2017 ORS 180.267¹
Authority of Department of Justice to require fingerprints

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check), the Department of Justice may require the fingerprints of a person who:

(1)(a) Is applying for employment by the department; or

(b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position in which the person:

(a) 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;

(b) 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; or

(c) Has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, personal financial information or criminal background information. [2005 c.730 §74]

Note: 180.267 (Authority of Department of Justice to require fingerprints) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 1, 2, 5 and 6, chapter 647, Oregon Laws 2017, provide:

Sec. 1. Social services client confidentiality release form; definitions. (1) As used in this section and section 2 of this 2017 Act:

(a) “Public body” has the meaning given that term in ORS 174.109 (“Public body” defined), excluding courts.

(b) “Social services” means:

(A) Health care services;

(B) Mental health services;

(C) Substance abuse treatment services;

(D) Educational services;

(E) Juvenile justice services;

(F) Adult correctional services;

(G) Employment services; and

(H) Human services.

(2) The Department of Human Services shall convene a work group to study and develop a common and comprehensive client confidentiality release form that may be used by public bodies and community organizations that provide social services to enable and facilitate the appropriate sharing of confidential information to enhance the delivery of social services in this state.

(3) Members of the work group shall include:

(a) Representatives from the Department of Justice;

(b) Representatives from other public bodies that receive, create or use confidential information relating to the provision of social services;

(c) Representatives of community organizations that receive, create or use confidential information relating to the provision of social services;

(d) Representatives of law enforcement;

(e) Representatives of civil liberty interest organizations; and

(f) Other interested stakeholders.

(4) The Department of Human Services shall convene the work group as soon as practicable after the effective date of this 2017 Act [August 2, 2017] and shall develop the release form for adoption and use by public bodies and community organizations in this state that provide social services by July 1, 2018.

(5) The Department of Human Services shall provide facilities and administrative support for meetings of the work group.

(6) The Department of Human Services shall report to those committees of the 2018 regular session of the Legislative Assembly having jurisdiction over human services and health care on the progress of the work group in the development of the release form. [2017 c.647 §1]

Sec. 2. Report on provision of social services. (1) During 2017 and 2018, the Department of Justice, in consultation with the Department of Human Services and other public bodies and community organizations that receive, create or use confidential information related to the provision of social services, shall review state laws and identify those state statutes that could be modified to better facilitate communication between and among public bodies and community organizations engaged in the provision of social services.

(2) The Department of Justice shall submit any legislative proposals for modifications described in subsection (1) of this section in the manner prescribed in ORS 171.130 (Presession filing of proposed measures) for introduction in the 2019 regular session of the Legislative Assembly. [2017 c.647 §2]

Sec. 5. Sections 1 and 2 of this 2017 Act are repealed. [2017 c.647 §5]

Sec. 6. The amendments to section 3 of this 2017 Act [192.191 (Department of Justice information sharing guide)] by section 4 of this 2017 Act and the repeal of sections 1 and 2 of this 2017 Act by section 5 of this 2017 Act become operative on January 2, 2019. [2017 c.647 §6]

Chapter 180

Notes of Decisions

State Accident Insurance Fund Corpora­tion is subject to the pro­vi­sions of this chapter relating to legal representa­tion. Frohnmayer v. SAIF, 61 Or App 147, 655 P2d 1098 (1982), aff’d 294 Or 570, 660 P2d 1061 (1983)

Atty. Gen. Opinions

Legal business of Oregon Medical Insurance Pool is not part of state’s legal affairs and Attorney General may not provide advice or legal assistance to pool or its board of directors except at request of state of­fi­cer or agency, (1989) Vol 46, p 155

1 Legislative Counsel Committee, CHAPTER 180—Attorney General; Department of Justice, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors180.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 180, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano180.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.