74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3570
House Bill 3513
Sponsored by Representative ROBLAN; Representatives CLEM, C
EDWARDS, D EDWARDS, GALIZIO
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 person from knowingly employing or knowingly
permitting labor services of illegal alien on project financed by
state grant or loan. Creates affirmative defense to violation.
Requires payment of penalty interest or repayment of grant or
loan for certain violations. Makes person required to pay penalty
interest or repay grant or loan ineligible to apply for state
grant or loan for period of two years.
A BILL FOR AN ACT
Relating to prohibition on use of illegal labor on project
financed by state grant or loan.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 1 to 5 of this 2007 Act may be cited
as the Prohibition of Illegal Alien Labor on Assisted Projects
Act. + }
SECTION 2. { + As used in sections 1 to 5 of this 2007 Act:
(1) 'Executive department' has the meaning given that term in
ORS 174.112.
(2) 'Illegal alien' means a noncitizen of the United States who
is violating federal immigration laws and is providing
compensated labor within this state.
(3) 'Project' means an activity that uses labor services,
financed in whole or in part by a grant or loan issued by the
executive department. + }
SECTION 3. { + (1) A person may not knowingly employ or
knowingly permit the labor services of an illegal alien on a
project. A person is deemed to have knowingly employed or
knowingly permitted the prohibited services if the person knows
or has reason to know that the prohibited services have been
provided on the project.
(2) It is an affirmative defense to a violation of subsection
(1) of this section if the person contracts with a contractor to
provide labor on a project and establishes that the person:
(a) Required the contractor to certify compliance with the
requirements of section 274A of the Immigration Reform and
Control Act of 1986 with respect to the hiring, recruiting or
referral for employment of an alien in the United States; and
(b) Notified the appropriate federal authority if the person
knew that the contractor used labor by an illegal alien. + }
SECTION 4. { + (1) As a condition of a grant, the executive
department shall require full repayment of the grant if section 5
of this 2007 Act applies.
(2) As a condition of a loan, the executive department shall
require payment of penalty interest, calculated as the difference
between the stated interest in the loan agreement and the
interest specified in ORS 82.010, if section 5 of this 2007 Act
applies. The executive department may also direct repayment of
the loan. + }
SECTION 5. { + (1) Payment or repayment under section 4 of
this 2007 Act is required if:
(a) The person that received the grant or loan is sentenced
under federal law for an offense involving knowing use of labor
by an illegal alien on a project; or
(b)(A) A contractor on the project is sentenced under federal
law for an offense involving knowing use of labor by an illegal
alien on a project; and
(B) The person that received the grant or loan knew or had
reason to know of the contractor's knowing use of labor by an
illegal alien on the project.
(2) A person that is required to pay penalty interest or repay
a grant or loan under section 4 of this 2007 Act is ineligible to
apply for any state grant or loan for a period of two years. + }
SECTION 6. { + Sections 1 to 5 of this 2007 Act apply to
grants and loans issued on or after the effective date of this
2007 Act. + }
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