Bill Text: OR HB2805 | 2011 | Regular Session | Introduced

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Bill Title: Relating to illegal aliens.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2805 Detail]

Download: Oregon-2011-HB2805-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1374

                         House Bill 2805

Sponsored by Representative THATCHER (Presession filed.)

                             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.

  Prohibits state agencies from providing employment, products,
services or licenses to persons who are not lawfully present in
United States.
  Imposes penalty of five years' imprisonment, $125,000 fine, or
both, for knowingly making false affidavit or declaration of
resident status to obtain employment, products, services or
license.

                        A BILL FOR AN ACT
Relating to illegal aliens.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Benefits' means financial assistance, products or services
furnished by a state agency and paid for, in whole or in part,
with public funds.
  (b) 'Lawfully present' or 'lawful presence' means a person is a
United States citizen or has a lawful immigration status in
accordance with United States immigration laws.
  (c) 'State agency' has the meaning given that term in ORS
183.750.
  (2) Except as provided in subsection (3) of the section, a
state agency may not employ or provide benefits to a person 18
years of age or older who is not lawfully present in the United
States. A state agency shall verify lawful presence in the manner
provided in subsections (4) and (5) of this section.
  (3) A state agency may not require a person seeking benefits to
verify lawful presence if verification is not readily available
and the person is seeking:
  (a) Health care services that are necessary for the treatment
of an emergency medical condition including labor or delivery;
  (b) Emergency disaster relief;
  (c) Immunizations;
  (d) Testing for communicable diseases and treatment of symptoms
of communicable diseases;
  (e) In-kind services that are delivered in the community
through public or private nonprofit entities, that are necessary
for the protection of life or safety and that are not means
tested;
  (f) Prenatal care; or
  (g) Primary or secondary education.

  (4) The verification requirement in subsection (2) of this
section is met if the person seeking employment or benefits:
  (a) Has a valid United States passport;
  (b) Has a valid Social Security number or identifying number
issued by the United States Department of Homeland Security;
  (c) Has a temporary or permanent driver license or
identification card issued by a state that requires proof of
citizenship or legal status;
  (d) Has a document issued by the United States Department of
Homeland Security showing lawful presence in the United States;
  (e) Has a birth certificate showing birth in the United States;
or
  (f) Is receiving or has received aid through a public
assistance program that requires verification of citizenship or
legal immigration status in the United States or through the
federal Supplemental Nutrition Assistance Program.
  (5) State agencies shall use available federal and state
matching databases to verify lawful presence as required by
subsection (2) of this section. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Lawfully present' means a person is a United States
citizen or has a lawful immigration status in accordance with
United States immigration laws.
  (b) 'License' means any written authority required by law or
regulation as a prerequisite to the conduct of a business, trade
or profession.
  (c) 'State agency' has the meaning given that term in ORS
183.750.
  (2) A person may not obtain a license from a state agency if
the person is not lawfully present in the United States.
  (3) A state agency may suspend, revoke or refuse to renew a
license if the licensee is not lawfully present in the United
States.
  (4) An agency suspending, revoking or refusing to renew a
license under subsection (3) of this section shall afford the
licensee an opportunity for a hearing under ORS 183.413 to
183.470. + }
  SECTION 3.  { + (1) A person who knowingly makes a false,
fictitious or fraudulent statement in an affidavit or a
declaration of lawful presence under section 1 or 2 of this 2011
Act is guilty of a violation of ORS 162.065. It is a separate
violation of ORS 162.065 each time a person seeks employment,
benefits or a license based upon an affidavit or declaration that
contains a false, fictitious or fraudulent statement.
  (2) As used in this section, 'declaration' means a sworn
statement described in ORCP 1 E. + }
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