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 2590
           (Including Amendments to Resolve Conflicts)
 
                           B-Engrossed
 
                         Senate Bill 591
                   Ordered by the House May 21
 Including Senate Amendments dated April 18 and House Amendments
                          dated May 21
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
  Modifies provisions relating to private security service
providers.
 
                        A BILL FOR AN ACT
Relating to private security service; amending ORS 181.870,
  181.871, 181.873, 181.875 and 181.878 and section 3, chapter
  ___ , 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
  (c) The certification or licensing standards of the other state
meet or exceed the standards of this state.
  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 ___ , 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
  (C) The training program required by ORS 181.883.
  (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.
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