71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
 LC 3761
 
                           A-Engrossed
 
                   Senate Joint Resolution 39
                 Ordered by the Senate April 27
           Including Senate Amendments dated April 27
 
Sponsored by Senator SHIELDS
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Directs Oregon Law Commission to study law changes to
facilitate provision of social services by faith-based
organizations   { - and to report recommendations to
Seventy-second Legislative Assembly - } .
 
                        JOINT RESOLUTION
  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,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  (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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