HOUSE COMMITTEE ON
VETERANS' AFFAIRS
March 29, 2005 Hearing Room C
8:30 A.M. Tapes 48 - 50
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 2843 – Public Hearing
HB 2134 – Public Hearing
HB 2470 – Public Hearing
HB 2471 – Public Hearing
HB 3327 – Public Hearing
HB 2818 – Public Hearing
These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speaker’s exact words. For complete contents, please refer to the tapes.
TAPE/# |
Speaker |
Comments |
TAPE 48, A |
||
001 |
Chair Nelson |
Opens the meeting at 8:35 a.m. Opens a public hearing on HB 2843. |
HB 2843 - PUBLIC HEARING |
||
023 |
Jim Stembridge |
Committee Administrator. Explains HB 2843, which requires waiver of occupational and professional license, certificate, permit and registration fees for veterans. |
026 |
Jim Willis |
Director, Oregon Department of Veterans’ Affairs (ODVA). Speaks to the “laudable intent” and “unintended consequences” associated with the bill. |
044 |
Chair Nelson |
Speaks to the original intent of the bill and why it needs to be amended to reflect the change to the statutory definition of veteran in Oregon. |
064 |
Rep. Farr |
Confirms that the intention was to waive fees for just occupational and professional licenses. |
067 |
Chair Nelson |
Explains why no specific dates were set for applying for the waiver. |
089 |
Rep. Boquist |
States that the intent of the bill is “to get veterans up on their feet and functioning” as a piece of a larger employment package and asks what the “latitude” should be for applying for a license waiver. |
099 |
Willis |
Explains the challenge of determining the scope of eligibility for the waiver program, suggesting that the theaters of combat determine eligibility. |
125 |
Kevin O’Reilly |
Government Relations/Advocacy Director, Oregon Paralyzed Veterans’ of America. Testifies in support of HB 2843. |
150 |
Chair Nelson |
Verifies that there are not any particular types of professional or occupational licenses that paralyzed veterans require. |
162 |
Mac MacDonald |
Representative, Veterans’ Organizations. Testifies that HB 2843 is “too expensive for the State of Oregon,” suggesting that a veteran be limited to a one time only waiver. |
The following written testimony is submitted for the record without public testimony: |
||
|
Robin Freeman |
Legislative Liaison, Oregon Department of Transportation. Submits written testimony in opposition to HB 2843 (EXHIBIT A). |
177 |
Chair Nelson |
Closes the public hearing HB 2843. Opens a public hearing on HB 2134. |
HB 2134 – PUBLIC HEARING |
||
185 |
Jim Stembridge |
Committee Administrator. Explains HB 2134, which modifies employment rights of state employees on active state service. |
192 |
Colonel Mike Caldwell |
Deputy Director, Oregon Military Department. Testifies in support of HB 2134. |
242 |
Chair Nelson |
Asks if HB 2134 is funded in the Oregon Military Department budget. |
247 |
Caldwell |
Explains that state active duty commitments are not funded in the Oregon Military Department budget, but a soldier’s full-time position is funded by agency budget. |
276 |
Chair Nelson |
Verifies what is meant by base salary and what state employees qualify for protection under HB 2134. |
287 |
Chair Nelson |
Clarifies the meaning of the language about the continuation of sponsored health plan. |
309 |
Chair Nelson |
Cites language that could be considered discriminatory to some soldiers. |
331 |
Caldwell |
Verifies that any employee who works for any subdivision of the State of Oregon is considered a public employee and protected under HB 2134. |
340 |
Rep. Hunt |
Confirms that the bill would amend statute to include employment rights protection for state employees. |
360 |
Rep. Barnhart |
Points out that it clear that it applies only to state employees, but the question is whether it should apply to employees of any government subdivision in the state. |
370 |
Caldwell |
Explains why the Oregon Military Department asked for HB 2134 to be introduced and the statute regarding state employee rights’ be amended. |
378 |
Rep. Boquist |
Asks what protections are there for private employees called up for state duty and what percentages of private employees receive a supplemental salary from employers. |
388 |
Caldwell |
Speaks to what employment protections exist for public employees versus private employees. |
TAPE 49, A |
||
009 |
Chair Nelson |
Suggests a possible tax credit for private employers who supplement salaries and benefits for Oregon National Guard soldiers. |
017 |
Rep. Boquist |
Asks if state active duty pay is calculated from a rank or per day structure. |
023 |
Caldwell |
Explains the pay and benefit structure for Oregon National Guard soldiers. |
053 |
Rep. Komp |
Clarifies what the fiscal impact is for HB 2134. |
057 |
Caldwell |
Explains the challenge of determining what the fiscal impact would be when a state employee, in a funded agency position, is called up for duty, in an unfunded state military position. |
139 |
Chair Nelson |
Closes the public hearing on HB 2134. Opens a public hearing on HB 2470. |
HB 2470 – PUBLIC HEARING |
||
141 |
Jim Stembridge |
Committee Administrator. Explains HB 2470, which modifies requirements for public employers regarding continuation of leave benefits for public officers and employees on military leave. |
153 |
Chair Nelson |
Closes the public hearing on HB 2470. |
185 |
Chair Nelson |
Opens a public hearing on HB 2470 and HB 2471 |
HB 2470/HB 2471 – PUBLIC HEARINGS |
||
187 |
Rep. Mike Schaufler |
House District 28. Testifies in support of HB 2470 and HB 2471. |
239 |
Chair Nelson |
Speaks to concerns regarding the exclusion of private employees from the benefits of HB 2470 and HB 2471. |
250 |
Chair Nelson |
Points out several discrepancies in the language of HB 2470 that should be amended. |
287 |
Rep. Bruun |
Asks if HB 2470 and HB 2471 are applicable to all public employees or just State of Oregon employees. |
294 |
Rep. Schaufler |
Affirms that the intent is for all public employees, not just those in Oregon. |
308 |
Chair Nelson |
Raises the question of whether HB 2470 and HB 2471 should be retroactive to military conflicts before the Afghan-Iraqi conflicts. |
320 |
Rep. Farr |
Asks whether the fifteen days of leave per year is designed to cover annual training or the pre-deployment training of a National Guard or Reserve soldier. |
361 |
Colonel Mike Caldwell |
Deputy Director, Oregon Military Department. Clarifies current law which allows for fifteen days of military leave and discusses the dispute regarding the meaning of annual training. |
402 |
Chair Nelson |
Asks why HB 2470 limits a soldier to one year of hospitalization. |
TAPE 48, B |
||
004 |
Caldwell |
Points out that the language relating to a one year limit on hospitalization is “old language” and “pretty meaningless in the big picture” because it does not reflect how the system of medical care currently operates. |
030 |
Chair Nelson |
Questions whether or not this should be made retroactive. |
034 |
Caldwell |
Explains the protection afforded to National Guard and Reserve soldiers by the Uniform Services Employment/Reemployment Rights Act 1994 (USERA). |
070 |
Chair Nelson |
Explains the protections given to military personnel by USERA. |
116 |
John Powell |
Representative, Oregon State Sheriff’s Association (OSSA). Testifies that HB 2470 needs to clarify the applicability of the language regarding the accrual of vacation and sick leave. |
146 |
Powell |
Questions whether HB 2471 provides fifteen days leave in addition to the two weeks already authorized. |
153 |
Rep. Boquist |
Agrees that the language in HB 2471could be interpreted to mean that a soldier would receive an additional fifteen days of leave, in addition to the two weeks already authorized. |
170 |
Michelle Deister |
Senior Staff Associate, League of Oregon Cities. Testifies in opposition to HB 2470. |
216 |
Chair Nelson |
Asks about possible amendment that would make HB 2471 acceptable to the League of Oregon Cities. |
219 |
Deister |
States that it would likely be more acceptable if cities were given some additional funds so that it is not an entirely unfunded mandate for local governments. |
231 |
Rep. Farr |
Asks if League of Oregon Cities would support HB 2471 if it applied only to Oregon National Guard soldiers called up on active duty. |
240 |
Rep. Boquist |
Explains that many collective bargaining agreements already cover the fifteen days of annual training. |
258 |
Rep. Farr |
Asks if League of Oregon Cities would support HB 2470 if it applied only to Oregon National Guard soldiers on active duty because typical length of duty is eighteen months. |
265 |
Deister |
Explains how restricting applicability to Oregon National Guard soldiers could still impose financial hardships on cities. |
281 |
Rep. Boquist |
Explains the difference in the potential fiscal impact of covering active duty soldiers versus drilling Reservists. |
301 |
Deister |
Comments on the “do diligence” of personnel offices throughout the state to adhere to all the provisions of USERA. |
322 |
Jason Leon |
Political Coordinator, Oregon AFSCME Council 75. Submits and summarizes written testimony in support of HB 2470 (EXHIBIT B). |
363 |
Rep. Farr |
Comments on the need to amend HB 2470. |
383 |
Mary Botkin |
Political Coordinator, Oregon AFSCME Council 75. Speaks to the intent of Oregon AFSCME Council 75 to prevent returning soldiers from losing seniority or employee status and ensuring employers abide by collective bargaining agreements. |
TAPE 49, B |
||
060 |
Rep. Boquist |
Comments on the continued lack of clarity regarding the intent of HB 2471. |
071 |
Botkin |
Explains that the intention of HB 2471 is to protect employees, covered by collective bargaining agreements, from having to use vacation time to meet training requirements by identifying under law an additional number of days for training not under the employee’s discretion. |
110 |
Chair Nelson |
Asks what the training requirement is for Oregon National Guard and Reserve soldiers. |
112 |
Caldwell |
Explains what the training requirements are for Oregon National Guard and Reserve soldiers. |
126 |
Rep. Farr |
Speaks to the original intent of the HB 2471. |
140 |
Caldwell |
Explains the difference between pre-deployment train-up and annual training and that the intent of HB 2471 is to prevent penalizing soldiers who are going to pre-mobilization training, not annual training. |
176 |
Botkin |
Points out that Oregon AFSCME is “trying to make sure that all training needs are being met under the law.” |
188 |
Caldwell |
Comments on how current military circumstances have resulted in National Guard and Reserve soldiers being deployed for indeterminate periods of time and under these circumstance, if HB 2471 is read literally, it does provide an additional 15 days leave. |
203 |
Chair Nelson |
Reiterates the need to provide assistance to employees who are in private enterprise. |
217 |
Botkin |
Suggests an amendment to HB 2470 to eliminate concern regarding one year time limit on hospitalization. |
242 |
Chair Nelson |
Closes the public hearing on HB 2470 and HB 2471. Opens a public hearing on HB 3327. |
HB 3327 – PUBLIC HEARING |
||
261 |
Jim Stembridge |
Committee Administrator. Explains HB 3327, which provides tax credit for employers who hire veterans of United States military. |
265 |
Chair Nelson |
Closes the public hearing on 3327. Opens the public hearing on HB 2818. |
HB 2818 – PUBLIC HEARING |
||
275 |
Jim Stembridge |
Committee Administrator. Explains HB 2818, which requires the Employment Department to refer unemployment insurance recipient who is spouse or dependent of individual deployed on active military duty to JOBS Plus Program job before referring other unemployment insurance recipients to program job. |
278 |
Tim Nesbitt |
President, Oregon AFL-CIO. Testifies in opposition of HB 2818. |
324 |
Chair Nelson |
Asks why Oregon AFL-CIO has a problem providing assistance to the spouses and dependents of deployed soldiers. |
346 |
Nesbitt |
Explains how job referrals could run counter to purpose of JOBS Plus Program and to the financial health of the family. |
368 |
Rep. Farr |
Asks if the JOBS Plus Program “kicks in” after unemployment benefits expire and what are considered to be low wages. |
375 |
Nesbitt |
Considers anything under nine or ten dollars per hour a low wage job. |
387 |
Rep. Farr |
Questions whether it would still be considered low wage employment if an individual earned eight dollars at a JOBS Plus jobs instead of seven dollars per hour at non-JOBS Plus position. |
394 |
Greg Hickman |
Deputy Director, Oregon Employment Department. |
402 |
Rep. Farr |
Restates question regarding the purpose of JOBS Plus Program. |
TAPE 50, A |
||
001 |
Hickman |
Explains the purpose, target, and eligibility qualifications for JOBS Plus Program. |
010 |
Chair Nelson |
Asks why the spouse of a deployed soldier could not be “given top priority” for a JOBS Plus job referral if the family is in “critical, bad shape.” |
028 |
Hickman |
Explains that all individuals eligible for JOBS Plus Program have access to all JOBS Plus referral listing. |
047 |
Chair Nelson |
Asks what can be done so that the OED will “give these military families priority treatment.” |
054 |
Hickman |
Speaks to the potential consequences for OED and all JOBS Plus Program participants of HB 2818. Submits written testimony on behalf of Gwyn Harvey in opposition to HB 2818 (EXHIBIT C). |
085 |
Nesbitt |
Clarifies the concerns of Oregon AFL-CIO and OED regarding HB 2818. |
104 |
Chair Nelson |
Expresses the need to provide financial support and protect all soldiers and their families. |
153 |
Rep. Hunt |
Speaks to the potential consequences of HB 2818, in particular, how using job referrals in this matter could negatively impact those people who are most likely to exhaust unemployment benefits. |
179 |
Tamara Brickman |
Legislative Coordinator, OED. Points out that the JOBS Plus Program already has identified and referred out spouses and family members of deployed military personnel. |
189 |
Rep. Boquist |
Concurs that HB 2818 could have unintended consequences for all parties involved and that the best option could be to create a priority category for families within the Oregon Department of Veterans’ Affairs. |
206 |
Rep. Farr |
Asks if an individual who has exhausted unemployment benefits can still participate in JOBS Plus Program. |
211 |
Hickman |
States that an individual would not be eligible for JOBS Plus Program if they have exhausted benefits. |
220 |
Chair Nelson |
Asks if the issue is because military does not pay taxes. |
224 |
Hickman |
States that the OED objection to HB 2818 is not because the military does not pay because both the state and federal government are considered reimbursing employers. |
243 |
Chair Nelson |
Comments about importance of having a job. |
257 |
Chair Nelson |
Closes the public hearing on HB 2818. Adjourns the meeting at 10:44 a.m. |
EXHIBIT SUMMARY
The following written testimony is submitted for the record without public testimony: