Chapter 250 Oregon Laws 2003
AN ACT
HB 2132
Relating to criminal offender information.
Be It Enacted by the People of the State of
Oregon:
SECTION
1. (1) As used in this section,
“subject individual” means a person who is being considered for employment by
the State Treasurer or for appointment to a board or commission by the State
Treasurer.
(2)
Upon request of the State Treasurer, the Department of State Police shall
furnish to the authorized staff of the State Treasurer such information on a
subject individual as the department has in its possession from its central
bureau of criminal identification, including but not limited to manual or
computerized criminal offender information.
(3)
After receiving the information provided under subsection (2) of this section,
the State Treasurer may request the department to conduct a nationwide criminal
records check, including fingerprint identification, through the Federal Bureau
of Investigation. The department shall report the results to the State Treasurer.
(4)
The Federal Bureau of Investigation shall 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 federal bureau policy authorizing return
or destruction of the fingerprint cards changes, the department shall stop
sending the cards to the federal bureau 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 return the fingerprint cards to the State
Treasurer. The State Treasurer shall destroy the fingerprint cards and may not
retain a facsimile or other material from which a fingerprint can be
reproduced.
(6) For purposes of receiving the information described in this section, the State Treasurer is a designated agency under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules adopted under ORS 181.555.
SECTION
2. (1) As used in this section,
“subject individual” means a person who is being considered:
(a)
For employment by the Division of State Lands;
(b)
For a volunteer position with the division; or
(c)
For appointment to a board or commission by the division.
(2)
Upon request of the division, the Department of State Police shall furnish to
the authorized staff of the division such information on a subject individual
as the department has in its possession from its central bureau of criminal
identification, including but not limited to manual or computerized criminal
offender information.
(3)
After receiving the information provided under subsection (2) of this section,
the division may request the department to conduct a nationwide criminal
records check, including fingerprint identification, through the Federal Bureau
of Investigation. The department shall report the results to the division.
(4)
The Federal Bureau of Investigation shall 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 federal bureau policy authorizing return
or destruction of the fingerprint cards changes, the department shall stop
sending the cards to the federal bureau 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 return the fingerprint cards to the division.
The division shall destroy the fingerprint cards and may not retain a facsimile
or other material from which a fingerprint can be reproduced.
(6) For purposes of receiving the information described in this section, the division is a designated agency under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules adopted under ORS 181.555.
Approved by the Governor June 5, 2003
Filed in the office of Secretary of State June 10, 2003
Effective date January 1, 2004
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