71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2884
LC 1363/HB 2884-6
HOUSE AMENDMENTS TO
HOUSE BILL 2884
By COMMITTEE ON JUDICIARY
April 27
On page 1 of the printed bill, line 2, after 'ORS' insert '
181.538 and'.
Delete lines 5 through 29 and delete page 2 and insert:
' { + SECTION 1. + } { + (1) As used in this section:
' (a) 'Authorized agency' means the Department of State Police
or other governmental agency designated by the state to report,
receive or disseminate criminal offender information.
' (b) 'Qualified entity' means a business or organization that:
' (A) Provides care or placement services, or licenses or
certifies others to provide care or placement services, for
children, elderly persons or dependent persons;
' (B) Is not governed by a state regulatory or licensing
agency; and
' (C) Has been determined by an authorized agency to meet the
criteria established by the authorized agency by rule under
subsection (9) of this section.
' (c) 'Subject individual' means a person who is employed or
seeks to be employed by a qualified entity or who is providing
services or seeks to provide services to a qualified entity on a
contractual or volunteer basis.
' (2) An entity may request from an authorized agency a
criminal records check for purposes of evaluating the fitness of
a subject individual as an employee, contractor or volunteer. The
authorized agency may access state and federal criminal records
under this subsection only through use of the subject
individual's fingerprints.
' (3) Before an authorized agency may conduct a criminal
records check under this section:
' (a) The authorized agency shall determine whether the entity
requesting the criminal records check is a qualified entity;
' (b) The qualified entity must establish criteria to be used
by the authorized agency in reviewing the criminal offender
information for a final record check determination;
' (c) The qualified entity must provide the criteria
established under paragraph (b) of this subsection to the
authorized agency; and
' (d) The qualified entity must have informed the subject
individual that the qualified entity might request a
fingerprint-based criminal records check and that the subject
individual may obtain a copy of the record check report from, or
challenge the accuracy or completeness of the record check report
through, the authorized agency or the Federal Bureau of
Investigation.
' (4)(a) Upon receipt of a subject individual's criminal
offender information, the authorized agency shall make a final
record check determination by comparing the criminal offender
information with the criteria provided to the authorized agency
by the qualified entity under subsection (3)(c) of this section.
In making the final record check determination, the authorized
agency may consider only information that the Department of State
Police may disclose under ORS 181.560.
' (b) An authorized agency is immune from civil liability that
might otherwise be incurred or imposed for making the final
record check determination under this subsection.
' (5) An authorized agency may not transfer a fingerprint card
used to conduct the criminal records check unless the public
agency or person receiving the fingerprint card agrees to destroy
or return the fingerprint card to the authorized agency.
' (6) If the public agency or person returns a fingerprint card
to the authorized agency, the authorized agency shall destroy the
fingerprint card. The authorized agency may not keep a record of
the fingerprints.
' (7) The authorized agency shall permit a subject individual
to inspect the individual's Oregon and Federal Bureau of
Investigation criminal offender information after positive
identification has been established based upon fingerprints.
' (8) Challenges to the accuracy or completeness of information
provided by the authorized agency, the Federal Bureau of
Investigation and agencies reporting information to the
authorized agency or bureau must be made through the authorized
agency or bureau.
' (9) The authorized agency shall adopt rules to implement this
section. The rules may include but are not limited to:
' (a) Criteria to be used by the authorized agency to determine
whether an entity is a qualified entity; and
' (b) Fees to be charged for conducting criminal records checks
under this section in amounts not to exceed the actual costs of
acquiring and furnishing criminal offender information. + } ' .
On page 3, delete lines 1 and 2.
In line 34, delete '$____ ' and insert '$18,000'.
After line 35, insert:
' { + SECTION 4. + } ORS 181.538 is amended to read:
' 181.538. (1) Upon the request of a Native American tribe, and
in compliance with procedures adopted by the Department of State
Police under ORS 181.555, the Department of State Police shall
furnish to the authorized staff of the Native American tribe such
information on a subject individual or contractor as the
Department of State Police may have in its possession from its
central bureau of criminal identification, including but not
limited to manual or computerized criminal offender information.
With the approval of the Department of State Police, a local law
enforcement agency may furnish the information described in this
subsection to a Native American tribe.
' (2)(a) Subsequent to furnishing the information required
under subsection (1) of this section, the Department of State
Police shall conduct nationwide criminal records checks of the
subject individual or contractor through the Federal Bureau of
Investigation by use of the subject individual's or contractor's
fingerprints and shall report the results to the staff of the
Native American tribe, who must be specifically authorized to
receive the information. In accordance with the procedures of the
Department of State Police, a local law enforcement agency may
conduct the criminal records check described in this paragraph if
the local law enforcement agency has received approval under
subsection (1) of this section.
' (b) The Department of State Police shall return the
fingerprint cards to the Native American tribe.
' (3) For purposes of requesting and receiving the information
and data described in subsections (1) and (2) of this section,
Native American tribes are designated agencies for purposes of
ORS 181.010 to 181.560 and 181.715 to 181.730.
' (4) As used in this section:
' (a) 'Contractor' means any natural person or corporation,
trust, association, partnership, joint venture, subsidiary or
other business entity with whom a Native American tribe intends
to contract for the purpose of providing supplies or services
related to tribal gaming, or any control person of a contractor.
' (b) 'Control person' means:
' (A) In a privately owned corporation, the officers, directors
and stockholders of the parent company and, if applicable, each
of its subsidiaries.
' (B) In a publicly owned corporation, the officers and
directors of the parent company, each of its subsidiaries and
stockholders owning at least 15 percent of the company's stock.
' (C) In a trust, the trustee and all persons entitled to
receive income or benefit from the trust.
' (D) In an association, the members, officers and directors.
' (E) In a partnership or joint venture, the general partners,
limited partners or joint venturers.
' (F) A member of the immediate family of any of the persons
listed in subparagraphs (A) to (E) of this paragraph if the
person is involved in the business.
' (G) A subcontractor of a contractor, if the subcontractor
performs more than 50 percent of the contractor's contract with
the Native American tribe.
' (c) 'Native American tribe' means any recognized Native
American tribe or band of tribes { + :
' (A) + } Authorized by the Indian Gaming Regulatory Act of
October 17, 1988 (Public Law 100-497), 25 U.S.C. 2701 et seq.,
and the State of Oregon to conduct gambling operations on tribal
land { + ; or
' (B) Eligible for special programs and services provided by
the United States to Indians because of their status as
Indians + }.
' (d) 'Subject individual' means a person who is { + :
' (A) + } Applying for employment at a tribal gaming facility
as a key employee, high security employee, low security employee
or management employee { + ; or
' (B) Employed or applying for employment with a tribal
government or agency responsible for child care, child welfare,
law enforcement, education, health care, housing or social
services + }.'.
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