Bill Text: OR HB2721 | 2013 | Regular Session | Introduced


Bill Title: Relating to reporting fraud; declaring an emergency.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2721 Detail]

Download: Oregon-2013-HB2721-Introduced.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1022

                         House Bill 2721

Sponsored by Representatives HANNA, WHISNANT

                             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 employees involved in administration of public
assistance programs to report suspected fraud using procedures
adopted by Department of Human Services or Oregon Health
Authority.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to reporting fraud; amending ORS 411.630; and declaring
  an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 411.630 is amended to read:
  411.630. (1) A person may not knowingly obtain or attempt to
obtain, for the benefit of the person or of another person, any
public assistance to which the person or other person is not
entitled under state law by means of:
  (a) Any false representation or fraudulent device  { - , - }
 { + ; + } or
  (b) Failure to immediately notify the Department of Human
Services or the Oregon Health Authority, if required, of the
receipt or possession of property or income, or of any other
change of circumstances,   { - which - }   { + that + } directly
affects the eligibility for, or the amount of, the assistance.
  (2) A person may not transfer, conceal or dispose of any money
or property with the intent:
  (a) To enable the person to meet or appear to meet any
requirement of eligibility prescribed by state law or by rule of
the department or the authority for any type of general
assistance or public assistance; or
  (b) Except as to a conveyance by the person to create a tenancy
by the entirety, to hinder or prevent the department or the
authority from recovering any part of any claim it may have
against the person or the estate of the person.
  (3) A person may not knowingly aid or abet any person to
violate any provision of this section.
  (4) A person may not receive, possess or conceal any money or
property of an applicant for or recipient of any type of general
assistance or public assistance with the intent to enable the
applicant or recipient to meet or appear to meet any requirement
of eligibility referred to in subsection (2)(a) of this section
or, except as to a conveyance by the applicant or recipient to
create a tenancy by the entirety, with the intent to hinder or
prevent the department or the authority from recovering any part
of any claim it may have against the applicant or recipient or
the estate of the applicant or recipient.
   { +  (5) Any public employee involved in the administration of
public assistance programs who has cause to believe that a person
is violating this section must make a report in accordance with
procedures that shall be adopted by the department or the
authority to facilitate public employee reporting of violations
of this section. + }
  SECTION 2.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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