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 3567
 
                         House Bill 3516
 
Sponsored by Representative C EDWARDS; Representatives CLEM, D
  EDWARDS, ROBLAN
 
 
                             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 public body to verify lawful presence in United States
of applicants for assistance. Creates exceptions. Defines '
assistance.  '
  Provides that person who knowingly makes false, fictitious or
fraudulent statement in affidavit or declaration of lawful
presence commits crime of perjury. Punishes each separate
violation by maximum of five years' imprisonment, $125,000 fine,
or both.
 
                        A BILL FOR AN ACT
Relating to verification of lawful presence in United States for
  applicants for assistance.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. { +  (1) Except as provided in subsection (3) of
this section, any public body, as defined in ORS 174.109, must
verify that each applicant for assistance who is 18 years of age
or older is lawfully present in the United States. A person is
lawfully present if the person is a citizen or permanent legal
resident of the United States or is otherwise legally present in
the United States in accordance with federal immigration laws.
  (2) A public body shall enforce the requirement of subsection
(1) of this section without regard to race, religion, sex,
ethnicity or national origin.
  (3) A public body may not require an applicant to verify the
applicant's lawful presence:
  (a) If the applicant is seeking:
  (A) Health care services that are necessary for the treatment
of an emergency medical condition, including labor or delivery
services;
  (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; or
  (F) Prenatal care; or
 
 
  (b) If requiring verification would cause undue hardship on the
applicant and the applicant's lawful presence is not
questionable.
  (4) In lieu of other authentic documentation or reliable
evidence, the verification requirement in subsection (1) of this
section is met if the applicant:
  (a) Is receiving or has received public assistance conditioned
upon verification of citizenship or legal status in the United
States, or food stamp benefits;
  (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 or that issues a card in accordance
with the Real ID Act of 2005 (P.L. 109-13); or
  (d) Has a document issued by the United States Department of
Homeland Security showing lawful presence in the United States.
  (5) A public body shall use all federal and state matching
databases available to the public body to verify lawful presence
as required by subsection (1) of this section.
  (6) As used in this section and section 2 of this 2007 Act:
  (a) 'Assistance' means welfare, health or disability benefits,
public or government assisted housing, food and nutrition
programs or unemployment benefits.
  (b) 'Declaration' means a sworn statement described in ORCP 1
E.
  (c) 'Verify' means to provide authentic documentation,
affidavit, declaration or other reliable evidence of the truth of
an asserted fact. + }
  SECTION 2. { +  A person who knowingly makes a false,
fictitious or fraudulent statement in an affidavit or a
declaration of lawful presence under section 1 of this 2007 Act,
or who knowingly uses false information or fraudulent documents
to verify lawful presence, is guilty of a violation of ORS
162.065. It is a separate violation of ORS 162.065 each time a
person receives assistance based upon an affidavit or declaration
that contains a false, fictitious or fraudulent statement. + }
  SECTION 3.  { + Sections 1 and 2 of this 2007 Act apply to
applications for assistance filed on or after the effective date
of this 2007 Act. + }
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