71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SJR 39
 
LC 3761/SJR 39-3
 
                      SENATE AMENDMENTS TO
                   SENATE JOINT RESOLUTION 39
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                            April 27
 
  On page 1 of the printed joint resolution, delete lines 2
through 31.
  On page 2, delete lines 1 through 5 and insert:
  ' Whereas the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 requires states to allow
religious organizations to participate as contractors or grantees
in publicly funded social service programs 'on the same basis as
any other nongovernmental provider'; and
  ' Whereas the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 includes provisions to
protect the autonomy and religious character of religious
providers; and
  ' Whereas the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 requires that programs be
implemented in a manner consistent with the Establishment Clause
of the United States Constitution and contains provisions
designed to protect the religious liberty interests of program
beneficiaries and their access to services; and
  ' Whereas similar language has been inserted in subsequent
federal legislation providing federal funding for state social
service programs; and
  ' Whereas religious and nonreligious charitable organizations
have long provided invaluable services to the needy and have
frequently participated in funded and nonfunded social service
programs administered by federal, state and local governments;
and
  ' Whereas there is an existing body of federal and state
constitutional, statutory and regulatory provisions governing
participation of religious and nonreligious nonprofit social
service organizations in government funded and nonfunded
programs; and
  ' Whereas the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 provides that it does not
preempt any state constitutional or statutory provisions
prohibiting or restricting the expenditure of state funds in or
by a religious organization; and
  ' Whereas it is in the public interest of the State of Oregon
to facilitate participation of religious and nonreligious
nonprofit social service organizations in government sponsored
programs; now, therefore,'.
  Delete lines 7 through 16 and insert:
  ' (1) The Oregon Law Commission is directed to study the
purpose and effectiveness of existing statutory and regulatory
provisions governing state social service programs involving
private nonprofit providers, including religiously affiliated
providers, to determine whether the Legislative Assembly should
make specific or comprehensive law changes to facilitate
participation by providers.
  ' (2) The Oregon Law Commission shall, in the course of its
study, consider the following:
  ' (a) The extent to which existing federal and state
constitutional, statutory and regulatory provisions may restrict
the ability of religious organizations to obtain funds to operate
social service programs and to operate those programs in the
facilities of the organizations, and whether any changes in the
laws are available, necessary and appropriate;
  ' (b) The extent to which existing federal and state
constitutional, statutory and regulatory provisions may impose
unnecessary regulatory burdens on religious and nonreligious
organizations participating in state social service programs, and
whether any changes in the laws are available, necessary and
appropriate;
  ' (c) The extent to which application of section 702 of Title
VII of the Civil Rights Act of 1964 (as affirmed in language in
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996) may conflict with state laws or local
ordinances prohibiting discrimination in the workplace;
  ' (d) The extent to which the state, through its social service
programs, can strengthen the protection of religious autonomy and
the rights of program beneficiaries; and
  ' (e) The extent to which the state may encourage and
facilitate participation by religious and nonreligious
organizations in state social service programs that do not
receive public funds.'.
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