Chapter 438 Oregon Laws 2009

AN ACT

SB 66

Relating to criminal records checks requested by Department of Education.

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 Education 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 has unsupervised access to children;

          (b) In which the person has access to confidential or personal information about children, as may be further defined by the State Board of Education by rule;

          (c) 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;

          (d) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

          (e) 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 department;

          (f) That has mailroom duties as the primary duty or job function of the position;

          (g) In which the person has responsibility for auditing the department;

          (h) That has personnel or human resources functions as one of the position’s primary responsibilities; or

          (i) In which the person has access to personal information about employees or members of the public, including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information.

SECTION 2. Notwithstanding ORS 183.335 (5), the Department of Education may not adopt a rule related to criminal records checks, as provided by section 1 of this 2009 Act, without prior notice or hearing or upon abbreviated notice and hearing.

Approved by the Governor June 23, 2009

Filed in the office of Secretary of State June 23, 2009

Effective date January 1, 2010

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