71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1363
A-Engrossed
House Bill 2884
Ordered by the House April 27
Including House Amendments dated April 27
Sponsored by Representative KAFOURY
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.
Authorizes entities to request criminal offender information
from { - Department of State Police - } { + authorized
agency + }. Requires
{ - department - } { + authorized agency + } to conduct
criminal records check if { - department - } { + authorized
agency + } determines entity is qualified entity. Defines
{ + authorized agency and + } qualified entity. { - Requires
agreement between department and qualified entity prior to
conducting criminal records check. - } Requires Department
{ + of State Police + } to waive fees otherwise charged for
fingerprint-based criminal records checks on volunteers of
certain nonprofit qualified entities. { + Expands types of
subject individuals about whom Native American tribe can request
department to provide criminal offender information. + }
A BILL FOR AN ACT
Relating to criminal offender information; creating new
provisions; amending ORS 181.538 and 181.556; and appropriating
money.
Be It Enacted by the People of the State of Oregon:
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. + }
SECTION 2. ORS 181.556 is amended to read:
181.556. { + (1) + } When the Department of State Police is
asked to provide criminal offender information under ORS 181.555
(2) { + or section 1 of this 2001 Act + }, the department shall
waive any fee otherwise charged by the department for providing
the information if:
{ - (1) - } { + (a) + } The request is made by { - a
nonprofit - } { + an + } organization { - that operates
mentoring or tutoring programs - } ; and
{ - (2) - } { + (b) + } The individual about whom the
criminal offender information is sought is a volunteer, or
prospective volunteer, of the { - nonprofit - } organization.
{ + (2) In addition to waiving any fee otherwise charged by
the department, the department may not charge the individual or
organization the fee charged by the Federal Bureau of
Investigation for conducting nationwide criminal records checks.
(3) As used in this section:
(a) 'Dependent person' means a person who, because of physical
or mental disability, or medical disability due to alcohol or
drug dependence, needs mentoring or tutoring programs.
(b) 'Elderly person' means a person 65 years of age or older.
(c) 'Mentoring program' means a program that provides a
committed, sustained, one-to-one relationship between a volunteer
and a youth, dependent person or elderly person that allows the
youth, dependent person or elderly person to achieve that
person's greatest potential. A sustained relationship typically
lasts nine months or longer.
(d) 'Organization' means a qualified entity that:
(A) Is exempt from taxation under section 501(c) of the
Internal Revenue Code, as amended and in effect on the effective
date of this 2001 Act; and
(B) Provides mentoring programs or tutoring programs.
(e) 'Qualified entity' has the meaning given that term in
section 1 of this 2001 Act.
(f) 'Tutoring program' means a program that provides a
committed, sustained, one-to-one relationship between a volunteer
and a youth, dependent person or elderly person based upon a
specified activity that increases specific skills of the youth,
dependent person or elderly person. A sustained relationship
typically lasts nine months or longer.
(g) 'Youth' means a person who has not attained 18 years of
age. + }
SECTION 3. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of State
Police, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $18,000, which may be expended for
paying the fees required to be waived under ORS 181.556. + }
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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