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
 
                         House Bill 2884
 
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 as
introduced.
 
  Authorizes entities to request criminal offender information
from Department of State Police. Requires department to conduct
criminal records check if department determines that entity is
qualified entity. Defines qualified entity. Requires agreement
between department and qualified entity prior to conducting
criminal records check. Requires department to waive fees
otherwise charged for fingerprint-based criminal records checks
on volunteers of certain nonprofit qualified entities.
 
                        A BILL FOR AN ACT
Relating to criminal offender information; creating new
  provisions; amending ORS 181.556; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) An entity may request from the Department
of State Police a criminal records check to obtain criminal
offender information on a subject individual for purposes of
evaluating the fitness of the subject individual as an employee
or volunteer.
  (2) Before the department may conduct a criminal records check
under this section:
  (a) The department must determine whether the entity is a
qualified entity; and
  (b) If the entity is determined to be a qualified entity, the
department and the qualified entity must enter into an agreement
regarding the use of information provided to the qualified entity
as a result of a criminal records check. The agreement must
include provisions dealing with the retention of information and
must incorporate the hiring policy of the qualified entity,
describing how information provided by a criminal records check
will be utilized by the qualified entity.
  (3) If a nationwide criminal records check is deemed necessary
for a subject individual, the qualified entity shall request the
department to conduct the criminal records check, including
fingerprint identification, through the Federal Bureau of
Investigation. The department shall send the results to the
requesting qualified entity. The department shall also furnish
such information as the department may have in its possession
from its central bureau of criminal identification, including but
not limited to manual or computerized information.
  (4) The Federal Bureau of Investigation may either return or
destroy the fingerprint cards used to conduct the criminal
records check and may not keep any record of the fingerprints. If
the bureau policy authorizing return or destruction of the
fingerprint cards is changed, the department shall cease to send
the cards to the Federal Bureau of Investigation but shall
continue to process the information through other available
resources.
  (5) If the Federal Bureau of Investigation returns the
fingerprint cards to the department, the department shall retain
the cards.
  (6) The department shall permit a subject individual to inspect
the individual's Oregon criminal offender record. However, any
criminal offender records and information furnished to the
requesting qualified entity by the Federal Bureau of
Investigation through the department may not be disseminated to
the subject individual.
  (7)(a) The qualified entity shall determine whether a subject
individual is fit to hold a position, provide services or be
employed by the qualified entity based on the criminal offender
information obtained pursuant to this section, any false
statements made by the subject individual regarding the criminal
history of the individual and any refusal to submit or consent to
a criminal records check, including fingerprint identification.
If a subject individual is determined to be unfit, then that
individual may not hold the position, provide services or be
employed by the qualified entity.
  (b) The qualified entity is immune from any civil liability
that might otherwise be incurred or imposed for determining
pursuant to this subsection that a subject individual is not fit
to hold a position, provide services or be employed by the
qualified entity. A qualified entity that in good faith complies
with this section is not liable for its failure to hire a
prospective employee or volunteer or for its decision to
discharge an employee or volunteer on the basis of the fitness
determination. A qualified entity or an employee of this state is
not liable for defamation, invasion of privacy, negligence or any
other civil claim in connection with the lawful dissemination of
information lawfully obtained under this section.
  (8) Challenges to the accuracy or completeness of information
provided by the department, the Federal Bureau of Investigation
and agencies reporting information to the department or bureau
must be made through the department, bureau or agency.
  (9) The department shall adopt rules to implement this section.
The rules may include but are not limited to:
  (a) Establishing criteria to be utilized in determining whether
an entity is a qualified entity; and
  (b) Establishing fees in amounts not to exceed the actual costs
of acquiring and furnishing criminal offender information.
  (10) Criminal offender information is confidential. The
department shall adopt rules to restrict dissemination of
information received under this section to persons with a
demonstrated and legitimate need to know the information. A
qualified entity receiving information under this section is
bound by the rules of disclosure adopted by the department.
  (11) If a subject individual refuses to consent to the criminal
records check or refuses to be fingerprinted, the qualified
entity shall deny or terminate the individual's employment or
provision of services on a contractual or volunteer basis.
  (12) If a qualified entity requires a criminal records check of
employees or other persons, the application forms of the
qualified entity must contain a notice that employment or
provision of services on a contractual or volunteer basis is
subject to fingerprinting and a criminal records check as
required by this section.
  (13) As used in this section:
  (a) 'Qualified entity' means an entity that:
  (A) Is not governed by the provisions of ORS 181.537; and
  (B) Has been determined to meet the criteria established by the
department by rule under subsection (9) of this section.
  (b) '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. + }
  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 $___, which may be expended for
paying the fees required to be waived under ORS 181.556. + }
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