71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2944
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
Association Chiefs of Police)
CHAPTER ................
AN ACT
Relating to Board on Public Safety Standards and Training;
creating new provisions; and amending ORS 181.630 and 181.665.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2001 Act are added to
and made a part of ORS 181.610 to 181.712. + }
SECTION 2. { + (1) The Board on Public Safety Standards and
Training shall establish the following policy committees:
(a) Corrections Policy Committee;
(b) Fire Policy Committee;
(c) Police Policy Committee; and
(d) Telecommunications Policy Committee.
(2) The members of each policy committee shall select a
chairperson and vice chairperson for the policy committee. Only
members of the policy committee who are also members of the board
are eligible to serve as a chairperson or vice chairperson. The
vice chairperson may act as chairperson in the absence of the
chairperson.
(3) The Corrections Policy Committee consists of:
(a) All of the board members who represent the corrections
discipline;
(b) The chief administrative officer of the training division
of the Department of Corrections;
(c) A security manager from the Department of Corrections; and
(d) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing the Oregon State
Sheriffs' Association;
(B) Two persons recommended by and representing the Oregon Jail
Managers' Association;
(C) One person recommended by and representing a statewide
association of community corrections directors; and
(D) One nonmanagement corrections officer employed by the
Department of Corrections.
(4) The Fire Policy Committee consists of:
(a) All of the board members who represent the fire service
discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing a statewide
association of fire instructors;
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(B) One person recommended by and representing a statewide
association of fire marshals;
(C) One person recommended by and representing community
college fire programs; and
(D) One nonmanagement firefighter recommended by a statewide
organization of firefighters.
(5) The Police Policy Committee consists of:
(a) All of the board members who represent the law enforcement
discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing the Oregon
Association of Chiefs of Police;
(B) Two persons recommended by and representing the Oregon
State Sheriffs' Association;
(C) One command officer recommended by and representing the
Oregon State Police; and
(D) One nonmanagement law enforcement officer.
(6) The Telecommunications Policy Committee consists of:
(a) All of the board members who represent the
telecommunications discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) Two persons recommended by and representing a statewide
association of public safety communications officers;
(B) One person recommended by and representing the Oregon
Association of Chiefs of Police;
(C) One person recommended by and representing the Oregon State
Police;
(D) Two persons representing telecommunicators;
(E) One person recommended by and representing the Oregon State
Sheriffs' Association;
(F) One person recommended by and representing the Oregon Fire
Chiefs' Association;
(G) One person recommended by and representing the Emergency
Medical Services and Trauma Systems Program of the Health
Division; and
(H) One person representing paramedics and recommended by a
statewide association dealing with fire medical issues.
(7) In making appointments to the policy committees under this
section, the chairperson of the board shall seek to reflect the
diversity of the state's population. An appointment made by the
chairperson of the board must be ratified by the board before the
appointment is effective. The chairperson of the board may remove
an appointed member for just cause. An appointment to a policy
committee that is based on the member's employment is
automatically revoked if the member changes employment. The
chairperson of the board shall fill a vacancy in the same manner
as making an initial appointment. The term of an appointed member
is two years. An appointed member may be appointed to a second
term.
(8) A policy committee may meet at such times and places as
determined by the policy committee in consultation with the
board. A majority of a policy committee constitutes a quorum to
conduct business. A policy committee may create subcommittees if
needed.
(9)(a) Each policy committee shall develop policies,
requirements, standards and rules relating to its specific
discipline. A policy committee shall submit its policies,
requirements, standards and rules to the board for the board's
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consideration. When a policy committee submits a policy,
requirement, standard or rule to the board for the board's
consideration, the board shall:
(A) Approve the policy, requirement, standard or rule;
(B) Disapprove the policy, requirement, standard or rule; or
(C) Defer a decision and return the matter to the policy
committee for revision or reconsideration.
(b) The board may defer a decision and return a matter
submitted by a policy committee under paragraph (a) of this
subsection only once. If a policy, requirement, standard or rule
that was returned to a policy committee is resubmitted to the
board, the board shall take all actions necessary to implement
the policy, requirement, standard or rule unless the board
disapproves the policy, requirement, standard or rule.
(c) Disapproval of a policy, requirement, standard or rule
under paragraph (a) or (b) of this subsection requires a
two-thirds vote by the members of the board.
(10) At any time after submitting a matter to the board, the
chairperson of the policy committee may withdraw the matter from
the board's consideration. + }
SECTION 3. { + (1) An executive committee of the Board on
Public Safety Standards and Training is created consisting of the
chairperson of the board, the chairpersons of the policy
committees created in section 2 of this 2001 Act and the
chairperson of the Advisory Committee on Private Security
Services established in ORS 181.889.
(2) If necessary, the executive committee shall reconcile
inconsistencies in policies among the policy committees and the
advisory committee. The executive committee shall recommend
agenda items for meetings of the board and indicate if a board
vote is requested on particular agenda items. The executive
committee shall meet as necessary to consider legislative
concepts, budgets, grants and other matters that arise between
regular board meetings.
(3) Except as otherwise provided in this subsection, only those
members of the executive committee who are chairpersons of a
policy or advisory committee may vote. A majority of the
executive committee constitutes a quorum to transact business. If
the chairperson of the executive committee is not a chairperson
of a policy committee, the chairperson may vote only in the case
of a tie vote of the other members. + }
SECTION 4. { + (1) Notwithstanding ORS 181.640 (1)(g) and
181.650 (3), the Department of Public Safety Standards and
Training may not accredit any public safety personnel training
program provided by a public safety agency or any educational
program as equivalent to the minimum training required for basic
certification as a police officer under ORS 181.665.
(2) Subsection (1) of this section does not apply to the
Department of State Police. + }
SECTION 5. ORS 181.665 is amended to read:
181.665. (1) Except for a person who has requested and obtained
an extension from the Department of Public Safety Standards and
Training pursuant to subsection (2) of this section,
{ - no - } { + a + } person may { + not + } be employed as a
police officer, or utilized as a certified reserve officer, by
any law enforcement unit for more than one year unless:
(a) The person is a citizen of the United States; and
(b) The person has been certified as being qualified as a
police officer or certified reserve officer under the provisions
of ORS 181.610 to 181.712 and the certification has neither
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lapsed nor been revoked pursuant to ORS 181.661, 181.662 and
181.664 (1) and not been reissued under ORS 181.664 (2).
(2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period
described in subsection (1) of this section. If the department
finds that there is good cause for such failure, the department
may extend for up to one year the period that a person may serve
as a police officer or reserve officer without certification. The
grant or denial of such an extension is within the sole
discretion of the department.
(3) Except as provided in subsection (4) of this section, a
person employed as a police officer by any law enforcement unit
shall commence the training necessary for certification under ORS
181.610 to 181.712 at an academy operated { - or authorized - }
by the department not later than the 90th day after the date of
the officer's employment by the law enforcement unit.
(4) A law enforcement unit may delay the commencement of
training of a police officer for up to 120 days from the date of
the officer's employment when it considers the delay necessary.
When a law enforcement unit delays commencement of a police
officer's training under this subsection, it shall file a written
statement of its reasons with the department.
(5) When a delay in the commencement of training necessary for
certification under ORS 181.610 to 181.712 at an academy operated
{ - or authorized - } by the department is caused by the
inability of the department, for any reason, to provide that
training, the period of such delay shall not be counted as part
of the periods set forth in subsections (3) and (4) of this
section within which the training must be commenced.
(6) A person utilized as a certified reserve officer by a law
enforcement unit must complete the training necessary for
certification under ORS 181.610 to 181.712 at a site approved by
the department.
SECTION 6. { + Section 4 of this 2001 Act and the amendments
to ORS 181.665 by section 5 of this 2001 Act become operative on
July 1, 2004. + }
SECTION 7. ORS 181.630 is amended to read:
181.630. (1) The Board on Public Safety Standards and Training
shall select one of its members as chairperson and another as
vice chairperson. The vice chairperson shall act as chairperson
when the chairperson is absent or unable to act.
(2) The board may appoint from among its members such
subcommittees as it deems necessary or useful.
(3) The board shall prescribe such terms, powers and duties for
the chairperson, vice chairperson and any subcommittees of the
board as are convenient for the performance of the functions of
the board.
(4) The board shall meet at least once every three months at a
place and time determined by the board. The board shall also meet
at such other times and places as the chairperson shall specify.
(5) It shall be the policy of the state that:
(a) The board and Department of Public Safety Standards and
Training exist to develop talented individuals into public safety
providers who are:
(A) Culturally competent;
(B) Ethically, physically and emotionally fit; and
(C) Well trained, highly skilled and responsive to the needs of
their communities.
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(b) The board and department shall promote the safety,
efficiency, effectiveness, self-sufficiency and competence of
public safety agencies and professionals.
(c) The board and department shall support collaboration among
public and private security, law enforcement, fire service,
telecommunications and corrections organizations, the related
organizations with whom they work and the interests of the
communities they serve.
(d) The board and department shall consult with and inform each
other fully on matters of public safety standards, training and
certification.
(e) The board may adopt or approve all policies, standards and
minimum requirements for public safety certifications and
training.
(f) The department may administer operations and procedures and
{ + shall + } implement or apply the policies and standards of
the board.
(g) The department is and remains a full department of the
state.
(6) The department, in consultation with the board, shall
evaluate the training delivery systems used in other states,
including self-sponsored training, electronic remote learning
methods and regional training employing colleges and other
organizations. The evaluation shall seek economical and effective
methods that may be adapted and used in Oregon and shall be used
in the development of the department's budget and facilities
planning.
(7) A member of the board who serves by virtue of office may
appoint a designee to represent the member at subcommittee and
{ - advisory group - } { + policy committee + } meetings. The
designee may vote only at subcommittee and { - advisory
group - } { + policy committee + } meetings.
SECTION 8. { + The Department of Public Safety Standards and
Training shall include in the minimum training required for basic
certification as a police officer under ORS 181.665 the law,
theory, policies and practices related to vehicle pursuit driving
and, as facilities and funding permit, vehicle pursuit training
exercises. + }
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Passed by House April 24, 2001
Repassed by House June 21, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 19, 2001
...........................................................
President of Senate
Enrolled House Bill 2944 (HB 2944-C) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2944 (HB 2944-C) Page 6