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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 808
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Governor Tina Kotek for Oregon Military Department)
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: Gives job preferences in civil service jobs to current and former members of the state
national guard. (Flesch Readability Score: 60.1).
Provides hiring and promotion preferences in public employment to members and former mem-
bers of the Oregon National Guard.
A BILL FOR AN ACT
Relating to preference given to servicemembers in public employment; amending ORS 408.225,
408.230 and 408.235.
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) “Former state servicemember” means a person who was:
(A) A member of the Oregon National Guard; and
(B) Discharged or released from the Oregon National Guard under honorable conditions.
[(d)] (e) “Honorable conditions” has the meaning given that term in rules adopted by the De-
partment of Veterans’ Affairs.
[(e)] (f) “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.
(g) “State servicemember” means a person who is a member of the Oregon National
Guard.
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.
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[(f)] (h) “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;
(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)] (1)(h) 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.
SECTION 2. ORS 408.230 is amended to read:
408.230. (1) A public employer shall grant a preference to a state servicemember, former
state servicemember, veteran or disabled veteran who applies for a vacant civil service position
or seeks promotion to a civil service position with a higher maximum salary rate and who:
(a)(A) Successfully completes an initial application screening or an application examination for
the position; or
(B) Successfully completes a civil service test the employer administers to establish eligibility
for the position; and
(b) Meets the minimum qualifications and any special qualifications for the position.
(2) 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 em-
ployer shall add five percentage points to a state servicemember’s, former state
servicemember’s or veteran’s score and 10 percentage points to a disabled veteran’s score.
(b) For an application examination, given after the initial application screening, that results in
a score, the employer shall add the preference to the total combined examination score without al-
locating the preference to any single feature or part of the examination. The employer shall add five
percentage points to a state servicemember’s, former state servicemember’s or veteran’s score
and 10 percentage points to a disabled veteran’s score.
(c) For an application examination that consists of an interview, an evaluation of the state
servicemember’s, former state servicemember’s or veteran’s performance, experience or train-
ing, a supervisor’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 state servicemember, former state
servicemember, 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
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special consideration in the employer’s hiring decision to state servicemembers, former state
servicemembers, veterans and disabled veterans.
(3) Preferences of the type described in subsection (1) of this section are not a requirement that
the public employer appoint a state servicemember, former state servicemember, veteran or
disabled veteran to a civil service position.
(4) A public employer shall appoint an otherwise qualified state servicemember, former state
servicemember, veteran or disabled veteran to a vacant civil service position if the results of a
state servicemember’s, former state servicemember’s, veteran’s or disabled veteran’s applica-
tion examination, when combined with the state servicemember’s, former state
servicemember’s, veteran’s or disabled veteran’s preference, are equal to or higher than the results
of an application examination for an applicant who is not a state servicemember, former state
servicemember, veteran or disabled veteran.
(5) If a public employer does not appoint a state servicemember, former state
servicemember, veteran or disabled veteran to a vacant civil service position, upon written request
of the state servicemember, former state servicemember, veteran or disabled veteran, the em-
ployer, in writing, shall provide the employer’s reasons for the decision not to appoint thestate
servicemember, former state servicemember, veteran or disabled veteran to the position. The
employer may base a decision not to appoint the state servicemember, former state
servicemember, veteran or disabled veteran solely on the state servicemember’s, former state
servicemember’s,veteran’s or disabled veteran’s merits or qualifications with respect to the vacant
civil service position.
(6) Violation of this section is an unlawful employment practice.
(7) A state servicemember, former state servicemember, 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.
(8) For purposes of this section, “disabled veteran” includes a person who is receiving service-
connected compensation from the United States Department of Veterans Affairs under 38 U.S.C.
1110 or 1131.
SECTION 3. ORS 408.235 is amended to read:
408.235. (1) A veteran is eligible to use the preference provided for in ORS 408.230 for a civil
service position for which application is made at any time after discharge or release from service
in the Armed Forces.
(2) An individual is treated as a veteran for purposes of the preference provided for in ORS
408.230 if the individual:
(a) Meets the definition of “veteran” under ORS 408.225 except for the requirement that the
individual was discharged or released under honorable conditions; and
(b) Submits a certification to the public employer that the individual is expected to be dis-
charged or released from active duty under honorable conditions not later than 120 days after the
submission of the certification.
(3) An individual is treated as a disabled veteran for purposes of the preference provided for in
ORS 408.230 if the individual:
(a) Meets the definition of “veteran” under ORS 408.225 except for the requirement that the
individual was discharged or released under honorable conditions; and
(b) Submits a certification to the public employer that the individual is expected to be medically
separated from active duty under honorable conditions not later than 120 days after the submission
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of the certification.
(4) A state servicemember is eligible to use the preference provided for in ORS 408.230
for a civil service position for which application is made at any time during which the state
servicemember is a member of the Oregon National Guard.
(5) A former state servicemember is eligible to use the preference provided for in ORS
408.230 for a civil service position for which application is made at any time after discharge
or release from service in the Oregon National Guard.
(6) An individual is treated as a former state servicemember for purposes of the prefer-
ence provided for in ORS 408.230 if the individual:
(a) Meets the definition of “former state servicemember” under ORS 408.225 except for
the requirement that the individual was discharged or released under honorable conditions;
and
(b) Submits a certification to the public employer that the individual is expected to be
discharged or released from service from the Oregon National Guard under honorable con-
ditions not later than 120 days after the submission of the certification.
[4]