72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3545
B-Engrossed
Senate Bill 886
Ordered by the House June 18
Including Senate Amendments dated May 9 and House Amendments
dated
June 18
Sponsored by Senator SHIELDS; Senators ATKINSON, BURDICK, CARTER,
CLARNO, FISHER, GORDLY, METSGER, MINNIS, MORRISETTE, MORSE, B
STARR, C STARR, WALKER, Representatives ANDERSON, RICHARDSON
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 Department of Human Services to establish at least one
pilot program to provide opportunity to certain human services
clients to access faith-based or community organization
assistance.
Specifies client is not required to participate in faith-based
or community organization.
{ - Specifies department will - } { + Allows department
to + } terminate relationship with faith-based or community
organization { + in pilot program + } under certain
circumstances.
Sunsets January 2, 2006.
Declares emergency, effective July 1, 2003.
A BILL FOR AN ACT
Relating to human services; and declaring an emergency.
Whereas the State of Oregon faces substantial fiscal
difficulties now and for the foreseeable future; and
Whereas in this recessionary period the need for human services
is as great as ever and continues to grow rapidly; and
Whereas during recent years, the Department of Human Services
has undergone a major reorganization emphasizing the integration
of the human services delivery system; and
Whereas since the Legislative Assembly adopted Senate Joint
Resolution 25 (1999), the State of Oregon has engaged in dialogue
with a diverse group of individuals representing as many
faith-based and community organizations as possible; and
Whereas the Oregon Law Commission has been reviewing the
constitutional issues raised by the charitable choice clause of
the Welfare Reform Act of 1996; and
Whereas faith-based and community organizations have within
their memberships or constituencies significant numbers of people
receiving assistance through the Department of Human Services,
but many community leaders are unaware of the extent of the human
services needs within their constituencies; and
Whereas faith-based and community organizations care deeply
about issues of poverty, health care, education and more, and
wish to reduce suffering among community members; and
Whereas clients of the human services and criminal justice
systems benefit from the work of small nonprofit mentoring groups
and groups such as the Court Appointed Special Advocate Volunteer
Program and achieve positive outcomes at a greater rate than
clients without that benefit; and
Whereas the Department of Human Services recognizes the benefit
from the work of small nonprofit mentoring groups and groups such
as the Court Appointed Special Advocate Volunteer Program, the
department does not take a position on any belief system or view
of any faith-based or community organization; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) On or before January 1, 2004, the
Department of Human Services shall establish a pilot program in
at least one service delivery area. The purpose of the program is
to provide an opportunity for human services clients to access
faith-based or community organizations taking part in the effort
to assist clients who are affiliated with those organizations.
(2) The department shall develop procedures and training to
assist staff in identifying clients who have an existing
affiliation with a faith-based or community organization and who
have an interest in working with the organization to supplement
the services provided by the department.
(3)(a) A client is not required to:
(A) Participate with a faith-based or community organization;
or
(B) Give any information about the client's affiliation with a
faith-based or community organization.
(b) A client may withdraw from or terminate the client's
participation with a faith-based or community organization at any
time.
(4) The client's affiliation with a faith-based or community
organization may not adversely impact the client's eligibility
for department services. The department may not require a client
to participate in the activities or services of a faith-based or
community organization identified under subsection (2) of this
section.
(5) In collaboration with faith-based and community
organizations, the department shall establish procedures for:
(a) Assisting an interested client in contacting a faith-based
or community organization with whom the client is affiliated and
communicating the needs of the client to the organization.
(b) Providing notice to a client of the client's rights under
this section.
(6) The department may not initiate any volunteer activities of
faith-based or community organizations to assist human services
clients as described in subsection (5)(a) of this section.
(7) The department may terminate or withdraw from only the
relationship created under the pilot program with a faith-based
or community organization when:
(a) Requested by a client after the faith-based or community
organization has been given reasonable opportunity to respond to
concerns or allegations expressed by the client; or
(b) The activities or services provided by the faith-based or
community organization impede the ability of the department to
effectively provide services.
(8) This section does not create a new entitlement to
services. + }
SECTION 2. { + (1) The Department of Human Services shall
conduct the pilot program established pursuant to section 1 of
this 2003 Act within the department's legislatively approved
budget. The department may accept contributions of funds and
assistance consistent with the purposes of the pilot program.
(2) The department shall report to the Seventy-third
Legislative Assembly on the pilot program established pursuant to
section 1 of this 2003 Act. + }
SECTION 3. { + Sections 1 and 2 of this 2003 Act are repealed
on January 2, 2006. + }
SECTION 4. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect July 1,
2003. + }
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