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 1897
A-Engrossed
Senate Bill 553
Ordered by the Senate April 23
Including Senate Amendments dated April 23
Sponsored by Senator WALKER; Senators DECKERT, RINGO,
Representatives HOPSON, TOMEI
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.
{ + Requires host organization to register with Secretary of
State. Imposes penalties for failure to register or providing
false information. + }
Requires each person { - 16 - } { + 18 + } years of age or
older who resides in dwelling of family applying to serve as host
family for foreign exchange student to make declaration that
person has never been convicted of certain crimes. Requires host
organization to { + establish by rule crimes that will cause
host organization to + } deny application { - if person has
been convicted of certain crimes - } .
{ - Authorizes Department of Education to make random
inspections of host organization records to ensure
compliance. - }
Declares emergency, effective July 1, 2003.
A BILL FOR AN ACT
Relating to host organizations; and declaring an emergency.
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,
Be It Enacted by the People of the State of Oregon:
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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