71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
CCA to B-Eng. SB 415
LC 676/SB 415-B10
CONFERENCE COMMITTEE AMENDMENTS TO
B-ENGROSSED SENATE BILL 415
June 11
Amended Summary
Extends period of employment before certification of certain
public safety personnel required. Allows corrections employees,
certified reserve officers, telecommunicators and emergency
medical dispatchers to participate in confidential peer support
counseling sessions.
{ + Creates Law Enforcement Contacts Policy and Data Review
Committee to receive and analyze demographic data to ensure that
law enforcement agencies perform mission without discrimination
based on race, color or national origin. Specifies moneys to be
provided to committee by Oregon Criminal Justice Commission.
Sunsets committee December 31, 2007.
Permits person employed as school police officer for certain
school districts to be transferred to another public employer.
Specifies method for determining seniority of transferred
employee with receiving employer.
Declares emergency, effective on passage. + }
President Derfler:
Your Conference Committee to whom was referred B-engrossed
Senate Bill 415, having had the same under consideration,
respectfully reports it back with the recommendation that the
Senate concur in the House amendments dated May 18 and that the
bill be amended as follows and repassed.
On page 1 of the printed B-engrossed bill, line 2, after '
personnel' insert '; creating new provisions' and after '
181.860' insert '; and declaring an emergency'.
On page 4, after line 15, insert:
' { + SECTION 5. + } { + The Legislative Assembly finds and
declares that:
' (1) Surveys of the trust and confidence placed by Oregonians
in state and local law enforcement indicate that there are
Oregonians who believe that some law enforcement officers have
engaged in practices that inequitably and unlawfully discriminate
against individuals solely on the basis of their race, color or
national origin.
' (2) State and local law enforcement agencies can perform
their missions more effectively when all Oregonians have trust
and confidence that law enforcement stops and other contacts with
individuals are free from inequitable and unlawful discrimination
based on race, color or national origin.
' (3) Representatives of community interest groups and state
and local law enforcement agencies agree that collecting certain
demographic data about contacts between individuals and state or
local law enforcement officers will provide a statistical
foundation to ensure that future contacts are free from
inequitable and unlawful discrimination based on race, color or
national origin.
' (4) Demographic data collection can establish a factual and
quantifiable foundation for measuring progress in eliminating
discrimination based on race, color or national origin during law
enforcement stops and other contacts with individuals, but data
collection alone does not provide a sufficient basis for
corrective action. Proper analysis of the demographic data and
enactment of meaningful reforms in response to the results of
that analysis require careful consideration of all relevant
factors including the context of the community in which the data
has been collected.
' (5) It is the goal of this state that all law enforcement
agencies perform their missions without inappropriate use of
race, color or national origin as the basis for law enforcement
actions. This goal may be achieved by providing assistance to
state and local law enforcement agencies and the communities that
they serve.
' (6) This state shall foster, encourage and support the
collection and analysis of demographic data by state and local
law enforcement agencies. + }
' { + SECTION 6. + } { + (1) There is created the Law
Enforcement Contacts Policy and Data Review Committee consisting
of 11 members appointed by the Governor on or before October 1,
2001.
' (2) The purpose of the committee is to receive and analyze
demographic data to ensure that law enforcement agencies perform
their missions without inequitable or unlawful discrimination
based on race, color or national origin.
' (3) To achieve its purpose, the committee shall collect and
analyze demographic data to:
' (a) Provide information to assist communities and state and
local law enforcement agencies in evaluating the policies,
training and procedures of law enforcement agencies regarding the
treatment of individuals during stops and other contacts with law
enforcement;
' (b) Inform state and local law enforcement agencies and
communities about law enforcement practices; and
' (c) Provide opportunities for communities and state and local
law enforcement agencies to work together to increase public
trust and confidence in law enforcement and to enhance the
capacity of communities and law enforcement agencies to provide
more effective public safety services.
' (4) The committee shall:
' (a) Solicit demographic data concerning law enforcement stops
and other contacts between state and local law enforcement
agencies and individuals;
' (b) Publicize programs, procedures and policies from
communities that have made progress towards eliminating
discrimination based on race, color or national origin during law
enforcement stops and other contacts with individuals;
' (c) Provide technical assistance, including refinement of the
minimum data elements as necessary for effective analysis, to
state and local law enforcement agencies that desire to begin
collecting demographic data;
' (d) Provide technical assistance to communities and state and
local law enforcement agencies that desire to engage in local
efforts to involve individuals in the establishment and
implementation of programs, procedures and policies that will
advance the goal of section 5 of this 2001 Act;
' (e) Obtain resources for independent analysis and
interpretation of demographic data collected by state or local
law enforcement agencies;
' (f) Accept and analyze demographic data collected by a state
or local law enforcement agency if requested by a state or local
law enforcement agency and if resources are available; and
' (g) Report to the public the results of analyses of
demographic data.
' (5) In carrying out its purpose, the committee may not
receive or analyze any data unless the data for each reported
contact includes at least the following information:
' (a) The reason for the law enforcement stop or other contact;
' (b) The law enforcement officer's perception of the race,
color or national origin of the individual involved in the
contact;
' (c) The individual's gender;
' (d) The individual's age;
' (e) Whether a search was conducted in connection with the
contact, and if so, what resulted from the search;
' (f) The disposition of the law enforcement action, if any,
resulting from the contact; and
' (g) Additional data as recommended by the committee that
state and local law enforcement agencies should collect and
submit.
' (6) Data received by the committee for analysis under this
section may not identify a particular law enforcement officer or
a particular individual whose demographic data is collected by a
state or local law enforcement agency.
' (7) Members of the committee shall appoint a chairperson from
the members of the committee. Members of the committee are not
entitled to compensation or expenses and shall serve on the
committee on a volunteer basis.
' (8) The Oregon Criminal Justice Commission shall provide
administrative support staff necessary to the performance of the
functions of the committee.
' (9) All agencies, departments and officers of this state are
requested to assist the committee in the performance of its
functions and to furnish such information and advice as the
members of the committee consider necessary to perform their
functions.
' (10) The committee shall make findings and issue
recommendations for action to achieve the purpose of this
section. The committee shall submit a report containing its
findings and recommendations to the appropriate interim
legislative committees on or before December 1, 2002, and
annually thereafter on or before December 1.
' (11) After completion of the analysis of the data from at
least two state or local law enforcement agencies, the committee
may recommend the collection of additional data elements.
' (12) This section does not prohibit a state or local law
enforcement agency from collecting data in addition to the
minimum information required in subsection (5) of this
section. + }
' { + SECTION 7. + } { + The Oregon Criminal Justice
Commission shall provide $300,000 to the Law Enforcement Contacts
Policy and Data Review Committee for the purposes of section 6 of
this 2001 Act from moneys allocated to the Oregon Criminal
Justice Commission by the Legislative Assembly for the biennium
beginning July 1, 2001. + }
' { + SECTION 8. + } { + The Oregon Criminal Justice
Commission may accept contributions of funds from the United
States, its agencies, or from any other source, public or
private, and agree to conditions thereon not inconsistent with
the purposes of the Law Enforcement Contacts Policy and Data
Review Committee. + }
' { + SECTION 9. + } { + All moneys received by the Oregon
Criminal Justice Commission under section 8 of this 2001 Act
shall be paid into the State Treasury and deposited into the
General Fund to the credit of the Oregon Criminal Justice
Commission. Such moneys are appropriated continuously to the
Oregon Criminal Justice Commission for the purposes of section 6
of this 2001 Act. + }
' { + SECTION 10. + } { + The Law Enforcement Contacts
Policy and Data Review Committee shall assist the Oregon Progress
Board in the creation and adoption of goals as provided in ORS
285A.168 to measure progress toward the purpose of the committee
under section 6 of this 2001 Act. + }
' { + SECTION 11. + } { + Sections 5 to 10 of this 2001 Act
are repealed on December 31, 2007. + }
' { + SECTION 12. + } { + (1) Notwithstanding the provisions
of ORS 236.605 (2), a school district with a weighted average
daily membership (ADMw) of greater than 50,000 is a public
employer for the purposes of a transfer to another public
employer under ORS 236.605 to 236.640 of a person employed and
compensated as a member of a law enforcement agency of a school
district under ORS 332.531.
' (2) Notwithstanding the provisions of ORS 236.620 (1)(c),
when a public employer described in subsection (1) of this
section transfers an employee to a receiving employer under ORS
236.605 to 236.640, the amount of the transferred employee's
seniority accrued under the transferring employer that is to be
regarded as seniority acquired under the receiving employer shall
be agreed upon by:
' (a) The labor organization representing the transferred
employee of the transferring employer, if applicable;
' (b) The labor organization representing employees of the
receiving employer, if the labor organization would represent the
transferred employee following the transfer;
' (c) The transferring employer; and
' (d) The receiving employer. + }
' { + SECTION 13. + } { + Section 12 of this 2001 Act is
repealed on January 2, 2004. + }
' { + SECTION 14. + } { + The amendments to ORS 181.644,
181.653, 181.665 and 181.860 by sections 1 to 4 of this 2001 Act
become operative on January 1, 2002. + }
' { + SECTION 15. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
/sJohn Minnis
Senator
/sPeter Courtney
Senator
/sVerne Duncan (Excused)
Senator
/sMax Williams
Representative
/sJackie Dingfelder
Representative
/sVic Backlund
Representative
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