Chapter 619
AN ACT
HB 2252
Relating to criminal records checks; creating new provisions; amending
ORS 673.465 and 696.790; and declaring an emergency.
Be It Enacted by the People of
the State of Oregon:
SECTION 1. For
the purpose of requesting a state or nationwide criminal records check under
ORS 181.534, the Department of Consumer and Business Services may require the
fingerprints of a person who is applying for a license, or renewal of a
license, under ORS 744.001, 744.059 or 744.326 or a person who:
(1)(a) Is employed or
applying for employment by the department; or
(b) Provides services or
seeks to provide services to the department as a contractor, vendor or
volunteer; and
(2) Is, or will be,
working or providing services in a position:
(a) In which the person
is providing information technology services and has control over, or access
to, information technology systems that would allow the person to harm the
information technology systems or the information contained in the systems;
(b) In which the person
has access to information that state or federal laws, rules or regulations
prohibit disclosing or define as confidential;
(c) That has payroll
functions or in which the person has responsibility for receiving, receipting or
depositing money or negotiable instruments, for billing, collections or other
financial transactions or for purchasing or selling property or has access to
property held in trust or to private property in the temporary custody of the
state;
(d) That has mailroom
duties as a primary duty or job function;
(e) In which the person
has responsibility for auditing the department;
(f) That has personnel
or human resources functions as a primary responsibility;
(g) In which the person
has access to Social Security numbers, dates of birth or criminal background
information of employees or members of the public; or
(h) In which the person
has access to tax or financial information about individuals or business
entities.
SECTION 2. For
the purpose of requesting a state or nationwide criminal records check under
ORS 181.534, the Commission for the Blind may require the fingerprints of a
person who:
(1)(a) Is employed or
applying for employment by the commission; or
(b) Provides services or
seeks to provide services to the commission as a volunteer; and
(2) Is, or will be,
working or providing services in a position:
(a) In which the person
has or will have access to information that is confidential under state or
federal laws, rules or regulations; or
(b) In which the person
has direct contact with people who are served by the commission.
SECTION 3. For
the purpose of requesting a state or nationwide criminal records check under
ORS 181.534, the Office of Private Health Partnerships may require the fingerprints
of a person who:
(1)(a) Is employed or
applying for employment by the office; or
(b) Provides services or
seeks to provide services to the office as a contractor, vendor or volunteer;
and
(2) Is, or will be,
working or providing services in a position in which the person has or will
have access to information that is confidential under state or federal laws,
rules or regulations.
SECTION 4.
ORS 696.790 is amended to read:
696.790. For the purpose
of requesting a state or nationwide criminal records check under ORS 181.534,
the Real Estate Commissioner may require [any
applicant or licensee regulated under this chapter to provide fingerprints.]
the fingerprints of an individual who:
(1) Is applying for a
license, or renewal of a license, under this chapter; or
(2)(a)(A) Is employed or
applying for employment by the Real Estate Agency; or
(B) Provides services or
seeks to provide services to the Real Estate Agency as a contractor or
volunteer; and
(b) Is, or will be,
working or providing services in a position:
(A) In which the
individual is providing information technology services and has control over,
or access to, information technology systems that would allow the individual to
harm the information technology systems or the information contained in the
systems;
(B) In which the
individual has access to information that state or federal laws, rules or
regulations prohibit disclosing or define as confidential;
(C) That has payroll
functions or in which the individual has responsibility for receiving,
receipting or depositing money or negotiable instruments, for billing,
collections or other financial transactions or for purchasing or selling
property or has access to property held in trust or to private property in the
temporary custody of the state;
(D) That has mailroom
duties as a primary duty or job function;
(E) That has personnel
or human resources functions as a primary responsibility;
(F) In which the
individual has access to Social Security numbers, dates of birth or criminal
background information of employees or members of the public; or
(G) In which the
individual has access to tax or financial information about individuals or
business entities.
SECTION 5. For
the purpose of requesting a state or nationwide criminal records check under
ORS 181.534, the Board of Radiologic Technology may require the fingerprints of
a person who:
(1) Is applying for a
license, or renewal of a license, under ORS 688.415;
(2)(a) Is employed or
applying for employment by the board or provides services or seeks to provide
services to the board as a contractor, vendor or volunteer; and
(b) Is, or will be,
working or providing services in a position in which the person has or will
have access to information that is confidential under state or federal laws,
rules or regulations; or
(3) Is under
investigation by the board pursuant to ORS 688.525.
SECTION 6.
ORS 673.465 is amended to read:
673.465. For the purpose
of requesting a state or nationwide criminal records check under ORS 181.534,
the Oregon Board of Accountancy may require the fingerprints of a person who [is]:
(1) Is applying
for a license, certificate, registration or permit that is issued by the board;
(2) Is applying
for renewal of a license, certificate, registration or permit that is issued by
the board;
(3) Is under
investigation by the board; [or]
(4) Is applying
for authority to practice public accountancy pursuant to ORS 673.153[.]; or
(5)(a)(A) Is employed or
applying for employment by the board; or
(B) Provides services or
seeks to provide services to the board as a contractor or vendor; and
(b) Is, or will be,
working or providing services in a position:
(A) In which the person
has or will have access to individual Social Security numbers, dates of birth,
credit card information or information that is confidential under state or
federal laws, rules or regulations; or
(B) In which the person
is providing information technology services and has control over, or access
to, information technology systems that would allow the person to harm or make
unlawful use of the information technology systems or the information contained
in the systems.
SECTION 7. For
the purpose of requesting a state or nationwide criminal records check under
ORS 181.534, the Housing and Community Services Department may require the
fingerprints of a person who:
(1)(a) Is employed or
applying for employment by the department; or
(b) Provides services or
seeks to provide services to the department as a contractor, vendor or
volunteer; and
(2) Is, or will be,
working or providing services in a position:
(a) In which the person
is providing information technology services and has control over, or access
to, information technology systems that would allow the person to harm the
information technology systems or the information contained in the systems;
(b) In which the person
has access to information that state or federal laws, rules or regulations
prohibit disclosing or define as confidential;
(c) That has payroll
functions or in which the person has responsibility for receiving, receipting
or depositing money or negotiable instruments, for billing, collections or
other financial transactions or for purchasing or selling property or has
access to property held in trust or to private property in the temporary
custody of the state;
(d) That has mailroom
duties as a primary duty or job function;
(e) In which the person
has responsibility for auditing the department or other business entities;
(f) That has personnel
or human resources functions as a primary responsibility;
(g) In which the person
has access to Social Security numbers, dates of birth or criminal background
information of employees or members of the public; or
(h) In which the person
has access to tax or financial information about individuals or business
entities or processes tax credits.
SECTION 8. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor June 26, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date June 26, 2007
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