580
Transfer of veterans with mental illness from state to federal hospitals. Upon receipt of a certificate of eligibility
and available facilities, the Department of Human Services may cause to be
transferred any veteran from any facility to which the veteran has been
assigned to a
     408.590 [Repealed by 1963 c.540 §8]
BENEFITS TO
INDIGENT VETERANS
     408.710
Indigent war veteran defined; effect of property ownership. (1) As used in ORS 408.710 to 408.750, “indigent
war veteran” means any war veteran who is without means of procuring the
necessities of life.
     (2) No person shall be deprived of the
benefits provided for in ORS 408.720 to 408.750 by reason of the fact that the
person owns property which is not of such a character that it may be used to
give assistance to the person, or owns a home which is not disproportionate to
the needs of such veteran and family. No person shall be deprived of such
benefits until the person has ceased to be domiciled in the county for a period
of one year.
     408.720
Tax levy to finance activities of veteransÂ’ service officer; use of proceeds;
use of county general funds.
(1) Except as provided in subsection (3) of this section, in addition to the
taxes now authorized to be levied by law, a county governing body may levy in
each year a tax not exceeding one-eightieth of one percent (0.000125) of the
real market value of all taxable property within the county, computed in
accordance with ORS 308.207. The tax shall be levied and collected in the same
manner as other county taxes and is subject to the limits set forth in ORS
310.150.
     (2) The taxes collected shall be set apart
in the county treasury as a special fund for the purpose of financing the
employment and the activities of the service officer appointed under ORS
408.410. If an unobligated balance remains in the special fund at the end of a
fiscal year, the unobligated balance may be carried forward to the next fiscal
year and expended for the purposes described in this subsection.
     (3) A county governing body need not levy
the tax authorized under subsection (1) of this section in any fiscal year
when, at the beginning of the fiscal year, the unobligated balance in the
special fund described in subsection (2) of this section is sufficient to
finance the employment and activities of the service officer for the entire
fiscal year.
     (4) If the unobligated balance in the
special fund at the beginning of a fiscal year is not sufficient to finance the
employment and activities of the service officer for the entire fiscal year or
if the levy authorized by subsection (1) of this section is not made by a
county governing body for any year for the objects specified in subsection (2)
of this section, all expenses incurred under ORS 408.410 and 408.720 to 408.750
shall be paid from the general funds in the treasury of the county the same as
though such levy had been duly made. [Amended by 1963 c.9 §24; 1991 c.459 §398;
1995 c.557 §2]
     408.730
Procedure when indigent veterans are cared for by veterans organizations. (1) The commander or executive head of any
veterans organization organized under a charter issued by an Act of Congress,
proposing to undertake the relief provided for in ORS 408.720, shall file with
the county clerk of the county in which the veterans organization may be
situated, the names of its commander or executive head and its relief
committee, if any. The commander or executive head shall also file a notice in
writing that such veterans organization will undertake the relief of the
indigent persons provided for in ORS 408.720, and by the fourth Monday in
January of each year shall file with the county clerk a similar notice, and
render and file a detailed statement of the relief furnished during the
preceding year, including the amount thereof, the names of the persons to whom
furnished and on whose recommendation, and such other facts and suggestions as
are deemed material.
     (2) The commander or executive head shall
also file a bond, with one or more sureties, to be approved by the county court
or judge thereof, or board of county commissioners, in a sum not less than $100
and not more than $1,000. The amount of the bond shall be fixed by the court,
judge or board. It shall run to the county, and be conditioned by stating that
if said commander or executive head faithfully applies all funds that come into
the hands of the commander or executive head for that purpose, to the relief of
the indigent persons named in ORS 408.720, it is void. If the bond is enforced
there shall be recovered from the principal and sureties thereon the amount
which is found to be misappropriated, which shall be paid into the county
treasury.
     (3) If the county operates on a fiscal
year ending on June 30, the notice, statement and bond required by this section
may be filed on the fourth Monday in July of each year rather than on the
fourth Monday of January. If the statement required by subsection (1) of this
section is filed at the time provided in this subsection, this statement shall
cover the preceding fiscal year.
     (4) On the approval and filing of the
bond, and on the recommendation of the relief committee of any such veterans
organization, orders shall be drawn in favor of the commander or executive head
in the same manner as orders are now drawn for the relief of the poor. The
orders shall designate thereon the names of the persons for whom the relief is
intended and, in like manner, a sum not exceeding $100 may be drawn to pay the
funeral expenses of an indigent war veteran, and the indigent wives, widows and
the minor children of such war veterans. [Amended by 1955 c.56 §1]
     408.740
Appointment and duties of county veteransÂ’ relief officer. The relief fund may be disbursed by an
officer to be appointed by the county court or board of county commissioners.
The commanders or executive heads of the various veterans organizations shall
constitute an advisory board to consult and advise with the court or board
relative to administration and disbursement of the fund. Such officer shall
investigate all requests for relief, and no warrant shall be paid from the fund
except upon the order of such officer. The officer shall give such bond as may
be required and approved by the court or board, and may be removed at any time
by the court or board. If any vacancy occurs in such office, the court or board
shall appoint a successor to such officer. Such officer shall be paid a salary
from funds of the county other than the relief fund, to be fixed by the court
or board, and audited and paid in the manner that county officers are paid, as
provided by law.
     408.750
When county court must aid veterans; necessity of veterans organizationÂ’s
consent before sending veterans to poorhouse. (1) If there is no war veterans organization within any county in this
state, the county judge thereof shall undertake the relief provided for in ORS
408.720.
     (2) The county judge in a county in which
there is a war veterans organization, shall not send to the county poorhouse
any person for whom relief is provided by ORS 408.720, without first obtaining
the consent of the organizationÂ’s commander or executive head. All the indigent
persons named in ORS 408.720 shall be provided for, so far as practicable, at
their homes.
_______________
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