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 2808
 
                         Senate Bill 723
 
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 as
introduced.
 
  Establishes certain fees for licensing investigators and
registering operatives.
 
                        A BILL FOR AN ACT
Relating to occupations; creating new provisions; and amending
  ORS 703.425, 703.445 and 703.480.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 703.401 to 703.490. + }
  SECTION 2.  { + (1) The Oregon Board of Investigators shall
charge the following fees for the following purposes:
  (a) $550 for an initial license as an investigator.
  (b) $275 for an initial registration as an operative.
  (c) $300 for the renewal of the license of an investigator.
  (d) $150 for the renewal of the registration of an operative.
  (2) In addition to the fees established in subsection (1) of
this section, the board shall establish by rule miscellaneous
fees for services associated with licensing and registering
including, but not limited to, fingerprinting, conducting
criminal records checks and furnishing replacement identification
cards. Fees established under this subsection may not exceed the
actual cost to the board of the service for which the fee is
being charged. + }
  SECTION 3. ORS 703.425 is amended to read:
  703.425. (1) An application for an investigator's license or
operative's registration shall 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 be accompanied by:
  (a) The   { - application fee as prescribed by the board by
rule - }  { + appropriate fee under section 1 (1) of this 2001
Act and any appropriate miscellaneous fees under section 1 (2) of
this 2001 Act + };
  (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 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 4. ORS 703.445 is amended to read:
  703.445. (1) Every person holding an investigator's license or
operative's registration who desires to continue to practice in
this state shall apply for renewal and pay the renewal fee
 { - as prescribed by rule of - }  { +  listed in section 1 of
this 2001 Act and appropriate miscellaneous fees established
by + } the Oregon Board of Investigators  { + under section 1 of
this 2001 Act + } to the board on or before the renewal date of
the license or registration. Any person who fails to pay the
 { - renewal fee - }   { + required fees + } by the renewal date
may, within the following 30 days, pay the   { - renewal fee - }
 { + fees + } 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 - }  { +
required fees + }, 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.
  SECTION 5. 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) Investigate alleged violations of ORS 703.401 to 703.490,
703.993 and 703.995 and of any rules adopted by the board;
    { - (6) Prescribe and collect fees for application, licensing
and registration, renewal of licenses and registrations and
issuance of identification cards. Fees established shall not
exceed the cost of administering the program of the board for
which the fee was established; - }
    { - (7) - }  { +  (6) + } Administer or approve the test of
professional investigative ethics;
    { - (8) - }  { +  (7) + } Formulate a code of professional
ethics to be followed by investigators and operatives;
    { - (9) - }  { +  (8) + } Establish requirements for
professional education;
    { - (10) - }  { +  (9) + } 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) - }  { +  (10) + } 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) - }  { +  (11) + } 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) - }  { +  (12) + } Keep an accurate record of all
proceedings 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) - }  { +  (13) + } 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) - }  { +  (14) + } 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) - }  { +  (15) + } Impose civil penalties in
accordance with ORS 703.995.
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