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 3642
 
                         House Bill 3641
 
Sponsored by COMMITTEE ON RULES AND PUBLIC AFFAIRS
 
 
                             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.
 
  Modifies definition of adult congregate living facility to
include retirement facilities. Requires criminal records check
for employees, contractors or volunteers of retirement
facilities.
 
                        A BILL FOR AN ACT
Relating to retirement facilities; amending ORS 181.533 and
  441.525.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 441.525 is amended to read:
  441.525. As used in ORS 441.525 to 441.595, unless the context
requires otherwise:
  (1) 'Adult congregate living facility' means any institution,
building or buildings, residential facility for elderly and
disabled persons,  { + retirement facility,  + }or other place,
operated as a  { + for-profit or + } nonprofit
corporation { + , + } which undertakes through its ownership or
management to provide housing, meals and the availability of
other supportive services.
  (2) 'Authority' means any public authority organized or
existing pursuant to ORS 441.525 to 441.595.
  (3) 'Governing body' means the county court, board of county
commissioners, council or other legislative body of any
municipality.
  (4) 'Hospital facility' means any structure, system, machinery,
equipment or other real or personal property useful for or
incidental to inpatient or outpatient care or administration,
service or support for such care or any combination thereof which
is provided by a political subdivision of this state or any
private nonprofit corporation, which is operating or proposes to
operate an adult congregate living facility, or a health care
facility as defined by ORS 442.015.
  (5) 'Municipality' means any health district, city or county
and further means any municipal corporation resulting from a
city-county or city consolidation or a merger of cities.
  SECTION 2. ORS 181.533 is amended to read:
  181.533. (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) { + (i) + } Provides care or placement services, or
licenses or certifies others to provide care or placement
services, for children, elderly persons or dependent
persons; { +  or
  (ii) Provides housing, meals and the availability of other
supportive services to residents, a majority of whom are
retirees; + }
  (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) { + (a) + } An entity  { + described in subsection + }
 { + (1)(b)(A)(i) of this section  + }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. - }
   { +  (b) An entity described in subsection (1)(b)(A)(ii) of
this section shall 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.
  (c) 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.
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