75th OREGON LEGISLATIVE ASSEMBLY--2009 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 667
 
                         House Bill 2207
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Employment 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 as
introduced.
 
  Changes name of Criminal History Registry to Central Background
Registry.
 
                        A BILL FOR AN ACT
Relating to Central Background Registry; amending ORS 657A.030
  and 657A.275.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 657A.030 is amended to read:
  657A.030. (1) The Child Care Division of the Employment
Department shall establish a   { - Criminal History - }  { +
Central Background + } Registry.
  (2) All subject individuals shall be enrolled in the
  { - Criminal History - }   { + Central Background + } Registry
established by the division.
  (3) Upon receiving an application for enrollment in the
  { - Criminal History - }   { + Central Background + } Registry,
the division shall complete a criminal records check under ORS
181.534 and shall complete a child protective services records
check with the Department of Human Services. The division shall
enroll the individual in the registry if the individual:
  (a) Is determined to have no criminal or child protective
services history or to have dealt with the issues and provided
adequate evidence of suitability for the registry;
  (b) Has paid the applicable fee established pursuant to ORS
657A.275; and
  (c) Has complied with the rules of the division adopted
pursuant to this section.
  (4) The division may conditionally enroll an individual in the
registry pending the results of a nationwide criminal records
check through the Federal Bureau of Investigation if the
individual has met other requirements of the division for
enrollment in the registry.
  (5) An enrollment in the   { - Criminal History - }
 { + Central Background + } Registry shall expire two years from
the date of enrollment and may be renewed upon application to the
division, payment of the fee established pursuant to ORS 657A.275
and compliance with rules adopted by the division pursuant to
this section. However, an individual who is determined to be
ineligible for enrollment in the registry after the date of
initial enrollment shall be removed from the registry by the
division.
  (6)(a) A child care facility shall not hire or employ an
individual if the individual is not enrolled in the
 { - Criminal History - }   { + Central Background + } Registry.
  (b) Notwithstanding paragraph (a) of this subsection, a child
care facility may employ on a probationary basis an individual
who is conditionally enrolled in the   { - Criminal History - }
 { + Central Background + } Registry.
  (7) The division may adopt any rules necessary to carry out the
purposes of this section and the criminal records check program.
  (8) For purposes of this section, 'subject individual ' means a
subject individual as defined by the division by rule or a person
who applies to be:
  (a) The operator or an employee of a child care or treatment
program;
  (b) The operator or an employee of an Oregon prekindergarten
program under ORS 329.170 to 329.200;
  (c) The operator or an employee of a federal Head Start program
regulated by the United States Department of Health and Human
Services;
  (d) An individual in a child care facility who may have
unsupervised contact with children as identified by the division;
  (e) A contractor or an employee of the contractor who provides
early childhood special education or early intervention services
pursuant to ORS 343.455 to 343.534; or
  (f) A child care provider who is required to be enrolled in the
 { - Criminal History - }   { + Central Background + } Registry
by any state agency.
  SECTION 2. ORS 657A.275 is amended to read:
  657A.275. (1) Subject to prior approval of the Oregon
Department of Administrative Services and a report to the
Legislative Assembly prior to adopting the fees and charges, the
fees and charges established under ORS 181.534, 657A.030 and
657A.250 to 657A.450 may not exceed the cost of administering the
program of the Child Care Division of the Employment Department
pertaining to the purpose for which the fee is established, as
authorized by the Legislative Assembly within the budget of the
division.
  (2) Notwithstanding subsection (1) of this section and any
other provision of this chapter, the following fees established
by the division under ORS 657A.030 and 657A.250 to 657A.450 may
not exceed:
  (a) For Certified Family Child Care Home Initial Certification,
$25;
  (b) For Certified Family Child Care Home Annual Fee Per
Certified Space, $2;
  (c) For Child Care Center Initial Certification, $100;
  (d) For Child Care Center Annual Fee Per Certified Space, $2;
  (e) For Registered Family Child Care Home Registration, $30;
  (f) For administering a class on child care abuse and neglect
issues, $10; and
  (g) For enrollment in the   { - Criminal History - }
 { + Central Background + } Registry, the cost of administering
the program, including fees for:
  (A) Duplicate enrollment in the   { - Criminal History - }
 { + Central Background + } Registry;
  (B) Law Enforcement Data System criminal records check; and
  (C) Federal Bureau of Investigation fingerprint check.
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