72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 553
LC 1897/SB 553-4
SENATE AMENDMENTS TO
SENATE BILL 553
By COMMITTEE ON JUDICIARY
April 23
On page 1 of the printed bill, after line 2, insert:
' Whereas the health, safety and welfare of foreign exchange
students participating in a foreign exchange program in Oregon is
a state concern; and
' Whereas Oregon benefits when foreign exchange students who
receive a quality education and have positive living experiences
in Oregon share their experiences with people in their home
countries; and
' Whereas the presence of foreign exchange students in Oregon
increases Oregon residents' awareness of foreign countries and
cultures by encouraging Oregon residents to interact with foreign
exchange students; and
' Whereas the success of students in foreign exchange programs
can be increased by setting minimum standards for host
organizations; now, therefore,'.
Delete lines 4 through 29 and delete page 2 and insert:
' { + SECTION 1. + } { + As used in sections 1 to 5 of this
2003 Act:
' (1) 'Foreign exchange student' means a person who:
' (a) Is 20 years old or younger;
' (b) Enters the United States on a nonimmigrant visa or as
part of a visa waiver program for the purpose of attending a
public or private school in any grade between kindergarten and
grade 12; and
' (c) Is placed in a public or private school by a host
organization.
' (2) 'Host organization' means a person, partnership,
corporation or other entity that regularly arranges the placement
of foreign exchange students in public or private schools in this
state. + }
' { + SECTION 2. + } { + (1) A host organization that places
foreign exchange students in public or private schools in this
state shall register with the Secretary of State. Registration
does not constitute endorsement of the host organization by the
Secretary of State or by the State of Oregon.
' (2) A host organization shall register with the Secretary of
State by submitting to the secretary an application for
registration that is signed by the chief executive officer of the
host organization and by the person within the host organization
who has the primary responsibility for supervising placements of
foreign exchange students in public or private schools in this
state. The application for registration shall include:
' (a) Evidence that the host organization meets the standards
established by the Secretary of State under subsection (5) of
this section;
' (b) The name, address and telephone number of the host
organization;
' (c) The name of the chief executive officer of the host
organization;
' (d) The name of the person within the host organization who
has the primary responsibility for supervising placements of
foreign exchange students in public or private schools in this
state;
' (e) A list of placements by the host organization in this
state for the previous academic year, including the number of
foreign exchange students placed, the home countries of the
foreign exchange students, the school districts or private
schools in which the foreign exchange students were placed and
the length of the placements of the foreign exchange students;
' (f) If applicable, the program designation number issued to
the host organization by the Office of Exchange Coordination and
Designation within the United States Department of State, or any
successor entity to the office;
' (g) If applicable, the listing of the host organization by
the Council on Standards for International Educational Travel;
' (h) If applicable, evidence that the host organization is
exempt from federal income tax; and
' (i) Any other information required by the Secretary of State
by rule.
' (3) The Secretary of State may establish by rule a fee, not
to exceed $50, that a host organization must include with an
application for registration submitted under subsection (2) of
this section. The fee shall be used by the Secretary of State for
the purpose of defraying costs incurred by the secretary in the
administration of sections 1 to 5 of this 2003 Act.
' (4) Information provided to the Secretary of State under
subsection (2) of this section is a public record.
' (5) The Secretary of State shall review each application
submitted under subsection (2) of this section for completeness
and for compliance with standards adopted by the secretary. The
standards adopted by the Secretary of State shall, at a minimum:
' (a) Take into consideration standards established by the
Office of Exchange Coordination and Designation within the United
States Department of State, or any successor entity to the
office, and standards established by the Council on Standards for
International Educational Travel; and
' (b) Require that a host organization:
' (A) Before approving an application for a host family, ask
each person who is 18 years of age or older and who resides in
the dwelling of an applicant family if the person has been
convicted of a crime; and
' (B) Establish rules concerning the crimes that will cause the
host organization to exclude an applicant family from being
considered a host family if one or more persons described in
subparagraph (A) of this paragraph have been convicted of one or
more crimes.
' (6) After reviewing an application under subsection (5) of
this section, the Secretary of State may approve the application
for registration. The registration is valid for one year and may
be renewed annually in accordance with rules adopted by the
Secretary of State.
' (7) A host organization that is registered under subsection
(6) of this section shall inform the Secretary of State of any
changes in the information required under subsection (2) of this
section within 30 days of the change.
' (8)(a) Upon proof by a preponderance of the evidence that a
host organization placing foreign exchange students in this state
has failed to register under this section, the host organization
shall forfeit and pay a civil penalty of not more than $1,000 for
an initial violation. For a second or subsequent violation, the
host organization shall forfeit and pay a civil penalty of not
more than $5,000 for each violation.
' (b) A court may award reasonable attorney fees and costs of
investigation, preparation and litigation to the Secretary of
State if the secretary prevails in an action under this
subsection. The court may award reasonable attorney fees and
costs of investigation, preparation and litigation to a defendant
who prevails in an action under this subsection if the court
determines that the Secretary of State had no objectively
reasonable basis for asserting the claim or no reasonable basis
for appealing an adverse decision of the trial court.
' (9) A person who willfully and knowingly provides false or
incorrect information under subsection (2) of this section is
guilty of a Class B misdemeanor. + }
' { + SECTION 3. + } { + (1) On a date established by rule
of the Secretary of State, the secretary shall provide annually a
list of all host organizations registered under section 2 of this
2003 Act to the Superintendent of Public Instruction and to each
private school registered under ORS 345.505 to 345.575.
' (2) The superintendent shall distribute annually to school
district boards of this state the list received by the
superintendent under subsection (1) of this section. + }
' { + SECTION 4. + } { + (1) Before placing a foreign
exchange student, a host organization that is registered under
section 2 of this 2003 Act shall provide an informational
document to:
' (a) The foreign exchange student;
' (b) The host family; and
' (c) The school district board of the school district in which
the foreign exchange student is placed or the private school in
which the foreign exchange student is placed.
' (2) The informational document required under this section
shall include:
' (a) An explanation of the services performed by the host
organization for the foreign exchange student, host family and
school district board or private school;
' (b) A summary of sections 1 to 5 of this 2003 Act, as
prepared by the Secretary of State; and
' (c) Telephone numbers that the foreign exchange student, host
family, school district board or private school may call for
assistance, including, at a minimum:
' (A) An in-state telephone number of the host organization;
' (B) If applicable, the telephone number of the national
headquarters of the host organization;
' (C) If applicable, the telephone number of the Office of
Exchange Coordination and Designation within the United States
Department of State, or any successor entity to the office; and
' (D) The telephone number of the Office of the Secretary of
State. + }
' { + SECTION 5. + } { + (1) Upon receipt of a complaint
involving a host organization, the Secretary of State may report
the complaint to the host organization that is the subject of the
complaint, to the Office of Exchange Coordination and Designation
within the United States Department of State, or any successor
entity to the office, or to the Council on Standards for
International Educational Travel.
' (2) A person who willfully and knowingly gives false or
incorrect information involving a complaint made under this
section is guilty of a Class B misdemeanor. + }
' { + SECTION 6. + } { + 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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