Bill Text: OR SB71 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to general polygraph examiner licensing.

Sponsorship: Unknown

Status: (Passed) 2011-06-07 - Effective date, January 1, 2012. [SB71 Detail]

Download: Oregon-2011-SB71-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 71

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber
  for Department of Public Safety Standards and Training)

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

                             AN ACT

Relating to general polygraph examiner licensing; amending ORS
  703.090.

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

  SECTION 1. ORS 703.090 is amended to read:
  703.090. (1)   { - Any - }   { + All of the following
requirements apply to an + } applicant for a license as a general
polygraph examiner { + . The applicant + } must:
  (a) Be at least 18 years of age  { - ; - }  { + . + }
  (b) Be a citizen of the United States  { - ; - }  { + . + }
  (c) Not have demonstrated, in the preceding 10 years, a course
of behavior that indicates a high degree of probability that the
applicant will be unlikely to perform the duties of a polygraph
examiner in a manner that would serve the interests of the public
 { - ; - }  { + . + }
  (d) If previously convicted for a criminal offense, provide
information, as required by the Department of Public Safety
Standards and Training, relating to the circumstances of the
conviction. ORS 670.280 is applicable when the department
considers information provided under this paragraph  { - ; - }
 { + . + }
  (e) { + (A) + } Have received a baccalaureate degree from a
college or university that is accredited by the American
Association of Collegiate Registrars and Admissions Officers; or
 { - , in lieu thereof, - }
   { +  (B) Have graduated from + }   { - be a graduate of an
accredited - }  high school  { + or have been awarded a General
Educational Development (GED) certificate, + } and have at least
five years of active investigative experience before the date of
application  { - ; - }  { + . + }
  (f) Have graduated from a polygraph examiners course approved
by the department and conforming to any minimum training
standards approved by the Board on Public Safety Standards and
Training and have satisfactorily completed at least 200
examinations, or have worked as a polygraph examiner for a period
of  { + at least + } five years for a governmental agency within
the State of Oregon and have
  { - completed - }   { + satisfactorily completed at least + }
200 examinations  { - ; and - }  { + . + }

Enrolled Senate Bill 71 (SB 71-INTRO)                      Page 1

  (g) Have successfully completed an examination conducted by the
department to determine, consistent with any standards approved
by the board, competency to act as a polygraph examiner.
  (2) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the Department of
Public Safety Standards and Training shall require each applicant
to be fingerprinted as part of the licensing procedure.
  (3) Notwithstanding ORS 181.534 (5) and (6), the Department of
State Police shall maintain in the department's files fingerprint
cards submitted to it for purposes of conducting a state or
nationwide criminal records check under ORS 181.534 on applicants
for a license as a general polygraph examiner.
  (4) When the Department of Public Safety Standards and Training
refuses to issue a license based upon an applicant's failure to
meet the requirements of subsection (1)(c) of this section, the
department shall prepare a concise, specific written statement of
the facts supporting the department's conclusion that there is a
high degree of probability that the applicant will be unlikely to
perform required duties in a manner that would serve the
interests of the public. A copy of the statement   { - shall - }
 { + must + } be given to the applicant.
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Passed by Senate April 13, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

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

Passed by House May 25, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 71 (SB 71-INTRO)                      Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

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

Filed in Office of Secretary of State:

......M.,............., 2011

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

Enrolled Senate Bill 71 (SB 71-INTRO)                      Page 3