Relating to Department of Public Safety Standards and Training; amending ORS 181.662, 181.875 and 181.876; and repealing section 4, chapter ___, Oregon Laws 2001 (Enrolled Senate Bill 291).

 
 
 
     71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 677
           (Including Amendments to Resolve Conflicts)
 
                           B-Engrossed
 
                         Senate Bill 290
                   Ordered by the House June 7
 Including Senate Amendments dated April 18 and House Amendments
                          dated June 7
 
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,
  M.D., for Department of Public Safety Standards and Training)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requires Department of Public Safety Standards and Training to
adopt rules specifying crimes for which conviction requires
denial or revocation of certification of public safety officer or
instructor { +  and denial or revocation of certification or
licensure of certain private security personnel + }.
 
                        A BILL FOR AN ACT
Relating to Department of Public Safety Standards and Training;
  amending ORS 181.662, 181.875 and 181.876; and repealing
  section 4, chapter ___, Oregon Laws 2001 (Enrolled Senate Bill
  291).
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 181.662 is amended to read:
  181.662. (1) The Department of Public Safety Standards and
Training may deny or revoke the certification of any instructor
or public safety officer, except a youth correction officer or
fire service professional, after written notice and hearing
consistent with the provisions of ORS 181.661, based upon a
finding that:
  (a) The public safety officer or instructor falsified any
information submitted on the application for certification or on
any documents submitted to the Board on Public Safety Standards
and Training or the department.
  (b) The public safety officer or instructor has been convicted
of a crime in this state or any other jurisdiction.
  (c) The public safety officer or instructor does not meet the
applicable minimum standards, minimum training or the terms and
conditions established under ORS 181.640 (1)(a) to (d).
  (2) The department may deny or revoke the certification of any
fire service professional after written notice and hearing
consistent with the provisions of ORS 181.661, based upon a
finding that:
  (a) The fire service professional falsified any information
submitted on the application for certification or on any
documents submitted to the board or the department; or
  (b) The fire service professional has been discharged for cause
from employment in the fire service.
  (3) The department shall deny or revoke the certification of
any public safety officer, except a youth correction officer or
fire service professional, after written notice and hearing
consistent with the provisions of ORS 181.661, based upon a
finding that  { - : - }
    { - (a) - }  the public safety officer or instructor has been
discharged for cause from employment as a public safety officer.
    { - (b) The public safety officer or instructor has been
convicted while employed by a law enforcement unit or public or
private safety agency in this state or any other jurisdiction of
a crime designated under the law where the conviction occurred as
being punishable as a felony or as a crime for which a maximum
term of imprisonment of more than one year may be imposed. - }
    { - (c) The public safety officer or instructor has been
convicted of violating any law of this state or any other
jurisdiction involving the unlawful use, possession, delivery or
manufacture of a controlled substance, narcotic or dangerous
drug. - }
    { - (d) The public safety officer or instructor has been
convicted in this state of violating ORS 162.065, 162.075,
162.085, 163.355, 163.365, 163.375, 163.385, 163.395, 163.405,
163.408, 163.411, 163.415, 163.425, 163.427, 163.435, 163.445,
163.465, 163.515, 163.525, 163.575, 163.670, 163.675 (1985
Replacement Part), 163.680 (1993 Edition), 163.684, 163.686,
167.007, 167.012, 167.017, 167.065, 167.070, 167.075 or 167.080
or has been convicted of violating the statutory counterpart of
any of those offenses in any other jurisdiction. - }
   { +  (4) The department, in consultation with the board, shall
adopt rules specifying those crimes for which a conviction
requires the denial or revocation of the certification of a
public safety officer or instructor. + }
    { - (4) - }   { + (5) + } The department shall deny or revoke
the accreditation of a training or educational program or any
course, subject, facility or instruction thereof if the program,
course, subject, facility or instruction is not in compliance
with rules adopted or conditions prescribed under ORS 181.640
(1)(g) or 181.650 (3).
  SECTION 2. ORS 181.875 is amended to read:
  181.875.  { + (1) + } An applicant for certification as a
private security officer or licensure as a proprietary security
manager or security contractor:
    { - (1) - }  { +  (a) + } Must be at least 18 years of age;
    { - (2) - }  { +  (b) + } Must have satisfactorily completed
the training requirements as specified in ORS 181.883; and
    { - (3) - }  { +  (c) + } 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.
   { +  (2) The Department of Public Safety Standards and
Training, in consultation with the Board on Public Safety
Standards and Training, shall adopt rules specifying those crimes
for which a conviction requires the denial or revocation of
certification or licensure as a private security officer,
proprietary security manager, security contractor or
instructor. + }
  SECTION 2a.  { + If Senate Bill 291 becomes law, section 2 of
this 2001 Act (amending ORS 181.875) is repealed and ORS 181.875,
as amended by section 1, chapter ___, Oregon Laws 2001 (Enrolled
Senate Bill 291), is amended to read: + }
  181.875.  { + (1) + } An applicant for certification as a
private security officer:
    { - (1) - }   { + (a) + } Must be:
    { - (a) - }   { + (A) + } At least 18 years of age, if an
applicant for certification as an unarmed private security
officer; or
    { - (b) - }   { + (B) + } At least 21 years of age, if an
applicant for certification as an armed private security officer;
    { - (2) - }   { + (b) + } Must have satisfactorily completed
the training requirements as specified in ORS 181.883; and
    { - (3) - }   { + (c) + } 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 any felony or misdemeanor in 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.
   { +  (2) The Department of Public Safety Standards and
Training, in consultation with the Board on Public Safety
Standards and Training, shall adopt rules specifying those crimes
for which a conviction requires the denial or revocation of
certification as a private security officer or instructor. + }
 
  SECTION 2b.  { + If Senate Bill 591 becomes law and Senate Bill
291 does not become law, section 2 of this 2001 Act (amending ORS
181.875) is repealed and ORS 181.875, as amended by section 4,
chapter ___, Oregon Laws 2001 (Enrolled Senate Bill 591), is
amended to read: + }
  181.875.  { + (1) + } An applicant for certification as a
private security officer or licensure as a proprietary security
manager, security contractor or supervisory manager:
    { - (1) - }  { +  (a) + } Must be at least 18 years of age;
    { - (2) - }  { +  (b) + } Must have satisfactorily completed
the training requirements as specified in ORS 181.883; and
    { - (3) - }  { +  (c) + } 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.
   { +  (2) The Department of Public Safety Standards and
Training, in consultation with the Board on Public Safety
Standards and Training, shall adopt rules specifying those crimes
for which a conviction requires the denial or revocation of
certification or licensure as a private security officer,
proprietary security manager, security contractor, instructor or
supervisory manager. + }
  SECTION 3. ORS 181.876 is amended to read:
  181.876. (1) An applicant for certification as a private
security officer shall submit an application to the Department of
Public Safety Standards and Training. The application must be in
writing under oath to the department:
  (a) Stating the applicant's:
  (A) Name;
  (B) Birthdate;
  (C) Citizenship;
  (D) Physical description;
  (E) Current residence;
  (F) Residence for the preceding 10 years;
  (G) Current employment; and
  (H) Employment for the preceding 10 years;
  (b) Including a statement   { - that the applicant has not
been: - }
    { - (A) Convicted of a person felony in this or any other
jurisdiction; - }
    { - (B) Within the 10-year period prior to applying for
certification: - }
 
    { - (i) Incarcerated, placed on probation or paroled as the
result of conviction of a felony, other than those described in
subparagraph (A) of this paragraph, in this or any other
jurisdiction; - }
    { - (ii) 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 - }
    { - (iii) Convicted of violating any law of this or another
jurisdiction involving the unlawful use, possession, delivery or
manufacture of a controlled substance; or - }
    { - (C) Within the time period established under ORS 181.875
(3)(c), convicted of a misdemeanor determined under ORS 181.875
(3)(c) - }  { +  listing all offenses of which the applicant has
been convicted + };
  (c) Including a statement that the applicant is not required to
register or be registered as a sex offender under ORS 181.595,
181.596 or 181.597;
  (d) Including a statement affirming the truth of all
information contained in the application; and
  (e) Including such other information as required by the Board
 { +  on Public Safety Standards and Training + }.
  (2) The application must be accompanied by:
  (a) Written verification from the providers of the training of
satisfactory completion of the training required by ORS 181.883;
and
  (b) Character references from at least three reputable
citizens, each of whom has known the applicant for at least five
years preceding the application and none of whom are related to
the applicant by blood or marriage.
  SECTION 3a.  { + If Senate Bill 291 becomes law, section 4,
chapter ___, Oregon Laws 2001 (Enrolled Senate Bill 291)
(amending ORS 181.876), is repealed. + }
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