74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 406
 
LC 1597/SB 406-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 406
 
                    By COMMITTEE ON JUDICIARY
 
                              May 9
 
  On page 1 of the printed bill, delete lines 4 through 30 and
delete page 2 and insert:
  '  { +  SECTION 1. + }  { + (1) As used in this section,
'humane investigation agency' means a private, nonprofit animal
care agency that has maintained an animal welfare investigation
department for at least five years and has had officers
commissioned as special agents by the Governor.
  ' (2) Upon the request of a humane investigation agency, the
Governor may commission persons designated by the humane
investigation agency who shall have the powers of peace officers
and, after being commissioned, may act as peace officers to
enforce ORS 167.310 to 167.351, 167.334, 167.352, 167.355,
167.360 to 167.375, 167.385, 167.387, 167.388 and 167.390.
  ' (3) Special agents commissioned under this section serve at
the pleasure of the Governor. The Governor may, for any reason
and at any time, refuse to commission a person as a special agent
or revoke a previously granted commission.
  ' (4) A special agent serves at the expense of the humane
investigation agency.
  ' (5) A humane investigation agency employing a special agent
is civilly responsible for any abuse of the special agent's
authority.
  ' (6) Before a commission described in subsection (2) of this
section becomes effective:
  ' (a) The humane investigation agency must enter into a
contract with the State of Oregon. The contract may provide:
  ' (A) For guidelines and policies to be followed by the humane
investigation agency and commissioned special agents;
  ' (B) That the humane investigation agency will assume
liability for the actions of the special agent and will indemnify
and hold harmless the State of Oregon and its agents and
employees from any claims that arise from the activities of the
special agent;
  ' (C) That the humane investigation agency will obtain
insurance coverage to cover claims that arise from the actions of
a commissioned special agent; and
  ' (D) That the humane investigation agency will provide to the
State of Oregon sufficient supporting documentation regarding the
insurance coverage.
  ' (b) The person who seeks to be commissioned as a special
agent must:
  ' (A) Consent to a background investigation; and
  ' (B) Sign an oath of office, provided by the Governor, that
requires the person to support the Constitution of the United
States, the Constitution of Oregon and the laws thereof, and to
faithfully discharge the duties of a special agent. + } ' .
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