HOUSE COMMITTEE ON

VETERANS' AFFAIRS

 

 

May 4, 2005 Hearing Room E

3:30 P.M.  Tapes 88 - 90

Corrected 10/17/05

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 2677 – Work Session

HB 2700 – Public Hearing and Work Session

HB 2737 – Work Session

HB 2843 – Work Session

HB 2847 – Work Session

HB 2933 – Work Session

HB 2945 – Work Session

HB 3096 – Work Session

HJR 47- Work Session

HB 3325 – Work Session

HJM 14 –Work Session

HJM 18 – Work Session

HJM 31 – Work Session

 

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 88, A

002

Chair Nelson

Opens the meeting at 3:38 p.m. Opens the work session on HB 2677.

HB 2677 – WORK SESSION

035

Jim Stembridge

Committee Administrator. Explains HB 2677, which creates Oregon National Guard Life Insurance Reimbursement Program and Oregon National Guard Life Insurance Reimbursement Program Fund. Submits and summarizes -1 amendments (EXHIBIT A). Submits and summarizes -2 amendments (EXHIBIT B). Submits and summarizes -3 amendments (EXHIBIT C).

077

Mac Macdonald

Representative, Veterans’ Organization. Questions why Oregon Reservists are excluded from participating in life insurance program.

089

Colonel Mike Caldwell

Deputy Director, Oregon Military Department (OMD). Explains why it would be difficult for OMD to administer program for Reservists.

101

Rep. Hunt

Verifies that the pending federal supplemental program would include all military soldiers. 

105

Caldwell

Reiterates the difficulties of including members of the military who are outside the purview of the OMD.  

114

Rep. Hunt

Clarifies that the fiscal statement is based only on the life insurance coverage of Oregon National Guard soldiers.

122

Rep. Farr

MOTION:  Moves to ADOPT HB 2677-3 amendments dated 05/02/05.

 

 

VOTE:  7-0-0

 

Chair Nelson

Hearing no objection, declares the motion CARRIED.

124

Rep. Farr

MOTION:  Moves HB 2677 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

 

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Nelson

The motion CARRIES.

137

Chair Nelson

Closes the work session on HB 2677. Opens a public hearing and work session on HB 2700.

HB 2700  - PUBLIC HEARING AND WORK SESSION

146

Jim Stembridge

Committee Administrator. Explains HB 2700, which directs Director of Veterans’ Affairs to establish Veterans’ Service Officer Expansion Program. Submits and summarizes -3 amendments (EXHIBIT D). Submits and summarizes -4 amendments (EXHIBIT E). Submits and summarizes -5 amendments (EXHIBIT F). Submits and summarizes   -6 amendments (EXHIBIT G).

189

Douglass T. MacEllven

Representative, Washington County Aging and Veteran Services. Submits information packet in support of HB 2700 which includes the written testimony of Jeff Hill, County Veterans’ Service Officers Accreditation and Training report, and County Veterans’ Service Officers Quarterly Report on Activities (EXHIBIT H).

191

Joseph J. Reiley

County Veteran Service Officer, Lane County. Submits and summarizes written testimony in support of HB 2700 with -4 amendments and -6 amendments (EXHIBIT I).

192

Reiley

Submits information packet in support of HB 2700 which includes email correspondence, CEST report, written testimony of  Jacqueline Zimmer, and Geographic Distribution of Veterans’ Affairs Expenditures in Oregon chart (EXHIBIT J).

221

Chair Nelson

Explains why expansion program requires County Veterans’ Service Officers to coordinate any state and federal benefits available to a veteran.

250

Rep. Farr

Questions whether the concern is related to the legality of coordinating of benefits state and federal benefits.

264

Reiley

Cautions against implementing program requirements that could adversely impact the availability of benefits a veteran.

290

Chair Nelson

Addresses the purpose of expanding the responsibilities of County Veterans’ Service Officer through the expansion program.

298

Reiley

Speaks to concern with language regarding the nature  of  state certification for County Veterans’ Service Officers.

330

MacEllven

Points out that the Oregon County Veterans’ Service Officers Associations (OCVSOA) and Oregon Department of Veterans’ Affairs (ODVA) have formed a joint committee for education and training of officers.

335

Reiley

Speaks to the cooperate efforts of OCVSOA and ODVA on behalf of veterans.   

350

Chair Nelson

Discusses how the language in -3 amendments could be changed to accurately reflect the cooperative relationship between OCVSOA and ODVA.

400

MacEllven

States support of County Veterans’ Service Officer Jeff Hill.

406

Chair Nelson

Asks if the language in -3 amendments relating to the adoption of funding criteria by ODVA is acceptable to OACVSO.

429

Reiley

Explains why language in -3 amendments is not acceptable and how -4 amendments contain the appropriate funding formula for the expansion program.

TAPE 89, A

015

Reiley

Explains why language in -3 amendments relating to qualifications and funding for state certification program could be misused by “rogue County Veterans Service Officers.”

022

Chair Nelson

Justifies the need for the accreditation criteria to be a County Veterans’ Service Officer.

025

Reiley

Identifies and explains the existing state and federal accreditation process for County Veterans’ Service Officers.

036

MacEllven

Points out that the national service associations do have accreditation and training agreements with the United States Department of Veterans Affairs.

038

Reiley

Speaks to concern with funding level set in -3 amendments.

058

MacEllven

Explains how OCVSOA has been working to increase the staffing levels in all counties.  

065

Rep. Hunt

Asks if OCVSOA is satisfied with language in -4 amendments.

069

Reilly

States that all the major concerns of OCVSOA are addressed in -4 amendments and -6 amendments.

075

Rep. Hunt

Asks if there is potential for a county to “oversubscribe” the needs of veterans to increase funding level.

080

Reiley

Explains the basis for determining the $5 million dollar budget estimate.

095

MacEllven

States why it is “unlikely” that any county would be overstaffed.

109

Mac MacDonald

Representative, Veterans’ Organization. Explains why funding for National Veterans’ Service Officers should be included in HB 2700.

130

Chair Nelson

Asks if National Veterans’ Service Officers are being paid by federal government

133

MacDonald

Explains the funding sources for National Veterans’ Service Officers.

158

Chair Nelson

Asks how the bill “ties the director hand to anything.”

161

MacDonald

States why ODVA director must have flexibility to act in the best interest of veterans.

178

Rep. Farr

Asks if SB 10 was amended by Ways and Means Committee.

181

Stembridge

Explains how SB 10 was amended to better align with HB 2700.

193

Paula Brown

Deputy Director, ODVA.

198

Chair Nelson

Asks how HB 2700 ties the hands of the director of ODVA.

202

Brown

Cites examples of several provisions that could potentially tie the hands of the director of ODVA.

225

Furlton Burns

Member, ODVA Advisor Board. Testifies in support of HB 2700.

253

Kevin O’Reilly

Government Relations/Advocacy Director, Oregon Paralyzed Veterans of America. Explains why all Veterans’ Service Officers should be state certified.

313

Brown

Testifies in support of HB 2700 with -5 amendments.

389

Val Conley

Veterans’ Service Division Administrator, ODVA. Testifies in support of HB 2700.

411

Brown

Clarifies that ODVA supports the inclusion of all veterans’ service officers in certification process.

425

Rep. Barnhart

Verifies how -5 amendments are different for the other purposed amendments.  

TAPE 88, B

018

Reiley

Speaks in opposition to the proposed accreditation and standardization procedures for County Veterans’ Service Officers.

The following written testimony is submitted for the record without public testimony:

 

Frank Freyer

Aging and Disability Services Employee, Multnomah County. Submits written testimony in support of HB 2700 (EXHIBIT K).

071

Chair Nelson

Closes the public hearing and work session on HB 2700. Opens the work session on HB 2737.

HB 2737 – WORK  SESSION

076

Jim Stembridge

Committee Administrator. Explains HB 2737, creates Oregon Military Family Relief Program in Oregon Military Department. Submits and summarizes -1 amendments (EXHIBIT L).  Submits and summarizes -2 amendments (EXHIBIT M).

089

Chair Nelson

Recesses the meeting at 4:45 p.m.

090

Chair Nelson

Reconvenes the meeting at 4:47 p.m.

092

Chair Nelson

Explains intent of HB 2737.

135

Rep. Barnhart

MOTION:  Moves to ADOPT HB 2737-2 amendments dated 05/02/05.

139

Rep. Hunt

Verifies that all organizations listed on the front cover would be subject to the rotation system, even if the organization met the 50,000 signature requirement.

146

Rep. Hunt

Objects to the motion to adopt -2 amendments.

153

Rep. Bruun

Questions the inclusion of a stipulation in -2 amendments that makes access to relief funds contingent on an Oregon National Guard being ordered to active duty.  

161

Chair Nelson

Discusses several changes that need to be made before action will be taken on HB 2737.

182

Rep. Barnhart

Withdraws motion to adopt -2 amendments.

185

Chair Nelson

Closes the work session on HB 2737. Opens a work session on HB 2843.

HB 2843 – WORK SESSION

189

Jim Stembridge

Committee Administrator. Explains HB 2843, which requires waiver of occupational and professional license, certificate, permit, and registration fees for veterans. Submits and summarizes -1 amendments (EXHIBIT N). Submits and summarizes -2 amendments (EXHIBIT O).

209

Chair Nelson

Explains the importance of HB 2843.

250

Rep. Boquist

MOTION:  Moves to ADOPT HB 2843-2 amendments dated 04/25/05.

 

 

VOTE:  7-0-0

 

Chair Nelson

Hearing no objection, declares the motion CARRIED.

261

Rep. Bruun

Verifies that a soldier can attain multiple licenses during the one year eligibility period.

270

Rep. Boquist

MOTION:  Moves HB 2843 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

313

Rep. Bruun

Expresses opposition to the bill.

331

Rep. Boquist

Explains the intent of bill and how it will assist a significant number of veterans with a small fiscal impact.

343

Rep. Hunt

Expresses opposition to the bill.

358

Chair Nelson

Expresses support for the bill.

400

 

VOTE:  4-2-1

AYE:               4 - Barnhart, Boquist, Komp, Nelson

NAY:               2 - Bruun, Hunt

EXCUSED:     1 - Farr

 

Chair Nelson

The motion CARRIES.

BOQUIST will lead discussion on the floor.

404

Chair Nelson

Closes the work session on HB 2843. Opens the work session on HB 2847.

HB 2847- WORK SESSION

428

Jim Stembridge

Committee Administrator. Explains HB 2847, which requires that Oregon Veterans’ Home Account be permanently listed on individual tax return form for charitable contribution purposes. Submits and summarize -2 amendments (EXHIBIT P).

TAPE 89, B

006

Rep. Bruun

MOTION:  Moves to ADOPT HB  2847-2 amendments dated 05/02/05.

010

Rep. Hunt

States objection to the motion to adopt -2 amendments.

016

Rep. Boquist

Verifies that establishing a rotation system removes those organizations mandated by law to be on the front page of tax form.

030

Rep. Komp

States objection to the motion to adopt -2 amendments.

041

Chair Nelson

Closes the work session on HB 2847. Opens the work session on HB 2933.

HB 2933 – WORK SESSION

041

Jim Stembridge

Committee Administrator. Explains HB 2933, which provides that outstanding income tax liabilities of active duty military personnel shall be held in abeyance until six months after active duty service ceases and shall be discharged if taxpayer is killed in action. Submits and summarizes -1 amendments (EXHIBIT Q).

063

Rep. Hunt

MOTION:  Moves to ADOPT HB 2933-1 amendments dated 04//26/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Farr

 

Chair Nelson

Hearing no objection, declares the motion CARRIED.

066

Rep. Hunt

MOTION:  Moves HB 2933 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference.

 

 

VOTE:  6-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Farr

 

Chair Nelson

The motion CARRIES.

082

Chair Nelson

Closes the work session on HB 2933. Opens the work session on HB 2945.

HB 2945 – WORK SESSION

087

Jim Stembridge

Committee Administrator. Explains 2945, which modifies property tax exemption for veterans’ residences. Submits and summarizes  -1 amendments (EXHIBIT R).

100

Chair Nelson

Submits and summarizes written testimony on behalf of Jerry Ryan in support of HB 2945 (EXHIBIT S).

118

Rep. Hunt

MOTION:  Moves to ADOPT HB 2945-1 amendments dated 05/03/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Farr

 

Chair Nelson

Hearing no objection, declares the motion CARRIED.

123

Rep. Hunt

MOTION:  Moves HB 2945 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference.

 

 

VOTE:  6-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Farr

 

Chair Nelson

The motion CARRIES.

135

Chair Nelson

Closes the work session on HB 2945. Opens the work session on HB 3096.

HB 3096 – WORK SESSION

150

Jim Stembridge

Committee Administrator. Explains HB 3096, which provides automatic connection to changes in federal tax law related to taxation of combat zone compensation received by certain members of armed forces.

156

Rep. Bruun

MOTION:  Moves HB 3096 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Revenue by prior reference.

 

 

VOTE:  6-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Farr

 

Chair Nelson

The motion CARRIES.

173

Chair Nelson

Closes the work session on HB 3096. Opens a work session on HB 3325 and HJR 47.

HB 3325/HJR  47 – WORK SESSION

185

Jim Stembridge

Committee Administrator. Explains HJR 47, which proposes amendment to Oregon Constitution relating to eligibility for farm or home loan from Oregon War Veterans’ Fund. Submits and summarizes HJR 47 -1 amendments (EXHIBIT T).  Explains HB 3325, which modifies reference to persons who qualify for loans from veterans’ loan program.  Submits and summarizes HB 3325 -1 amendments (EXHIBIT U).

221

Rep. Hunt

MOTION:  Moves to ADOPT HJR 47-1 amendments dated 04/29/05.

250

Rep. Barnhart

Questions the necessity for both measures.

259

Bruce Shriver

Chief Financial Officer, Oregon Department of Veterans’ Affairs (ODVA). Explains the necessity for both HJR 47 and HB 3325.

277

Dee Carlson

Attorney, Oregon Department of Justice. Verifies the constitutional legality of both measures.  

299

Rep. Barnhart

Questions whether HJR 47 will align with federal law if it is changed.  

302

Carlson

Confirms that HJR 47 would align with federal law and would extend eligibility for home loan to members of the Oregon National Guard and Reserves who complete initial term of service.

314

Rep. Barnhart

Verifies what monies would be available to ODVA for the Veterans’ Home Loan Program if both bills passed.

338

 

VOTE:  6-0-1

EXCUSED:  1 - Farr

 

Chair Nelson

Hearing no objection, declares the motion CARRIED.

360

Rep. Hunt

MOTION:  Moves HJR 47 to the floor with a BE ADOPTED AS AMENDED recommendation and BE REFERRED to the committee on Elections & Rules by prior reference.

 

 

VOTE:  6-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Farr

 

Chair Nelson

The motion CARRIES.

380

Rep. Bruun

MOTION:  Moves to ADOPT HB 3325-1 amendments dated 04/29/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 – Farr, Komp

 

Chair Nelson

Hearing no objection, declares the motion CARRIED.

398

Rep. Bruun

MOTION:  Moves HB 3325 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Elections & Rules.

 

 

VOTE:  5-0-2

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  2 – Farr, Komp

 

Chair Nelson

The motion CARRIES.

TAPE 90, A

002

Chair Nelson

Closes the work session on HJR 47 and HB 3325. Opens the work session on HJM 14.

HJM 14 – WORK SESSION

004

Jim Stembridge

Committee Administrator. Explains HJM 14, which urges Congress to fund health care for veterans without increased co-payments and user fees. Submits and summarizes -1 amendments (EXHIBIT V).

017

Chair Nelson

Closes the work session on HJM 14 and opens a work session on HB 3325.

HB 3325 – WORK SESSION

018

Rep. Nelson

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. KOMP to BE RECORDED as voting AYE on the “MOTION:  Moves HB 3325 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Elections & Rules".

 

 

VOTE:  6-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Farr

 

Chair Nelson

The motion CARRIES.

021

Chair Nelson

Closes the work session on HB 3325 and reopens a work session on HJM 14.

HJM 14 – WORK SESSION

030

Rep. Bruun

MOTION:  Moves to ADOPT HJM 14-1 amendments dated 04/28/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Farr, Hunt

 

Chair Nelson

Hearing no objection, declares the motion CARRIED.

034

Rep. Bruun

MOTION:  Moves HJM 14 be sent to the floor with a BE ADOPTED AS AMENDED recommendation.

 

 

VOTE:  5-0-2

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  2 - Farr, Hunt

 

Chair Nelson

The motion CARRIES.

REP.  Bruun will lead discussion on the floor.

055

Chair Nelson

Closes the work session on HJM 14. Opens work session on HJM 18.

HJM 18 – WORK SESSION

060

Jim Stembridge

Committee Administrator. Explains HJM 18, which urges Congress to change funding of veterans’ health care from discretionary entitlement to permanent and direct entitlement. Submits and summarizes -1 amendments (EXHIBIT W).

062

Mike Sullivan

Lobbyist, Association of Western Pulp and Paper Workers. Testifies in support of HJM 18.

083

Mac MacDonald

Representative, Veterans’ Organization. Testifies in support of HJM 18.

097

Chair Nelson

Identifies the need for a conceptual amendment that would change “permanent” to “mandated.”

112

Rep. Bruun

Points out that Merchant Marine need to be added.

123

Rep. Barnhart

MOTION:  Moves to ADOPT HJM 18-1 amendments dated 03/18/05 and that the measure be FURTHER AMENDED on page 1, line 7, by inserting "mandated" after "funded by" and on page 1, line 8, by inserting "Merchant Marine" after "Guard,".

149

 

VOTE:  4-0-3

EXCUSED:  3 - Farr, Hunt, Komp

 

Chair Nelson

Hearing no objection, declares the motion CARRIED.

150

Rep. Barnhart

MOTION:  Moves HJM 18 be sent to the floor with a BE ADOPTED AS AMENDED recommendation.

162

 

VOTE:  4-0-3

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  3 - Farr, Hunt, Komp

 

Chair Nelson

The motion CARRIES.

REP. Komp will lead discussion on the floor.

167

Chair Nelson

Closes the work session on HJM 18. Opens the work session on HJM 31.

HJM 31 – WORK SESSION

172

Jim Stembridge

Committee Administrator. Explains HJM 31, which urges Congress to amend definition of “veteran” in federal law to include all soldiers who served on behalf of this nation.

178

Chair Nelson

Closes the work session on HJM 31. Opens the work session on HJM 18.

HJM 18 – WORK SESSION

185

Rep. Nelson

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. KOMP to BE RECORDED as voting AYE on the “MOTION:  Moves HJM 18 be sent to the floor with a BE ADOPTED AS AMENDED recommendation".

 

 

VOTE:  5-0-2

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  2 - Farr, Hunt

 

Chair Nelson

The motion CARRIES.

REP. Komp will lead discussion on the floor.

187

Chair Nelson

Closes the work session on HJM 18. Opens the work session on HJM 31.

HJM 31 – WORK SESSION

196

Rep. Barnhart

MOTION:  Moves HJM 31 be sent to the floor with a BE ADOPTED recommendation.

201

Rep. Barnhart

Explains purpose of HJM 31.

217

 

VOTE:  5-0-2

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  2 - Farr, Hunt

 

Chair Nelson

The motion CARRIES.

REP. Boquist will lead discussion on the floor.

230

Chair Nelson

Closes the work session on HJM 31.

251

Chair Nelson

Adjourns the meeting at 5:56 p.m.

 

EXHIBIT SUMMARY

 

  1. HB 2677, -1 amendments, staff, 1 p
  2. HB 2677, -2 amendments, staff, 1 p
  3. HB 2677, -3 amendments, staff, 1 p
  4. HB 2700, -3 amendments, staff, 5 pp
  5. HB 2700, -4 amendments, staff, 4 pp
  6. HB 2700, -5 amendments, staff, 4 pp
  7. HB 2700, -6 amendments, staff, 4 pp
  8. HB 2700, information packet, Douglass T. MacEllven, 14 pp
  9. HB 2700, written testimony, Joseph J. Reiley, 2 pp
  10. HB 2700, information packet, Joseph J. Reiley, 6 pp
  1. HB 2737, -1 amendments, staff, 1 p
  2. HB 2737, -2 amendments, staff, 4 pp
  3. HB 2843, -1 amendments, staff, 1 p
  4. HB 2843, -2 amendments, staff, 1 p
  5. HB 2847, -2 amendments, staff, 4 pp
  6. HB 2933, -1 amendments, staff, 1 p
  7. HB 2945, -1 amendments, staff, 1 p
  8. HB 2945, written testimony of Jerry Ryan, Donna Nelson, 1 p
  9. HJR 47, -1 amendments, staff, 3 pp
  10. HB 3325, -1 amendments, staff, 13 pp
  11. HJM 14, -1 amendments, staff, 1 p
  12. HJM 18, -1 amendments, staff, 1 p

                       

The following written testimony is submitted for the record without public testimony:

  1. HB 2700, written testimony, Frank Freyer, 1 p