74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3531
A-Engrossed
House Bill 3318
Ordered by the House May 7
Including House Amendments dated May 7
Sponsored by COMMITTEE ON JUDICIARY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Redesignates special campus security officers within Oregon
University System as public safety officers. Includes public
safety officers employed by Oregon University System in statutes
relating to police officers. { + Requires State Board of Higher
Education to authorize each institution under its control to
commission six public safety officers. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to public safety officers at state institutions of
higher education; amending ORS 133.005, 147.425, 181.610,
181.655, 238.005, 243.005, 352.360 and 352.385; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 352.385 is amended to read:
352.385. (1) The State Board of Higher Education { - may, at
the request of any institution under its control, authorize that
institution to commission one - } { + shall authorize each
institution under its control to commission six + } or more of
its employees as { + public safety officers. Public safety
officers commissioned under this section shall have the same
authority as other peace officers as defined in ORS 133.005. + }
{ - special campus security officers. However, the total number
of special campus security officers commissioned at the
institutions in the Oregon University System shall not exceed 50.
Special campus security officers shall have stop and frisk
authority as set forth in ORS 131.605 to 131.625 and probable
cause arrest authority and the accompanying immunities as set
forth in ORS 133.310 and 133.315 when acting in the scope of
their employment as defined by the State Board of Higher
Education. Special campus security officers shall not be
authorized to carry firearms as police officers and, except as
provided in subsection (3) of this section, shall not be
considered police officers for purposes of ORS 181.610, 238.005,
243.005 or 243.736. - }
{ - (2) The Department of Public Safety Standards and
Training shall train special campus security officers at the
expense of the State Board of Higher Education. - }
{ + (2)(a) Public safety officers commissioned under
subsection (1) of this section shall complete training necessary
for certification as a public safety officer at an academy
operated or authorized by the Department of Public Safety
Standards and Training. This subsection does not apply to public
safety officers who are certified under ORS 181.660 (2).
(b) The Department of Higher Education may use funds in
accordance with ORS 181.655 to help defray the costs of training
public safety officers employed by the Oregon University
System. + }
(3) The State Board of Higher Education, acting by and through
its { - special campus security officers - } { + public
safety officers + }, is a criminal justice agency for purposes of
rules adopted pursuant to ORS 181.730 (3).
SECTION 2. ORS 352.360 is amended to read:
352.360. (1) The State Board of Higher Education may
{ - enact such regulations as it shall deem - } { + adopt
rules that the board deems + } convenient or necessary to provide
for the policing, control and regulation of traffic and parking
of vehicles on the property of any institution under { - the
jurisdiction of the board - } { + its control + }. { - Such
regulations - } { + The rules + } may provide for the
registration of vehicles, the designation of parking areas, and
the assessment and collection of reasonable fees and charges for
parking { + . + } { - , and - } { + Rules adopted under this
section + } shall be filed in accordance with { - the
provisions of - } ORS chapter 183. The board may require that
before a quarterly or yearly parking privilege for any vehicle is
granted to any full-time or part-time student to use board
property, the student must show that the vehicle is operated by a
student holding a valid { - driver's - } { + driver + }
license, that the vehicle is currently registered and that the
student driving the vehicle is insured under a motor vehicle
liability insurance policy that meets the requirements described
under ORS 806.080 or that the student or owner of the vehicle has
provided the Department of Transportation with other satisfactory
proof of compliance with the financial responsibility
requirements of this state.
(2) { - The regulations enacted pursuant to - } { + Rules
adopted under + } subsection (1) of this section shall be
enforced administratively under procedures adopted by the board
for each institution under its { - jurisdiction - } { +
control + }. Administrative and disciplinary sanctions may be
imposed upon students, faculty and staff for violation of the
{ - regulations - } { + rules + }, including { + , + } but not
limited to, a reasonable monetary penalty { - which - }
{ + that + } may be deducted from student deposits, and faculty
or staff salaries or other funds in the possession of the
institution. The board shall provide opportunity for hearing for
the determination of controversies in connection with imposition
of fines or penalties.
{ - The board may prescribe procedures for such hearings
despite the provisions of - } { + Notwithstanding + } ORS
183.415, 183.450, 183.452, 183.460 and 183.470 { + , the board
may prescribe procedures for hearings under this subsection + }.
Persons other than students, faculty or staff may voluntarily
submit to the hearing procedures prescribed by the board
{ - , - } and shall be bound by the results
{ - thereof - } { + of the hearing + }. The powers granted to
the board by this section are supplemental to the existing powers
of the board with respect to the government of activities of
students, faculty and staff and the control and management of
{ - property under its jurisdiction - } { + each institution
under its control + }.
(3) { - The regulations enacted pursuant to - } { + Rules
adopted under + } subsection (1) of this section may also be
enforced by the impoundment of vehicles { + . + } { - , and - }
A reasonable fee may be { - enacted - } { + established + }
for the cost of impoundment and storage, if any, prior to the
release of the vehicles to their owners.
(4) All fees and charges for parking privileges and violations
are { - hereby - } continuously appropriated to the State
Board of Higher Education to be used to defray the costs of
constructing bicycle racks and bicycle lanes and of traffic
control, enforcement of traffic and parking { - regulations - }
{ + rules + }, and maintenance and operation of parking
facilities and for the purpose of acquiring and constructing
additional parking facilities for vehicles at the various
institutions, departments or activities under the control of the
board, and may also be credited to the Higher Education Bond
Sinking Fund provided for in ORS 351.460. Parking fees shall be
established at levels no greater than those required to finance
the construction, operation and maintenance of parking facilities
on the same campus of the state institution of higher education
on which the parking is provided. Notwithstanding ORS 351.072,
parking fees or changes in fees shall be adopted by rule of the
state board subject to the procedure for rules adopted in ORS
chapter 183.
(5) { - Every peace officer - } { + Public safety officers
commissioned under ORS 352.385 + } may enforce the
{ - regulations made - } { + rules adopted + } by the board
under subsection (1) of this section. { - The board, for the
purpose of enforcing its rules and regulations governing traffic
control, may appoint peace officers who shall have the same
authority as other peace officers as defined in ORS 133.005. - }
(6) The State Board of Higher Education and any municipal
corporation or any department, agency or political subdivision of
this state may enter into agreements or contracts with each other
for the purpose of providing a uniform system of enforcement of
the rules { - and regulations - } of the board { - enacted
pursuant to - } { + adopted under + } subsection (1) of this
section.
(7) In proceedings brought to enforce { - regulations enacted
pursuant to - } { + the rules adopted under + } subsection (1)
of this section, it { - shall be - } { + is + } sufficient to
charge the defendant by an unsworn written notice in accordance
with the provisions of ORS 221.333. In any case in which the
defendant is not subject to and does not voluntarily submit to
the hearing procedures prescribed under subsection (2) of this
section, proceedings to enforce
{ - regulations enacted pursuant to - } { + the rules adopted
under + } subsection (1) of this section shall be brought in the
name of the board in a circuit court, a justice court or a city
court for offenses committed within the territorial jurisdiction
of such court. Such courts shall have concurrent jurisdiction
over offenses committed within their respective jurisdictions.
All fines, penalties and court costs recovered shall be paid to
the clerk of the court involved and shall be disposed of as
provided in ORS 153.630.
SECTION 3. ORS 133.005 is amended to read:
133.005. As used in ORS 131.655 and 133.005 to 133.381 and
133.410 to 133.450, unless the context requires otherwise:
(1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
(2) 'Federal officer' means a special agent or law enforcement
officer employed by a federal agency and who is empowered to
effect an arrest with or without a warrant for violations of the
United States Code and who is authorized to carry firearms in the
performance of duty.
(3) 'Peace officer' means { + :
(a) + } A member of the Oregon State Police { - or - } { + ;
(b) + } A sheriff, constable, marshal { - , - } { + or + }
municipal police officer { - , - } { + ;
(c) An + } investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state { - , or - } { + ;
(d) + } An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon { + ; or
(e) A public safety officer employed by the Oregon University
System under ORS 352.385 + }.
SECTION 4. ORS 147.425 is amended to read:
147.425. (1) As used in this section:
(a) 'Health care provider' has the meaning given that term in
ORS 192.519.
(b) 'Law enforcement agency' means:
(A) A city or municipal police department.
(B) A county sheriff's office.
(C) The Oregon State Police.
(D) A district attorney.
(E) A { - special campus security officer - } { + public
safety officer + } commissioned under ORS 352.385 { - or
353.050 - } .
{ + (F) A special campus security officer commissioned under
ORS 353.050 (16). + }
(c) 'Person crime' means a person felony or person Class A
misdemeanor, as those terms are defined in the rules of the
Oregon Criminal Justice Commission.
(d) 'Personal representative' means a person selected under
subsection (2) of this section to accompany the victim of a crime
to certain phases of an investigation and prosecution.
(e) 'Protective service worker' means an employee or contractor
of a local or state agency whose role it is to protect children
or vulnerable adults from abuse or neglect.
(2) A victim of a person crime, who is at least 15 years of age
at the time the crime is committed, may select a person who is at
least 18 years of age as the victim's personal representative for
purposes of this section. The victim may not select a person who
is a suspect in, or a party or witness to, the crime as a
personal representative.
(3) Except for grand jury proceedings and child abuse
assessments occurring at a child advocacy center recognized by
the Department of Justice, a personal representative may
accompany the victim to those phases of the investigation,
including medical examinations, and prosecution of the crime at
which the victim is entitled or required to be present.
(4) A health care provider, law enforcement agency, protective
service worker or court may not prohibit a personal
representative from accompanying a victim as authorized by
subsection (3) of this section unless the health care provider,
law enforcement agency, protective service worker or court
believes that the personal representative would compromise the
process.
(5) A health care provider, law enforcement agency, protective
service worker or court is immune from any liability, civil or
criminal, that might otherwise be incurred or imposed with
respect to a decision under subsection (4) of this section to
prohibit a personal representative from accompanying a victim.
(6) The fact that a personal representative was allowed or was
not allowed to accompany a victim may not be used as a basis for
excluding otherwise admissible evidence.
(7) The fact that a victim has or has not selected a personal
representative under this section may not be used as evidence in
the criminal case.
SECTION 5. ORS 181.610 is amended to read:
181.610. In ORS 181.610 to 181.712, unless the context requires
otherwise:
(1) 'Abuse' has the meaning given the term in ORS 107.705.
(2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
(3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
(4) 'Commissioned' means an authorization granting the power to
perform various acts or duties of a police officer or certified
reserve officer and acting under the supervision and
responsibility of a county sheriff or as otherwise provided by
law.
(5) 'Corrections officer' means an officer or member of a law
enforcement unit who is employed full-time thereby and is charged
with and primarily performs the duty of custody, control or
supervision of individuals convicted of or arrested for a
criminal offense and confined in a place of incarceration or
detention other than a place used exclusively for incarceration
or detention of juveniles.
(6) 'Department' means the Department of Public Safety
Standards and Training.
(7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
(8) 'Domestic violence' means abuse between family or household
members.
(9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
(10) 'Family or household members' has the meaning given that
term in ORS 107.705.
(11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
include forest fire protection agency personnel.
(12)(a) 'Law enforcement unit' means a police force or
organization of the state, a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, Indian
reservation, Criminal Justice Division of the Department of
Justice, the Department of Corrections, the Oregon State Lottery
Commission or common carrier railroad whose primary duty, as
prescribed by law, ordinance or directive, is any one or more of
the following:
(A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
(B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
(C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation.
(b) 'Law enforcement unit' also means:
(A) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
whose employees are commissioned by a county sheriff; and
(B) A district attorney's office.
(13) 'Parole and probation officer' means:
(a) Any officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
(A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(B) Investigating adult offenders on parole or probation or
being considered for parole or probation.
(b) Any officer who:
(A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
(B) Is employed part-time by the Department of Corrections, a
county or a court; and
(C) Is charged with and performs the duty of:
(i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
(14) 'Police officer' means an officer, member or employee of a
law enforcement unit who is employed full-time as a peace officer
commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide
law enforcement services under ORS 451.010, Indian reservation,
{ + the Oregon University System, + } the Criminal Justice
Division of the Department of Justice, the Oregon State Lottery
Commission or the Governor or who is a member of the Department
of State Police and who is responsible for enforcing the criminal
laws of this state or laws or ordinances relating to airport
security or is an investigator of a district attorney's office if
the investigator is or has been certified as a peace officer in
this or any other state.
(15) 'Public or private safety agency' means any unit of state
or local government, a special purpose district or a private firm
which provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
(16) 'Public safety personnel' and 'public safety officer'
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators
and fire service professionals.
(17) 'Reserve officer' means an officer or member of a law
enforcement unit:
(a) Who is a volunteer or who is employed less than full-time
as a peace officer commissioned by a city, port, school district,
mass transit district, county, county service district authorized
to provide law enforcement services under ORS 451.010, Indian
reservation, { + the Oregon University System, + } the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or who is a member of the
Department of State Police;
(b) Who is armed with a firearm; and
(c) Who is responsible for enforcing the criminal laws and
traffic laws of this state or laws or ordinances relating to
airport security.
(18) 'Telecommunicator' means any person employed as an
emergency telephone worker as defined in ORS 243.736 or a public
safety dispatcher whose primary duties are receiving, processing
and transmitting public safety information received through a
9-1-1 emergency reporting system as defined in ORS 401.710.
(19) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the
duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
SECTION 6. ORS 181.655 is amended to read:
181.655. (1) The Department of Public Safety Standards and
Training, in consultation with the Board on Public Safety
Standards and Training, shall provide a reimbursement program
to { + :
(a) + } Local law enforcement units { - which - }
{ + that + } send police officers or corrections officers to the
training academy operated or authorized by the department.
{ + (b) The Department of Higher Education for sending public
safety officers to the training academy operated or authorized by
the Department of Public Safety Standards and Training. + }
{ + (2) + } { - Such - } { + The + } reimbursement shall
be to defray the cost of salaries and other expenses incurred
during the training of the officers.
{ - (2) - } { + (3) + } Such reimbursement program shall be
supported entirely out of funds maintained in the Police
Standards and Training Account after administrative and
operational expenses of the board and Department { + of Public
Safety Standards and Training + } can be met from existing
revenues.
{ - (3) - } { + (4) + } Reimbursement programs shall not
apply to nongovernmental organizations.
{ - (4) - } { + (5) + } Pursuant to ORS chapter 183, the
Department { + of Public Safety Standards and Training + }, in
consultation with the board, shall adopt rules necessary to carry
out the provisions of this section.
{ - (5) - } { + (6) + } Notwithstanding the provisions of
subsection (1) of this section, a common carrier railroad law
enforcement unit shall not be entitled to receive reimbursement
of any kind from the Department { + of Public Safety Standards
and Training + }.
SECTION 7. ORS 238.005 is amended to read:
238.005. For purposes of this chapter:
(1) 'Annuity' means payments for life derived from
contributions made by a member as provided in this chapter.
(2) 'Board' means the Public Employees Retirement Board.
(3) 'Calendar year' means 12 calendar months commencing on
January 1 and ending on December 31 following.
(4) 'Continuous service' means service not interrupted for more
than five years, except that such continuous service shall be
computed without regard to interruptions in the case of:
(a) An employee who had returned to the service of the employer
as of January 1, 1945, and who remained in that employment until
having established membership in the Public Employees Retirement
System.
(b) An employee who was in the armed services on January 1,
1945, and returned to the service of the employer within one year
of the date of being otherwise than dishonorably discharged and
remained in that employment until having established membership
in the Public Employees Retirement System.
(5) 'Creditable service' means any period of time during which
an active member is being paid a salary by a participating public
employer and for which benefits under this chapter are funded by
employer contributions and earnings on the fund. For purposes of
computing years of 'creditable service,' full months and major
fractions of a month shall be considered to be one-twelfth of a
year and shall be added to all full years. ' Creditable service'
includes all retirement credit received by a member.
(6) 'Earliest service retirement age' means the age attained by
a member when the member could first make application for
retirement under the provisions of ORS 238.280.
(7) 'Employee' includes, in addition to employees, public
officers, but does not include:
(a) Persons engaged as independent contractors.
(b) Seasonal, emergency or casual workers whose periods of
employment with any public employer or public employers do not
total 600 hours in any calendar year.
(c) Persons, other than workers in the Oregon Industries for
the Blind under ORS 346.190, provided sheltered employment or
made-work by a public employer in an employment or industries
program maintained for the benefit of such persons.
(d) Persons employed and paid from federal funds received under
the Emergency Job and Unemployment Assistance Act of 1974 (Public
Law 93-567) or any other federal program intended primarily to
alleviate unemployment. However, any such person shall be
considered an 'employee' if not otherwise excluded by paragraphs
(a) to (c) of this subsection and the public employer elects to
have the person so considered by an irrevocable written notice to
the board.
(e) Persons who are employees of a railroad, as defined in ORS
824.020, and who, as such employees, are included in a retirement
plan under federal railroad retirement statutes. This paragraph
shall be deemed to have been in effect since the inception of the
system.
(8) 'Final average salary' means whichever of the following is
greater:
(a) The average salary per calendar year paid by one or more
participating public employers to an employee who is an active
member of the system in three of the calendar years of membership
before the effective date of retirement of the employee, in which
three years the employee was paid the highest salary. The three
calendar years in which the employee was paid the largest total
salary may include calendar years in which the employee was
employed for less than a full calendar year. If the number of
calendar years of active membership before the effective date of
retirement of the employee is three or fewer, the final average
salary for the employee is the average salary per calendar year
paid by one or more participating public employers to the
employee in all of those years, without regard to whether the
employee was employed for the full calendar year.
(b) One-third of the total salary paid by a participating
public employer to an employee who is an active member of the
system in the last 36 calendar months of active membership before
the effective date of retirement of the employee.
(9) 'Firefighter' does not include a volunteer firefighter, but
does include:
(a) The State Fire Marshal, the chief deputy fire marshal and
deputy state fire marshals; and
(b) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of
uncontrolled fires as described in ORS 477.064.
(10) 'Fiscal year' means 12 calendar months commencing on July
1 and ending on June 30 following.
(11) 'Fund' means the Public Employees Retirement Fund.
(12)(a) 'Member' means a person who has established membership
in the system and whose membership has not been terminated as
described in ORS 238.095. 'Member' includes active, inactive and
retired members.
(b) 'Active member' means a member who is presently employed by
a participating public employer in a qualifying position and who
has completed the six-month period of service required by ORS
238.015.
(c) 'Inactive member' means a member who is not employed in a
qualifying position, whose membership has not been terminated in
the manner described by ORS 238.095, and who is not retired for
service or disability.
(d) 'Retired member' means a member who is retired for service
or disability.
(13)(a) 'Member account' means the regular account and the
variable account.
(b) 'Regular account' means the account established for each
active and inactive member under ORS 238.250.
(c) 'Variable account' means the account established for a
member who participates in the Variable Annuity Account under ORS
238.260.
(14) 'Normal retirement age' means:
(a) For a person who establishes membership in the system
before January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 58 years of age if the employee retires at that
age as other than a police officer or firefighter.
(b) For a person who establishes membership in the system on or
after January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 60 years of age if the employee retires at that
age as other than a police officer or firefighter.
(15) 'Pension' means annual payments for life derived from
contributions by one or more public employers.
(16) 'Police officer' includes:
(a) Employees of institutions defined in ORS 421.005 as
Department of Corrections institutions whose duties, as assigned
by the Director of the Department of Corrections, include the
custody of persons committed to the custody of or transferred to
the Department of Corrections and employees of the Department of
Corrections who were classified as police officers on or before
July 27, 1989, whether or not such classification was authorized
by law.
(b) Employees of the Department of State Police who are
classified as police officers by the Superintendent of State
Police.
(c) Employees of the Oregon Liquor Control Commission who are
classified as enforcement officers by the administrator of the
commission.
(d) Sheriffs and those deputy sheriffs or other employees of a
sheriff whose duties, as classified by the sheriff, are the
regular duties of police officers or corrections officers.
(e) Police chiefs and police personnel of a city who are
classified as police officers by the council or other governing
body of the city.
(f) Parole and probation officers employed by the Department of
Corrections, parole and probation officers who are transferred to
county employment under ORS 423.549 and adult parole and
probation officers, as defined in ORS 181.610, who are classified
as police officers for the purposes of this chapter by the county
governing body. If a county classifies adult parole and probation
officers as police officers for the purposes of this chapter, and
the employees so classified are represented by a labor
organization, any proposal by the county to change that
classification or to cease to classify adult parole and probation
officers as police officers for the purposes of this chapter is a
mandatory subject of bargaining.
(g) Police officers appointed under ORS 276.021 or 276.023.
(h) Employees of the Port of Portland who are classified as
airport police by the Board of Commissioners of the Port of
Portland.
(i) Employees of the State Department of Agriculture who are
classified as livestock police officers by the Director of
Agriculture.
(j) Employees of the Department of Public Safety Standards and
Training who are classified by the department as other than
secretarial or clerical personnel.
(k) Investigators of the Criminal Justice Division of the
Department of Justice.
(L) Corrections officers as defined in ORS 181.610.
(m) Employees of the Oregon State Lottery Commission who are
classified by the Director of the Oregon State Lottery as
enforcement agents pursuant to ORS 461.110.
(n) The Director of the Department of Corrections.
(o) An employee who for seven consecutive years has been
classified as a police officer as defined by this section, and
who is employed or transferred by the Department of Corrections
to fill a position designated by the Director of the Department
of Corrections as being eligible for police officer status.
(p) An employee of the Department of Corrections classified as
a police officer on or prior to July 27, 1989, whether or not
that classification was authorized by law, as long as the
employee remains in the position held on July 27, 1989. The
initial classification of an employee under a system implemented
pursuant to ORS 240.190 does not affect police officer status.
(q) Employees of a school district who are appointed and duly
sworn members of a law enforcement agency of the district as
provided in ORS 332.531 or otherwise employed full-time as police
officers commissioned by the district.
(r) Employees at youth correction facilities and juvenile
detention facilities under ORS 419A.050, 419A.052 and 420.005 to
420.915 who are required to hold valid Oregon teaching licenses
and who have supervisory, control or teaching responsibilities
over juveniles committed to the custody of the Department of
Corrections or the Oregon Youth Authority.
(s) Employees at youth correction facilities as defined in ORS
420.005 whose primary job description involves the custody,
control, treatment, investigation or supervision of juveniles
placed in such facilities.
(t) Employees of the Oregon Youth Authority who are classified
as juvenile parole and probation officers.
{ + (u) Employees of the Oregon University System who are
commissioned as public safety officers under ORS 352.385. + }
(17) 'Public employer' means the state, one of its agencies,
any city, county, or municipal or public corporation, any
political subdivision of the state or any instrumentality
thereof, or an agency created by one or more such governmental
organizations to provide governmental services. For purposes of
this chapter, such agency created by one or more governmental
organizations is a governmental instrumentality and a legal
entity with power to enter into contracts, hold property and sue
and be sued.
(18) 'Prior service credit' means credit provided under ORS
238.442 or under ORS 238.225 (2) to (6) (1999 Edition).
(19) 'Qualifying position' means one or more jobs with one or
more participating public employers in which an employee performs
600 or more hours of service in a calendar year, excluding any
service in a job for which a participating public employer does
not provide benefits under this chapter pursuant to an
application made under ORS 238.035.
(20) 'Retirement credit' means a period of time that is treated
as creditable service for the purposes of this chapter.
(21)(a) 'Salary' means the remuneration paid an employee in
cash out of the funds of a public employer in return for services
to the employer, plus the monetary value, as determined by the
Public Employees Retirement Board, of whatever living quarters,
board, lodging, fuel, laundry and other advantages the employer
furnishes the employee in return for services.
(b) 'Salary' includes but is not limited to:
(A) Payments of employee and employer money into a deferred
compensation plan, which are deemed salary paid in each month of
deferral;
(B) The amount of participation in a tax-sheltered or deferred
annuity, which is deemed salary paid in each month of
participation;
(C) Retroactive payments made to an employee to correct a
clerical error or pursuant to an award by a court or by order of
or a conciliation agreement with an administration agency charged
with enforcing federal or state law protecting the employee's
rights to employment or wages, which shall be allocated to and
deemed paid in the periods in which the work was done or in which
it would have been done; and
(D) Wages of a deceased member paid to a surviving spouse or
dependent children under ORS 652.190.
(c) 'Salary' or 'other advantages' does not include:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer;
(B) Payments for insurance coverage by an employer on behalf of
employee or employee and dependents, for which the employee has
no cash option;
(C) Payments made on account of an employee's death;
(D) Any lump sum payment for accumulated unused sick leave;
(E) Any accelerated payment of an employment contract for a
future period or an advance against future wages;
(F) Any retirement incentive, retirement severance pay,
retirement bonus or retirement gratuitous payment;
(G) Payments for periods of leave of absence after the date the
employer and employee have agreed that no future services
qualifying pursuant to ORS 238.015 (3) will be performed, except
for sick leave and vacation;
(H) Payments for instructional services rendered to
institutions of the Department of Higher Education or the Oregon
Health and Science University when such services are in excess of
full-time employment subject to this chapter. A person employed
under a contract for less than 12 months is subject to this
subparagraph only for the months to which the contract pertains;
or
(I) Payments made by an employer for insurance coverage
provided to a domestic partner of an employee.
(22) 'School year' means the period beginning July 1 and ending
June 30 next following.
(23) 'System' means the Public Employees Retirement System.
(24) 'Vested' means being an active member of the system in
each of five calendar years.
(25) 'Volunteer firefighter' means a firefighter whose position
normally requires less than 600 hours of service per year.
SECTION 8. ORS 243.005 is amended to read:
243.005. As used in ORS 243.005 to 243.045:
(1) 'Firefighter' means persons employed by a city, county or
district whose duties involve fire fighting and includes a
volunteer firefighter whose position normally requires less than
600 hours of service per year.
(2) { + (a) + } 'Police officer' includes { + :
(A) + } Police chiefs and police officers of a city who are
classified as police officers by the council or other governing
body of the city;
{ + (B) + } Sheriffs and those deputy sheriffs whose duties,
as classified by the county governing body { + , + } are the
regular duties of police officers;
{ + (C) + } Employees of districts { - , - } whose duties,
as classified by the governing body of the district { + , + } are
the regular duties of police officers;
{ + (D) + } Employees of the Department of State Police who
are classified as police officers by the Superintendent of State
Police;
{ + (E) Employees of the Oregon University System who are
commissioned as public safety officers under ORS 352.385;
(F) + } Employees of the Criminal Justice Division of the
Department of Justice who are classified by the Attorney General
as criminal investigators or criminal financial investigators;
{ + (G) + } Employees of the Oregon State Lottery Commission
who are classified by the Director of the Oregon State Lottery as
enforcement agents; and
{ + (H) + } Employees of Department of Corrections
institutions as defined in ORS 421.005 whose duties, as assigned
by the superintendent, include the custody of persons committed
to the custody of or transferred to the Department of Corrections
institution { - ; but - } { + .
(b) + } 'Police officer' does not include volunteer or reserve
police officers or persons considered by the respective governing
bodies to be civil deputies or clerical personnel.
(3) 'Public employer' means a city, a county or the state
{ - , - } or one of its agencies or political subdivisions that
employs police officers or firefighters.
SECTION 9. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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