74th OREGON LEGISLATIVE ASSEMBLY--2007 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 875
B-Engrossed
House Bill 2252
Ordered by the Senate June 8
Including Senate Amendments dated May 14 and June 8
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Consumer and Business Services)
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 specified agencies to require fingerprinting of
certain persons for purposes of criminal records checks.
Declares emergency, effective on passage.
A BILL FOR AN ACT
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. + }
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