SALEM -- The state Senate on Thursday approved legislation banning employers from asking about criminal history on job applications, a change aimed at removing work barriers for ex-convicts.

Senators approved an amended version of House Bill 3025 in a 21-8 vote. It will head to Gov. Kate Brown pending re-approval from the House.

The new version removes applicants' ability to sue employers for violating the law, instead giving enforcement power to the Bureau of Labor and Industries. It would also exempt employers that are required by law to consider an applicant's criminal history, and add language to clarify that employers can ultimately decide not to hire someone because of a conviction.

The new "ban the box" bill is a watered-down version of the one put forth by labor activists at the start of the legislative session, which would have banned employers from conducting a background check until a conditional job offer is extended. The House Business and Labor Committee amended the bill to say employers need only remove the question from applications.

Lawmakers described the new bill as a compromise that would remove barriers for ex-convicts without burdening businesses.

"We believe we have found that balance," Sen. Michael Dembrow, D-Portland, told the chamber. "The employer is free to make the decision ... the key, colleagues, is that the applicant will have the opportunity to explain their story."

Leaders of the Urban League of Portland, who wrote the original bill along with the Oregon AFL-CIO, say they're planning to introduce a proposal to the Portland City Council that will mirror the original version of HB 3025.

The bill's passage marked a moment of unity for Republican and Democratic leaders, with Senate President Peter Courtney, D-Salem, and Minority Leader Ted Ferrioli, R-John Day, both voting yes.

Courtney told the chamber he was skeptical at first but changed his mind after talking to Sen. Jackie Winters, R-Salem. In an impassioned floor speech, Winters -- one of four Republicans who voted yes -- told the story of her late husband, Marc "Ted" Winters, who had been an inmate at the Oregon State Penitentiary before landing a job with former Gov. Tom McCall's administration. Ted Winters died in 2008.

"There was no box to check -- there was an interview," Winters said. "And in that interview, Ted became a member of Governor McCall's staff."

-- Ian K. Kullgren

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