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
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 LC 3761
 
                   Senate Joint Resolution 39
 
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 as
introduced.
 
  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 Welfare Reform Act of 1996 encourages
states to obtain services from nongovernmental groups because
community-based solutions can be key in fighting poverty and
dependency; and
  Whereas the federal Welfare Reform Act of 1996 requires that
government not discriminate against churches and faith-based,
nonprofit corporations when choosing contractors or deciding who
can accept vouchers and other forms of disbursement to provide
services; and
  Whereas the federal Welfare Reform Act of 1996 obligates
government to respect the religious character of faith-based
organizations that accept public money by affirming that
organizations may display religious symbols and items, use
faith-based concepts and language in providing help and retain
their right to use religious criteria in hiring; and
  Whereas the concept of charitable choice, established as one of
the provisions of the federal Welfare Reform Act of 1996,
protects recipients from religious coercion by ensuring that
recipients may not be discriminated against when seeking
services, may decline to take part in inherently religious
activities and may choose an alternative provider of services
upon objection to a religious provider; and
  Whereas the federal Welfare Reform Act of 1996 maintains the
separation of church and state by requiring that government funds
be used only for the public purpose of assisting the needy, not
for inherently religious activities such as worship, sectarian
instruction or proselytization; and
  Whereas charitable choice rests on the constitutional concepts
that government must not discriminate against religion when it
selects service providers, must not endorse one religion or many
and must safeguard religious liberty for all; and
  Whereas charitable choice now governs federal and admixed state
spending for welfare services, Welfare-to-Work and Community
Service Block Grants; and
 
  Whereas members of Congress have proposed expanding the
charitable choice rules to cover other federal funds; and
  Whereas similar principles apply to federal funds for
low-income child care vouchers and the Refugee Resettlement
program; and
  Whereas government should work closely with faith-based and
community groups; and
  Whereas while government can provide valuable resources and
uniformity of service, social organizations embrace the needy and
can better provide encouragement and challenge, offer connections
to service networks and deal with moral and spiritual matters;
and
  Whereas faith-based organizations can be encouraged to expand
their own outreach to their neighbors or join a local welfare
department's referral system; and
  Whereas government and faith-based organizations can together
build a mentoring network to support welfare families; now,
therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  (1) The Oregon Law Commission shall study law changes to
facilitate provision of social services by faith-based
organizations and submit its report to the Seventy-second
Legislative Assembly.
  (2) The Oregon Law Commission shall, in the course of its
study, address the following questions:
  (a) In the absence of additional federal legislation, how may a
faith-based organization obtain federal funds to operate a social
service program at a facility of the organization?
  (b) Do any state laws restrict the ability of a faith-based
organization to receive federal funds to operate a social service
program at a facility of the organization?
  (c) What new laws or law changes would facilitate receipt of
federal funds by a faith-based organization to operate a social
service program at a facility of the organization?
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