72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 813
 
                           B-Engrossed
 
                         House Bill 2132
                   Ordered by the Senate May 2
Including House Amendments dated January 27 and Senate Amendments
                           dated May 2
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of State Treasurer Randall
  Edwards)
 
 
                             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 State Treasurer  { + or Division of State Lands + }
to request Department of State Police to provide criminal
offender information about subject individuals.
 
                        A BILL FOR AN ACT
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. + }
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