75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         House Bill 2217
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for State Parks and Recreation Department)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to criminal records checks by State Parks and Recreation
  Department; creating new provisions; amending ORS 390.020; and
  repealing ORS 565.071.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 390.200 is amended to read:
  390.200. For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the State Parks and
Recreation 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 or volunteer;   { - and - }   { + or
  (c) Is a licensee of the department or is applying for a
license, or renewal of a license, that is issued by the
department; and + }
  (2) Is, or will be, working or providing services in a
position:
  (a) In which the person has direct access to persons under 18
years of age, elderly persons or persons with disabilities;
  (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 the
information technology systems or the information contained in
the systems;
  (c) 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;
  (d) 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 { + , for sales or distribution of tickets
or other instruments that can be exchanged for goods, services or
access to events on department property + } 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;
  (e) In which the person has responsibility for auditing agency
financial transactions;
 
 
 
Enrolled House Bill 2217 (HB 2217-INTRO)                   Page 1
 
 
 
  (f) In which the person has access to personal information
about employees { + , licensees + } or members of the public
including Social Security numbers, dates of birth, driver license
numbers, medical information, personal financial information or
criminal background information;
  (g) In which the person has access to tax or financial
information of individuals or business entities;
  (h) In which the person provides security, design or
construction services for government buildings, grounds or
facilities;   { - or - }
  (i) In which the person may issue citations under ORS
390.050 { + ; or
  (j) In which a person has key access to buildings and grounds
that contain private property belonging or entrusted to
exhibitors, promoters, licensees or event coordinators + }.
  SECTION 2. { +  ORS 565.071 is repealed. + }
  SECTION 3. { +  The amendments to ORS 390.200 by section 1 of
this 2009 Act apply to criminal records checks commenced by the
State Parks and Recreation Department on or after the effective
date of this 2009 Act. + }
                         ----------
 
 
Passed by House March 2, 2009
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 3, 2009
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2217 (HB 2217-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2217 (HB 2217-INTRO)                   Page 3