HOUSE COMMITTEE ON

VETERANS' AFFAIRS

 

 

February 1, 2005   Hearing Room C

8:30 A.M.  Tapes 12 - 14

(corrected 07/28/05)

MEMBERS PRESENT:            Rep. Donna Nelson, Chair

Rep. Phil Barnhart, Vice-Chair

Rep. Debi Farr, Vice-Chair

Rep. Brian Boquist

Rep. Scott Bruun

Rep. Dave Hunt

Rep. Betty Komp

 

STAFF PRESENT:                  Jim Stembridge, Committee Administrator

Erin Seiler, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                              HB 2135 – Public Hearing and Work Session

                                              HB 2136 – Public Hearing and Work Session

                                              Veterans’ Issues – Informational Meeting         

                                                     

 

TAPE/#	Speaker	Comments
TAPE 12, A
001	Chair Nelson	Opens the meeting at 8:31 a.m. Acknowledges veterans in the attendance.
029	Chair Nelson	Opens a public hearing on HB 2135.
HB 2135 - PUBLIC HEARING
030	Jim Stembridge	Committee Administrator. Explains HB 2135, which extends certain benefits to members of Oregon National Guard serving under Title 10 of United States Code.
050	Colonel Mike Caldwell	Deputy Director, Oregon Military Department. Submits and summarizes written testimony in support of HB 2135 (EXHIBIT A).
071	Chair Nelson	Closes the public hearing on HB 2135. Opens a work session on HB 2135.
HB 2135 – WORK SESSION
080	Rep. Barnhart	MOTION:  Moves HB 2135 to the floor with a DO PASS recommendation.
083	Rep. Barnhart	Speaks in strong support of HB 2135.
099	Rep. Boquist	Verifies that HB 2135 brings state statutes into exact compliance with federal statutes.
117	Chair Nelson	Addresses the importance of ensuring that all Oregon National Guard soldiers have access to benefits.
140		VOTE:  7-0-0 AYE:           In a roll call vote, all members present vote Aye.
	Chair Nelson	The motion CARRIES. REP. NELSON will lead discussion on the floor.
149	Chair Nelson	Closes the work session on HB 2135. Opens a public hearing on HB 2136.
HB 2136 - PUBLIC HEARING
152	Jim Stembridge	Committee Administrator. Explains HB 2136, which revises provisions relating to Oregon militia.
165	Colonel Mike Caldwell	Deputy Director, Oregon Military Department (OMD). Submits and summarizes written testimony in support of HB 2136 (EXHIBIT B).
193	Caldwell	Explains the purpose of HB 2136 is to update State Code in an effort to maintain consistency with the federal Uniformed Code of Military Justice.
235	Caldwell	Reviews the key components of the bill, noting that it authorizes the OMD to make regulations that govern “our actions and behaviors.”
285	Rep. Barnhart	Asks if any of the changes have substantive value that need to be fixed by this committee or by the Judiciary Committee.
294	Caldwell	Points out that the changes are minor and the major purpose of the bill is to provide clarification regarding the application of federal rules.
328	Rep. Barnhart	Comments that having two different sets of rules governing the deployment status of soldiers does not make sense. Asks who is responsible for the costs of holding a person in county jail.
342	Caldwell	Responds that he has never had anybody locked up.
361	Major Mark Ronning	State Judge Advocate, OMD. Explains why the threat of jail is hollow.
TAPE 13, A
020	Rep. Bruun	Expresses concern as to a provision in the bill regarding wearing military uniforms. Asks if it is aimed at members of the militia or anybody wearing a uniform.
032	Caldwell	Explains that the “key” of the statute is whether the individual is wearing an official uniform.
057	Rep. Bruun	Verifies that it would be a violation when a person attempts to misrepresent oneself as active in the military or having achieved a status within the military that does not truly represent the situation.
061	Caldwell	Stresses that this law is intended to apply to a person who purposefully tries to mislead someone else in an official capacity.
071	Ronning	Clarifies that HB 2136 gives local law enforcement officials that authority to prevent people who are not authorized from wearing an official uniform.
084	Rep. Bruun	Restates concern that a “kid in college” who, though, wearing a uniform, does so without the intention of misleading someone in an official capacity.
095	Rep. Barnhart	Questions if it really would be a violation for a soldier who is legally authorized to wear an official uniform to appear before a legislative body without authorization from superiors.
106	Caldwell	Explains why a person not authorized, by law or regulation, may not wear any official uniform.
110	Rep. Barnhart	Cites a possible exception to the rule.
117	Ronning	Confirms that there could be an exception to the rule. Discusses the ability of the Oregon National Guard to rectify the impair behavior of a soldier while in uniform.
125	Rep. Boquist	Asks for a background summary of the bill.
138	Ronning	Summarizes the history, development, and purpose of  HB 2136
202	Chair Nelson	Closes the public hearing on HB 2136. Opens a work session on HB 2136.
HB 2136 - WORK SESSION
207	Rep. Farr	MOTION:  Moves HB 2136 to Judiciary with a DO PASS recommendation.
212	Rep. Barnhart	Expresses concern about the penalty for the unauthorized wearing of an official military uniform being a class B misdemeanor.
235		VOTE:  7-0-0 AYE:            In a roll call vote, all members present vote Aye.
	Chair Nelson	The motion CARRIES.
241	Chair Nelson	Closes the work session on HB 2136. Opens an informational meeting on Veterans’ Issues.
VETERANS’ ISSUES - INFORMATIONAL MEETING
252	Jim Willis	Director, Oregon Department of Veterans’ Affairs (ODVA). Discusses the Veterans’ Home Loan Program.
300	Willis	Explains the eligibility criteria for home loan and the current number of veterans eligible for a home loan from ODVA.
350	Willis	Identifies the federal laws that limits eligibility to specific veterans and restricts ODVA ability to make funds available for loans.
385	Rep. Barnhart	Asks how limited are the funds for the Veterans’ Home Loan Program and how the program is doing as a business enterprise.
400	Willis	Explains the long-term viability of the Veterans’ Home Loan Program.
TAPE 14, A
027	Willis	Addresses the ability of ODVA to meet current demand for home loans and the effect of fluctuations in the interest rate on demand for loans.
110	Willis	Responds to concerns regarding the future of the Veterans’ Home Loan Program if the Federal Tax Code is not revised.
145	Rep. Boquist	Asks how changing the definition of veteran would impact eligibility for home loan.
151	Willis	Discusses how changing Oregon’s definition of a veteran effects eligibility for a home loan.
200	Rep. Boquist	Asks if changing the definition of veteran increases eligibility.
216	Willis	Replies that changing the definition of a veteran in Oregon would not increase access to federal benefits because they are tied to the federal definition of a veteran.
259	Willis	Addresses concern about the distance that veterans have to travel for healthcare services and the need to allow veterans to access healthcare in their own local area.
327	Chair  Farr	Closes the informational meeting on veterans’ issues. Adjourns the meeting at 9:48 a.m.

           

 

EXHIBIT SUMMARY

1. HB 2135, written testimony, Colonel Mike Caldwell, 1 pp
2. HB 2136, written testimony, Colonel Mike Caldwell, 3 pp