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 338
 
                           A-Engrossed
 
                         Senate Bill 61
                  Ordered by the House March 27
            Including House Amendments dated March 27
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Housing and Community Services Department)
 
 
                             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.
 
  Requires Oregon Volunteers Commission for Voluntary Action and
Service to adopt recommended best practices for use by
organizations and entities for screening volunteers. Directs
commission to give special attention to developing recommended
best practices for screening volunteers who have unsupervised
access to children or vulnerable persons. Requires commission to
establish and maintain outreach program to advise organizations
and entities on issues relating to volunteer screening and
supervision and conduct of criminal records checks.  { + Provides
that outreach program information, including recommendations,
does not create basis for imposing liability on persons not
adhering to information. + }
 
                        A BILL FOR AN ACT
Relating to Oregon Volunteers Commission for Voluntary Action and
  Service.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 2 and 3 of this 2007 Act:
  (1) 'Child' means a person under 18 years of age.
  (2) 'Organizations and entities' means religious, charitable,
scientific, educational, athletic or service organizations or
local government entities that use volunteers.
  (3) 'Services' means the provision of care, treatment,
education, training, instruction, supervision, transportation,
recreation or support.
  (4) 'Unsupervised access' means a person is in the physical
presence of a child or vulnerable person and:
  (a) If in an enclosure, that no additional person aged 18 years
or older is in the same enclosure as the person and the child or
vulnerable person; or
  (b) If outdoors, that no additional person aged 18 years or
older:
  (A) Is within 30 yards of the person and the child or
vulnerable person; or
  (B) Has visual contact with the person and with the child or
vulnerable person.
  (5) 'Vulnerable person' means a person who:
  (a) Is not a child;
  (b) Is in need of services because of mental or other
disability, age or illness; and
  (c) Is unable to take care of themselves or protect themselves
against exploitation or significant harm. + }
  SECTION 2.  { + The Oregon Volunteers Commission for Voluntary
Action and Service shall adopt a set of recommended best
practices for use by organizations and entities in screening
volunteers. The commission shall give special attention to
developing recommended best practices for screening volunteers
who have unsupervised access to a child or vulnerable person. The
commission shall:
  (1) Develop practices that include, but need not be limited to,
practices for screening and supervising volunteers; and
  (2) Develop a recommendation for conducting a criminal records
check before a volunteer assumes duties or provides services that
may give the volunteer unsupervised access to a child or
vulnerable person on a regular basis. + }
  SECTION 3.  { + (1) The Oregon Volunteers Commission for
Voluntary Action and Service shall establish and maintain an
outreach program that makes available to organizations and
entities information about:
  (a) The best methods for screening and supervising volunteers;
  (b) How to obtain a criminal records check of a volunteer;
  (c) Confidentiality issues relating to criminal records check
reports; and
  (d) Keeping records of criminal records checks conducted by the
organization or entity.
  (2) The outreach program information made available under this
section, including any recommendations contained in the program
information, does not create a basis for imposing liability on
persons that do not adhere to the program information. + }
  SECTION 4.  { + The Oregon Volunteers Commission for Voluntary
Action and Service shall begin making outreach program
information described in section 3 of this 2007 Act available to
organizations and entities no later than one year after the
effective date of this 2007 Act. + }
                         ----------