Bill Text: OR HB4052 | 2012 | Regular Session | Introduced

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Bill Title: Relating to use of the E-Verify employment verification system in public employment; declaring an emergency.

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4052 Detail]

Download: Oregon-2012-HB4052-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 88

                         House Bill 4052

Sponsored by Representative THATCHER; Representatives BARKER,
  BERGER, BREWER, ESQUIVEL, FREEMAN, SPRENGER, THOMPSON,
  WHISNANT, WINGARD (Presession filed.)

                             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 state agencies to use federal E-Verify employment
verification system to verify employment eligibility of job
applicants. Instructs state agencies to report use of E-Verify
system to Oregon Department of Administrative Services. Requires
department to report annually to Legislative Assembly on use of
E-Verify system by state agencies. Authorizes department to adopt
rules.
  Creates Task Force on the Use of E-Verify by Public Employers.
Requires task force to report findings and recommendations to
interim legislative committee by October 1, 2012.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to use of the E-Verify employment verification system in
  public employment; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) All state agencies shall use the federal
E-Verify employment verification system to verify the eligibility
for employment in the United States of all employees hired on or
after January 1, 2013.
  (2) All state agencies shall report on the agency's use of the
E-Verify employment verification system to the Oregon Department
of Administrative Services. The report may include, but is not
limited to:
  (a) The total number of requests for verification made through
the E-Verify system in the reporting period;
  (b) The number of applicants verified as eligible for
employment;
  (c) The number of applicants for which eligibility for
employment could not be verified; and
  (d) The classification of the position applied for by each
applicant for employment.
  (3) The Oregon Department of Administrative Services shall
report annually by October 1, in the manner provided in ORS
192.245, to the President of the Senate, the Speaker of the House
of Representatives and the Legislative Assembly. The report must
include a summary of the reports submitted to the department by
state agencies under subsection (2) of this section during the
preceding fiscal year ending June 30.
  (4) The Oregon Department of Administrative Services shall
adopt rules necessary for the implementation and administration
of this section.
  (5) As used in this section, 'state agency' means any state
officer, board, commission, department, institution or agency of
the executive, judicial or legislative branches of state
government. 'State agency' also includes the Oregon University
System. + }
  SECTION 2.  { + Section 1 of this 2012 Act becomes operative on
January 1, 2013. + }
  SECTION 3.  { + The Director of the Oregon Department of
Administrative Services may take any action before the operative
date specified in section 2 of this 2012 Act that is necessary to
enable the Oregon Department of Administrative Services to
exercise, on or after the operative date specified in section 2
of this 2012 Act, the duties, functions and powers conferred on
the department by section 1 of this 2012 Act. + }
  SECTION 4.  { + (1) The Task Force on  + }  { +  the + }  { +
Use of E- + }  { +  Verify by Public Employers is established,
consisting of nine members appointed as follows:
  (a) The President of the Senate shall appoint:
  (A) Two members from among the members of the Senate, neither
of whom may be from the same political party;
  (B) One member who represents the interests of cities; and
  (C) One member who represents the interests of school
districts.
  (b) The Speaker of the House of Representatives shall appoint:
  (A) Two members from among members of the House of
Representatives, neither of whom may be from the same political
party;
  (B) One member who represents the interests of counties; and
  (C) One member who represents the interests of special
districts.
  (c) The Governor shall appoint one member who shall represent
the interests of the public.
  (2) The appointments required under subsection (1) of this
section shall be made by the appropriate appointing authority by
July 1, 2012.
  (3) The task force shall study issues related to requiring the
use of the federal E-Verify employment verification system to
verify the legal eligibility for employment of applicants for
positions with public employers in this state.
  (4) A majority of the voting members of the task force
constitutes a quorum for the transaction of business.
  (5) Official action by the task force requires the approval of
a majority of the voting members of the task force.
  (6) The task force shall elect one of its members to serve as
chairperson.
  (7) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
  (8) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the voting
members of the task force.
  (9) The task force may adopt rules necessary for the operation
of the task force.
  (10) The task force shall submit a report, and may include
recommendations for legislation, to an interim committee of the
Legislative Assembly related to labor and employment issues as
appropriate no later than October 1, 2012.
  (11) Permanent legislative staff shall provide staff support to
the task force.
  (12) Notwithstanding ORS 171.072, members of the task force who
are members of the Legislative Assembly are not entitled to
mileage expenses or a per diem and serve as volunteers on the
task force. Other members of the task force are not entitled to
compensation or reimbursement for expenses and serve as
volunteers on the task force.
  (13) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
  SECTION 5.  { + Section 4 of this 2012 Act is + }  { +
repealed on the date of the convening of the 2013 regular session
of the Legislative Assembly as specified in ORS 171.010. + }
  SECTION 6.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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