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 1044
A-Engrossed
Senate Bill 406
Ordered by the Senate March 28
Including Senate Amendments dated March 28
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 Oregon Board of Investigators)
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.
{ - Authorizes Oregon Board of Investigators to assess costs
of disciplinary proceeding against investigator or operative. - }
{ + Exempts agent or employee of attorney admitted to
practice law in Oregon from requirement to obtain investigator's
license and related requirements.
Expands rules and requirements of conduct for investigators and
operatives. + }
A BILL FOR AN ACT
Relating to Oregon Board of Investigators; amending ORS 703.411
and 703.450.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 703.411 is amended to read:
703.411. ORS 703.401 to 703.490, 703.993 and 703.995 do not
apply to:
(1) A person employed exclusively by one employer in connection
with the affairs of that employer only;
(2) An officer or employee of the United States, or of this
state, or a political subdivision of either, while the officer or
employee is engaged in the performance of official duties;
(3) A person acting as a private security officer as defined in
ORS 181.870;
(4) A person who is employed full-time as a peace officer, as
defined in ORS 161.015, who receives compensation for private
employment as an investigator, provided that services are
performed for no more than one person or one client;
(5) A person that provides secured transportation and
protection, from one place or point to another place or point, of
money, currency, coins, bullion, securities, bonds, jewelry or
other valuables;
(6) A person that places, leases, rents or sells an animal for
the purpose of protecting property, or any person that is
contracted to train an animal for the purpose of protecting
property;
(7) A person engaged in the business of obtaining and
furnishing information regarding the financial rating of persons;
(8) An attorney admitted to practice law in this state
performing { - his or her - } duties as an attorney { + or an
agent of the attorney + };
(9) { - A legal assistant or paralegal engaged in activity
for which the person is - } { + Any person + } employed by an
attorney admitted to practice law in this state { + engaged in
activity for which the person is employed + };
(10) Insurers, insurance adjusters, insurance agents and
insurance brokers licensed in this state and performing duties in
connection with insurance transacted by them;
(11) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession
of leased property in which it claims an interest;
(12) An employee of a cattle association who is engaged in
inspection of brands of livestock under the authority granted to
that cattle association by the Packers and Stockyards Division of
the United States Department of Agriculture;
(13) Common carriers by rail engaged in interstate commerce and
regulated by state and federal authorities and transporting
commodities essential to the national defense or to the general
welfare and safety of the community;
(14) Any news media and the employees thereof when engaged in
obtaining information for the purpose of disseminating news to
the public;
(15) A legal process service company attempting to serve legal
process; or
(16) A landlord or an agent of a landlord performing duties in
connection with rental property transactions.
SECTION 2. ORS 703.450 is amended to read:
703.450. All licensed investigators and registered operatives
shall, at all times, observe the following rules and requirements
of conduct:
{ + (1) An operative is subject to the ethical and legal
requirements of the investigator under whose direction and
control the operative works.
(2) An investigator is subject to the ethical and legal
requirements of the investigator's employer if the employer is
licensed by the state. + }
{ - (1) - } { + (3) + } An investigator or operative shall
not knowingly make any false report to an employer or client for
whom information was being obtained.
{ - (2) - } { + (4) + } An investigator or operative shall
not use a badge in connection with the official activities of the
investigator's business.
{ - (3) - } { + (5) + } An investigator or operative shall
not attempt to give an impression that the investigator or
operative is connected in any way with any law enforcement or
other governmental entity by any statement or activity, including
using a title, wearing a uniform, using an insignia or using an
identification card.
{ - (4) - } { + (6) + } An investigator or operative shall
use only the official identification card issued by the Oregon
Board of Investigators, or the business card regularly used by
the investigator's business, to indicate that the investigator or
operative is licensed or registered.
{ - (5) - } { + (7) + } All investigators shall be directly
responsible for the professional, ethical and legal conduct of
their employees and operatives working under their supervision.
{ - (6) - } { + (8) + } All advertisements by an
investigator shall contain the company name, address, telephone
number and the investigator's license number.
{ - (7) - } { + (9) + } All identification cards,
letterhead or other identifiers must contain:
(a) The individual's name;
(b) The business name;
(c) The mailing address of the place of business;
(d) The business telephone number; and
(e) The license or registration number provided by the board.
{ - (8) - } { + (10) + } An investigator or operative shall
notify the board when the investigator or operative is charged
with a criminal offense.
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