1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session House Bill 2559 Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of Governor Tina Kotek 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.The statement includes a measure digest written in compliance with applicable readability standards. Digest: Defines the word that describes a condition in which a veteran is discharged or released. (Flesch Readability Score:61.8). Defines “honorable conditions” as related to the discharge or release of a veteran. A BILL FOR AN ACT Relating to veterans; amending ORS 200.005, 407.087, 408.225 and 413.650. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 408.225 is amended to read: 408.225. (1) As used in ORS 408.225 to 408.237: (a)(A) “Civil service position” means any position for which a hiring or promotion decision is made or required to be made based on the results of a merit based, competitive process that in- cludes, but is not limited to, consideration of an applicant’s or employee’s relative ability, knowl- edge, experience and other skills. (B) A “civil service position” need not be labeled a “civil service position.” (b) “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. (c) “Disabled veteran” means a veteran who has a disability rating from the United States De- partment of Veterans Affairs, a veteran whose discharge or release from active duty was for a dis- ability incurred or aggravated in the line of duty or a veteran who was awarded the Purple Heart for wounds received in combat. (d) “Honorable conditions” [has the meaning given that term in rules adopted by the Department of Veterans’ Affairs] means a condition of discharge or release that is other than dishonorable, as determined by the United States Department of Defense or the United States Department of Veterans Affairs. (e) “Public employer” means a public body, as that term is defined in ORS 174.109, and any person authorized to act on behalf of the public body, with respect to control, management or supervision of any employee. (f) “Veteran” means a person who: (A) Served on active duty with the Armed Forces of the United States: (i) For a period of more than 90 consecutive days beginning on or before January 31, 1955, and was discharged or released under honorable conditions; (ii) For a period of more than 178 consecutive days beginning after January 31, 1955, and was discharged or released from active duty under honorable conditions; NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 356 HB2559 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (iii) For 178 days or less and was discharged or released from active duty under honorable conditions because of a service-connected disability; (iv) For 178 days or less and was discharged or released from active duty under honorable conditions and has a disability rating from the United States Department of Veterans Affairs; or (v) For at least one day in a combat zone and was discharged or released from active duty under honorableconditions; (B) Received a combat or campaign ribbon or an expeditionary medal for service in the Armed Forces of the United States and was discharged or released from active duty under honorable con- ditions; or (C) Is receiving a nonservice-connected pension from the United States Department of Veterans Affairs. (2) As used in subsection (1)(f) 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 Na- tional Guard unit. SECTION 2. ORS 407.087 is amended to read: 407.087. (1) As used in Article XI-A of the Oregon Constitution and this chapter, “veteran” means a person who: (a) Served on active duty with the Armed Forces of the United States: (A) For a period of more than 90 consecutive days beginning on or before January 31, 1955, and was discharged or released from active duty under honorable conditions; (B) For a period of more than 178 consecutive days beginning after January 31, 1955, and was discharged or released from active duty under honorable conditions; (C) For 178 days or less and was discharged or released from active duty under honorable con- ditions because of a service-connected disability; (D) For 178 days or less and was discharged or released from active duty under honorable con- ditions and has a disability rating from the United States Department of Veterans Affairs; or (E) For at least one day in a combat zone and was discharged or released from active duty under honorableconditions; (b) Received a combat or campaign ribbon or an expeditionary medal for service in the Armed Forces of the United States and was discharged or released from active duty under honorable con- ditions; or (c) Is receiving a nonservice-connected pension from the United States Department of Veterans Affairs. (2) As used in subsection (1) of this section: (a) “Active duty” does not include attendance at a school under military orders, except school- ing incident to an active enlistment or a regular tour of duty, or normal military training as a re- serve officer or member of an organized reserve or National Guard unit. (b) “Honorable conditions” [has the meaning given that term in rules adopted by the Department of Veterans’ Affairs] means a condition of discharge or release that is other than dishonorable, as determined by the United States Department of Defense or the United States Department of Veterans Affairs. SECTION 3. ORS 200.005 is amended to read: 200.005. As used in ORS 200.005 to 200.075, 200.110, 200.120, 200.160 to 200.200 and 279A.105: (1) “Contracting agency” has the meaning given that term in ORS 279A.010. [2] HB2559 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (2) “Contractor” means a person that agrees to legally enforceable terms and conditions under which the person performs services or supplies materials in accordance with a contracting agency’s specifications and for the purpose of accomplishing results the contracting agency intends, while retaining control of the means, methods and manner of performing the services or supplying the materials. (3) “Disadvantaged business enterprise” means a small business concern: (a) At least 51 percent of which one or more socially and economically disadvantaged individuals own;or (b) At least 51 percent of the stock of which, if the small business concern is a corporation, is owned by one or more economically disadvantaged individuals who also control and manage the daily business operations of the small business concern. (4) “Economically disadvantaged individual” means a socially disadvantaged individual for whom diminished capital and credit opportunities have impaired the individual’s ability to compete in the free enterprise system as compared to other individuals in the same business area who are not so- cially disadvantaged individuals. (5) “Emerging small business” means an independent business concern that: (a) Has a principal place of business located in this state; (b) Qualifies as a tier one firm or a tier two firm; (c) Is properly licensed and legally registered in this state; and (d) Is not a subsidiary or parent company that belongs to a group of firms that the same indi- viduals own or control if, in the aggregate, the group of firms does not qualify as a tier one firm or a tier two firm. (6) “Minority individual” means an individual who is a citizen or lawful permanent resident of the United States and is: (a) African American, having origins in any of the original peoples of Africa; (b) Hispanic, having Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race; (c) Asian American, having origins in any of the original peoples of East Asia, Southeast Asia, the Indian subcontinent or the Pacific Islands; (d) Portuguese, having Portuguese, Brazilian or other Portuguese culture or origin, regardless ofrace; (e) American Indian or Alaska Native, having origins in any of the original peoples of North America;or (f) Any other individual or member of another group that the Certification Office for Business Inclusion and Diversity determines is socially and economically disadvantaged. (7) “Minority-owned business,” “woman-owned business” or “veteran-owned business” means, as appropriate, a small business concern: (a) At least 51 percent of which one or more minority individuals, women or veterans own and control; or (b) At least 51 percent of the stock of which, if the small business concern is a corporation, is owned by one or more minority individuals, women or veterans who also control and manage the daily business operations of the small business concern. (8) “Responsible bidder or proposer” means a bidder or proposer that the Governor’s Policy Advisor for Economic and Business Equity determines has undertaken both a policy and practice of actively pursuing participation by minority-owned businesses, woman-owned businesses, veteran- [3] HB2559 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 owned businesses or emerging small businesses in all of the bidder’s or proposer’s bids or proposals, both public and private. (9) “Small business concern” means a small business, as defined by the United States Small Business Administration in 13 C.F.R. part 121, as in effect on January 1, 2016. (10) “Socially disadvantaged individual” means an individual who has been subjected to racial or ethnic prejudice or cultural bias, without regard to individual qualities, because of the individual’s identity as a member of a group. (11) “State contracting agency” has the meaning given that term in ORS 279A.010. (12) “Subcontractor” means a contractor that does not have a direct contractual relationship with a contracting agency. (13) “Tier one firm” means a business that employs not more than 19 full-time equivalent em- ployees and has average annual gross receipts for the last three years that do not exceed an amount that the Oregon Business Development Department specifies by rule. (14) “Tier two firm” means a business that employs not more than 29 full-time equivalent em- ployees and has average annual gross receipts for the last three years that do not exceed an amount that the Oregon Business Development Department specifies by rule. (15)(a) “Veteran” means an individual who: (A) Served on active duty with the Armed Forces of the United States: (i) For a period of more than 90 consecutive days beginning on or before January 31, 1955, and was discharged or released under honorable conditions; (ii) For a period of more than 178 consecutive days beginning after January 31, 1955, and was discharged or released from active duty under honorable conditions; (iii) For 178 days or less and was discharged or released from active duty under honorable conditions because of a service-connected disability; (iv) For 178 days or less and was discharged or released from active duty under honorable conditions and has a disability rating from the United States Department of Veterans Affairs; or (v) For at least one day in a combat zone and was discharged or released from active duty under honorableconditions; (B) Received a combat or campaign ribbon or an expeditionary medal for service in the Armed Forces of the United States and was discharged or released from active duty under honorable con- ditions; (C) Is receiving a nonservice-connected pension from the United States Department of Veterans Affairs; (D) Is a disabled veteran, as defined in ORS 408.225; or (E) Has been a reserve officer or member of a National Guard unit for at least five years before the individual seeks a certification under ORS 200.055. (b) As used in paragraph (a) of this subsection[,]: (A) “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. (B) “Honorable conditions” means a condition of discharge or release that is other than dishonorable, as determined by the United States Department of Defense or the United States Department of Veterans Affairs. (16) “Woman” means a person of the female gender who is a citizen or lawful permanent resi- dent of the United States. [4] HB2559 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 4. ORS 413.650 is amended to read: 413.650. (1) As used in this section: (a) “Dental care organization” means a prepaid managed care health services organization, as defined in ORS 414.025, that provides dental care to members of a coordinated care organization. (b) “Medical assistance” has the meaning given that term in ORS 414.025. (c) “Veteran” means an individual who is a veteran, as defined in ORS 408.225, except the in- dividual may be discharged or released under honorable or other than honorable conditions. (2) The Veterans Dental Program is established in the Oregon Health Authority and shall be administered in collaboration with the Department of Consumer and Business Services. The purpose of the program is to provide oral health care to eligible veterans who are residing in Oregon. (3) The authority shall contract with dental care organizations throughout this state and with individual oral health care providers in areas of this state that are not served by dental care or- ganizations to provide oral health care to veterans enrolled in the Veterans Dental Program. (4) Enrollees in the Veterans Dental Program shall receive the types and extent of oral health care services that the authority determines will be provided to medical assistance recipients in ac- cordance with ORS 414.065, without any corresponding copayments, deductibles or cost sharing re- quired. (5) An individual is eligible for the Veterans Dental Program if the individual: (a) Is a resident of Oregon; (b) Is ineligible for medical assistance; (c) Has income that is at or below 400 percent of the federal poverty guidelines; and (d) Is a veteran. (6) The authority shall: (a) Prescribe by rule a simple application process for the Veterans Dental Program. (b) Provide assistance, in person or by telephone, to applicants for and enrollees in the program. (c) Require and accept as verification of eligibility: (A) Documentation demonstrating that an applicant’s income is at or below 400 percent of the federal poverty guidelines[.]; and (B)(i) An applicant’s federal DD Form 214 or 215; or (ii) An applicant’s summary of benefits letter from the United States Department of VeteransAffairs. [5]