HOUSE COMMITTEE ON
VETERANS' AFFAIRS
March 31, 2005 Hearing Room C
8:30 A.M. & 3:00 P.M. Tapes 51 - 54
MEMBERS PRESENT: Rep. Donna Nelson, Chair
Rep. Phil Barnhart, Vice-Chair
Rep. Debi Farr, Vice-Chair
Rep. Brian Boquist
Rep. Dave Hunt
Rep. Betty Komp
MEMBER EXCUSED: Rep. Scott Bruun
STAFF PRESENT: Jim Stembridge, Committee Administrator
Erin Seiler, Committee Assistant
MEASURES/ISSUES HEARD:
HB 3332 – Public Hearing
HJR 34 – Public Hearing
HB 2437 – Work Session
HB 2687 – Work Session
HJM 2 – Public Hearing
HB 3103 – 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 51, A |
||
002 |
Chair Nelson |
Opens the meeting at 8:41 a.m. Discusses upcoming events honoring the returning Oregon National Guard soldiers. |
289 |
Chair Nelson |
Recesses the meeting at 9:00 a.m. |
290 |
Chair Nelson |
Reconvenes the meeting at 9:05 a.m. |
333 |
Chair Nelson |
Opens a public hearing on HB 3332. |
HB 3332 – PUBLIC HEARING |
||
370 |
Jim Stembridge |
Committee Administrator. Explains HB 3332, which authorizes Public Employees’ Benefit Board to offer high deductible health benefit plan to members of Oregon National Guard and dependents of members without health insurance coverage. Submits and summarizes -1 amendments (EXHIBIT A). |
380 |
Rep. Jeff Kropf |
House District 17. Submits and summarizes written testimony in support of HB 3332 (EXHIBIT B). |
TAPE 52, A |
||
121 |
Chair Nelson |
Addresses several amendments that need to be drafted to correct language relating to the effective date of health benefits coverage. |
177 |
Rep. Kropf |
Restates the intent of HB 3332 is to extend health and dental benefits to soldiers after demobilization. |
191 |
Chair Nelson |
Asks if mental health parity could be included as a part of a health benefits package. |
204 |
Rep. Kropf |
States that the benefits are for Oregon National Guard soldiers regardless of mobilization status. |
233 |
Rep. Barnhart |
Confirms the intent of HB 3332. |
243 |
Colonel Mike Caldwell |
Deputy Director, Oregon Military Department (OMD). Explains why Oregon National Guard members are not part of the state health care system and addresses efforts by the federal government to extend health care and dental coverage for National Guard soldiers. |
316 |
Caldwell |
Explains why the OMD does not officially support HB 3332. |
325 |
Chair Nelson |
Verifies that Oregon National Guard soldiers are not part of the Public Employees Retirements System (PERS). |
338 |
Rep. Boquist |
Speaks to recent action by the Department of Defense to pass and fund a subsidy program extending TRICARE health benefits up to eight years for Reserve soldiers. |
386 |
Rep. Kropf |
Comments on efforts to include the Oregon Reservists in as many pieces of legislation as possible. |
TAPE 51, B |
||
012 |
Rep. Kropf |
Comments on ability to save money using high deductible health saving accounts. |
039 |
Rep. Barnhart |
Verifies that HB 3332 has the appropriate relating cause. |
048 |
Rep. Kropf |
Points out how offering health benefits would be a “powerful tool” for retention and recruitment of Oregon National Guard soldiers. |
080 |
Chair Nelson |
Asks if the adjutant general has an insurance policy. |
082 |
Caldwell |
Confirms that the adjutant general does have an insurance policy and identifies the number of OMD employees who are state or federally employed. |
140 |
Caldwell |
Speaks to the positive work of the committee, cautioning that the fiscal reality of the state cannot be forgotten and efforts need to focus on what can realistically be done. |
187 |
Rep. Hunt |
Asks why Public Employee Benefits Board (PEBB) has requested not to be the administrative body for the health benefit program. |
200 |
Rep. Kropf |
Explains why the PEBB has asked not to administrate the health benefit program. |
229 |
Rep. Hunt |
Asks why a two-to -one cost-sharing ratio would be appropriate. |
235 |
Rep. Kropf |
Explains why a two-to-one cost-sharing ratio was chosen for the health care benefit plan. |
262 |
Rep. Kropf |
Comments on experience meeting with Oregon National Guard soldiers in Iraq. |
304 |
Chair Nelson |
Closes the public hearing on HB 3332. Opens a public hearing on HJR 34. |
HJR 34 – PUBLIC HEARING |
||
330 |
Jim Stembridge |
Committee Administrator. Explains HJR 34, which proposes amendment to Oregon Constitution dedicating portion of net proceeds of State Lottery for services for Oregon veterans. |
337 |
John Lindsay |
Commissioner, Linn County. Testifies in support of HJR 34. |
380 |
Lindsay |
Identifies the need to provide veterans with health benefits and services. |
TAPE 52, B |
||
047 |
Lindsay |
Speaks to the language of HJR 34 relating to County Veterans’ Service Officers. |
137 |
Jim Willis |
Director, Oregon Department of Veterans’ Affairs (ODVA). Testifies in support of HJR 34. |
164 |
Willis |
Speaks to the quality of work of County Veterans’ Service Officers and what could be accomplished if Officers were properly funded. |
181 |
Willis |
Identifies how HJR 34 reflects all the work being done on behalf of veterans, Oregon National Guard and Reserve soldiers, and their families. |
209 |
Chair Nelson |
Speaks to the amount of available lottery funds. |
284 |
Chair Nelson |
Asks why a 1 percent funding diversion was deemed adequate. |
290 |
Lindsay |
Explains how and why the one percent funding rate was determined. |
336 |
Lindsay |
Identifies how a lottery fund diversion could be used to supplement other benefits for veterans. |
347 |
Chair Nelson |
States interest in including seniors, spouses, and disabled persons as beneficiaries of program funds. |
374 |
Lindsay |
Affirms support for this suggestion, noting that any amendment language would need to be very specific to prevent abuse of monies. |
TAPE 53, A |
||
001 |
Chair Nelson |
Asks what amount of money is adequate to accomplish the goals set forth in HJR 34. |
008 |
Rep. Boquist |
Explains how source of funding was chosen to prevent diverting monies for other programs funded by Oregon Lottery dollars. |
050 |
Rep. Hunt |
Expresses concern about the long-term stability of lottery monies and ask whether sponsors would be willing to insert language relating to employment, education, and training. |
The following written testimony is submitted for the record without public testimony: |
||
|
Patricia Farrell |
Chair, Yamhill Basin Council. Submits written testimony in opposition to HJR 34 (EXHIBIT C). |
|
Tim Wood |
Director, Oregon Parks and Recreation Department. Submits written testimony in opposition to HJR 34 (EXHIBIT D). |
|
Allison Hensey |
Legislative Coordinator, Oregon Watershed Enhancement Board (OWEB). Submits written testimony about the fiscal impact of HJR 34 for OWEB (EXHIBIT E). |
140 |
Chair Nelson |
Closes the public hearing on HJR 34. Recesses the meeting at 10:47 a.m. |
141 |
Chair Nelson |
Reconvenes the meeting at 3:09 p.m. Opens a work session on HB 2437. |
HB 2437 – WORK SESSION |
||
146 |
Jim Stembridge |
Committee Administrator. Explains HB 2437, which removes certain limitations on eligibility for educational aid for veterans. Submits and summarizes –1 amendments (EXHIBIT F). Submits and summarizes –2 amendments (EXHIBIT G). Submits and summarizes –3 amendments (EXHIBIT H). |
176 |
Chair Nelson |
Verifies that there are currently ten veterans utilizing the Oregon Education Aid for Veterans Program. |
192 |
Val Conley |
Veterans’ Services Division Administrator, Oregon Department of Veterans Affairs (ODVA). Explains how language in the law prevents a veteran from utilizing both state and Federal Veterans’ Administration Educational Entitlement funds. |
206 |
Chair Nelson |
Asks for information about the eligibility and home-of-record criteria for utilizing educational program. |
226 |
Conley |
Confirms eligibility criteria for educational assistance from ODVA and how the ODVA defines home-of-record for veterans. |
234 |
Rep. Farr |
Verifies the qualifications for veterans’ educational aid in other states. |
261 |
Rep. Boquist |
Points out that there are “around 20 states” that provide free college education for veterans. |
272 |
Rep. Komp |
Speaks in support of the current language of HB 2437. |
291 |
Rep. Hunt |
Asks for clarification on -1 amendments and the staff measure summary. |
301 |
Chair Nelson |
Clarifies the language in –1 amendments relating amount of financial assistance a veteran would receive per year. |
323 |
Rep. Farr |
MOTION: Moves to ADOPT HB 2437-1 amendments dated 02/14/05. |
328 |
|
VOTE: 6-0-1 EXCUSED: 1 - Bruun |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
333 |
Rep. Farr |
MOTION: Moves to ADOPT HB 2437-2 amendments dated 02/14/05. |
342 |
|
VOTE: 6-0-1 EXCUSED: 1 - Bruun |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
346 |
Rep. Farr |
MOTION: Moves to ADOPT HB 2437-3 amendments dated 02/28/05. |
351 |
|
VOTE: 6-0-1 EXCUSED: 1 - Bruun |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
354 |
Rep. Farr |
MOTION: Moves HB 2437 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.
|
|
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Bruun |
|
Chair Nelson |
The motion CARRIES. |
377 |
Chair Nelson |
Closes the work session on HB 2437. Opens a work session on HB 2687. |
HB 2687 – WORK SESSION |
||
378 |
Jim Stembridge |
Committee Administrator. Explains HB 2687, which modifies definition of “veteran” for certain purposes. Submits and summarizes –1 amendments (EXHIBIT I). Submits and summarizes –2 amendments (EXHIBIT J). |
TAPE 54, A |
||
001 |
Chair Nelson |
Clarifies the language of -1 amendments and -2 amendments and reads from HB 2687. |
039 |
Rep. Boquist |
Explains the different types of military discharge. |
060 |
Mac MacDonald |
Representative, Veterans’ Organizations. States that he only knows about honorable and dishonorable discharges. |
074 |
Rep. Boquist |
States that there is no longer administrative discharge and list the types of discharges. |
090 |
Rep. Barnhart |
Asks what conditions would result in a person being discharged as something other than honorable. |
097 |
Colonel Mike Caldwell |
Deputy Director, Oregon Military Department (OMD). Addresses the concern of fraudulent enlistments and why an individual would not receive an honorable discharge from the military. |
123 |
Rep. Boquist |
States that currently most soldiers receive general discharge, which is not honorable, but not necessarily dishonorable. |
131 |
Rep. Barnhart |
Concurs with Rep. Boquist. |
140 |
Rep. Boquist |
States that the appropriate language relating to veterans’ status would be “honorable conditions.” |
151 |
Caldwell |
Explains why the appropriate language relating to military discharge would be “discourage under honorable conditions.” |
154 |
Rep. Hunt |
Confirms that the terminology of “discourage under honorable conditions” would be the most inclusive language for defining who qualifies for veteran status. |
157 |
Caldwell |
States that the current terminology can work. |
171 |
Rep. Barnhart |
Recommends -2 amendments. |
180 |
Rep. Barnhart |
MOTION: Moves to ADOPT HB 2687-2 amendments dated 03/28/05. |
186 |
|
VOTE: 5-0-2 EXCUSED: 2 - Bruun, Farr |
|
Chair Nelson |
Hearing no objection, declares the motion CARRIED. |
188 |
Rep. Barnhart |
MOTION: Moves HB 687 to the floor with a DO PASS AS AMENDED recommendation |
194 |
|
VOTE: 5-0-2 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Bruun, Farr |
|
Chair Nelson |
The motion CARRIES. REP. BOQUIST will lead discussion on the floor. |
209 |
Chair Nelson |
Closes the work session on HB 2687. Opens the public hearing on HJM 2. |
HJM 2 – PUBLIC HEARING |
||
216 |
Jim Stembridge |
Committee Administrator. Explains HJM 2, which urges Congress to introduce and pass legislation to allow veterans in Oregon to receive health care from health care facilities other than Department of Veteran’s Affairs health care facilities. |
219 |
Rep. Donna Nelson |
House District 24. Testifies in support of HJM 2. |
280 |
Rep. Hunt |
Points out need to amend HJM 2 if the intent is for veterans to be able to access both Veterans’ Affairs medical facilities and non-Veterans’ Affairs medical facilities. |
290 |
Chair Nelson |
Agrees that the intent of HJM 2 is to allow veterans to have access to all medical facilities. |
304 |
Vice-Chair Barnhart |
Closes the public hearing on HJM 2. |
308 |
Chair Nelson |
Opens a public hearing on HB 3103. |
HB 3103 – PUBLIC HEARING |
||
310 |
Jim Stembridge |
Committee Administrator. Explains HB 3103, which allows State Fish and Wildlife Commission to issue hunting and angling licenses at no charge to members and recent retirees of Oregon National Guard and military reserves, members of armed forces on active federal duty and recent retirees from active federal duty. Submits fiscal statement on HB 3103 (EXHIBIT K). |
347 |
Colonel Mike Caldwell |
Deputy Director, Oregon Military Department (OMD). Speaks to the fiscal impact of HB 3103 and the budget allocation by Governor Kulongoski in the 2005-07 Governor’s Budget. |
418 |
Chair Nelson |
Questions the appropriateness of limiting participation to federal active duty soldiers. |
425 |
Rep. Boquist |
Explains that Oregon National Guard soldiers, active duty soldiers, and Military Reserve soldiers would all be eligible for free licenses. |
TAPE 53, B |
||
011 |
Rep. Boquist |
Clarifies the fiscal statement. |
017 |
Chair Nelson |
Asks what is meant by “active federal duty requirement.” |
021 |
Caldwell |
Explains that active federal duty would mean that a soldier is no longer in Oregon. |
033 |
Rep. Barnhart |
Clarifies that there are three categories of soldiers who qualify for a free hunting or fishing licenses in Oregon. |
040 |
Chair Nelson |
States that HB 3103 has the potential to be too broad in its application because it does apply to any soldier in the United States. |
|
Val Conley |
Veterans’ Services Division Administrator, Oregon Department of Veterans Affairs (ODVA). Explains that Oregon States Statues require that a veteran have a service-connected disability rating of 30 percent or above to be entitled to a free hunting or fishing license. |
086 |
Rep. Boquist |
Points out the differences between the fiscal impact statement from Legislative Fiscal and the Governor’s budget. |
109 |
Kris Kautz |
Deputy Director for Administration, Oregon Department of Fish and Wildlife Program. Submits and summarizes written testimony on the budgetary impact of HB 3103 (EXHIBIT L). |
136 |
Rep. Boquist |
States that the intent is not to take revenue from the Oregon Department of Fish and Wildlife and that the funds need to be fought for “down in Ways and Means.” |
142 |
Kautz |
Points out that OMD has set aside money to reimburse veterans who purchase hunting or fishing licenses. |
150 |
Rep. Boquist |
Explains the administrative process of the hunting and fishing license program. |
171 |
Chair Nelson |
Closes the public hearing on HB 3103. Adjourns the meeting at 4:07 p.m. |
EXHIBIT SUMMARY
The following written testimony is submitted for the record without public testimony: