Oregon War Veterans Blog

Oregon Legislature Cuts National Guard Budget While Troops Deploy

Salem, OR - OWVA is saddened by the Oregon Legislature's decision to cut the Oregon Military Department/National Guard (OMD) budget by more than 16% while 3,200 Oregon National Guard troops deploy to Iraq this year.

"I am so sick of hearing 'we got your back' by politicians in Oregon who voice their support for our military in pubic forums, but in committee and session hearings cut their support so drastically," said Greg Warnock, Director of Oregon War Veterans Association.

During the budget vote by the Oregon House, Representative Tim Freeman (R-Roseburg) - the only member to voice his opinion on the budget bill - said, "I voted yes on this bill in committee, and will vote yes on this bill today. But, I think it is unconscionable that we could be passing a budget with such drastic cuts, while we are in a war with Oregon Troops deployed." 

Most of the troops deploying to war zones this year have been there two or three times already, and some have been there four times. Each of these families has suffered for many years while in the deployment cycle, and needed more help than ever from the legislature, especially for their emergency family fund support.

During the 2009 legislative session, OWVA asked for $850,000 to properly fund the National Guard's family emergency assistance fund. The legislative sub committee which oversaw the military budget process this year only authorized $250,000 to fund the emergency fund. After OWVA's loud complaints to the legislative leadership, they decided to raise the fund contribution from $250,000 to $450,000, which is still a decrease from previous years.

In the past two biennia, the legislature gave the fund $500,000. But, during each of those biennia the Oregon Military Department ran out of funds for emergencies within 18 months, so OWVA asked for more money this session. This year, the Oregon Military Department/National Guard has deployed more troops to war than at any other time since WWII.

This is a legislative FAILURE, in our opinion, and a tragedy for our military families. Military members, who have endured multiple years of deployments and subsequent financial hardships, cannot continue to support their families with even the most basic housing and utility costs. Many of them have already used up their home equities to subsidize their income, cashed in their savings accounts, sold assets and depleted other family resources just to survive the previous 18-24 month deployments. Some of these families will undoubtedly become homeless while their heads of household are dodging bullets and IEDs in Iraq.

During the next week, the directors and supporters of OWVA will more thoroughly review this legislative session's treatment of Oregon's veterans and military members by reviewing all of the veteran related bills, and will publish their review online and as a press release.

 

OWVA Director Emails Legislative Leadership About Not Yet Hearing Important Bills

The following email was sent to Oregon's legislative leaders, in an attempt to express how important it is to help the Oregon National Guard in their time of extraordinary need:


Dear President Courtney, Speaker Hunt, Senators Burdick and Carter, and Representatives Buckley and Barnhart:

Our constituents have been hounding us for more information regarding our legislation to assist the Oregon Nation Guard Emergency Fund funding, and Oregon Youth Challenge Program.  We have not been critical of the legislature so far, and would honestly like to keep it that way.

Since 2005, the Oregon National Guard has received funding for their Emergency Fund, which, as you know is critical for their operations, both at home, and also in the battlefield, where our guys don't have the energy to worry about the financial constraints placed on their families (3,200 of them) while they are dodging bullets and IED's.

OWVA wrote SB921, which will satisfy ORNG's emergency funding needs for the next biennium. But, this bill has not seen the light of day yet.  How can we as Oregon Citizens, and you as our leaders realize how much in Federal money the ORNG brings into the State for all of the non-military related special projects sponsored by this legislature, and then purposely decide NOT to fund their most critical programs? 

As you know, the National Guard's budget has been cut deeper than any of the other major agencies - but for every dollar in their budget, they bring in more than 190 dollars.  To us, this seems to be more than an oversight by Leadership, but is an abuse our National Guard.  It seems to us, and to our constituency, that you folks are using the National Guard for financial gain, but will not help them when they need it the most.  Amazing.

Since I know that you do not read lengthy emails during session, especially at the end it - I will be very brief about our other issues.

SB920 will save the Oregon Youth Challenge from impending financial disaster, and do it with a simple solution.  A 2.0 ADM is all they need to make this program the best in the country.  By the way, the Federal match for this program will be 50% beginning next year.  How can we let this program fail?  We have a meeting with Senator Verger about this bill on Monday, and would very much appreciate your support to move the bill ahead.

SB917 is a placeholder bill (can be amended in two days) to fix the TRICARE tax benefit fiasco from 2007.  The orignal bill (HB3201) was supposed to help military families get sufficient healthcare by encouraging providers to enroll as TRICARE providers.  TRICARE is the ONLY medical program for ORNG families.  Without providers, they have NO health care.  I can give you many anecdotes about how important this is.  The solution is relatively simple too:  take out the Dept of Rual Health as the administrator of the tax program, and let the providers simply apply for the deductions and credits from the Dept of Revenue.  The middleman is unnecessary and problematic.  Not fixing the TRICARE problem in Oregon will keep families from a health care service that would otherwise be available to them. 

Did you know that if they qualify for TRICARE they do not qualify for other low income health programs?  Even if they have no providers through TRICARE?  This means that the military families whom you have publicly sworn to "watch your back" will lose all access to affordable health care.  (Isn't that an important issue for this legislature?)

OWVA has been sending out regular press releases and Twitters to our constituents and the general public.  It is important (as we face the end of this session), that you help get these bills moving and fund the National Guard programs as requested.  We want our next few press releases to be excited about how well the legislature is "watching your backs," while our troops are deployed.  Time is running out.  Please help.

I would value an email, or phone call from each of you, or even a meeting explaining how you plan to resolve these issues, or if you plan to move these bills forward. 

Very sincerely,

Greg Warnock
Oregon War Veterans Association

OWVA Passes Priority Legislation

The Oregon War Veterans Association (OWVA) worked with others to pass a bill that designates the U.S. Highway 97 in Oregon as the World War II Veterans Historic Highway.  SB 449 passed the House unanimously Thursday. 
 
“The passage of this bill is a huge victory,” said Greg Warnock, the Executive Director of OWVA.  “Oregonians often forget the history behind World War II, the war that played a major role in central Oregon.  This bill will place plaques along the highway with facts and reminders of those that fought for our country.”  
 
The signage will be paid for by veteran groups and will be organized by the US Highway 97 WWII Veterans Historic Highway Committee, chaired by Dick Tobiason, LTC US Army Retired, of Bend Oregon.  The Committee first promoted the idea of the historical highway in 2005. The Vice Chair of the committee, Mr. Bob Maxwell, the only surviving Metal of Honor recipient in living in Oregon, attended the House Floor Session and watched SB 449 become reality. 
 
Also occurring this week, SB 731B passed unanimously out of the  House Committee on Consumer Affairs.  This important legislation will help disabled veterans better protect their disability pensions from illegal collections.  SB 731B implements the policy and principle behind state and federal exemption laws by ensuring that protection is offered up front, at the bank account level, rather than requiring an expensive and delayed court hearing.  OWVA joined the Oregon Law Center, and Ms. Sybil Hebb on this legislation soon after her organization drafted it, and made it a priority bill for 2009.
 
SB 731B is expected to land on the House floor this Tuesday for a vote.  OWVA is writing a Floor Letter to all of the Representatives in support of the bill.

OWVA Asks House to Protect Veteran Vulnerability instead of Protecting the Creditors

Salem, Oregon – Oregon War Veterans Association (OWVA) urges a "do pass" recommendation on the SB 731A version of the bill that is now in the House Committee on Consumer Protection.  This important legislation will help disabled veterans better protect their disability pensions from illegal collections.  SB 731A implements the policy and principle behind state and federal exemption laws by ensuring that protection is offered up front, at the bank account level, rather than requiring an expensive and delayed court hearing. 

OWVA's director, Greg Warnock, told a group of OWVA supporters on Wednesday that some legislators feel that the banks have had a difficult time trying to understand regulations regarding funds that are exempt from garnishments.  They feel that the burden to help their disabled customers is too great.

Warnock, who is a former banker with US Bank, provided public testimony and said, "Banks and Credit Unions are not burdened at all by protecting legally exempt funds from garnishment, especially when affidavits of the protected funds are on file, and when additional fees have been paid to help the banks process the necessary forms.  Frankly, most banks and credit unions prefer to bend over backward for their disabled veteran customers, instead of supporting illegal debt collections."

OWVA put off an amendment to SB731 to fine institutions which violate the rights of disabled veterans on the illegal garnishment issue.  This decision was a compromise to see the bill get through this year's session as it is currently written.

 "We have all compromised enough on this legislation, and it is time to move the bill forward," Warnock said.

# # #

New "Linscott Law" Protects Military Families

Salem, Oregon - House Bill 2303 was signed into law on Friday, sending a loud signal to creditors who abuse Oregon's military families.  The law now requires financial institutions to conform to the Servicemembers Civil Relief Act (SCRA) laws, and special federal rights held by service members.

 The passage of this law is a result of the efforts of strong lobby support of the Oregon War Veterans Association (OWVA), the Oregon State Bar's (OSB) Military Assistance Panel, Salem Attorney Jess Barton, Portland Attorney Mike Mendelson, and Brigadier General Mike Caldwell, Deputy Director of the Oregon Military Department who gave much support during the legislative hearings.

The law is affectionately now known by advocates as the "Linscott Law" named after Oregonian Maj. Jeff Linscott, a Marine veteran who paid more than $100,000 of his own funds to fight creditors who challenged his Federal SCRA rights in court.

SCRA laws are supposed to keep creditors from foreclosing on loans, practicing predatory practices, or adjusting interest rates against activated military members. But, have been no teeth in the laws to prevent creditors from threatening military families from paying high court costs to enforce the law. 

The Linscott Law will now allow military families to sue creditors for attorney fees and court costs, which means that they can now defend themselves against illegal actions and predator lenders. The new law may actually be duplicated by other States as well, who want protections for Servicemembers.

Last year, Jess Barton who serves as Associate Legal Counsel for OWVA and a member of the Military Assistance Panel told OWVA's directors that, "Some creditors prey on deployed military personnel, even after they hear of their federal rights for relief, because they cannot defend themselves while in Iraq or Afghanistan."

"Most lenders comply with the law, but the ones who do not are particularly aggressive, since there has been no recourse against them.  Now we will fight them back in court," said Greg Warnock, OWVA's executive director, in a conversation with Linscott on Friday.

OWVA developed legislative sponsors and key support for the bill, and gave testimony about its merit to deployed families. OWVA initially added a penalty amendment that would fine violators $10,000 per incident.  This would give the legislation additional "teeth" because systematic violators should be punished for their abuses over and above the fees a court may award.

"By keeping the penalty clauses out of the bill, however, we hoped to show the Judiciary Committees and the financial institution advocates that we were willing to compromise, so conforming financial institutions wouldn't feel threatened." said Jess Barton.  "The penalty amendment was worth compromising to assure that the bill would be passed and federal laws will be upheld.  The Linscott Law is a tremendous victory for Oregon's military families.

Jess Barton may be reached by email (jessbarton@msn.com ) for additional comments or legal advice regarding the new law.

Good news!

The Oregon Senate passed SB 731!  OWVA would like to thank the Senate for its support our of most vulberable citizens, including many veterans.  Now, we need to urge the Oregon House to continue pushing this important legislation forward.

OWVA Urges Senate to Protect Veteran Vulnerability

A bill that will protect Oregon’s vulnerable veterans is expected to land on the Senate floor early next week.  SB 731A will protect exempt funds from garnishment.  The bill implements the policy and principle behind state and federal exemption laws by ensuring that protection is offered up front, at the bank account level, rather than requiring an expensive and delayed court hearing. 

“Veterans’ benefits, disability benefits, social security benefits – these are crucial programs that are designed to create a safety net for vulnerable people.  That’s why state and federal laws declare these benefits exempt from collection,” said Sybil Hebb, an attorney at the Oregon Law Center.  “Often, these benefits are our clients’ only source of income.  Losing that money to a garnishment means missing rent and utility payments, not being able to pay for food or medication – these garnishments are shredding our safety nets.”

Last month, Oregon War Veterans Association (OWVA) was called by a VA veteran service officer in Portland, who had a veteran in ICU for two weeks. During that time, a creditor garnished every single dime from his bank account, and nearly made the disabled veteran homeless because the disability pension funds in his account were just enough for his rent payment.  He could do nothing on his own to remedy the situation.  OWVA contacted his landlord made arrangements to pay three months rent, so he wouldn't have to worry about losing his house while in the hospital and treatment center. There were no other (veteran or otherwise) resources available to him, and without OWVA's help, he would be on the street today. SB 731A would have stopped the illegal garnishment from ever happening.

“This bill simply implements the policy and principle behind state and federal exemption laws by ensuring that protection is offered up front, at the bank account level, rather than requiring an expensive and delayed court hearing,” said Greg Warnock, the Executive Director of Oregon War Veterans Association.  “Current law already provides that creditors are not entitled to exempt funds, so banks and collection companies should not be fighting this legislation, if they already comply with the law.”

The Oregon War Veterans Association urges the Senate to support SB 731A to protect our veterans from further economic vulnerability without attacking creditors.

# # #

OWVA’s Priority Legislation Moves through the Legislature

Salem, Oregon – Today, the Senate unanimously approved a bill to protect servicemembers from violations of their rights under the federal Servicemembers Civil Relief Act (SCRA).  HB 2303 will allow servicemembers to effectively fight civil abuses by creditors.  The bill, which was drafted by members of the Oregon Bar Association, will make creditors responsible for damages and attorney fees to veterans if they violate the SCRA.

“Congress did not create the protections as something akin to a veterans benefit,” said Jesse Barton, Attorney at Law. “Congress created the protections for the primary purpose of providing for, strengthening, and expediting the national defense.  The provisions enable servicemembers to devote their entire energy to the defense needs of the nation without worrying about predator collectors.  Passing HB 2303 is a step in the right direction.”

Earlier this week, the Senate Committee on Education and General Government held a work session on Senate Bill 633, which urges the state government to withdraw funds invested in Iran.  Oregon seeks to be one of the first states to divest from this unstable country.  The bill gained strong support from both the committee and the State Treasurer, Ben Westlund.  The bill is expected to pass on the Senate Floor shortly.

“It’s time our state took a stance on Iran’s killing of our soldiers,” said Greg Warnock, the Executive Director of the Oregon War Veterans Association.  “SB 633 is not the legislation we sought out to pass, but it is a step that relieves some of the public pressure about doing the right thing for our combat troops.”

During the same committee meeting, Senate Bill 920, a bill that allows the Oregon National Guard Youth Challenge Program (OYCP) to receive State School Fund distribution, gained unanimous support and is now headed to the Senate Committee on Finance and Revenue for further review. 

The OYCP is a mentor active, cost free, drug free, coed, residential/post-residential program conducted at the Central Oregon Training and Education Facility (COTEF) in Bend, Oregon.  It is an “at-risk” youth program that targets unemployed and underemployed male and female teens ages 16 to 18 who have dropped out or are struggling with school.  The program’s mission is to provide work skills and alternative learning opportunities to meet the unique individual needs of students in order to increase positive behavioral and academic skills.

“SB 920 enjoyed unanimous support by the committee, and we are thankful to the members and Chair Hass for their insight on how great a program OYCP actually is,” said Greg Warnock, OWVA.  “This has been an exciting week and OWVA is thankful for its support from the legislature.”

# # #

OWVA Urges State Legislature to Support the Oregon Youth Challenge Program

OWVA Asks for a “Do Pass” Recommendation

Salem, Oregon – Today, the Senate Committee on Education and General Government will hold a public hearing and work session on Senate Bill 920, which allows the Oregon National Guard Youth Challenge Program (OYCP) to receive State School Fund distribution.  The OYCP is a mentor active, cost free, drug free, coed, residential/post-residential program conducted at the Central Oregon Training and Education Facility (COTEF) in Bend, Oregon.  It is an “at-risk” youth program that targets unemployed and underemployed male and female teens ages 16 to 18 that have dropped out or are struggling with school.  The program’s mission is to provide work skills and alternative learning opportunities to meet the unique individual needs of students in order to increase positive behavioral and academic skills.

“We realize that the legislature must deal with a faltering economy during one of the worst recessions this state has seen,” said Greg Warnock, the Executive Director of the Oregon War Veterans Association (OWVA).  “However, cutting the nation’s most successful program for “at risk” teens will not solve the problem.  It will make it worse.  In fact, that for every $1.00 dollar spent on the Oregon Youth Challenge Program, the State will receive $3.00 in matching Federal monies as of next year.  This is money our state must maintain. ”

The OYCP is the number one “at-risk” educational program in the nation and has successfully graduated over 3,000 students since 1994.   Over 80% of its graduates are successful post graduation and only 1% of its students have been detained in jail-a dramatically lower number than the “at-risk” teens who do not attend the program. 

Day after day, we hear legislators talk about the solution to Oregon’s economic recession being education.  In a year when education is a priority, diminishing the best academic program for “at-risk” teens is counterproductive.  Our teens and our state need this program.

“OWVA is heavily involved in the Oregon Youth Challenge Program in mentorship and fundraising “said Greg Warnock, the President of OWVA.  “In fact, one of my own sons is a successful graduate of OYCP.  OYCP is a very high priority for OWVA.  We will do whatever it takes to keep this program running.”

If SB 920 is passed out of committee with a “do pass” recommendation, it will head to Finance and Revenue for further consideration.

# # #

OWVA supports SB 731

On behalf of the directors, members and staff of Oregon War Veterans Association (OWVA), OWVA would like to voice its support for SB 731 to protect the vulnerability of Oregon War Veterans.  SB 731 will protect a basic minimum level of funds (proposed at $2,500) in accounts containing reasonably identifiable exempt direct deposits from garnishment.

Day after day, even more so during these tough economic times, veterans find themselves struggling to pay their bills.  Even more disheartening is when veterans lose their exempt funds.  Veterans often assume their money is safe when it is being directly deposited, when in reality the money can be garnished.  A garnishment often results in multiple bank overdraw fees merely adding to the pre-existing debt.  Some veterans that find themselves in this situation may choose to participate in the Claim of Exemption Process.  This process allows the person to go to court to fight the garnishment.  Unfortunately, when participating in the Claim of Exemption Process, the individual often ends up paying additional fees.  Time also becomes a factor as many people spend many weeks (sometimes months) without their exempt income. 

It is important to understand that exempt funds over the minimum level of protections may still be exempt from collection.  SB 731 states that the court must be the “first in, first out” method of accounting to determine which amounts are exempt from collection.  This is the most commonly used principle of accounting and will not be a difficult transition.

Finally, this bill is fair to creditors because creditors are not entitled to exempt funds.  If passed, SB 731 will allow creditors to avoid going through the garnishment and claim of exemption process. In addition, amounts over the minimum level will still be subject to garnishment, even if exempt.  And while the minimum level of automatic protection provided by the bill may, in some cases, protect some co-mingled non-exempt funds, the reality is that the majority of these vulnerable people do not have many non-exempt funds in their accounts. 

The Oregon War Veterans Association urges your support of SB 731 to protect our veterans from further economic vulnerability without attacking creditors. 

Prepared by Nellie deVries, Public Affairs Director of the Oregon War Veterans Association