Oregon Statutes 406.050 – Additional powers and duties of director or department; grants, donations and gifts; rules; service charges
In addition to other powers and duties, the Department of Veterans’ Affairs is authorized:
Terms Used In Oregon Statutes 406.050
- Dependent: A person dependent for support upon another.
- Fiduciary: A trustee, executor, or administrator.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(1) To cooperate with officers and agencies of the United States in all matters affecting veterans’ welfare.
(2) To accept monetary and nonmonetary grants, donations and gifts on behalf of this state from any person or governmental or nongovernmental entity. The department shall deposit with the State Treasurer all monetary grants, donations and gifts received. The State Treasurer shall credit the amounts deposited to a trust fund established for the purposes of this section. Moneys in the trust fund are continuously appropriated to the department and may be expended for the purposes specified in subsections (3), (4) and (5) of this section. Interest earned on the moneys in the trust fund established under this subsection shall accrue to the trust fund.
(3) To expend all or any portion of a monetary grant, donation or gift for the purposes specified in the grant, donation or gift.
(4) To expend moneys in the trust fund established under subsection (2) of this section as the department deems appropriate for purposes consistent with the department’s authority under Articles XI-A and XI-F(2) of the Oregon Constitution and under this chapter and ORS chapters 88, 273, 407 and 408 if:
(a) The department determines that the purpose specified in the grant, donation or gift has been satisfied, has expired or is not feasible or appropriate; or
(b) Expenditure of trust fund moneys is not limited by the specific terms of a specific grant, donation or gift.
(5) To expend or otherwise dispose of a nonmonetary grant, donation or gift received by selling or otherwise converting a grant, donation or gift into moneys unless the sale or conversion is inconsistent with a limitation specified in the grant, donation or gift. Notwithstanding a specified limitation, the department may sell or otherwise convert a nonmonetary grant, donation or gift into moneys if the department determines that the limitation has been satisfied, has expired or is not feasible or appropriate. The department shall deposit the moneys realized from any sale or conversion under this subsection into the trust fund established in subsection (2) of this section.
(6) If the department determines that the nature of a nonmonetary grant, donation or gift makes its use by the department, or its sale or conversion to moneys for use by the department not feasible or appropriate, to donate or otherwise transfer all or any portion of the nonmonetary grant, donation or gift to:
(a) A person or governmental or nongovernmental entity that the department determines is engaged in serving veterans or veterans’ survivors or dependents.
(b) A veteran or veteran’s survivor or dependent whom the department determines is in need of emergency assistance.
(7) To act as agent or attorney in fact for any veteran and the dependents or beneficiaries of any veteran relating to rights under any federal or state law.
(8) To act without bond as a fiduciary appointed by the United States Department of Veterans Affairs to manage the benefits and pay debts for:
(a) A person who qualifies for benefits from the United States Department of Veterans Affairs; and
(b) A dependent, an immediate family member, a survivor or a former spouse who has not remarried of a person who qualifies for benefits, or who qualified for benefits while alive, from the United States Department of Veterans Affairs, as those persons are defined by rule by the Department of Veterans’ Affairs.
(9) To act without bond as a representative payee appointed by and under the rules of the United States Social Security Administration for any veteran and the dependents or beneficiaries of any veteran who receives federal Social Security or Supplemental Security Income benefits.
(10) To act without bond as conservator of the estate of:
(a) A person who qualifies for benefits from the United States Department of Veterans Affairs.
(b) A dependent, an immediate family member, a survivor or a former spouse who has not remarried of a person who qualifies for benefits, or who qualified for benefits while alive, from the United States Department of Veterans Affairs, as those persons are defined by rule by the Department of Veterans’ Affairs.
(11) On behalf of the State of Oregon, to extend such assistance as the department determines to be reasonably required to any veteran and to the dependents of any such veteran, in the prosecution of any claim before the United States Department of Veterans Affairs, or any other federal or state agency, the securing of employment or relief and any other benefits to which the veteran and the dependents of the veteran might be entitled.
(12) To require and collect such reasonable service charges as the department determines, by rule, are necessary and expedient to carry out a duty, or to exercise a power or authority, conferred on the department by law.
(13) To adopt rules and regulations with respect to all matters of administration to carry into effect the purposes of this section. [Amended by 1965 c.374 § 1; 1967 c.172 § 1; 1973 c.823 § 127; 1987 c.425 § 5; 1991 c.67 § 94; 1995 c.106 § 1; 1999 c.52 § 1; 2001 c.102 § 1; 2003 c.152 § 1; 2005 c.625 § 8; 2009 c.41 § 8; 2009 c.602 1,1a; 2015 c.381 § 1]