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 3073
 
                         Senate Bill 795
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
  Requires contractors, employees and volunteers of political
subdivision who have unsupervised access to children to be
enrolled in Criminal History Registry if required by political
subdivision.
  Requires Child Care Division of Employment Department to enter
into interagency agreement with political subdivision for access
to information about enrollment status of contractors, employees
and volunteers of political subdivision required to be enrolled
in Criminal History Registry.
 
                        A BILL FOR AN ACT
Relating to Criminal History Registry; creating new provisions;
  and amending ORS 657A.030.
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 Registry.
  (2) All subject individuals shall be enrolled in the Criminal
History Registry established by the division.
  (3) Upon receiving an application for enrollment in the
Criminal History 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 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 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 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 Registry by any state agency  { - . - }  { + ;
or
  (g) A contractor, employee or volunteer of a political
subdivision who may have unsupervised access to children and who
is required to be enrolled in the Criminal History Registry by
the political subdivision.
  (9) Upon request from a political subdivision that requires
persons described in subsection (8)(g) of this section to be
enrolled in the Criminal History Registry, the division shall
enter into an intergovernmental agreement with the political
subdivision for the purpose of furnishing information to the
political subdivision about the enrollment status of the persons
described in subsection (8)(g) of this section.
  (10) As used in this section, 'political subdivision' has the
meaning given that term in ORS 192.005. + }
  SECTION 2.  { + The amendments to ORS 657A.030 by section 1 of
this 2009 Act become operative on July 1, 2010. + }
  SECTION 3.  { + The Child Care Division of the Employment
Department may take any action before the operative date
specified in section 2 of this 2009 Act necessary to enable the
division to implement the amendments to ORS 657A.030 by section 1
of this 2009 Act on and after the operative date specified in
section 2 of this 2009 Act. + }
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