73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2851
House Bill 3259
Sponsored by Representatives BEYER, BUCKLEY (at the request of
Bill of Rights Defense Coalition)
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 use of state funds and resources for implementation
of Homeland Security Act, Foreign Intelligence Surveillance Act
or USA Patriot Act.
Prohibits state employee from using state resources for sole
purpose of detecting persons suspected of being undocumented or
illegally residing in United States.
Requires document issued by foreign authority to be accepted in
situations where presentation of Oregon driver license is
customarily accepted as evidence of identity.
Prohibits state employee on official business from entering
religious institution or political meeting for purpose of
gathering information unless employee identifies self as state
employee and specifies purpose of visit.
Requires Governor to monthly notify Legislative Assembly of
request from federal agency for state participation in activity
initiated under authority of Homeland Security Act or USA Patriot
Act. Requires Governor to publish notice detailing information
related to request.
Requires state employee to notify Governor within 24 hours if
contacted by agency requesting cooperation in investigation,
interrogation or arrest under provisions of Homeland Security
Act, USA Patriot Act or related executive orders.
Requires posting in all state offices of notice informing state
employees of requirements under this Act.
Authorizes resident of Oregon to bring suit in equity for
violation of this Act.
A BILL FOR AN ACT
Relating to civil liberties.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The State of Oregon finds that:
(a) The outcry for increased national security resulting from
the terrorist attacks on the United States that occurred on
September 11, 2001, causes a need for reaffirmation of our
constitutional values.
(b) A restriction of civil liberties in the United States
constitutes a defeat of our founding principles and a victory for
the perpetrators of the attacks on September 11, 2001.
(c) The state seeks to limit government intrusion into the
personal lives of the residents of Oregon.
(d) The residents of Oregon have a right to be free from
profiling, discrimination and searches and seizures without
probable cause, and a right to judicial oversight and due process
of law.
(e) Section 8, Article I of the Oregon Constitution, states
that 'No law shall be passed restraining the free expression of
opinion, or restricting the right to speak, write, or print
freely on any subject whatever; but every person shall be
responsible for the abuse of this right. '
(f) Section 9, Article I of the Oregon Constitution, states
that 'No law shall violate the right of the people to be secure
in their persons, houses, papers, and effects, against
unreasonable search, or seizure; and no warrant shall issue but
upon probable cause, supported by oath, or affirmation, and
particularly describing the place to be searched, and the person
or thing to be seized. '
(g) Section 10, Article I of the Oregon Constitution, states
that 'No court shall be secret, but justice shall be
administered, openly and without purchase, completely and without
delay, and every man shall have remedy by due course of law for
injury done him in his person, property, or reputation. '
(h) Section 26, Article I of the Oregon Constitution, states
that 'No law shall be passed restraining any of the inhabitants
of the State from assembling together in a peaceable manner to
consult for their common good; nor from instructing their
Representatives; nor from applying to the Legislature for redress
of grievances. '
(i) The provisions of the United States Constitution and the
Oregon Constitution are operative alike in a period of war or of
peace and any departure or violation of these constitutional
provisions under a plea of necessity, or any other plea, is
subversive of good government and leads to anarchy or despotism.
(j) At least 370 municipalities, counties and states have
passed resolutions or ordinances to protect their residents from
excesses of the federal government following September 11, 2001.
(k) A significant number of Oregon residents have expressed
concern sufficient to warrant change in the statutes governing
the actions state and local law enforcement agencies take in
cooperation with agencies of the federal government.
(2) It is the purpose of this 2005 Act to:
(a) Preserve and uphold freedom of speech, religion, assembly,
press, privacy and all other rights guaranteed in the Oregon
Constitution, specifically ensuring that no person shall be
secretly detained in the State of Oregon.
(b) Preserve and uphold the right to counsel and due process in
judicial proceedings and the right to be free from unreasonable
searches and seizures.
(c) Ensure that Oregon law enforcement agencies do not infringe
upon constitutionally protected rights even if requested,
authorized or directed to do so by federal agencies acting under
powers created by the USA Patriot Act, the Homeland Security Act
(P.L. 107-296) or related executive orders or Attorney General
guidelines issued after September 11, 2001.
(d) Clarify the communication and enforcement relationship
between the State of Oregon and the United States Departments of
Justice and Homeland Security and other federal agencies with
respect to the USA Patriot Act and federal immigration laws,
specifically clarifying that the State of Oregon works
cooperatively with federal agencies, but does not enforce federal
immigration laws.
(e) Protect the inalienable rights and fundamental liberties
guaranteed under the Oregon Constitution, specifically ensuring
that profiling is not practiced by Oregon state employees
including, but not limited to, law enforcement personnel. + }
SECTION 2. { + As used in this 2005 Act:
(1) 'Attorney General guidelines issued after September 11,
2001' means any directive issued by the Attorney General of the
United States after September 11, 2001, that allows law
enforcement agencies to attend political meetings, rallies or
church services without probable cause or to withhold government
information otherwise available under the Freedom of Information
Act (5 U.S.C. 552).
(2) 'Executive orders issued after September 11, 2001 ' means
any executive order signed by the President of the United States
after September 11, 2001, designating military tribunals and
enemy combatants.
(3) 'Profiling' means an action based upon a person's actual,
apparent or perceived race, ethnicity, national origin, religion,
gender, sexual orientation, political or religious association or
socio-economic status, rather than the person's behavior.
(4) 'State employee' means any person who works for wages,
salary or commission, or a combination thereof, in the service of
the State of Oregon.
(5) 'USA Patriot Act' means the Uniting and Strengthening
America by Providing Appropriate Tools Required to Interrupt and
Obstruct Terrorism Act of 2001 (P.L. 107-56). + }
SECTION 3. { + (1) A state employee may not participate in the
detention of any person that lasts for more than 24 hours without
charging the person with a crime. Each person arrested by a state
employee must be provided the opportunity to consult with legal
counsel.
(2) A state employee may not stop, detain, search or question
any person solely as a result of profiling that person.
(3) A state employee may not participate in electronic
eavesdropping or intercepting Internet transmissions without a
warrant.
(4) A state employee may not monitor any private telephone or
computer transmission or personal correspondence without a
warrant specific to the sender or receiver of the transmission or
correspondence.
(5) Except to comply with subpoenas issued in accordance with
the Oregon Constitution or to verify eligibility for employment
in accordance with federal laws, a state employee may not use
state resources for the purpose of detecting or apprehending
persons whose only suspected violation of law is being
undocumented or illegally residing in the United States.
(6) Where presentation of an Oregon driver license is
customarily accepted as adequate evidence of identity,
presentation of a photo identity document issued by the person's
nation of origin shall also be accepted as adequate evidence of
identity. A person who presents such a document as evidence of
identity shall not be subjected to a higher level of scrutiny or
different treatment than the person would have received if the
person had provided an Oregon driver license.
(7) A state employee may not use a lethal or nonlethal weapon
against a nonviolent person.
(8) The State of Oregon and its employees may not assist with
any investigation or prosecution that infringes upon the right to
the free exercise of religion, which includes the practices of
participating in congregational prayer and making contributions
to serve the needy and the common good. + }
SECTION 4. { + (1) The state may not expend funds for or
participate in any federal task force designed to implement the
following legislation, if the legislation conflicts with the
Oregon Constitution or Oregon Revised Statutes:
(a) The USA Patriot Act;
(b) The Foreign Intelligence Surveillance Act of 1978 (P.L.
95-511);
(c) The Homeland Security Act of 2002 (P.L. 107-296);
(d) Executive orders issued after September 11, 2001; and
(e) Attorney General guidelines issued after September 11,
2001.
(2) A state employee may not participate in any investigation,
interrogation or arrest procedure in violation of civil rights or
civil liberties as specified in the Oregon Constitution.
(3) A state employee may not participate in the execution of
national security letters or other subpoenas seeking personal or
private records related to financial, educational, library,
medical or other records without judicial authority consistent
with the Oregon Constitution.
(4) A state employee may not participate in the execution of a
warrant issued under the authority of the Foreign Intelligence
Surveillance Act of 1978 unless the employee has reviewed the
application for the warrant and determined that its sole purpose
concerns domestic espionage or terrorism.
(5) A state employee on official business may not enter a
religious institution, including but not limited to a mosque,
church or temple, or enter a political meeting, for the purpose
of gathering information, without clearly indicating that the
employee is a state employee and specifying the purpose for the
visit.
(6) A state employee on official business may not gather
information from mosques, churches, temples or political meetings
unless the information to be gathered directly relates to an
investigation of criminal activities and the state employee has
reasonable grounds to suspect that the subject of the information
is or may be involved in criminal conduct. + }
SECTION 5. { + (1) Any resident of the State of Oregon shall
have standing to bring a suit in equity for any violation of this
2005 Act.
(2) A court may award reasonable attorney fees to a plaintiff
who succeeds in any action brought under subsection (1) of this
section. + }
SECTION 6. { + (1) If a federal agency requests that the state
participate in any activities initiated under the authority of
the USA Patriot Act or the Homeland Security Act (P.L. 107-296),
the Governor shall monthly advise the Legislative Assembly in a
written report specifying the following:
(a) The name of the federal agency making the request;
(b) The authority under which the request is made;
(c) The date of the request;
(d) The action requested;
(e) The state's response; and
(f) An estimate of staff time and other resources required by
the request.
(2) The Governor shall monthly publish in newspapers of general
circulation throughout the state a notice detailing the
information set forth in subsection (1) of this section.
(3) A state employee shall, within 24 hours, notify the
Governor when, in the course of state employment, the employee is
contacted by any federal agency and asked to cooperate in or
assist with an investigation, interrogation or arrest procedure
under the provisions of the USA Patriot Act, the Homeland
Security Act or related executive orders. Within 24 hours of
receipt of notification from the state employee, the Governor
shall report to the Legislative Assembly and the public,
specifying the federal agency seeking cooperation or assistance
and the actions requested of the state employee. + }
SECTION 7. { + The state shall permanently and prominently
post in all state offices a notice that states the following: + }
________________________________________________________________
{ + As a state employee, you must promptly notify the
Governor when any federal agency requests that you cooperate with
any investigation, interrogation or arrest procedure conducted
under the USA Patriot Act (Public Law 107-56) or the Homeland
Security Act (Public Law 107-296).
Requests may include, but are not limited to:
(1) Questioning an Oregon resident without a specific
investigation of criminal activity and reasonable grounds to
suspect that the subject of the questioning is involved in
criminal conduct.
(2) Facilitating wiretaps, surveillance or electronic
eavesdropping without a specific warrant.
(3) Assisting in an investigation for the purpose of detecting
the presence of undocumented persons or verifying immigration
status.
(4) Assisting in a 'sneak and peek search' in which the person
being searched will not be notified prior to the search.
(5) Assisting in the collection of information about, or the
investigation of, a mosque, church, temple or political meeting,
without direct relation to an investigation of criminal activity
and reasonable grounds to suspect the subject of the inquiry is
involved in criminal conduct.
(6) Assisting in the use of lethal or nonlethal weapons against
a nonviolent person. + }
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