SENATE COMMITTEE ON RULES

 

 

June 30, 2005                                                                                                         Hearing Room B

1:00 P.M.                                                                                                                  Tapes 141 - 142

Corrected 10/28/05

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Charlie Ringo

Sen. Frank Shields

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURE/ISSUES HEARD:          

                                                HB 2136A – Public Hearing and Work Session

                                                HB 2681A – Public Hearing and Work Session

                                                HB 2862A – Public Hearing and Work Session

                                                HB 2878 – Public Hearing and Work Session

                                                HCR 9A – Public Hearing and Work Session

                                                HJM 13A – Public Hearing and Work Session

                                                HJM 15 – Public Hearing and Work Session

                                                HJM 16 – Public Hearing and Work Session

                                                HJM 18A – Public Hearing and Work Session

                                                HJM 25A – Public Hearing and Work Session

                                                SJM 8 – Public Hearing and Work Session

                                                SB 1000 – 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 141, A

004

Chair Brown

Calls the meeting to order at 1:12 p.m. as a subcommittee and opens a public hearing on HB 2136A, HB 2681A, HB 2862A, HB 2878, HCR 9A, HJM 13A, HJM 15, HJM 16, HJM 18A, HJM 25A, and SJM 8.

HB 2136A, HB 2681A, HB 2862A, HB 2878, HCR 9A, HJM 13A, HJM 15, HJM 16, HJM 18A, HJM 25A and SJM 8 – PUBLIC HEARING

018

Rep. Donna Nelson

 

House District 24. States these bills advocate for veterans, our military and their families. States that these are critical issues to restore the credibility of veterans.

078

Colonel Mike Caldwell

States that HB 2862A codifies in to law what is a fairly common practice clarifying the policy of the state.

087

David McDonald

Director of Enrollment Services Oregon University System. Submits an issue brief on the Voyager Tuition Assistance Program and states support for HB 2862A (EXHIBIT A).

106

Chair Brown

Closes the public hearing on HB 2862A. Notes there is now a quorum and states for the record that Colonel Caldwell is here on HJM 13A, HJM 15, HJM 16, SJM 8, and HJM 25.

115

Colonel Mike Caldwell

Deputy Director, Oregon Military Department. States that HB 2136A updates the Oregon Code of Military Justice. Explains the three major provisions. 

154

Mike Sullivan

Lobbyist for the Association of Western Pulp and Paper Workers. Testifies in support of HJM 18A. States that this bill asks that Veterans Affairs be funded directly under mandated funds.

181

Kevin O’Reilly

Oregon Paralyzed Veterans of America. Reads a prepared statement about the cuts to medical equipment upgrades and comprehensive care in Veteran’s Affairs.

246

Sen. Ringo

Asks if there is a distinction between veterans’ health care needs that arise because of combat operations.

251

O’Reilly

Responds that the distinction is made between service connected and non-service connected. Explains there are eight categories of eligibility.

258

Sen. Ringo

Asks are the service connected given a higher priority.

259

O’Reilly

Answers yes.

261

Sullivan

Adds that currently there is no funding for category 8 priorities.

257

Fred Schafer

Oregon State Commander, National Association of Atomic Veterans. States HCR 9A requests July 16 as a special day in Oregon. Explains they were test sites participates and are considered not service connected.  

299

Forest Bahler

Past Department Commander, Disabled American Veterans. States he is an atomic veteran. Describes his experience with atomic energy testing at sea. Explains that the first test was in New Mexico in 1945 and from there to Japan and the atomic bomb testing continued.

345

Bahler

States animals were used. Discusses the experience of the shock wave, the radiation exposure from atomic bombs from 1945 to 1956 which has taken the lives of many veterans from cancer, leukemia and lymphoma.

366

Bahler

Describes medical issues experienced by his three daughters. States that passing this bill is one more step toward justice for atomic veterans.

414

William Milagan

States that he also served as an atomic veteran. States that he has a history of cancer related illnesses. Supports HCR 9A.

TAPE 142, A

019

Sen. Ferrioli

Comments on the efforts expended during the cold war and the risks that were taken without explanation. States appreciation for bringing this issue to public consciousness.

056

Sen. Ferrioli

Adds they were not allowed to share their experiences with physicians or family.

058

Bahler

Adds there are veterans that have charges against them for talking.

084

Sen. Ringo

States that his father witnessed the first atomic blast in New Mexico and was told it was a fuel depot that exploded. Comments on veterans’ exposure to risks where the effects are not disclosed.  States appreciation for the testimony.

110

Jim Jones

Relays his experience in 1958 of the being in the submarine when the blast went off; in Vietnam with Agent Orange where it would run off them like water.  States they are not looking for money; they are looking for a day of recognition for the veterans who were used Guinea pigs in the bomb tests.

131

Sen. Ferrioli

Observes that when these men were making these sacrifices members of the committee were children.

147

Jones

Relays what happened to when a shock wave hit the submarine. Discusses the secrecy requirements and deaths as a result of radiation exposure.

200

Member of  the audience

Discusses the “spooks” that came in after the testing.

236

John Gabrialson

Relays his personal experience on patrol and having to arrest people who spoke about what they witnessed.

256

Chair Brown

Closes the public hearing on HB 2136A, HB 2681A, HB 2878, HCR 9A, HJM 13A, HJM 15, HJM 16, HJM 18A, HJM 25A, and SJM 8 and opens a work session on HB 2136A.

HB 2136A – WORK SESSION

260

Chair Brown

MOTION:  Moves HB 2136A to the floor with a DO PASS recommendation.

262

 

VOTE:  4-0-1

EXCUSED:  1 – Shields *(see tape 141 B #266)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

 

Chair Brown

Closes the work session on HB 2136A and opens the work session on HB 2681A.

HB 2681A – WORK SESSION

264

Chair Brown

MOTION:  Moves HB 2681A to the floor with a DO PASS recommendation.

265

 

VOTE:  4-0-1

EXCUSED: 1 – Shields *(see tape 141 B #266)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

267

Chair Brown

Closes the work session on HB 2681A and opens the work session     HB 2862A.

HB 2862A –WORK SESSION

266

Chair Brown

MOTION:  Moves HB 2862A to the floor with a DO PASS recommendation.

267

 

VOTE:  4-0-1

EXCUSED:  1 – Shields *(see tape 141 B #266)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

269

Chair Brown

Closes the work session on HB 2862A and opens the work session on HB 2878.

HB 2878 – WORK SESSION

269

Chair Brown

MOTION:  Moves HB 2878 to the floor with a DO PASS recommendation.

269

 

VOTE:  4-0-1

EXCUSED:  1 – Shields *(see tape 141 B #266)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

271

Chair Brown

Closes the work session on HB 2878. Opens the work session on    HCR 9A.

HCR  9A – WORK SESSION

283

Chair Brown

MOTION:  Moves HCR 9A be sent to the floor with a BE ADOPTED recommendation.

283

 

VOTE:  4-0-1

EXCUSED:  1 – Shields *(see tape 141 B #266)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

283

Chair Brown

Closes the work session on HCR 9A and opens the work session on HJM 13.

HJM 13A – WORK SESSION

289

Chair Brown

MOTION:  Moves HJM 13A be sent to the floor with a BE ADOPTED recommendation.

291

 

VOTE:  4-0-1

EXCUSED:  1 – Shields *(see tape 141 B #266)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

291

Chair Brown

Closes the work session on HJM 13A and opens the work session on HJM 15.

HJM 15 – WORK SESSION

292

Chair Brown

MOTION:  Moves HJM 15 be sent to the floor with a BE ADOPTED recommendation.

293

 

VOTE:  4-0-1

EXCUSED:  1 – Shields *(see tape 141 B #266)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

297

Chair Brown

Closes the work session on HJM 15 and opens the work session on HJM 16.

HJM 16 – WORK SESSION

299

Chair Brown

MOTION:  Moves HJM 16 be sent to the floor with a BE ADOPTED recommendation.

300

 

VOTE:  4-0-1

EXCUSED:  1 – Shields *(see tape 141 B #266)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

301

Chair Brown

Closes the work session on HJM 16 and opens the work session on HJM 18A.

 

HJM 18A – WORK SESSION

302

Sen. Brown

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

303

 

VOTE:  4-0-1

EXCUSED:  1 – Shields *(see tape 141 B #266)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

304

Chair Brown

Closes the work session on HJM 18A and opens the work session on HJM 25A.

HJM 25A – WORK SESSION

306

Chair Brown

MOTION:  Moves HJM 25A be sent to the floor with a BE ADOPTED recommendation.

307

 

VOTE:  4-0-1

EXCUSED:  1 – Shields *(see tape 141 B #266)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

310

Chair Brown

Closes the work session on HJM 25A and opens the work session on SJM 8.

SJM 8 – WORK SESSION

310

Chair Brown

MOTION:  Moves SJM 8 be sent to the floor with a BE ADOPTED recommendation.

311

 

VOTE:  4-0-1

EXCUSED:  1 – Shields *(see tape 141 B #266)

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

313

Chair Brown

Closes the work session on SJM 8. Recesses the committee until 2:10 p.m.

330

Chair Brown

Reconvenes the meeting. Clarifies the rules for minority reports when the Senate is under one hour notice. Opens the work session on          SB 1000.

SB 1000 – WORK SESSION

361

Tiffany Harris

States there are -3, -6 and -7 amendments. Clarifies that the -6 tracks the -3 amendments and the -7 amendments track the original bill.

399

Doug McKean

Legislative Counsel. Reviews the -6 amendments (EXHIBIT B). Notes that the language “bona fide church or sectarian religious institution” is identical to language already in law.

452

Chair Brown

Asks how “bona fide church or sectarian religious institution” is defined in law.

457

McKean

Answers they are not defined terms and there are no court cases that describe what those terms mean. Current law in 659A.006 gives examples of a sectarian religious institution.

TAPE 141, A

015

Chair Brown

Clarifies for the record this is current statutory law.

015

McKean

Continues to review the provisions of the -6 amendments.

 

TAPE 141, B

036

Sen. Ben Westlund

Testifies that the -7 amendments clarify that marriage and civil unions are not the same. The -7 amendments delete the term “same” and insert “substantially equivalent to”, the -6 amendments address specific issues/items/entities that could be impacted.

071

Sen. Westlund

Comments on the committee process and the work that was done on this bill.

082

Chair Brown

Asks if the -7 amendments clarify that SB 1000 is not the same as marriage.

084

Sen. Westlund

Responds affirmatively.

086

Chair Brown

Asks if it is his understanding that civil unions are not recognized by the federal law.

087

Sen. Westlund

Responds civil unions are prohibited from being recognized by federal law.

088

Chair Brown

Asks if they are transferable to other states.

089

Sen. Westlund

Responds unless a state recognizes civil unions, they are not transferable.

091

Chair Brown

Asks if the -7 amendments allow same sex couples to marry.

092

Sen. Westlund

Answers that federal law and the state of Oregon prohibits same sex couples to marry and this bill does not change that.

094

Chair Brown

Asks who participated in drafting the -6 amendments.

095

Sen. Westlund

Answers a group of legislators, legislative counsel, the ACLU, staff from Senators Bates, Westlund, Morse and Brown’s offices.

100

Chair Brown

Asks if it is the intent of the -6 amendments to provide the maximum flexibility in hiring practices in regard to the issue of sexual orientation.

104

Sen. Westlund

Answers affirmatively.

106

Sen. Ferrioli

Asks who represented the religious organizations in the work group.

107

Sen. Westlund

Answers that he carried much of the will and intent.

111

Sen. Ferrioli

Perceives that there was not representation by bona fide religious organizations.

113

Chair Brown

Notes that Sen. Morse is a bona fide theologian.

126

Chair Brown

States there is not time to bring in all religious institutions in the state.

117

Sen. Ferrioli

States there was testimony from the Catholic church and other churches and asks which of them were consulted.

126

Sen. Westlund

States that the meeting was called to address their concerns.

132

Sen. Ferrioli

Comments on religious representation not being involved in the negotiation process.

133

Chair Brown

Responds that the meeting was not a negotiation, it was a meeting of the sponsors of the bill to address the concerns raised by Mr. Castagna and Ms. Smith.

145

Sen. Ferrioli

Asks if there was an attempt to broaden the exception clause for churches.

147

McKean

Responds the clause “or to its primary purpose” in the -2 amendments is not in the -6 amendments.

158

Sen. Ferrioli

Asks does this broaden the exemption or narrow it.

160

Sen. Westlund

Responds the specific purpose of the meeting was to broaden it in two areas; 1) the employee being exempted, and 2) to keep the core mission of a church or religious institution out of the courts.

189

Chair Brown

Refers to the listing of religious institutions.

196

Sen. Ferrioli

Notes that a “bona fide church” is not defined.

202

McKean

Responds that he has not done that research.

212

Chair Brown

Ask how long has the term been in Oregon statute.

215

Chair Brown

States the audience indicates since 1969.

217

Sen. Westlund

States there are court cases that have created a definition.

224

Sen. Ferrioli

Asks how religious activities are defined.

248

Chair Brown

Closes the public hearing on SB 1000 and opens a work session for the purpose of allowing Senator Shields to vote on HB 2136A, HB 2681A, HB 2862A, HB 2878, HCR 9A, HJM 13A, HJM 15, HJM 16, HJM 18A, HJM 25A and SJM 8.

HB 2136A, HB 2681A, HB 2862A, HB 2878, HCR 9A, HJM 13A, HJM 15, HJM 16, HJM 18A, HJM 25A and SJM 8 – WORK SESSION

264

Sen. Brown

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. SHIELDS to BE RECORDED as voting AYE on the "ADOPTION OF HB 2136A, HB 2681A, HB 2862A, HB 2878, HCR 9A, HJM 13A, HJM 15, HJM 16, HJM 18A, HJM 25A and SJM 8".

266

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

268

Chair Brown

Re-opens the work session on SB 1000.

SB 1000 – WORK SESSION

272

McKean

Responds to Senator Ferrioli’s question stating that the language regarding religious activities in line 23 is not defined in the bill. Notes that it is a employment position that involves religious activities and those activities would be determined by the employer rather than the employee.

283

Chair Brown

Reiterates that the focus of the amendments is not about second guessing the employment decisions of religious institutions but rather to regulate the businesses engaged in commerce. The broadening of the language was to address the concerns raised by Mr. Castagna.

292

Sen. Ferrioli

States that there is a boundary in 7(c)  that questions who would make the decision about whether the exemption is sufficient.

313

McKean

Responds that the Bureau of Labor is the enforcement agency. Adds that courts may have to define an employment position that is not connected to a commercial or business activity.

324

Chair Brown

Notes that United States Supreme Court requires certain connections between the institution and the activity.

328

McKean

Responds the Oregon courts have talked about the issue but is not sure if has been determined in the context of this statute.

335

Sen. Ferrioli

Clarifies for the record that if the boundary exists, the administrative remedies will end up in Bureau of Labor and Industries. Believes the appropriate approach would be to not include the state in state-church relationships, definitions or practices.

363

Chair Brown

Comments that discrimination is discussed in Chapter 659.

372

Sen. Ferrioli

States his concern is the approach; that a collision between church and state will be resolved at the Bureau of Labor and Industries.

352

Sen. Ringo

Disagrees. States that ultimately the courts have to interpret the language of the statute. Believes the language is appropriate.

370

Chair Brown

States the intent of “other” in 7(c) is referring to the list in 7(b) to ensure the list was inclusive rather than exclusive in case something arises that had not been thought of.

417

Sen. Ferrioli

Reiterates that a list lead to a boundary and a boundary leads to ambiguity and ambiguity leads to litigation.

427

Sen. Shields

States his perspective as a clergyperson.

TAPE 142, B

016

Sen. Ferrioli

Asks what does “substantially equivalent” mean.

018

McKean

Responds that “equivalent” is defined as equal in value or volume and “substantially” means in the same degree.

027

Sen. Ferrioli

Reads the standard definition from a dictionary and notes the word “substantially” could be considered a qualifier. States that creating practical equivalency to marriage in law is a constitutional violation.

057

Chair Brown

Asks does SB 1000 provide to same sex couples the exact same rights, responsibilities, and benefits that a marriage provides.

060

McKean

Answers he does not think it does.

062

Chair Brown

Asks if it is portable to another state other than Vermont, Massachusetts and maybe California. Asks will same sex couples be provided Medicaid benefits under federal law.

067

McKean

Answers no and that there is a host of federal benefits that Oregon partnerships would not be eligible for.

069

Chair Brown

Asks if same sex couples will be allowed to marry under this bill.

070

McKean

Answers no.

071

Sen. Ferrioli

Asks if an Oregon state statute could require a federal benefit.

072

McKean

Answers no, and that there are a lot of state tax laws that piggy back on federal requirements.

076

Chair Brown

Informs that the California Supreme Court ruled on this issue yesterday. The court focused on the actual benefits not the language and concluded that it is not the same.

094

Sen. Ferrioli

States that the word “the same” is not the problem, it is the quality of the benefits conferred. Concludes that it is his belief this is an invitation to a collision between church and state that will result in significant litigation and constitutional questions.

126

Chair Brown

States for the record that about a dozen states have passed ballot measures and initiatives that prohibit civil unions; Ballot Measure 36 does not. Expands on what Ballot Measure does not do.

 

The committee recesses for three minutes.

154

Chair Brown

MOTION:  Moves to ADOPT SB 1000-3 amendments dated 6/24/05.

 

The committee recesses to assemble a full committee.

164

Chair Brown

Reconvenes the meeting.

167

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

170

Chair Brown

MOTION:  Moves to ADOPT SB 1000-6 amendments dated 6/30/05.

170

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

171

Chair Brown

MOTION:  Moves to ADOPT SB 1000-7 amendments dated 6/30/05.

 

 

VOTE:  5-0-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

174

Chair Brown

MOTION:  Moves SB 1000 to the floor with a DO PASS AS AMENDED recommendation.

177

Sen. Ferrioli

States concern that the bona fide religious organizations were not consulted on the religious exemption. Expands on concerns regarding ambiguities and states he will be a no vote.

200

 

VOTE:  3-2-0

AYE:               3 - Ringo, Shields, Brown

NAY:               2 - Atkinson, Ferrioli

 

Chair Brown

The motion CARRIES.

SEN. BROWN will lead discussion on the floor.

206

Sen. Westlund

Announces a courtesy Aye vote.

207

Sen. Ferrioli

States that there will not be a minority report.

211

Chair Brown

Closes the work session on SB 1000 and adjourns the meeting at 2:45 p.m.

 

EXHIBIT SUMMARY

 

A.     HB 2862A, Voyager Tuition Assistance Program issue brief, Dave McDonald, 1 p

B.     SB 1000, -6 amendments, staff, 2 pp

C.     SB 1000, -7 amendments, Senator Ben Westlund, 1 p

D.    SB 1000, -2 amendments, staff, 4 pp

E.     SB 1000, -3 amendments, staff, 4 pp