2019 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing
Section 98.379 - Retention of abandoned military medals; transfer of custody; rules.
(1) As used in this section:
(a) "Armed Forces of the United States" has the meaning given that term in ORS 348.282.
(b) "Descendant" has the meaning given that term in ORS 111.005.
(c) "Military medal" means a medal or decoration awarded to a person for military service in the Armed Forces of the United States and presumed to be abandoned under ORS 98.302 to 98.436.
(d) "Service member" means the person to whom a military medal was initially awarded by the Armed Forces of the United States.
(2) Notwithstanding ORS 98.382 and 98.384, the Department of State Lands may not sell or destroy a military medal. Except as provided in subsection (4) of this section, upon receiving a military medal, the department shall retain the military medal until a claim is filed for the military medal by a service member or by a descendant of a deceased service member.
(3) The department may make a photograph or other visual depiction of the military medal available to the public, together with any information in the records of the holder, excluding Social Security numbers, that the department determines is necessary to facilitate the identification and location of a service member or a descendant of a deceased service member.
(4) The department may deliver a military medal to one of the following custodians if the recipient custodian agrees, in writing, to retain the military medal for the service member or a descendant of a deceased service member:
(a) A military veterans’ organization qualified under section 501(c)(19) of the Internal Revenue Code;
(b) The agency that awarded the military medal;
(c) A state or federal agency; or
(d) The Oregon Military Museum established under ORS 396.555.
(5) If the department transfers custody of a military medal as provided in subsection (4) of this section, the department is relieved of any duty to safeguard the military medal.
(6) The department may adopt rules to implement the provisions of this section, including:
(a) Identifying procedures the department must take to reasonably identify a service member or a descendant of a deceased service member.
(b) Specifying documentation necessary for a service member or a descendant of a deceased service member to submit a claim for a military medal.
(c) Prioritizing claims if more than one of a deceased service member’s descendants submits a claim for a military medal. [2018 c.91 §2]
Note: The amendments to 98.379 by section 15, chapter 384, Oregon Laws 2019, become operative June 30, 2021. See section 28, chapter 384, Oregon Laws 2019. The amendments to 98.379 by section 79, chapter 678, Oregon Laws 2019, become operative July 1, 2021. See section 85, chapter 678, Oregon Laws 2019. 98.379, as amended by section 15, chapter 384, Oregon Laws 2019, and section 79, chapter 678, Oregon Laws 2019, is set forth for the user’s convenience.
(1) As used in this section:
(a) "Armed Forces of the United States" has the meaning given that term in ORS 366.931.
(b) "Descendant" has the meaning given that term in ORS 111.005.
(c) "Military medal" means a medal or decoration awarded to a person for military service in the Armed Forces of the United States and presumed to be abandoned under ORS 98.302 to 98.436.
(d) "Service member" means the person to whom a military medal was initially awarded by the Armed Forces of the United States.
(2) Notwithstanding ORS 98.382 and 98.384, the State Treasurer may not sell or destroy a military medal. Except as provided in subsection (4) of this section, upon receiving a military medal, the State Treasurer shall retain the military medal until a claim is filed for the military medal by a service member or by a descendant of a deceased service member.
(3) The State Treasurer may make a photograph or other visual depiction of the military medal available to the public, together with any information in the records of the holder, excluding Social Security numbers, that the State Treasurer determines is necessary to facilitate the identification and location of a service member or a descendant of a deceased service member.
(4) The State Treasurer may deliver a military medal to one of the following custodians if the recipient custodian agrees in writing to retain the military medal for the service member or a descendant of a deceased service member:
(a) A military veterans’ organization qualified under section 501(c)(19) of the Internal Revenue Code;
(b) The agency that awarded the military medal;
(c) A state or federal agency; or
(d) The Oregon Military Museum established under ORS 396.555.
(5) If the State Treasurer transfers custody of a military medal as provided in subsection (4) of this section, the State Treasurer is relieved of any duty to safeguard the military medal.
(6) The State Treasurer may adopt rules to implement the provisions of this section, including:
(a) Identifying procedures the State Treasurer must take to reasonably identify a service member or a descendant of a deceased service member.
(b) Specifying documentation necessary for a service member or a descendant of a deceased service member to submit a claim for a military medal.
(c) Prioritizing claims if more than one of a deceased service member’s descendants submits a claim for a military medal.
Note: 98.379 was added to and made a part of 98.302 to 98.436 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
