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
Senate Bill 553
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 as
introduced.
Requires each person 16 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 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.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 4 of this 2003 Act:
(1) 'Foreign exchange student' means a person who:
(a) Is 17 years of age or younger;
(b) Enters the United States for the purpose of attending
school or participating in a program sponsored by a public or
private organization; and
(c) Is placed with a host family for one week or longer by a
host organization.
(2) 'Host family' means persons residing in a dwelling that is
the temporary home for a foreign exchange student.
(3) 'Host organization' means a person, partnership,
corporation or other entity, whether public or private, that
arranges the placement of foreign exchange students with host
families. + }
SECTION 2. { + (1) A host organization shall require a
completed application from a family that seeks to be a host
family.
(2) The application required under this section must include a
signed statement by each person residing in the dwelling who is
16 years of age or older. The signed statement shall:
(a) Declare that the person has never been convicted of a crime
referred to in ORS 342.143;
(b) Grant permission for a Law Enforcement Data System criminal
history check; and
(c) State the following: 'I hereby affirm that all of the
information I have provided in this application is true. (Making
a false statement on this application is a misdemeanor.)'.
(3) A host organization shall obtain criminal history data on
each person who submitted a signed statement under subsection (2)
of this section and shall deny an application if a person who
submitted a signed statement has been convicted of a crime
referred to in ORS 342.143.
(4)(a) A person who knowingly makes a false affirmation in an
application to become a host family is guilty of false swearing
and upon conviction shall be punished as provided in ORS 162.075.
(b) In addition to any punishment imposed under paragraph (a)
of this subsection, if a Law Enforcement Data System criminal
history check reveals that an applicant has been convicted of a
crime referred to in ORS 342.143 and the applicant provided false
information to the contrary on the application, the host
organization shall prevent the host family from participating in,
or continuing to participate in, a foreign exchange student
program.
(5) A host organization shall, upon request, provide an
applicant with a copy of ORS 342.143 or the relevant statutes of
crimes referred to in ORS 342.143. + }
SECTION 3. { + (1) Thirty days or more before the scheduled
arrival date of foreign exchange students, a host organization
shall notify the Department of Education that the host
organization is arranging for the placement of foreign exchange
students with host families.
(2) The notification required under this section must include
the name, address and contact telephone number of the host
organization and the expected arrival and departure dates of the
foreign exchange students.
(3) For the purpose of paying for investigations conducted
under section 4 of this 2003 Act, a host organization shall
include, along with each notification required by subsection (1)
of this section, $___ per family approved by the host
organization to be a host family.
(4) The Department of Education shall keep on file all
notifications received pursuant to subsection (1) of this section
and shall deposit all moneys received under subsection (3) of
this section in the Department of Education Account established
under ORS 326.115. + }
SECTION 4. { + (1) The Department of Education shall conduct
random inspections of the records of host organizations to ensure
compliance with sections 1 to 4 of this 2003 Act.
(2) A host organization shall open its records pertaining to
host families for any inspection conducted under subsection (1)
of this section.
(3) If a host organization is not in compliance with the
requirements of sections 1 to 4 of this 2003 Act, the department
shall issue a warning to the host organization for the
noncompliance. If a host organization has previously been
noncompliant and has previously received a warning, the
department shall seek an injunction to prohibit the host
organization from arranging for the placement of foreign exchange
students with host families. + }
SECTION 5. { + Sections 1 to 4 of this 2003 Act first apply to
applications from persons seeking to be host families that are
submitted on or after the effective date of this 2003 Act. + }
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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