OR Military Civil Rights Act draft (LC 2560)

OR

The following was submitted by Representative James Hieb on September 27, 2024, to the Oregon Legislative Counsel, to draft a bill in the proper legal language. Until it is introduced in the Oregon Legislative Assembly, it is a Legislative Concept (LC).

*UPDATE: Hieb was not reelected, so LC 2560 was DOA. Luckily, Senator Kim Thatcher picked it up, becoming LC 4669 and SB 1057

Here is the text of the draft Oregon Military Civil Rights Act.


Legislative Concept 2560

AN ACT

Relating to military civil rights. 

Be It Enacted by the People of the State of Oregon: 

SECTION 1. (1) The Department of Justice shall, in cooperation with an existing public body, develop: 

(a) Guidelines using the bill of rights described in subsection (2) of this section as a set of guiding principles for policy and procedure decisions that impact service members, military dependents, veterans, and their families; and 

(b) Policy and funding recommendations with partners that adhere to those guidelines. 

(2) The military civil rights described in this section must recognize that current and former military personnel and their family members possess certain essential rights regardless of branch, rank, or specialty, including but not limited to the following: 

(a) To receive the full benefits of citizenship enjoyed by all Americans and all advantages granted by their state of residence and equal protection under local, state, and federal law afforded to other protected classes. 

(b) To live free from bias, harassment, and discrimination in public accommodations, business transactions, healthcare, employment, and housing. 

(c ) To have meaningful regulatory and investigative standards against which to apply judicial review of local, state, and federal prosecutorial discretion in enforcing military civil rights. 

(d) To expect public agencies, commissions, and other advisory groups to reasonably and equally apply research, education, and advocacy resources to military civil rights. 

(e) To be included in diversity and equity measures in their local, state, and workplace resources and activities. 

(f) To have their personal privacy respected in regards to their military records and for all medals, awards, and badges to be reserved for wear by verifiable service members. 

(g) To not be judged, labeled or blamed for decisions made by their current or former Commander in Chief and other elected or appointed government officials. 

(h) To be represented with dignity in art, music, and other media to avoid harmful stereotypes and inaccurate caricatures arising from civilian bias. 

(i) To obtain remedy and relief from individuals or entities profiting off military experience, culture, or history without the employ of a qualified, class-representative advisor. 

(j) To have their documented military experience, training, and qualifications to be reasonably and accurately applied by landlords, employers, service providers, and college admissions personnel. 

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