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 2807
B-Engrossed
Senate Bill 722
Ordered by the Senate June 22
Including Senate Amendments dated May 17 and June 22
Sponsored by Senator MINNIS (at the request of Oregon Association
of Licensed 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.
Modifies licensing program for investigators. Eliminates
operative registration. Creates investigator's license with
provisional endorsement. Modifies criteria and procedures for
suspending, revoking or refusing to renew licenses. Changes
categories of membership on Oregon Board of Investigators and
number of board members. Requires Governor to appoint
{ - new - } members to board by specified date.
Takes effect { - October 1, 2001 - } { + on 91st day
following adjournment sine die + }.
A BILL FOR AN ACT
Relating to Oregon Board of Investigators; creating new
provisions; amending ORS 181.871, 432.121, 703.401, 703.405,
703.415, 703.425, 703.427, 703.430, 703.435, 703.445, 703.450,
703.455, 703.460, 703.465, 703.470, 703.475, 703.480, 703.485,
703.490, 703.993 and 703.995; repealing ORS 703.420; and
prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 703.401 is amended to read:
703.401. As used in ORS 703.401 to 703.490, 703.993 and
703.995, unless the context otherwise requires:
(1) 'Board' means the Oregon Board of Investigators.
(2) 'Client' means a person { - that - } { + who + }
engages an investigator, firm, partnership, corporation or other
entity for the purpose of conducting lawful activity on the
person's behalf.
(3) 'Investigator' means a person who is a licensed
investigator under ORS 703.430 { - that - } { + and who + }
engages in the business of obtaining or furnishing, or
{ - that - } { + who + } solicits or accepts employment to
obtain or furnish, information { - with reference to - } { +
about + }:
(a) Crimes or wrongs done or threatened against the United
States or any state or territory of the United States;
(b) The identity, habits, conduct, business, occupation,
honesty, integrity, credibility, knowledge, trustworthiness,
efficiency, loyalty, activities, movements, whereabouts,
affiliations, associations, transactions, acts, reputation or
character of any person;
(c) The location, disposition or recovery of lost or stolen
property;
(d) The cause of or responsibility for fires, libels, losses,
accidents, damages or injuries to persons or property; or
(e) Evidence to be used before any court, board, officer,
referee, arbitrator or investigation committee.
{ - (4) 'Operative' means a person who is a registered
operative under ORS 703.430 and who performs all work under the
direct supervision and control of a licensed investigator or an
attorney admitted to practice in this state. - }
SECTION 2. ORS 703.405 is amended to read:
703.405. { - No person shall - } { + A person may not + }
act as an investigator { - or operative - } or represent that
the person is an investigator { - or operative - } unless that
person is licensed { - or registered - } under ORS 703.430.
SECTION 3. ORS 703.415 is amended to read:
703.415. { - An applicant for an - } { + (1) In order to
obtain an + } investigator's license { + , a person + }:
{ - (1) - } { + (a) + } Must be at least { - 21 - } { +
18 + } years of age;
{ - (2) Must have been actively engaged in investigatory work
for a period of not less than one year. Completion of a related
course of study at an educational institution certified by the
Department of Education within the 18 months prior to application
may be substituted for up to six months of the required work
experience. This work may have been as an operative for an
investigator, a law enforcement agent, an attorney admitted to
practice law in any state or an employee in a public agency
engaged in investigatory activities, or other equivalent
experience as determined by the Oregon Board of
Investigators; - }
{ + (b) Must be a citizen of the United States; + }
{ - (3) - } { + (c) + } Must not have committed any act
that constitutes grounds for denial of a license under ORS
703.465 { + ; + } { - unless the Oregon Board of Investigators
concludes that notwithstanding the act or acts, the applicant is
fit for the position; and - }
{ - (4) - } { + (d) + } Must have obtained a passing score
on the test of professional { - investigative ethics - } { +
investigator competency + } administered or approved by the
{ + Oregon + } Board { + of Investigators;
(e) Must submit to fingerprint criminal records checks as
prescribed by the board by rule;
(f) Must have a corporate surety bond, an irrevocable letter of
credit issued by an insured institution as defined in ORS 706.008
or such other security as the board may prescribe by rule in the
sum of at least $5,000, or errors and omissions insurance in the
sum of at least $5,000; and
(g) Must have at least 1,500 hours of experience in
investigatory work or have completed a related course of study
approved by the board + }.
{ + (2) Notwithstanding subsection (1) of this section, a
person who meets the requirements of subsection (1)(a) to (f) of
this section is eligible for an investigator's license with an
endorsement indicating that the license is provisional. + }
SECTION 4. ORS 703.425 is amended to read:
703.425. (1) An application for an investigator's license
{ - or operative's registration shall - } { + must + } be in
writing on a form prescribed by the Oregon Board of Investigators
and signed under oath, 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;
(h) Employment for the preceding 10 years;
(i) Experience qualifications;
(j) Education;
(k) Business address, which may be a post office box; and
(L) Any other information required by the board.
(2) The application { - shall - } { + must + } be
accompanied by:
(a) The application fee as prescribed by the board by rule;
(b) Recent photographs of the applicant as prescribed by the
board by rule to be used for an identification card and for the
files of the board;
(c) Complete sets of the applicant's fingerprints as prescribed
by the board by rule;
(d) Three professional references, none of which may be from a
person who is related to the applicant by blood or marriage;
(e) Proof of a corporate surety bond, an irrevocable letter of
credit issued by an insured institution as defined in ORS 706.008
or such other security as the board may prescribe by rule in the
sum of at least $5,000 { + , + } or errors and omissions
insurance in the sum of at least $5,000. Failure to maintain such
security or insurance is grounds for penalties as the board
determines or denial of renewal of a license { - or
registration - } ; and
(f) Proof of a passing score on the test of professional
{ - investigative ethics - } { + investigator competency + }
administered or approved by the board.
(3) All applicants must disclose any acts or crimes
constituting grounds for denial of a license { - or
registration - } under ORS 703.465 and must notify the board when
the applicant is charged with a criminal offense. The board must
conduct a special review of any applicant making a disclosure
under this subsection.
(4) The board shall request criminal offender information from
the Department of State Police in the manner required by ORS
703.427.
(5) Employees of or partners in a firm who are covered by the
firm's errors and omissions insurance meet the requirements of
subsection (2)(e) of this section as long as the coverage is at
least $5,000 per investigator.
SECTION 5. ORS 703.427 is amended to read:
703.427. (1)(a) The Oregon Board of Investigators shall forward
two complete sets of an applicant's fingerprints to the
Department of State Police and request the department to conduct
a statewide criminal records check on the applicant.
(b) Upon the request of the board, the Department of State
Police shall furnish to the authorized staff of the board such
information on an applicant for an investigator's license
{ - or an operative's registration - } as the Department of
State Police may have in its possession from its central bureau
of criminal identification, including but not limited to manual
or computerized criminal offender information. The Department of
State Police shall maintain the fingerprint cards used to conduct
the statewide criminal records check in its files.
(2)(a) If the background investigation conducted under
subsection (1) of this section does not disclose any activity
that would disqualify an applicant from becoming an investigator
{ - or operative - } pursuant to ORS 703.465, the Department of
State Police shall conduct nationwide criminal records checks of
the applicant through the Federal Bureau of Investigation by use
of the applicant's fingerprints and shall report the results to
the authorized staff of the board, who must be specifically
authorized to receive the information.
(b) The Federal Bureau of Investigation shall either return or
destroy the fingerprint cards used to conduct the criminal
records check and shall not keep any record of the fingerprints.
However, if the federal bureau policy authorizing return or
destruction of the fingerprint cards is changed, the department
shall cease to send the cards to the federal bureau but shall
continue to process the information through other available
resources.
(c) If the Federal Bureau of Investigation returns the
fingerprint cards to the Department of State Police, the
department shall return the fingerprint cards to the board.
(3) For purposes of requesting and receiving the information
and data described in subsections (1) and (2) of this section,
the board is a designated agency for purposes of ORS 181.010 to
181.560 and 181.715 to 181.730.
SECTION 6. ORS 703.430 is amended to read:
703.430. (1) The Oregon Board of Investigators shall issue an
investigator's license if the applicant has satisfied the
requirements of ORS 703.415 and 703.425. { + Notwithstanding the
fact that an applicant does not meet the requirement in ORS
703.415 (1)(g), the board shall issue an investigator's license
if the applicant has satisfied the remaining requirements of ORS
703.415 and 703.425 and shall endorse the license as provisional.
A person who has an investigator's license with a provisional
endorsement may not employ or supervise other investigators.
+ }Upon receiving an investigator's license from the board, an
investigator shall, at all times, post this license in a
conspicuous place in the principal place of business of the
investigator.
{ - (2) The board shall issue an operative's registration if
the applicant has satisfied the requirements of ORS 703.420 and
703.425. An operative shall, at all times, perform services under
the direct supervision and control of a licensed investigator or
an attorney admitted to practice in this state. - }
{ - (3) - } { + (2) + } { - Any license or
registration - } { + A license + } issued under this section
{ - shall expire - } { + expires + } two years following the
date of issuance or on the assigned renewal date.
{ + (3) When a person who has been issued an investigator's
license with a provisional endorsement has acquired the
experience or education described in ORS 703.415 (1)(g), the
person shall notify the board and request the removal of the
endorsement. The board shall adopt by rule an expedited procedure
for processing such requests. + }
SECTION 7. ORS 703.435 is amended to read:
703.435. (1) When issuing an investigator's license { - or
operative's registration - } , the Oregon Board of Investigators
shall also issue an identification card of a size, design and
content as may be determined by the board by rule.
(2) { - Any person licensed or registered by this state
as - } An investigator { - or operative - } shall carry at
all times, while engaged in the practice of investigating, the
identification card issued under this section.
(3) Identification cards remain the property of this state and
must be returned to the board within 15 business days after:
(a) Failure to renew an investigator's license { - or
operative's registration - } ; { + or + }
(b) Revocation or suspension of a license { - or
registration - } by the board { - ; or - }
{ - (c) Termination of employment for a registered
operative - } .
(4) In the event of loss or destruction of an identification
card, the { - cardholder - } { + investigator + } may apply
to the board for a replacement of the card, stating the
circumstances of the loss or destruction. The
{ - cardholder - } { + investigator + } shall provide recent
photographs of the { - cardholder - } { + investigator + }
and a card replacement application fee as prescribed by the board
by rule.
SECTION 8. ORS 703.445 is amended to read:
703.445. (1) { - Every person holding an investigator's
license or operative's registration - } { + An investigator + }
who desires to continue to practice in this state { - shall - }
{ + must + } apply for renewal and pay the renewal fee as
prescribed by rule of the Oregon Board of Investigators to the
board on or before the renewal date of the license { - or
registration - } . Any person who fails to pay the renewal fee by
the renewal date may, within the following 30 days, pay the
renewal fee plus a penalty in an amount to be prescribed by board
rule, not to exceed twice the amount of the { - current - }
renewal fee. Any person who fails to pay the renewal fee, with
accrued penalties, for a period of 30 days after the renewal date
shall forfeit the right to work as an investigator { - or
operative - } in this state and may be reinstated only upon
compliance with the initial application procedures.
(2) Prior to renewing a license { - or registration - } , the
board may request criminal offender information from the
Department of State Police as provided in ORS 703.427. Any act
that is grounds for denying an initial application for a license
{ - or registration - } is grounds for refusing to renew a
license { - or registration - } .
{ + (3) An investigator may choose to become inactive rather
than renew a license. The investigator must notify the board of
the decision to become inactive. Upon payment of the inactive
license fee as prescribed by rule of the board, the board shall
place the investigator on inactive status. An investigator on
inactive status may not work as an investigator. + }
SECTION 9. ORS 703.450 is amended to read:
703.450. All licensed investigators { - and registered
operatives shall - } { + must + }, at all times, observe the
following rules and requirements of conduct:
(1) An investigator { - or operative shall - } { + may + }
not knowingly make any false report to an employer or client for
whom information { - was - } { + is + } being obtained.
(2) An investigator { - or operative shall - } { + may + }
not use a badge in connection with the official activities of the
investigator's business.
(3) An investigator { - or operative shall - } { + may + }
not attempt to give an impression that the investigator { - or
operative - } is connected in any way with any law
enforcement { + agency + } 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) 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) - } { + (4) + } { - All investigators shall be
directly - } { + An investigator is + } responsible for the
professional, ethical and legal conduct of { - their - }
{ + the investigator's + } employees { - and operatives - }
working under { - their - } { + the investigator's + }
supervision.
{ - (6) All advertisements by an investigator shall contain
the company name, address, telephone number and the
investigator's license number. - }
{ - (7) 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) An investigator or operative shall notify the board
when the investigator or operative is charged with a criminal
offense. - }
SECTION 10. ORS 703.465 is amended to read:
703.465. { + (1) + } The Oregon Board of Investigators may
refuse to grant or renew a license { - or registration - } ,
may suspend or revoke a license { - or registration - } or may
reprimand { - , censure or impose a period of probation - }
{ + an investigator + } for any of the following reasons:
{ - (1) - } { + (a) + } A conviction of a felony or of any
offense involving moral turpitude;
{ - (2) - } { + (b) + } A violation of { - any of the
provisions of ORS 703.401 to 703.490, 703.993 and 703.995 - }
{ + ORS 703.450 + } or of any rule adopted by the board;
{ - (3) - } { + (c) + } Any unprofessional conduct or
unfitness of the investigator { - or operative - } ;
{ - (4) Any act in the course of the investigator's or
operative's business constituting dishonesty or fraud; - }
{ + (d) Gross or repeated negligence or incompetence in the
course of the investigator's business; + }
{ - (5) - } { + (e) + } The submission of any false
information in connection with an application for { + or renewal
of + } a license { - or registration - } ; { + or + }
{ - (6) Willful failure or refusal to render services to a
client; or - }
{ - (7) - } { + (f) + } Knowing violation of any court
order or injunction in the course of business as an investigator
{ - or operative - } .
{ + (2) Before the board proposes to suspend or revoke the
license of an investigator, the board may attempt to provide the
investigator with an opportunity to correct the deficiencies
warranting a suspension or revocation by providing the
investigator with:
(a) A mentor;
(b) Education; or
(c) Rehabilitation. + }
SECTION 11. ORS 703.470 is amended to read:
703.470. (1) If the Oregon Board of Investigators proposes to
refuse to issue or renew a license { - or registration - } or
proposes to suspend or revoke a license { - or registration - }
or proposes to reprimand { - , censure or impose a period of
probation on - } an investigator { - or operative - } ,
opportunity for hearing shall be accorded as provided in ORS
183.310 to 183.550.
(2) Judicial review of orders under subsection (1) of this
section shall be as provided in ORS 183.310 to 183.550.
SECTION 12. ORS 703.475 is amended to read:
703.475. (1) { + (a) + } There is established an Oregon Board
of Investigators. The board { - shall consist of five - } { +
consists of seven + } members appointed by the Governor { - for
a term of - } { + as follows:
(A) Three members must be licensed investigators;
(B) One member must be either a licensed investigator or an
active law enforcement officer;
(C) Two members must be members of the Oregon State Bar; and
(D) One member must be a representative of the general public.
(b) In making the appointments, the Governor shall:
(A) Consider a list of candidates submitted to the Governor by
a statewide organization of licensed investigators.
(B) Ensure statewide geographic representation.
(c) The term of office of a member of the board is + } four
years. The members { - shall - } serve at the pleasure of the
Governor.
{ - All appointments of members of the board are subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565. - }
{ - (2) Three of the members of the board shall be
investigators licensed under ORS 703.430, one member shall be a
representative of the law enforcement community who is not a
licensed investigator or registered operative and one member
shall be a representative of the general public. - }
{ - (3) - } { + (2) + } Before entering upon the duties of
office, each board member shall subscribe to an oath that the
member will faithfully and impartially discharge the duties of
office and that the member will support the Constitution of the
United States and the Constitution of Oregon. The oath shall be
filed with the Secretary of State.
{ - (4) - } { + (3) + } Before the expiration of the term
of a member, the Governor shall appoint a successor to assume the
duties on January 1 next following. In case of a vacancy for any
cause, the Governor shall make an appointment to become effective
immediately for the unexpired term.
{ - (5) - } { + (4) + } Each member of the board is
entitled to reimbursement of travel expenses in accordance with
ORS 292.495 (2).
SECTION 13. { + (1) No later than January 1, 2002, the
Governor shall appoint seven members to the Oregon Board of
Investigators.
(2) The terms of office of the members of the board who are
serving on the effective date of this 2001 Act expire on the date
that the members appointed under subsection (1) of this section
subscribe to the oath required under ORS 703.475 (2). + }
SECTION 14. ORS 703.480 is amended to read:
703.480. The Oregon Board of Investigators shall:
(1) Organize and elect from its membership a president and vice
president of the board { + . + } { - ; - }
(2) Adopt and use a common seal { + . + } { - ; - }
(3) Adopt rules necessary for the administration of ORS 703.401
to 703.490, { - 703.993 and 703.995, - } in accordance with
ORS 183.325 to 183.410 { + . + } { - ; - }
{ - (4) Determine the qualifications of investigators and
operatives; - }
{ - (5) - } { + (4) + } Investigate alleged violations of
ORS 703.401 to 703.490 { - , 703.993 and 703.995 - } and of any
rules adopted by the board { + . When the board conducts an
investigation under this subsection, the board shall destroy all
information about the alleged violation if the board determines
that the allegation is false. + } { - ; - }
{ - (6) - } { + (5) + } Prescribe and collect fees for
application, licensing and registration, renewal of licenses and
registrations { + , + }
{ - and - } issuance of identification cards { + and
penalties for late renewal of licenses + }. Fees established
{ - shall - } { + may + } not exceed the cost of administering
the program of the board for which the fee was
established { + . + } { - ; - }
{ - (7) - } { + (6) Adopt and + } administer { - or
approve the - } { + a + } test of professional
{ - investigative ethics - } { + investigator competency. + }
{ - ; - }
{ - (8) - } { + (7) + } Formulate a code of professional
ethics to be followed by investigators { + . + } { - and
operatives; - }
{ - (9) Establish requirements for professional
education; - }
{ - (10) Authorize all necessary disbursements to carry out
the provisions of ORS 703.401 to 703.490, 703.993 and 703.995,
including but not limited to payment for necessary supplies and
office equipment, payment for legal and investigative services
rendered to the board and such other expenditures as are provided
for in ORS 703.401 to 703.490, 703.993 and 703.995; - }
{ - (11) Employ such persons as are necessary for the
investigation and prosecution of alleged violations, for the
enforcement of this Act and for such other purposes as the board
may require. All obligations for salaries and expenses incurred
by the board shall be paid from the fees accruing to the board
under ORS 703.401 to 703.490, 703.993 and 703.995 and not
otherwise; - }
{ - (12) - } { + (8) + } Meet for the transaction of
business at the call of the president. A majority of the members
constitutes a quorum for the transaction of business { + . + }
{ - and a majority vote of those present shall be a decision of
the entire board. The board's proceedings shall be open to public
inspection in all matters affecting public interest; - }
{ - (13) - } { + (9) + } Keep an accurate record of all
proceedings { + and activities + } of the board { - and of all
of its meetings, of all investigations of licensees and
registrants, and of all examinations held for applicants for
licenses or registrations, with the names and addresses of all
persons taking examinations and their scores - } . All records
shall be kept in the office of the board. All of the records of
the board shall be public. However, investigator { - or
operative - } client files obtained by the board are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance { + . + }
{ - ; - }
{ - (14) Keep an accurate inventory of all property of the
board, and of this state that is in the possession of the board,
with receipts issued from prior possessors; - }
{ - (15) Keep a register of investigators and operatives,
which shall contain the names and addresses of all persons to
whom licenses or registrations have been issued, together with
the date of the issuance and the place of business for each
investigator or operative, and all renewals, revocations and
suspensions for each investigator or operative; and - }
{ - (16) Impose civil penalties in accordance with ORS
703.995. - }
{ + (10) Provide an accounting of board funds to every
investigator at the end of each odd-numbered fiscal year.
(11) Establish a website on the Internet that lists each
investigator with the investigator's license number, business
address and telephone number.
(12) Provide professional development opportunity information
to investigators. + }
SECTION 15. ORS 703.485 is amended to read:
703.485. (1) The Oregon Board of Investigators may appoint an
{ - administrator - } { + executive director + }, whose
salary shall be provided by law or fixed by the Governor.
(2) The { - administrator - } { + executive director + }
shall keep all records of the board and discharge such other
duties as the board from time to time prescribes.
(3) The { - administrator shall appoint all subordinate
officers and employees of the board, prescribe their functions
and fix their compensation, in accordance with applicable laws
relating to state personnel - } { + executive director may hire
employees and contract for specific services for specific
projects + }.
SECTION 16. ORS 703.993 is amended to read:
703.993. (1) A person commits a Class A misdemeanor if the
person knowingly falsifies the fingerprints, photographs or other
data pertinent to an application for a license { - ,
registration - } or identification card under the provisions of
ORS 703.425, 703.430 or 703.435.
(2) A person commits a Class B misdemeanor if the person
knowingly practices as an investigator { - or operative - }
without a license { - or registration - } as required by ORS
703.405.
{ + (3) An investigator who fails to carry the identification
card as required by ORS 703.435 commits a Class A violation. + }
SECTION 17. ORS 703.995 is amended to read:
703.995. (1) In addition to any other penalty provided by law,
a person who violates any provision of ORS 703.401 to 703.490
{ - , 703.993 and 703.995 - } or any rule adopted thereunder is
subject to payment of a civil penalty in an amount of not more
than { - $1,000 - } { + $500 + } for each offense.
{ - (2) A licensed investigator or registered operative who
fails to carry the identification card as required by ORS 703.435
commits a Class A violation. - }
{ - (3) - } { + (2) + } Civil penalties under this section
shall be imposed as provided in ORS 183.090.
{ - (4) - } { + (3) + } Judicial review of civil penalties
imposed under this section shall be as provided under ORS
183.480, except that the court may reduce the amount of the
penalty.
SECTION 18. ORS 703.490 is amended to read:
703.490. (1) There is created an Oregon Board of Investigators
Account in the General Fund of the State Treasury. All moneys
received by the Oregon Board of Investigators under ORS 703.401
to 703.490, 703.993 and 703.995 shall be paid into the General
Fund in the State Treasury and credited to the account. All
moneys in the account are continuously appropriated to the Oregon
Board of Investigators to be used only for the expenses of
administration and enforcement of ORS 703.401 to 703.490, 703.993
and 703.995.
(2) All fines and civil penalties collected or received for
violations under ORS { - 181.871, - } 703.401 to 703.490,
703.993 and 703.995 shall be paid to the General Fund.
SECTION 19. { + Sections 20 and 21 of this 2001 Act are added
to and made a part of ORS 703.401 to 703.490. + }
SECTION 20. { + (1)(a) Except as otherwise provided in
paragraph (b) of this subsection, an investigator must complete
at least 32 hours of continuing education every two years.
(b) An investigator who has an investigator license with a
provisional endorsement must complete at least 40 hours of
continuing education every two years.
(2) An investigator may carry no more than 15 hours of
continuing education from one licensing period to the next.
(3) When an investigator applies for renewal of a license under
ORS 703.445, the investigator must provide proof of having
completed the required continuing education.
(4) As used in this section, 'continuing education' means any
educational endeavor that reasonably could be considered
beneficial to the work of the investigator. Continuing education
may be obtained:
(a) Through participation in conferences or educational courses
offered by trade schools or colleges, whether as an attendee or a
presenter;
(b) Through independent studies;
(c) By publishing articles related to the field of
investigation; and
(d) As otherwise provided by the board by rule. + }
SECTION 21. { + An investigator's home address, home telephone
number, personal electronic mail address, social security number,
photograph and other personal identifying information is
confidential and not subject to disclosure under ORS 192.410 to
192.505 unless written consent to disclose is given by the
investigator. + }
SECTION 22. ORS 181.871 is amended to read:
181.871. 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) An attorney admitted to practice law in this state.
(3) An insurance adjuster licensed in this state and performing
duties authorized by the license.
(4) A person who monitors fire alarm systems and other alarm
systems that are not designed to detect unauthorized intrusions.
(5) A person while protecting the person's property.
(6) A person who repairs and installs intrusion alarms.
(7) A person acting as an investigator { - or operative - }
as defined in ORS 703.401.
(8) A person performing crowd management or guest services
including, but not limited to, a person described as a ticket
taker, usher or parking attendant, 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 of taking enforcement action
as described in ORS 181.870 (14)(d).
(9) 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.
SECTION 23. ORS 432.121 is amended to read:
432.121. (1) To protect the integrity of vital records and
vital reports, to ensure their proper use and to ensure the
efficient and proper administration of the system of vital
statistics, it shall be unlawful for any person to permit
inspection of, or to disclose information from vital records or
vital reports in the custody of the State Registrar of the Center
for Health Statistics, county registrar or local registrar or to
copy or issue a copy of all or part of any such record or report
unless authorized by this chapter and by rules adopted pursuant
thereto or by order of a court of competent jurisdiction. Rules
adopted under this section shall provide for adequate standards
of security and confidentiality of vital records and vital
reports.
(2) The State Registrar of the Center for Health Statistics
shall authorize the inspection, disclosure and copying of the
information referred to in subsection (1) of this section as
follows:
(a) To the subject of the record; spouse, child, parent,
sibling or legal guardian of the subject of the record; an
authorized representative of the subject of the record, spouse,
child, parent, sibling or legal guardian of the subject of the
record; and, in the case of death, marriage or divorce records,
to other next of kin.
(b) When a person demonstrates that a death, marriage or
divorce record is needed for the determination or protection of a
personal or property right.
(c) When 100 years have elapsed after the date of birth or 50
years have elapsed after the date of death, marriage or divorce.
(d) When the person requesting the information demonstrates
that the person intends to use the information solely for
research purposes. In order to receive the information, the
person must submit a written request to the state registrar
requesting a research agreement. The state registrar shall issue
a research agreement if the person demonstrates that the
information will be used only for research and will be held
confidential. The research agreement shall prohibit the release
by the person of any information other than that authorized by
the agreement that might identify any person or institution.
(e) To the federal agency responsible for national vital
statistics, upon request. The copies or data may be used solely
for the conduct of official duties. Before furnishing the
records, reports or data, the state registrar shall enter into an
agreement with the federal agency indicating the statistical or
research purposes for which the records, reports or data may be
used. The agreement shall also set forth the support to be
provided by the federal agency for the collection, processing and
transmission of the records, reports or data. Upon written
request of the federal agency, the state registrar may approve,
in writing, additional statistical or research uses of the
records, reports or data supplied under the agreement.
(f) To federal, state and local governmental agencies, upon
request. The copies or data may be used solely for the conduct of
official duties of the requesting governmental agency.
(g) To offices of vital statistics outside this state when such
records or other reports relate to residents of those
jurisdictions or persons born in those jurisdictions. Before
furnishing the records, reports or data, the state registrar
shall enter into an agreement with the office of vital
statistics. The agreement shall specify the statistical and
administrative purposes for which the records, reports or data
may be used and the agreement shall further provide instructions
for the proper retention and disposition of the copies. Copies
received by the Center for Health Statistics from offices of
vital statistics in other states shall be handled in the same
manner as prescribed in this section.
(h) To an investigator licensed { - , or operative
registered, - } under ORS 703.430, upon request.
(3) The state registrar, upon request of a family member or
legal representative, shall issue a certified copy or other copy
of a death certificate containing the cause of death information
as provided in subsection (2) of this section or as follows:
(a) When a person has demonstrated through documented evidence
a need for the cause of death to establish a legal right or
claim.
(b) When the request for the copy is made by or on behalf of an
organization that provides benefits to the decedent's survivors
or beneficiaries.
(4) Nothing in this section prohibits the release of
information or data that would not identify any person or
institution named in a vital record or a vital report.
(5) Nothing in this section shall prohibit a health care
provider from disclosing information contained in the provider's
records as otherwise allowed by law.
(6) Nothing in this section shall be construed to permit
disclosure of information contained in the 'Information for
Medical and Health Use Only' section of the birth certificate,
fetal death report or the 'Information for Statistical Purposes
Only' section of the certificate of marriage or certificate of
divorce, unless specifically authorized by the state registrar
for statistical or research purposes. The data shall not be
subject to subpoena or court order and shall not be admissible
before any court, tribunal or judicial body.
(7) All forms and procedures used in the issuance of certified
copies of vital records and vital reports shall be uniform and
provided by or approved by the state registrar. All certified
copies issued shall have security features that safeguard the
document against alteration, counterfeiting, duplication or
simulation without ready detection.
(8) Each copy issued shall show the date of filing. Copies
issued from records marked 'Amended' shall be similarly marked
and shall show the effective date of the amendment. Copies issued
from records marked 'Delayed' shall be similarly marked and shall
include the date of filing and a description of the evidence used
to establish the delayed certificate.
(9) Any copy issued of a certificate of foreign birth shall
indicate this fact and show the actual place of birth and the
fact that the certificate is not proof of United States
citizenship for an adoptive child.
(10) Appeals from decisions of the state registrar to refuse to
disclose information or to permit inspection or copying of
records as prescribed by this section and rules adopted pursuant
thereto shall be made under ORS 183.480 to 183.484.
(11) The state registrar shall adopt rules to implement this
section in accordance with the applicable sections of ORS 183.310
to 183.550.
(12) Indexes of deaths, marriages or divorces that list names,
dates of events, county of events or certificate numbers may be
disclosed.
SECTION 24. ORS 703.455 is amended to read:
703.455. (1) All investigators { - and operatives - } shall
inform each client that the client has a right to receive a
written contract. The contract shall clearly state the task to be
performed and the rate of payment.
(2) All investigators { - and operatives - } shall inform
each client that the client is entitled to receive either of the
following reports concerning services rendered:
(a) An oral report that is timely and adequate when a client
does not desire a written report; or
(b) A written report furnished by the investigator { - or
operative - } to the client within seven days after written
request is received from the client.
(3) All investigators { - and operatives - } shall maintain
accurate accounting records of time and expenses.
(4) All investigators shall keep separate and distinct case
files for each client and case. Case files shall include the date
activity began, copies of all correspondence and written reports
generated and an accurate accounting of all time and expenses
incurred by the investigator { - or operative - } during the
course of that case.
(5) Each investigator shall maintain a record of the term of
employment of each employee { - and operative - } .
(6) All records and files referred to in this section shall be
maintained for not less than seven years.
SECTION 25. ORS 703.460 is amended to read:
703.460. Investigators { - and operatives - } shall maintain
a principal location for the conduct of business. This location,
as well as any branch office, shall be registered with the Oregon
Board of Investigators. Each investigator { - or operative - }
shall notify the board within 10 days of any change of the
business address of the principal location or of any branch
office of the business.
SECTION 26. { + A person's unexpired operative's registration
issued before the effective date of this 2001 Act is deemed to be
an investigator's license with a provisional endorsement for
purposes of ORS 703.401 to 703.490, 703.993 and 703.995. Prior to
the expiration date of the person's registration, the person may
apply for renewal as provided in ORS 703.445. If the person meets
the requirements for renewal, the board shall issue the person an
investigator's license with a provisional endorsement or, if the
person meets the requirements of ORS 703.415 (1)(g), an
investigator's license without such an endorsement. + }
SECTION 27. { + ORS 703.420 is repealed. + }
SECTION 28. { + This 2001 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-first
Legislative Assembly adjourns sine die. + }
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