Relating to public safety personnel training; creating new provisions; amending ORS 181.640, 181.641, 181.642, 181.643, 181.650, 181.652, 181.665, 181.711, 181.878 and 283.085; repealing ORS 181.636, 181.655, 181.657 and 181.712; and declaring an emergency.

 
 
 
     72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1176
 
                         House Bill 2726
 
Sponsored by Representative PROZANSKI
 
 
                             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.
 
  Rescinds capital construction authority granted to Department
of Public Safety Standards and Training. Deletes provisions
authorizing department to provide training to certain public
safety personnel.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to public safety personnel training; creating new
  provisions; amending ORS 181.640, 181.641, 181.642, 181.643,
  181.650, 181.652, 181.665, 181.711, 181.878 and 283.085;
  repealing ORS 181.636, 181.655, 181.657 and 181.712; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The capital construction authority granted
to the Department of Public Safety Standards and Training by
section 2 (2), chapter 864, Oregon Laws 2001, as modified by
Emergency Board action, is rescinded. Any moneys authorized to be
expended by section 2 (2), chapter 864, Oregon Laws 2001, as
modified by Emergency Board action, that remain unexpended and
unobligated on the effective date of this 2003 Act revert to the
Criminal Fine and Assessment Public Safety Fund.
  (2) Any moneys authorized to be expended on debt service by
section 1 (2), chapter 167, Oregon Laws 2001, as modified by
section 18, chapter 832, Oregon Laws 2001, and Emergency Board
action, that remain unexpended and unobligated on the effective
date of this 2003 Act revert to the Criminal Fine and Assessment
Public Safety Fund. + }
  SECTION 2. ORS 181.640 is amended to read:
  181.640. (1) In accordance with any applicable provision of ORS
183.310 to 183.550, to promote enforcement of law and fire
services by improving the competence of public safety personnel
and their support staffs, and in consultation with the agencies
for which the Board on Public Safety Standards and Training and
Department of Public Safety Standards and Training provide
standards, certification  { - , - }  { +  and + } accreditation
 { - and training - } :
  (a) The department shall recommend and the board shall
establish by rule reasonable minimum standards of physical,
emotional, intellectual and moral fitness for public safety
personnel and instructors.
 
  (b) The department shall recommend and the board shall
establish by rule reasonable minimum training for all levels of
professional development, basic through executive, including but
not limited to courses or subjects for instruction and
qualifications for public safety personnel and instructors.
  { - Training requirements shall be consistent with the funding
available in the department's legislatively approved budget. - }
  (c) The department, in consultation with the board, shall
establish by rule a procedure or procedures to be used by law
enforcement units, public or private safety agencies or the
Oregon Youth Authority to determine whether public safety
personnel meet minimum standards or have minimum training.
  (d) Subject to such terms and conditions as the department may
impose, the department shall certify instructors and public
safety personnel, except youth correction officers, as being
qualified under the rules established by the board.
  (e) The department shall revoke certification in the manner
provided in ORS 181.661, 181.662 and 181.664 (1).
  (f) The department shall cause inspection of standards and
training for instructors and public safety personnel, except
youth correction officers, to be made.
  (g) The department may recommend and the board may establish by
rule accreditation standards, levels and categories for mandated
and nonmandated public safety personnel training or educational
programs. The department and board, in consultation,
  { - may - }  { +  shall + } establish to what extent training
or educational programs provided by an accredited university,
college, community college or public safety agency   { - may
serve as equivalent to mandated training or as a prerequisite to
mandated training.  Programs offered by accredited universities,
colleges or community colleges may be considered equivalent to
mandated training only in academic areas - }  { +  meet the
standards for training + }.
  (2) The department may:
  (a) Contract or otherwise cooperate with any person or agency
of government for the procurement of services or property;
  (b) Accept gifts or grants of services or property;
  (c) Establish fees for determining whether a training or
educational program meets the accreditation standards established
under subsection (1)(g) of this section;
  (d) Maintain and furnish to law enforcement units and public
and private safety agencies information on applicants for
appointment as instructors or public safety personnel, except
youth correction officers, in any part of the state; and
  (e) Establish fees to allow recovery of the full costs incurred
in providing services to private entities or in providing
services as experts or expert witnesses.
  (3) The department, in consultation with the board, may:
  (a) Upon the request of a law enforcement unit or public safety
agency, conduct surveys or aid cities and counties to conduct
surveys through qualified public or private agencies and assist
in the implementation of any recommendations resulting from such
surveys.
  (b) Upon the request of law enforcement units or public safety
agencies, conduct studies and make recommendations concerning
means by which requesting units can coordinate or combine their
resources.
  (c) Stimulate research by public and private agencies to
improve police, fire service, corrections and adult parole and
probation administration and law enforcement.
  (d) Provide grants from funds appropriated or available
therefor, to law enforcement units, public safety agencies,
special districts, cities and counties to carry out the
provisions of this subsection.
 
 
    { - (e) Provide optional training programs for persons who
operate lockups. The term 'lockup' has the meaning given it in
ORS 169.005. - }
    { - (f) Provide optional training programs for public safety
personnel and their support staffs. - }
    { - (g) Enter into agreements with federal, state or other
governmental agencies to provide training or other services in
exchange for receiving training, fees or services of generally
equivalent value. - }
    { - (h) - }  { +  (e) + } Upon the request of a law
enforcement unit or public safety agency employing public safety
personnel, except youth correction officers, grant an officer,
fire service professional, telecommunicator or emergency medical
dispatcher a multidiscipline certification consistent with the
minimum requirements adopted or approved by the board.
Multidiscipline certification authorizes an officer, fire service
professional, telecommunicator or emergency medical dispatcher to
work in any of the disciplines for which the officer, fire
service professional, telecommunicator or emergency medical
dispatcher is certified. The provisions of ORS 181.652, 181.653
and 181.667 relating to lapse of certification do not apply to an
officer or fire service professional certified under this
paragraph as long as the officer or fire service professional
maintains full-time employment in one of the certified
disciplines and meets the training standards established by the
board.
  (4) Pursuant to ORS 183.310 to 183.550, the board, in
consultation with the department, shall adopt rules necessary to
carry out the board's duties and powers.
  (5) Pursuant to ORS 183.310 to 183.550, the department, in
consultation with the board, shall adopt rules necessary to carry
out the department's duties and powers.
  (6) For efficiency, board and department rules may be adopted
jointly as a single set of combined rules with the approval of
the board and the department.
  (7) The department shall obtain approval of the board before
submitting its legislative concepts, Emergency Board request or
budget requests to the Oregon Department of Administrative
Services.
  SECTION 3. ORS 181.641 is amended to read:
  181.641. The Department of Public Safety Standards and Training
shall   { - include in - }  { +  require that + } the minimum
training
  { - required - }  for basic certification as a police officer
under ORS 181.665  { + include + } the law, theory, policies and
practices related to vehicle pursuit driving and, as facilities
 { - and funding - }  permit, vehicle pursuit training exercises.
  SECTION 4. ORS 181.642 is amended to read:
  181.642. The Board on Public Safety Standards and Training
shall   { - ensure - }  { +  require + } that all police officers
and certified reserve officers are trained to investigate,
identify and report crimes:
  (1) Motivated by prejudice based on the perceived race, color,
religion, national origin, sexual orientation, marital status,
political affiliation or beliefs, membership or activity in or on
behalf of a labor organization or against a labor organization,
physical or mental handicap, age, economic or social status or
citizenship of the victim; and
  (2) That constitute abuse, as defined in ORS 419B.005, or
domestic violence.
  SECTION 5. ORS 181.643 is amended to read:
  181.643.   { - Subject to the availability of funds, - }  The
Board on Public Safety Standards and Training shall
 { - ensure - }  { +  require + } that all police officers and
certified reserve officers are trained to investigate and report
cases of missing children.   { - When federal training programs
are made available to the state at no cost to the state, the
board shall offer the training to police officers and certified
reserve officers. - }
  SECTION 6. ORS 181.650 is amended to read:
  181.650. (1) Upon application and payment of the appropriate
fees, the Department of Public Safety Standards and Training or
its authorized representative shall examine and evaluate any
instructor or any public safety personnel training or educational
program.
  (2) If the department finds that an instructor is qualified
under the minimum requirements established pursuant to ORS
181.640 (1)(a) and (b), the department in writing   { - may - }
 { +  shall + } certify the instructor as being qualified for
such a term and upon such conditions as the department may
prescribe.
  (3) If the department finds that a public safety personnel
training or educational program or any course, subject, facility
or instruction   { - thereof is qualified to satisfy - }  { +  of
the program satisfies + } any minimum training requirement
established pursuant to ORS 181.640 (1)(a) and (b) or any
accreditation standard established pursuant to ORS 181.640
(1)(g), the department   { - may - }  { + shall + } accredit the
extent of that qualification to the executive authority of that
public safety personnel training or educational program for such
a term and upon such conditions as the department may prescribe.
  (4) An individual complies with any minimum requirement of ORS
181.640 (1)(b) when the individual receives training that is
accredited under ORS 181.640 (1)(g) or subsection (3) of this
section as   { - qualified to satisfy - }  { +  satisfying + }
that requirement and the individual successfully meets any
academic or proficiency standard or condition relating to that
minimum requirement.
  SECTION 7. ORS 181.652 is amended to read:
  181.652. (1) Except for a person who has requested and obtained
an extension pursuant to subsection (2) of this section, no
person may be employed as a corrections officer by any law
enforcement unit for more than one year unless the person is a
citizen of the United States, and:
  (a) The person has been certified as being qualified as a
corrections officer under the provisions of ORS 181.610 to
181.712 and the certification has neither lapsed nor been revoked
pursuant to ORS 181.661, 181.662 and 181.664 (1) and not been
reissued under ORS 181.664 (2); or
  (b) The person is exempted from the certification requirement
under ORS 181.660.
  (2) The Department of Public Safety Standards and Training,
upon the facts contained in an affidavit accompanying the request
for an extension, may find good cause for failure to obtain
certification within the time period described in subsection (1)
of this section. If the department finds that there is good cause
for such failure, the department may extend for up to one year
the period that a person may serve as a corrections officer
without certification. The grant or denial of such an extension
is within the sole discretion of the department.
  (3) The certification of a corrections officer   { - shall
lapse - }  { + lapses + } upon the passage of more than three
consecutive months during which period the officer is not
employed as a corrections officer, unless the corrections officer
is on leave from a law enforcement unit. Upon reemployment as a
corrections officer, the person whose certification has lapsed
may apply for certification in the manner provided in ORS 181.610
to 181.712.
  (4) Except as provided in subsection (5) of this section, a
person employed as a corrections officer by any law enforcement
unit shall commence the training necessary for certification
under ORS 181.610 to 181.712 not later than the 90th day after
the date of the officer's employment by the law enforcement unit
 { - at an academy operated or authorized by the department in
consultation with the Board on Public Safety Standards and
Training - } .
  (5) A law enforcement unit may delay the commencement of
training of a corrections officer for up to 120 days from the
date of the officer's employment when it considers the delay
necessary.  When a law enforcement unit delays commencement of a
corrections officer's training under this subsection, it shall
file a written statement of its reasons with the department.
    { - (6) When a delay in the commencement of training
necessary for certification under ORS 181.610 to 181.712 at an
academy operated or authorized by the department is caused by the
inability of the department, for any reason, to provide that
training, the period of such delay shall not be counted as part
of the periods set forth in subsections (4) and (5) of this
section within which the training must be commenced. - }
  SECTION 8. ORS 181.665 is amended to read:
  181.665. (1) Except for a person who has requested and obtained
an extension from the Department of Public Safety Standards and
Training pursuant to subsection (2) of this section, no person
may be employed as a police officer, or utilized as a certified
reserve officer, by any law enforcement unit for more than 18
months unless:
  (a) The person is a citizen of the United States; and
  (b) The person has been certified as being qualified as a
police officer or certified reserve officer under the provisions
of ORS 181.610 to 181.712 and the certification has neither
lapsed nor been revoked pursuant to ORS 181.661, 181.662 and
181.664 (1) and not been reissued under ORS 181.664 (2).
  (2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period
described in subsection (1) of this section. If the department
finds that there is good cause for such failure, the department
may extend for up to one year the period that a person may serve
as a police officer or reserve officer without certification. The
grant or denial of such an extension is within the sole
discretion of the department.
  (3) Except as provided in subsection (4) of this section, a
person employed as a police officer by any law enforcement unit
shall commence the training necessary for certification under ORS
181.610 to 181.712   { - at an academy operated or authorized by
the department - }  not later than the 90th day after the date of
the officer's employment by the law enforcement unit.
  (4) A law enforcement unit may delay the commencement of
training of a police officer for up to 120 days from the date of
the officer's employment when it considers the delay necessary.
When a law enforcement unit delays commencement of a police
officer's training under this subsection, it shall file a written
statement of its reasons with the department.
    { - (5) When a delay in the commencement of training
necessary for certification under ORS 181.610 to 181.712 at an
academy operated or authorized by the department is caused by the
inability of the department, for any reason, to provide that
training, the period of such delay shall not be counted as part
of the periods set forth in subsections (3) and (4) of this
section within which the training must be commenced. - }
    { - (6) - }  { +  (5) + } A person utilized as a certified
reserve officer by a law enforcement unit must complete the
training necessary for certification under ORS 181.610 to 181.712
 { - at a site approved by the department - } .
  SECTION 9. ORS 181.665, as amended by section 5, chapter 734,
Oregon Laws 2001, is amended to read:
  181.665. (1) Except for a person who has requested and obtained
an extension from the Department of Public Safety Standards and
Training pursuant to subsection (2) of this section, a person may
not be employed as a police officer, or utilized as a certified
reserve officer, by any law enforcement unit for more than 18
months unless:
  (a) The person is a citizen of the United States; and
  (b) The person has been certified as being qualified as a
police officer or certified reserve officer under the provisions
of ORS 181.610 to 181.712 and the certification has neither
lapsed nor been revoked pursuant to ORS 181.661, 181.662 and
181.664 (1) and not been reissued under ORS 181.664 (2).
  (2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period
described in subsection (1) of this section. If the department
finds that there is good cause for such failure, the department
may extend for up to one year the period that a person may serve
as a police officer or reserve officer without certification. The
grant or denial of such an extension is within the sole
discretion of the department.
  (3) Except as provided in subsection (4) of this section, a
person employed as a police officer by any law enforcement unit
shall commence the training necessary for certification under ORS
181.610 to 181.712   { - at an academy operated by the
department - }  not later than the 90th day after the date of the
officer's employment by the law enforcement unit.
  (4) A law enforcement unit may delay the commencement of
training of a police officer for up to 120 days from the date of
the officer's employment when it considers the delay necessary.
When a law enforcement unit delays commencement of a police
officer's training under this subsection, it shall file a written
statement of its reasons with the department.
    { - (5) When a delay in the commencement of training
necessary for certification under ORS 181.610 to 181.712 at an
academy operated by the department is caused by the inability of
the department, for any reason, to provide that training, the
period of such delay shall not be counted as part of the periods
set forth in subsections (3) and (4) of this section within which
the training must be commenced. - }
    { - (6) - }  { +  (5) + } A person utilized as a certified
reserve officer by a law enforcement unit must complete the
training necessary for certification under ORS 181.610 to 181.712
 { - at a site approved by the department - } .
  SECTION 10. ORS 181.711 is amended to read:
  181.711. Nothing in ORS 181.610, 181.640, 181.642, 181.645,
181.650, 181.651, 181.654, 181.660, 181.661, 181.662, 181.664,
181.665, 181.667, 181.670, 181.700 and 181.711 requires
 { - : - }
    { - (1) - }  a law enforcement unit to certify individuals
who are utilized by the law enforcement unit to perform the
duties of a reserve officer  { - ; or - }
    { - (2) The Department of Public Safety Standards and
Training to provide the training for, or to fund, certification
of reserve officers - } .
  SECTION 11. 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 and revoking licenses for
proprietary security managers, security contractors and
supervisory managers; and
  (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.
  (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, 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, 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; { +  and + }
  (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.
  (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 12. ORS 283.085 is amended to read:
  283.085. As used in ORS 283.085 to 283.092, 286.515 and
286.525:
  (1) 'Available funds' means funds appropriated or otherwise
made available by the Legislative Assembly to pay amounts due
under a financing agreement for the fiscal period in which the
payments are due, together with any unexpended proceeds of the
financing agreement, and any reserves or other amounts which have
been deposited in trust to pay amounts due under the financing
agreement.
  (2) 'Credit enhancement agreement' means any agreement or
contractual relationship between the state and any bank, trust
company, insurance company, surety bonding company, pension fund
or other financial institution providing additional credit on or
security for a financing agreement or certificates of
participation authorized by ORS 283.085 to 283.092, 286.515 and
286.525.
  (3) 'Director' means the Director of the Oregon Department of
Administrative Services.
  (4)(a) 'Financing agreement' means a lease purchase agreement,
an installment sale agreement, a loan agreement or any other
agreement:
  (A) To finance real or personal property that is or will be
owned and operated by the state or any of its agencies;
  (B) To finance infrastructure related to a facility that is
owned and operated by the state;
  (C) To finance infrastructure components that are owned or
operated by a local government agency of this state if the
director determines that financing the infrastructure will
facilitate the construction or operation of an adult or juvenile
corrections facility   { - or a public safety training
facility - }  owned and operated by the state or any of its
agencies; or
  (D) To refinance previously executed financing agreements.
  (b) As used in this subsection, 'infrastructure' includes, but
is not limited to, sewer and water systems and road improvements.
  (5) 'Personal property' means tangible personal property,
software and fixtures.
  (6) 'Property rights' means, with respect to personal property,
the rights of a secured party under ORS chapter 79, and, with
respect to real property, the rights of a trustee or lender under
a lease authorized by ORS 283.089 (5).
  (7) 'Software' means software and training and maintenance
contracts related to the operation of computing equipment.
  (8) 'Treasurer' means the State Treasurer.
  SECTION 13.  { + ORS 181.636, 181.655, 181.657 and 181.712 are
repealed. + }
  SECTION 14.  { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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