75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2315
LC 628/HB 2315-1
HOUSE AMENDMENTS TO
HOUSE BILL 2315
By COMMITTEE ON JUDICIARY
February 18
On page 1 of the printed bill, line 3, delete 'and amending ORS
181.854 and 192.501' and insert 'amending ORS 181.662, 181.878
and 192.501; and declaring an emergency'.
On page 5, line 15, after 'the' delete the rest of the line and
line 16 and insert 'department issues the report described in ORS
181.662 or 181.878.'.
On page 9, line 7, after 'the' delete the rest of the line and
line 8 and insert 'department issues the report described in ORS
181.662 or 181.878.'.
Delete lines 9 through 45 and insert:
' { + SECTION 3. + } 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, renewing and revoking licenses for
executive managers and supervisory managers; and
' (b) Reviewing the private security services of executive
managers in relation to the licensing and certification standards
set forth in ORS 181.870 to 181.887.
' (2) In accordance with any applicable provision of ORS
chapter 183, to promote consistent standards for private security
services by improving the competence of private security
providers, the board, in conjunction with the Private Security
Policy Committee, shall establish reasonable minimum standards of
physical, emotional, intellectual and moral fitness for private
security providers.
' (3) The board, in consultation with the Department of Public
Safety Standards and Training, may establish by rule
accreditation standards for required training programs. The
board, in consultation with the Private Security Policy
Committee, may establish to what extent training or educational
programs offered by employers may be considered equivalent to
required training programs.
' (4) The department 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) In collaboration with the Private Security Policy
Committee, recommend for approval by the board the content of and
standards for all training courses and testing required for
certification as a private security professional and the
standards for all instructors providing the training;
' (c) Establish procedures in consultation with the board for
temporary assignment of persons performing private security
services for a period of no longer than 120 days while an
application for certification is being processed;
' (d) In collaboration with the Private Security Policy
Committee, 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;
' (B) The criminal records checks required by ORS 181.880; and
' (C) Any training program required by rules of the department
or board; and
' (e) In collaboration with the Private Security Policy
Committee, establish fees for accrediting training programs
offered by employers.
' (5) In establishing procedures for issuing certificates and
licenses under subsection (4)(a) of this section, the department
shall establish a procedure for issuing a certificate or license
to a person upon submission by the person of proof of successful
completion of a training program accredited by the board pursuant
to subsection (3) of this section as being equivalent to the
required training program offered by the department.
' (6) The department shall investigate alleged violations of
the provisions of ORS 181.870 to 181.887 and of any rules adopted
by the department or the board. { + The department shall issue a
report when the investigation is complete. + }
' (7) The department and the board may adopt rules necessary to
carry out their duties under ORS 181.870 to 181.887 and 181.991.
For efficiency, the department and board may adopt rules jointly
as a single set of combined rules.
' { + SECTION 4. + } ORS 181.662 is amended to read:
' 181.662. (1) The Department of Public Safety Standards and
Training may deny the application for training, or deny, suspend
or revoke the certification, of any instructor or public safety
officer, except a youth correction officer or fire service
professional, after written notice and hearing consistent with
the provisions of ORS 181.661, based upon a finding that:
' (a) The public safety officer or instructor falsified any
information submitted on the application for certification or on
any documents submitted to the Board on Public Safety Standards
and Training or the department.
' (b) The public safety officer or instructor has been
convicted of a crime or violation in this state or any other
jurisdiction.
' (c) The public safety officer or instructor does not meet the
applicable minimum standards, minimum training or the terms and
conditions established under ORS 181.640 (1)(a) to (d).
' (d) The public safety officer failed to comply with ORS
181.789 (3)(b).
' (2) The department shall deny, suspend or revoke the
certification of a fire service professional, after written
notice and hearing consistent with the provisions of ORS 181.661,
based upon a finding that the fire service professional has been
convicted in this state of a crime listed in ORS 137.700 or in
any other jurisdiction of a crime that, if committed in this
state, would constitute a crime listed in ORS 137.700.
' (3) The department may deny, suspend or revoke the
certification of any fire service professional after written
notice and hearing consistent with the provisions of ORS 181.661,
based upon a finding:
' (a) That the fire service professional falsified any
information submitted on the application for certification or on
any documents submitted to the board or the department; or
' (b) Consistent with ORS 670.280, that the fire service
professional is not fit to receive or hold the certification as a
result of conviction of a crime in this state, or in any other
jurisdiction, other than a crime described in subsection (2) of
this section.
' (4) The department shall deny, suspend or revoke the
certification of any public safety officer or instructor, except
a youth correction officer, after written notice and hearing
consistent with the provisions of ORS 181.661, based upon a
finding that the public safety officer or instructor has been
discharged for cause from employment as a public safety officer.
' (5) The department, in consultation with the board, shall
adopt rules specifying those crimes and violations for which a
conviction requires the denial, suspension or revocation of the
certification of a public safety officer or instructor.
' (6) Notwithstanding the lapse, suspension, revocation or
surrender of the certification of a public safety officer or
instructor, the department may:
' (a) Proceed with any investigation of, or any action or
disciplinary proceedings against, the public safety officer or
instructor; or
' (b) Revise or render void an order suspending or revoking the
certification.
' (7) The department shall deny, suspend or revoke the
accreditation of a training or educational program or any course,
subject, facility or instruction thereof if the program, course,
subject, facility or instruction is not in compliance with rules
adopted or conditions prescribed under ORS 181.640 (1)(g) or
181.650 (3). { +
' (8) When the department completes an investigation relating
to a person's qualifications for employment, training or
certification under this section, the department shall issue a
report. + }
' { + SECTION 5. + } { + The amendments to ORS 192.501 by
sections 1 and 2 of this 2009 Act apply to records in the
possession of the Department of Public Safety Standards and
Training on or after the effective date of this 2009 Act. + }
' { + SECTION 6. + } { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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