Chapter 546 Oregon Laws 2003

AN ACT

HB 2235

Relating to private security providers; creating new provisions; amending ORS 181.620, 181.637, 181.638, 181.870, 181.871, 181.873, 181.877, 181.878, 181.883, 181.885 and 203.090; and repealing ORS 181.889.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 181.637 is amended to read:

181.637. (1) The Board on Public Safety Standards and Training shall establish the following policy committees:

(a) Corrections Policy Committee;

(b) Fire Policy Committee;

(d) Telecommunications Policy Committee; and

(e) Private Security Policy Committee.

(2) The members of each policy committee shall select a chairperson and vice chairperson for the policy committee. Only members of the policy committee who are also members of the board are eligible to serve as a chairperson or vice chairperson. The vice chairperson may act as chairperson in the absence of the chairperson.

(3) The Corrections Policy Committee consists of:

(a) All of the board members who represent the corrections discipline;

(b) The chief administrative officer of the training division of the Department of Corrections;

(d) The following, who may not be current board members, appointed by the chairperson of the board:

(A) One person recommended by and representing the Oregon State Sheriffs’ Association;

(B) Two persons recommended by and representing the Oregon Jail Managers’ Association;

(D) One nonmanagement corrections officer employed by the Department of Corrections.

(4) The Fire Policy Committee consists of:

(a) All of the board members who represent the fire service discipline; and

(b) The following, who may not be current board members, appointed by the chairperson of the board:

(A) One person recommended by and representing a statewide association of fire instructors;

(B) One person recommended by and representing a statewide association of fire marshals;

(D) One nonmanagement firefighter recommended by a statewide organization of firefighters.

(5) The Police Policy Committee consists of:

(a) All of the board members who represent the law enforcement discipline; and

(b) The following, who may not be current board members, appointed by the chairperson of the board:

(A) One person recommended by and representing the Oregon Association of Chiefs of Police;

(B) Two persons recommended by and representing the Oregon State Sheriffs’ Association;

(D) One nonmanagement law enforcement officer.

(6) The Telecommunications Policy Committee consists of:

(a) All of the board members who represent the telecommunications discipline; and

(b) The following, who may not be current board members, appointed by the chairperson of the board:

(A) Two persons recommended by and representing a statewide association of public safety communications officers;

(B) One person recommended by and representing the Oregon Association of Chiefs of Police;

(D) Two persons representing telecommunicators;

(E) One person recommended by and representing the Oregon State Sheriffs’ Association;

(F) One person recommended by and representing the Oregon Fire Chiefs’ Association;

(G) One person recommended by and representing the Emergency Medical Services and Trauma Systems Program of the Department of Human Services; and

(H) One person representing paramedics and recommended by a statewide association dealing with fire medical issues.

(7) The Private Security Policy Committee consists of:

(a) All of the board members who represent the private security discipline; and

(b) The following, who may not be current board members, appointed by the chairperson of the board:

(A) One person representing unarmed security officers;

(B) One person representing armed security officers;

(C) One person representing the health care industry;

(D) One person representing the manufacturing industry;

(E) One person representing the retail industry;

(F) One person representing the hospitality industry;

(G) One person representing private business or a governmental entity that utilizes private security services;

(H) One person representing persons who monitor alarm systems; and

(I) One person who represents the public at large and who is not related within the second degree by affinity or consanguinity to a person who is employed or doing business as a private security officer or executive manager, as defined in ORS 181.870.

[(7)] (8) In making appointments to the policy committees under this section, the chairperson of the board shall seek to reflect the diversity of the state’s population. An appointment made by the chairperson of the board must be ratified by the board before the appointment is effective. The chairperson of the board may remove an appointed member for just cause. An appointment to a policy committee that is based on the member’s employment is automatically revoked if the member changes employment. The chairperson of the board shall fill a vacancy in the same manner as making an initial appointment. The term of an appointed member is two years. An appointed member may be appointed to a second term.

[(8)] (9) A policy committee may meet at such times and places as determined by the policy committee in consultation with the [board] Department of Public Safety Standards and Training. A majority of a policy committee constitutes a quorum to conduct business. A policy committee may create subcommittees if needed.

[(9)(a)] (10)(a) Each policy committee shall develop policies, requirements, standards and rules relating to its specific discipline. A policy committee shall submit its policies, requirements, standards and rules to the board for the board’s consideration. When a policy committee submits a policy, requirement, standard or rule to the board for the board’s consideration, the board shall:

(A) Approve the policy, requirement, standard or rule;

(B) Disapprove the policy, requirement, standard or rule; or

(b) The board may defer a decision and return a matter submitted by a policy committee under paragraph (a) of this subsection only once. If a policy, requirement, standard or rule that was returned to a policy committee is resubmitted to the board, the board shall take all actions necessary to implement the policy, requirement, standard or rule unless the board disapproves the policy, requirement, standard or rule.

(c) Disapproval of a policy, requirement, standard or rule under paragraph (a) or (b) of this subsection requires a two-thirds vote by the members of the board.

[(10)] (11) At any time after submitting a matter to the board, the chairperson of the policy committee may withdraw the matter from the board’s consideration.

SECTION 2. (1) The repeal of ORS 181.889 by section 14 of this 2003 Act and the amendments to ORS 181.637 by section 1 of this 2003 Act change the name of the Advisory Committee on Private Security Services to the Private Security Policy Committee.

(2) Whenever in any rule, document, record or proceeding authorized by the Legislative Assembly, reference is made to the Advisory Committee on Private Security Services, the reference is considered to be a reference to the Private Security Policy Committee.

(3) Notwithstanding the term of office specified in ORS 181.637 (8), a person who is a member of the Advisory Committee on Private Security Services on the effective date of this 2003 Act continues to serve as a member of the Private Security Policy Committee until the date the person’s appointment to the Advisory Committee on Private Security Services would have expired under the terms of the appointment.

SECTION 3. 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.]

(1) “Board” means the Board on Public Safety Standards and Training.

(2) “Certification” means recognition by the Department of Public Safety Standards and Training 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)] (3) “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 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.

(4) “Department” means the Department of Public Safety Standards and Training.

(5) “Director” means the Director of the Department of Public Safety Standards and Training.

(6) “Employee” means an individual who renders personal services wholly or partly in this state to an [employer] executive manager 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.]

(7) “Executive manager” means a person:

(a) Who is authorized to act on behalf of a company or business in matters of licensure and certification;

(b) Who is authorized to hire and terminate personnel;

(c) Whose primary responsibility is the management of certified private security officers; and

(d) Who has final responsibility for a company’s or business’s compliance with ORS 181.870 to 181.889.

(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] executive manager 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 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] executive manager, 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)] (13) “Proprietary security services” means the performance of at least one of the activities listed in subsection [(4)] (3) 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) Is authorized by the person’s employer, as part of the person’s employment, to take 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)] (14) “Supervisory manager” means an employee of [a proprietary security manager or security contractor] or a person supervised by an executive manager 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 4. ORS 181.885 is amended to read:

181.885. (1) If a private security [officer] provider is charged with a crime, the [officer] private security provider shall notify the [officer’s] private security provider’s employer, or, if the [officer] private security provider is not employed, the Department of Public Safety Standards and Training, of that fact not later than 48 hours after the charge is filed.

(2) If an [employer] executive manager knows that an employee has been charged with a crime, the [employer] executive manager shall notify the department of that fact not later than 48 hours after the [employer] executive manager acquired the knowledge.

(3) The department may suspend the certificate or license of a private security [officer] provider charged with a crime pending disposition of the charge.

(4) If an applicant for certification or licensure as a private security provider is charged with a crime, the applicant shall notify the department of that fact not later than 48 hours after the charge is filed.

SECTION 5. ORS 181.871 is amended to read:

181.871. (1) ORS 181.870 to 181.889 and 181.991 do not apply to:

(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 and Science University established by ORS 353.020 or the United States while performing duties of the office or employment.

(d) A person appointed or commissioned by the Governor to perform law enforcement or security services.

(e) An attorney admitted to practice law in this state while engaged in the practice of law.

(f) An insurance adjuster licensed in this state [and] while performing duties authorized by the license.

(g) A person who monitors fire alarm systems and other alarm systems that are not designed to detect unauthorized intrusions while monitoring such systems.

(h) A person while protecting the person’s property.

(i) A person who repairs and installs intrusion alarms while repairing or installing intrusion alarms.

(j) A person acting as an investigator as defined in ORS 703.401.

(k) A person performing crowd management or guest services, including, but not limited to, a person described as a ticket taker, an usher, a parking attendant or event staff, who is not armed, does not wear a uniform or clothing described in ORS 181.870 [(14)(a)] (13)(a) or (b) and is not hired with the primary responsibility of taking enforcement action as described in ORS 181.870 [(4)(f)] (3)(f).

(L) A person [who performs] performing security services at a facility regulated by the United States Nuclear Regulatory Commission [and] if 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)] (3)(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 6. ORS 181.883 is amended to read:

181.883. (1) The training requirements for certification as an unarmed private security officer are:

(a) Eight hours of basic classroom instruction including, but not limited to:

(A) The legal powers and limitations of a private security officer including, but not limited to, the laws regarding arrest, search and seizure and the appropriate use of force;

(B) Fire detection and reporting and safety issues;

(D) The techniques of observing and reporting incidents and how to prepare an incident report;

(E) The fundamentals of patrolling; and

(F) Deportment and ethics;

(b) Successful completion of a written examination covering the classroom materials described in paragraph (a)(A) to (E) of this subsection; and

(2) The training requirements for certification as an armed private security officer are:

(a) The requirements in subsection (1) of this section;

(b) Fifteen hours of weapons instruction and successful completion of a written examination covering:

(A) The legal limitations on the use of weapons;

(B) Weapons handling; and

(c) A minimum marksmanship qualification score [of 70 percent] as established by rule by the Board on Public Safety Standards and Training on a firearms qualification course and target designated by the Department of Public Safety Standards and Training.

(3) In addition to the basic requirements set out in subsections (1) and (2) of this section:

(a) Persons certified as unarmed or armed private security officers biennially shall complete a four-hour refresher course on the subjects listed in subsection (1)(a) of this section; and

(b) Persons certified as armed private security officers annually shall complete:

(A) A refresher course in the subjects listed in subsection (2)(b) of this section; and

(B) Requalification in the use of firearms as provided in subsection (2)(c) of this section.

(4)(a) A person may challenge the eight-hour basic classroom instruction component of the training requirements as described in subsection (1)(a) of this section if the person:

(A) Has two or more years of experience in the field of law enforcement, military police or private security; or

(B) Has received any private security or law enforcement training.

(b) The person may challenge the eight-hour basic classroom instruction component only once. To successfully challenge the classroom instruction component, the person must successfully complete the written examination and assessment required by the rules of the department and administered by a certified private security instructor. If the person fails to obtain a passing score on the written examination, the person is required to attend the eight-hour basic classroom instruction component of the training and pass the written examination.

(A) Is required to successfully complete the assessment module; and

(B) Must be given a private security student workbook that contains the curriculum of the basic classroom instruction component to serve as a resource for the person.

(d) This subsection is intended to recognize formal education and work experience.

(5) As used in this section, “assessment module” means a four-hour curriculum given to armed and unarmed private security officers that includes but is not limited to demonstration of task-related skills learned in the eight-hour basic classroom instruction as applied to hypothetical situations.

SECTION 7. 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, security contractor] an executive manager 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.

(d) Except as otherwise provided in subsection (2) of this section, for [a proprietary security manager or security contractor to permanently] an executive manager to 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] An executive manager 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

SECTION 8. ORS 181.620 is amended to read:

181.620. (1) The Governor shall appoint a Board on Public Safety Standards and Training consisting of 23 members as follows:

(a) Two members shall be chiefs of police recommended to the Governor by the Oregon Association of Chiefs of Police;

(b) One member shall be a sheriff recommended to the Governor by the Oregon State Sheriffs’ Association;

(d) One member shall be a representative of the fire service recommended to the Governor by the Oregon Fire District Directors’ Association;

(e) One member shall be a member of the Oregon State Fire Fighter’s Council recommended to the Governor by the executive body of the council;

(f) One member shall be a representative of corrections personnel recommended to the Governor by the Oregon State Sheriffs’ Association;

(g) One member shall be a representative of the fire service recommended to the Governor by the Oregon Volunteer Fire Fighters’ Association;

(h) One member shall be a representative of public safety telecommunicators;

(i) One member shall be a district attorney recommended to the Governor by the Oregon District Attorneys Association;

(j) One member shall be the Superintendent of State Police;

(k) One member shall be the Chief of the Portland Police Bureau;

(L) One member shall be the State Fire Marshal;

(m) One member shall be the Chief of the Portland Fire Bureau;

(n) One member shall be the Director of the Department of Corrections;

(o) One member shall be the Special Agent in Charge of the Federal Bureau of Investigation for Oregon;

(p) One member shall represent forest protection agencies recommended to the Governor by the State Forestry Department;

(q) One member shall be an administrator of a municipality recommended to the Governor by the executive body of the League of Oregon Cities;

(r) Two members shall be nonmanagement representatives of law enforcement;

(s) One member shall be a public member. A person appointed as a public member under this section shall be a person:

(A) Who has no personal interest or occupational responsibilities in the area of responsibility given to the board; and

(B) Who represents the interests of the public in general; and

(t) Two members shall be representatives of the private security industry recommended to the Governor by the [Advisory Committee on Private Security Services] Private Security Policy Committee. One member appointed under this paragraph must represent contract security service providers and the other member must represent proprietary security service providers.

(2) The term of office of a member is three years, and no member may be removed from office except for cause. Before the expiration of the term of a member, the Governor shall appoint the member’s successor to assume the member’s duties on July 1 next following. In case of a vacancy for any cause, the Governor shall make an appointment, effective immediately, for the unexpired term.

(3) Except for members who serve by virtue of office, no member shall serve more than two terms. For purposes of this subsection, a person appointed to fill a vacancy consisting of an unexpired term of at least one and one-half years has served a full term.

(4) Appointments of members of the board by the Governor, except for those members who serve by virtue of office, are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.

(5) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.

SECTION 9. The amendments to ORS 181.620 by section 8 of this 2003 Act apply to appointments made on or after the effective date of this 2003 Act.

SECTION 10. ORS 181.877 is amended to read:

181.877. An applicant for licensure as [a proprietary security manager, security contractor] an executive manager or supervisory manager must meet the qualifications set forth in ORS 181.875.

SECTION 11. ORS 181.638 is amended to read:

181.638. (1) An executive committee of the Board on Public Safety Standards and Training is created consisting of the chairperson of the board and [,] the chairpersons of the policy committees created in ORS 181.637 [and the chairperson of the Advisory Committee on Private Security Services established in ORS 181.889].

(2) If necessary, the executive committee shall reconcile inconsistencies in policies among the policy committees [and the advisory committee]. The executive committee shall recommend agenda items for meetings of the board and indicate if a board vote is requested on particular agenda items. The executive committee shall meet as necessary to consider legislative concepts, budgets, grants and other matters that arise between regular board meetings.

(3) Except as otherwise provided in this subsection, only those members of the executive committee who are chairpersons of [a] policy committees [or advisory committee] may vote. A majority of the executive committee constitutes a quorum to transact business. If the chairperson of the executive committee is not a chairperson of a policy committee, the chairperson may vote only in the case of a tie vote of the other members.

SECTION 12. ORS 181.878 is amended to read:

181.878. (1) The Board on Public Safety Standards and Training shall establish standards for:

(a) Issuing, denying, [reviewing] renewing and revoking licenses for [proprietary security managers, security contractors] executive managers and supervisory managers; and

(b) Reviewing the security services of [proprietary security managers and security contractors] executive managers in relation to the licensing and certification standards set forth in ORS 181.870 to 181.889, 181.991 and 203.090.

(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 providers, the board, in conjunction with the [Advisory Committee on Private Security Services] Private Security Policy Committee, shall establish reasonable minimum standards of physical, emotional, intellectual and moral fitness for private security 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 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; and

(d) In collaboration with the [Advisory Committee on Private Security Services] Private Security Policy Committee, 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

(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.

(5) The department and the board 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.

SECTION 13. ORS 203.090 is amended to read:

203.090. The provisions of ORS 181.620, 181.870 to 181.889, 181.991 and 203.090 preempt any laws of the political subdivisions of this state relating to the regulation of private security officers, [employers] executive managers and security services.

SECTION 14. ORS 181.889 is repealed.

Approved by the Governor July 3, 2003

Filed in the office of Secretary of State July 3, 2003

Effective date January 1, 2004

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