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
B-Engrossed
Senate Bill 406
Ordered by the House June 8
Including Senate Amendments dated May 9 and House Amendments
dated
June 8
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 Governor, upon request from humane investigation
agency, to commission persons designated by humane investigation
agency as { + humane + } special agents. Requires humane
investigation agency to enter into contract with state regarding
agency's responsibilities for commissioned { + humane + }
special agents.
{ + Requires humane investigation agencies to work
cooperatively with law enforcement agencies. Requires humane
special agents to defer to direction of law enforcement agency if
law enforcement agency is investigating violation of animal
welfare laws in law enforcement agency's geographic jurisdiction.
Establishes conditions regarding employment and training of
humane 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 and sections 2 and
3 of this 2007 Act:
(a) 'Animal welfare laws' includes ORS 164.055 (1)(e), 167.310
to 167.351, 167.334, 167.352, 167.355, 167.360 to 167.375,
167.385, 167.387, 167.388, 167.390 and 167.426 to 167.439.
(b) '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.
(c) 'Humane special agent' means a person who has been
commissioned under this section.
(d) 'Law enforcement agency' includes county sheriffs,
municipal police departments, the Department of State Police,
other police departments of this state and any district attorney.
(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 animal welfare laws.
(3) Humane special agents serve at the pleasure of the
Governor. The Governor may, for any reason and at any time,
refuse to commission a person as a humane special agent or revoke
a previously granted commission.
(4) A humane special agent serves at the expense of the humane
investigation agency.
(5) A humane investigation agency employing a humane special
agent is civilly responsible for any abuse of the humane 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 shall provide:
(A) For guidelines and policies to be followed by the humane
investigation agency and humane special agents;
(B) That the humane investigation agency will assume liability
for the actions of a humane 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 humane
special agent;
(C) That the humane investigation agency will obtain insurance
coverage to cover claims that arise from the actions of a humane
special agent; and
(D) That the humane investigation agency will provide to the
State of Oregon sufficient supporting documentation regarding the
insurance coverage; and
(b) The person who seeks to be commissioned as a humane 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 humane special agent. + }
SECTION 2. { + (1) Humane investigation agencies shall work
cooperatively with law enforcement agencies. If a law enforcement
agency requests assistance with the investigation of a violation
of animal welfare laws, the humane investigation agency shall
provide assistance to the maximum extent the humane investigation
agency determines is possible given the resources available.
(2)(a) A humane special agent shall defer to the direction of a
law enforcement agency if the law enforcement agency is
investigating a violation of animal welfare laws in the law
enforcement agency's geographic jurisdiction.
(b) A humane investigation agency may execute a search warrant
only with the oversight and prior consent of the law enforcement
agency having primary jurisdiction over the geographic area
within which the search warrant is to be executed.
(3) An allegation that a humane special agent has abused the
agent's authority:
(a) May be investigated by a law enforcement agency or the
Governor; and
(b) Shall be forwarded to the Governor if the allegation is
received by a humane investigation agency or a law enforcement
agency. + }
SECTION 3. { + (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 humane special agent
by any humane investigation agency for more than 12 months
unless:
(a) The person is a citizen of the United States; and
(b) The person meets the standards for certification as a
police officer or certified reserve officer under the provisions
of ORS 181.610 to 181.712.
(2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to meet the standards described in subsection (1) of
this section within 12 months of employment. 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 humane special agent without meeting those standards. 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 humane special agent by any humane
investigation agency shall commence the training necessary to
meet the standards described in subsection (1) of this section at
an academy operated or authorized by the department not later
than the 90th day after the date of the agent's employment by the
humane investigation agency.
(4) A humane investigation agency may delay the commencement of
training of a humane special agent for up to 120 days from the
date of the agent's employment when it considers the delay
necessary. When a humane investigation agency delays commencement
of a humane special agent's training under this subsection, it
shall file a written statement with the department.
(5) When a delay in the commencement of training necessary 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) A person employed as a humane special agent by a humane
investigation agency must complete the necessary training at an
academy operated or authorized by the department.
(7) The humane investigation agency shall bear the expense of
training humane special agents.
(8) The department may provide the humane special agent or
humane investigation agency with documentation that the humane
special agent meets the standards described in subsection (1) of
this section. + }
----------