Chapter 498 Oregon Laws 2001

AN ACT

SB 591

Relating to private security service; amending ORS 181.870, 181.871, 181.873, 181.875 and 181.878 and section 3, chapter 288, Oregon Laws 2001 (Enrolled Senate Bill 291).

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

SECTION 1. ORS 181.870 is amended to read:

181.870. As used in ORS 181.620, 181.870 to 181.889, 181.991 and 203.090:

(1) “Advisory committee” means the private security advisory committee created in ORS 181.889.

(2) “Certification” means recognition by the department that a private security officer meets all of the qualifications listed in ORS 181.875.

(3) “Department” means the Department of Public Safety Standards and Training.

(4) “Contract security services” means the performance of at least one of the following:

(a) The observation and reporting of any unlawful activity.

(b) The prevention of theft or misappropriation of any goods, money or other items of value.

(c) The protection of individuals or property, including, but not limited to, proprietary information, from harm or misappropriation.

(d) The control of access to premises being protected.

(e) The secure movement of prisoners.

[(f) The maintenance of order and safety at athletic, entertainment or other public activities.]

(f) The taking of enforcement action by detaining persons or placing persons under arrest under ORS 133.225.

(g) Providing canine services for guarding premises or for the detection of unlawful devices or substances.

(5) “Director” means the director of the department.

(6) “Employee” means an individual who renders personal services wholly or partly in this state to an employer who pays or agrees to pay the individual at a fixed rate. “Employee” includes an applicant for employment to perform security services.

(7) “Employer” means a proprietary security manager or a security contractor.

(8) “Instructor” means any person who has been certified by the department as meeting the requirements to provide instruction to private security providers or applicants.

(9) “License” means recognition by the department that an employer or supervisory manager meets the requirements adopted by the Board on Public Safety Standards and Training as necessary to provide security services.

(10) “Primary responsibility” means an activity that [occupies at least 51 percent of a person’s work time] is fundamental to, and required or expected in, the regular course of employment and is not merely incidental to employment.

(11)(a) “Private security officer” means an individual who performs, as the individual’s primary responsibility:

(A) Contract security services for consideration as an independent contractor or as an employee of an independent contractor, whether armed or unarmed, full-time or part-time or in uniform or plainclothes; or

(B) Proprietary security services for consideration.

(b) “Private security officer” does not include:

(A) An individual while on active duty as a member of the armed services or while performing duties as a law enforcement officer; or

(B) An employee of a financial institution who has been designated as a security officer for the financial institution pursuant to the Bank Protection Act of 1968 (12 U.S.C. 1881, et seq.) and regulations adopted thereunder or pursuant to ORS 723.276 (5).

(12) “Private security provider” means any person who performs contract security services or proprietary security services or who performs the functions of an employer, supervisory manager or instructor.

(13) “Proprietary security manager” means an individual employed by a person or entity, other than a security contractor, whose responsibilities include implementing proprietary security services provided by a private security officer.

(14) “Proprietary security services” means the performance of at least one of the activities listed in subsection (4) of this section if the person performing the activity:

(a) Wears a uniform readily identifiable by a member of the public as that worn by a private security officer or a law enforcement officer;

(b) Wears clothing that bears words, such as “security,” or emblems that would cause a member of the public to reasonably believe that the person is a private security officer; or

(c) Carries a dangerous or deadly weapon, as those terms are defined in ORS 161.015, or a stun gun, pepper mace or nightstick[; or].

[(d) Has as one of the person’s primary purposes taking enforcement action by detaining persons or placing persons under arrest under ORS 133.225.]

(15) “Security contractor” means any person that provides the services of one or more private security officers for consideration.

(16) “Supervisory manager” means an employee of a proprietary security manager or security contractor who has as a primary responsibility the supervision of certified private security officers but who does not have authority to hire and terminate personnel.

SECTION 2. ORS 181.871 is amended to read:

181.871. (1) ORS 181.870 to 181.889 and 181.991 do not apply to:

[(1)] (a) A person certified by the Department of Public Safety Standards and Training as a police officer or a parole and probation officer[;].

(b) A law enforcement officer of the United States[;].

(c) An officer or employee of this state, Oregon Health Sciences University established by ORS 353.020 or the United States[; or].

(d) A person appointed or commissioned by the Governor to perform law enforcement or security services.

[(2)] (e) An attorney admitted to practice law in this state.

[(3)] (f) An insurance adjuster licensed in this state and performing duties authorized by the license.

[(4)] (g) A person who monitors fire alarm systems and other alarm systems that are not designed to detect unauthorized intrusions.

[(5)] (h) A person while protecting the person’s property.

[(6)] (i) A person who repairs and installs intrusion alarms.

[(7)] (j) A person acting as an investigator or operative as defined in ORS 703.401.

[(8)] (k) A person performing crowd management or guest services, including, but not limited to, a person described as a ticket taker, an usher, a [or] parking attendant or event staff, who is not armed, does not wear a uniform or clothing described in ORS 181.870 (14)(a) or (b) and is not hired [for the purpose] with the primary responsibility of taking enforcement action as described in ORS 181.870 [(14)(d)] (4)(f).

[(9)] (L) A person who performs security services at a facility regulated by the United States Nuclear Regulatory Commission and the facility is operated by the person’s employer.

(2) The exemption provided by subsection (1)(k) of this section applies only:

(a) If there is at least one person on-site who is certified or licensed under ORS 181.878 for every 10 or fewer uncertified persons performing the services described in subsection (1)(k) of this section;

(b) If any enforcement action, as described in ORS 181.870 (4)(f), other than incidental or temporary action, is taken by or under the supervision of a person certified or licensed under ORS 181.878; and

(c) During the time when a crowd has assembled for the purpose of attending or taking part in an organized event, including pre-event assembly, event operation hours and post-event departure activities.

SECTION 3. ORS 181.873 is amended to read:

181.873. (1) It is unlawful:

(a) For a person to engage in the business of, or perform any service as a private security officer, or to offer services in such capacity unless the person has obtained a certificate under ORS 181.878.

(b) For a person to engage in the business of, or perform any service as a proprietary security manager, [or] security contractor or supervisory manager, or to offer services in such capacities unless the person has obtained a license under ORS 181.878.

(c) For a person to perform supervisory duties over persons performing crowd management or guest services, as described in ORS 181.871, unless the person has obtained a license or certificate under ORS 181.878.

[(c)] (d) Except as otherwise provided in subsection (2) of this section, for a proprietary security manager or security contractor to permanently assign a person to perform security services unless the person is certified as a private security officer under ORS 181.878.

(2) A proprietary security manager or security contractor may temporarily assign a person who is not certified as required by this section to perform security services within this state for a period of time not to exceed 90 days if:

(a) The person is employed in another state;

(b) The person holds a private security officer’s certification or license from the other state; and

SECTION 4. ORS 181.875 is amended to read:

181.875. An applicant for certification as a private security officer or licensure as a proprietary security manager, [or] security contractor or supervisory manager:

(1) Must be at least 18 years of age;

(2) Must have satisfactorily completed the training requirements as specified in ORS 181.883; and

(3) Must not:

(a) Have been convicted of a person felony, as defined in the rules of the Oregon Criminal Justice Commission, in this or any other jurisdiction;

(b) Within the 10-year period prior to applying for certification or licensure, have been:

(A) Incarcerated, placed on probation or paroled as the result of conviction of any felony, other than those described in paragraph (a) of this subsection, in this or any other jurisdiction;

(B) Convicted of violating ORS 162.075, 162.085, 163.415, 163.435, 163.672 (1993 Edition), 163.673 (1993 Edition), 163.677 (1993 Edition), 163.680 (1993 Edition), 167.007, 167.062, 167.065, 167.070, 167.075, 167.080 or 167.087 or an equivalent crime in another jurisdiction; or

(C) Convicted of violating any law of this or another jurisdiction involving the unlawful use, possession, delivery or manufacture of a controlled substance;

(c) Within a time period prior to applying for certification or licensure as established by rule by the Board on Public Safety Standards and Training, have been convicted of a misdemeanor determined by the board to bear such a relationship to the performance of security services as to constitute a disqualification for certification or licensure under ORS 181.878; or

(d) Be required to register or be registered as a sex offender under ORS 181.595, 181.596 or 181.597.

SECTION 4a. If Senate Bill 291 becomes law, section 4 of this 2001 Act (amending ORS 181.875) is repealed and section 3, chapter 288, Oregon Laws 2001 (Enrolled Senate Bill 291), is amended to read:

Sec. 3. An applicant for licensure as a proprietary security manager, [or] security contractor or supervisory manager must meet the qualifications set forth in ORS 181.875.

SECTION 5. ORS 181.878 is amended to read:

181.878. (1)[(a)] The Board on Public Safety Standards and Training shall establish standards[, and the Department of Public Safety Standards and Training shall establish and carry out procedures,] for:

[(A)] (a) Issuing, denying, reviewing and revoking licenses for proprietary security managers, [and] security contractors[;] and supervisory managers; and

[(B)] (b) Reviewing the security services of proprietary security managers and security contractors in relation to the licensing and certification standards set forth in ORS 181.870 to 181.889, 181.991 and 203.090. [; and]

[(C) Licensing, subject to such terms and conditions as the department imposes, proprietary security managers and security contractors and revoking such licenses in the manner provided in ORS 181.870 to 181.889, 181.991 and 203.090.]

[(b) The department, in collaboration with the Advisory Committee on Private Security Services, shall establish fees for issuing licenses to proprietary security managers and security contractors. The fees may not exceed the prorated direct costs of administering the licensing program required by this section.]

(2) In accordance with any applicable provision of ORS 183.310 to 183.550, to promote consistent standards for private security services by improving the competence of private security [officers] providers, the board [on Public Safety Standards and Training], in conjunction with the Advisory Committee on Private Security Services, shall establish reasonable minimum standards of physical, emotional, intellectual and moral fitness for private security [officers] providers.

(3) The Department of Public Safety Standards and Training shall:

(a) Establish and carry out procedures for issuing, denying, renewing and revoking, subject to terms and conditions imposed by the department, a private security provider’s certificate or license;

(b) Recommend for approval by the board [on Public Safety Standards and Training] standards for all training courses and testing required by ORS 181.883 and for all instructors providing the training;

(c) Establish procedures in consultation with the board for temporary assignment of persons performing security services for a period of no longer than 120 days while an application for certification is being processed;

[(d) Subject to such terms and conditions as the department imposes, certify private security officers;]

[(e) Revoke certification in the manner provided in ORS 181.870 to 181.889, 181.991 and 203.090;] and

[(f)] (d) In collaboration with the Advisory Committee on Private Security Services, establish fees for issuing certificates and licenses to private security providers. The fees may not exceed the prorated direct costs of administering:

(A) The certification or licensing program required by this section;

(B) The criminal records checks required by ORS 181.880; and

(4) The department shall investigate alleged violations of the provisions of ORS 181.870 to 181.889, 181.991 and 203.090 and of any rules adopted by the department or the board [on Public Safety Standards and Training].

(5) The department and the board [on Public Safety Standards and Training] may adopt rules necessary to carry out their duties under ORS 181.870 to 181.889, 181.991 and 203.090. For efficiency, the department and board may adopt rules jointly as a single set of combined rules.

Approved by the Governor June 21, 2001

Filed in the office of Secretary of State June 22, 2001

Effective date January 1, 2002

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