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 1597
 
                           A-Engrossed
 
                         Senate Bill 406
                   Ordered by the Senate May 9
             Including Senate Amendments dated May 9
 
Sponsored by COMMITTEE ON RULES
 
 
                             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.
 
    { - Authorizes Department of Public Safety Standards and
Training to appoint and commission humane special agents. Directs
department and Board on Public Safety Standards and Training to
establish standards of fitness and training and certification
program for humane special agents. Directs department to provide
training. - }
   { +  Authorizes Governor, upon request from humane
investigation agency, to commission persons designated by humane
investigation agency as special agents. Requires humane
investigation agency to enter into contract with state regarding
agency's responsibilities for commissioned special agents. + }
 
                        A BILL FOR AN ACT
Relating to humane special agents.
Be It Enacted by the People of the State of Oregon:
  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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