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Committee hears public testimony on bill allowing ODVA rulemaking for unclaimed veterans' cremains
Summary
House Bill 2,386 would authorize the Oregon Department of Veterans Affairs to adopt administrative rules to implement existing law governing unclaimed cremated remains of veterans and certain eligible family members, Rep. Dacia Graber told the Senate committee on March 6.
House Bill 2,386 would authorize the Oregon Department of Veterans Affairs to adopt administrative rules to implement existing law governing unclaimed cremated remains of veterans and certain eligible family members, Rep. Dacia Graber told the Senate Committee on Veterans, Emergency Management, Federal and World Affairs on March 6.
The bill is a technical fix to allow the department to complete rulemaking required to carry out the veterans cremains law passed in prior sessions. "This bill ... authorizes ODVA to adopt administrative rules to carry out the laws on unclaimed remains of veterans and their family members," Graber said, noting the proposal does not change the substantive policy established by earlier legislation known as the Veterans Cremains Bill (House Bill 2147).
Why it matters: Supporters said the 2021–2023 effort that produced the original cremains statute provided a basic organizational system and responsibility paths for counties and veteran service offices but left the Department of Veterans Affairs without explicit rulemaking authority. Graber said the department and county veteran services have prepared draft rules but cannot post or finalize them without the statutory authority in HB 2,386.
Testimony and concerns: Retired Master Sergeant Laurie Kimmel testified in support but urged clearer language about who will draft rules. "I am in support of this bill, but, I feel it lacks transparency," Kimmel said, asking whether the director, a committee, or staff would draft the rules and suggesting a small wording change in Section 2 to identify the responsible drafter.
Graber replied that ODVA has already drafted the rules in partnership with counties and county veteran service officers, and that the issue is a procedural barrier involving the Department of Justice. She said she would follow up with specifics on which ODVA staff or office will lead drafting. Senator Bart Smith also praised Graber's leadership and recalled the Douglas County discoveries that prompted the original legislation.
Background and next steps: Graber told the committee this is a technical bill with no fiscal impact reported and that it passed its House committee and the House floor unanimously. The committee held the public hearing; no committee vote was recorded during the session.
Clarifying detail: Representatives and witnesses said the rule text has been drafted in coordination with counties and the Oregon Mortuary and Cremains Board but could not be posted without the statutory fix; the precise ODVA staff member to lead drafting was not specified on the record and Graber offered to provide that information later.
The committee closed public testimony on HB 2,386 without taking a vote; the bill will return for scheduling at a subsequent work session.
