Bill Text: OR HB3330 | 2013 | Regular Session | Enrolled

---

Bill Title: Relating to electronic fingerprint capture; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-07-29 - Chapter 693, (2013 Laws): Effective date July 29, 2013. [HB3330 Detail]

Download: Oregon-2013-HB3330-Enrolled.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 3330

Sponsored by Representative NATHANSON; Representatives GELSER,
  WILLIAMSON

                     CHAPTER ................

                             AN ACT

Relating to electronic fingerprint capture; and declaring an
  emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + (1)(a) Except as provided in subsection (2) of
this section, the Department of State Police and any other
governmental agency authorized to report, receive or disseminate
criminal offender information shall use electronic fingerprint
capture technology to take and submit a person's fingerprints for
purposes of conducting criminal records checks under ORS 181.533,
181.534 or 267.237 or for any other purpose authorized by law.
  (b) The department may adopt by rule exemptions from the
requirement described in paragraph (a) of this subsection.
  (2)(a) This section applies to the department only with respect
to the administration of criminal records checks under ORS
181.533, 181.534 and 267.237.
  (b) This section does not apply to a criminal justice agency,
as defined in ORS 181.010, that is authorized by federal law to
receive fingerprint-based criminal records checks from the
Federal Bureau of Investigation.
  (3) To meet the requirements of this section, the department
and other governmental agencies described in subsection (1) of
this section may:
  (a) Directly provide electronic fingerprint capture services;
or
  (b) Enter into a contract described in subsection (4) of this
section for the provision of electronic fingerprint capture
services.
  (4) The Oregon Department of Administrative Services shall
develop a standard contract by which the Department of State
Police and other governmental agencies described in subsection
(1) of this section may contract for the provision of electronic
fingerprint capture services. Contracts developed under this
subsection must account for the variety of uses and levels of
service necessary to accommodate the needs of the Department of
State Police, other governmental agencies described in subsection
(1) of this section, qualified entities as defined in ORS
181.533, qualified entities as defined in ORS 181.537, qualified
entities as defined in ORS 267.237 and any other entity required
by law or rule to conduct criminal records checks for purposes
not related to the administration of the criminal justice
system. + }

Enrolled House Bill 3330 (HB 3330-A)                       Page 1

  SECTION 2.  { + (1) For purposes of this section, 'agency
designated by the State of Oregon to report, receive or
disseminate criminal offender information' means:
  (a) An authorized agency, as defined in ORS 181.533;
  (b) An authorized agency, as defined in ORS 181.534; and
  (c) The Department of Human Services, the Oregon Health
Authority and the Employment Department, as authorized by ORS
181.537.
  (2) Each agency designated by the State of Oregon to report,
receive or disseminate criminal offender information shall
conduct a study of:
  (a) The agency's processes related to fingerprint capture;
  (b) Whether those processes require fingerprinting only:
  (A) When required by federal law or regulation;
  (B) For identity verification; or
  (C) When equivalent verifying information is not available
through other means; and
  (c) Steps that the agency may take to reduce repetitive
fingerprint capture.
  (3) Each agency designated by the State of Oregon to report,
receive or disseminate criminal offender information shall report
the results of the study to the interim committees of the
Legislative Assembly related to general government protection on
or before October 1, 2014. + }
  SECTION 3.  { + Section 1 of this 2013 Act becomes operative on
January 1, 2014. + }
  SECTION 4.  { + Section 2 of this 2013 Act is repealed on
January 2, 2015. + }
  SECTION 5.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------

Passed by House June 24, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate June 28, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 3330 (HB 3330-A)                       Page 2

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 3330 (HB 3330-A)                       Page 3