75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2790
LC 2287/HB 2790-4
HOUSE AMENDMENTS TO
HOUSE BILL 2790
By COMMITTEE ON JUDICIARY
April 29
On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line and delete line 3 and
insert ' amending ORS 181.620, 181.637 and 181.661.'.
Delete lines 5 through 28 and delete pages 2 through 8 and
insert:
' { + SECTION 1. + } ORS 181.620 is amended to read:
' 181.620. (1) The Governor shall appoint a Board on Public
Safety Standards and Training consisting of 24 members as
follows:
' (a) Two members { - shall be - } { + who are + } chiefs
of police recommended to the Governor by the Oregon Association
Chiefs of Police;
' (b) One member { - shall be - } { + who is + } a sheriff
recommended to the Governor by the Oregon State Sheriffs'
Association;
' (c) One member { - shall be - } { + who is + } a fire
chief recommended to the Governor by the Oregon Fire
{ - Chiefs' - } { + Chiefs + } Association;
' (d) One member { - shall be - } { + who is + } a
representative of the fire service recommended to the Governor by
the Oregon Fire District { - Directors' - } { + Directors + }
Association;
' (e) One member { - shall be - } { + who is + } a member
of the Oregon State Fire { - Fighter's - } { + Fighters + }
Council recommended to the Governor by the executive body of the
council;
' (f) One member { - shall be - } { + who is + } a
representative of corrections personnel recommended to the
Governor by the Oregon State Sheriffs' Association;
' (g) One member { - shall be - } { + who is + } a
representative of the fire service recommended to the Governor by
the Oregon Volunteer
{ - Fire Fighters' - } { + Firefighters + } Association;
' (h) One member { - shall be - } { + who is + } a
representative of public safety telecommunicators;
' (i) One member { - shall be - } { + who is + } a district
attorney recommended to the Governor by the Oregon District
Attorneys Association;
' (j) One member { - shall be - } { + who is + } the
Superintendent of State Police;
' (k) One member { - shall be - } { + who is + } the Chief
of the Portland Police Bureau;
' (L) One member { - shall be - } { + who is + } the State
Fire Marshal;
' (m) One member { - shall be - } { + who is + } the Chief
of the Portland Fire Bureau;
' (n) One member { - shall be - } { + who is + } the
Director of the Department of Corrections;
' (o) One member { - shall be - } { + who is + } the
Special Agent in Charge of the Federal Bureau of Investigation
for Oregon;
' { - (p) One member shall represent forest protection
agencies recommended to the Governor by the State Forestry
Department; - }
' { - (q) - } { + (p) + } One member { - shall be - }
{ + who is + } an administrator of a municipality recommended to
the Governor by the executive body of the League of Oregon
Cities;
' { - (r) - } { + (q) + } Two members { - shall be - }
{ + who are + } nonmanagement representatives of law
enforcement;
' { - (s) - } { + (r) + } One member { - shall be - }
{ + who is + } a public member. A person appointed as a public
member under this section { - shall be a person - } :
' (A) { - Who has - } { + May have + } no personal interest
or occupational responsibilities in the area of responsibility
given to the board; and
' (B) { - Who represents - } { + Must represent + } the
interests of the public in general;
' { - (t) - } { + (s) + } Two members { - shall be
representatives of - } { + recommended by and representing + }
the private security industry
{ - recommended to the Governor by the Private Security Policy
Committee; and - } { + ; + }
' { - (u) - } { + (t) + } One member { - shall be - }
{ + who is + } a representative of the collective bargaining
unit that represents the largest number of individual workers in
the Department of Corrections { - . - } { + ; and
' (u) One member who is a nonmanagement parole and probation
officer employed by a community corrections program. + }
' (2) The term of office of a member is three years, and no
member may be removed from office except for cause. Before the
expiration of the term of a member, the Governor shall appoint
the member's successor to assume the member's duties on July 1
next following. In case of a vacancy for any cause, the Governor
shall make an appointment, effective immediately, for the
unexpired term.
' (3) Except for members who serve by virtue of office, no
member shall serve more than two terms. For purposes of this
subsection, a person appointed to fill a vacancy consisting of an
unexpired term of at least one and one-half years has served a
full term.
' (4) Appointments of members of the board by the Governor,
except for those members who serve by virtue of office, are
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565.
' (5) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
' { + SECTION 2. + } ORS 181.637 is amended to read:
' 181.637. (1) The Board on Public Safety Standards and
Training shall establish the following policy committees:
' (a) Corrections Policy Committee;
' (b) Fire Policy Committee;
' (c) Police Policy Committee;
' (d) Telecommunications Policy Committee; and
' (e) Private Security Policy Committee.
' (2) The members of each policy committee shall select a
chairperson and vice chairperson for the policy committee. Only
members of the policy committee who are also members of the board
are eligible to serve as a chairperson or vice chairperson. The
vice chairperson may act as chairperson in the absence of the
chairperson.
' (3) The Corrections Policy Committee consists of:
' (a) All of the board members who represent the corrections
discipline;
' (b) The chief administrative officer of the training division
of the Department of Corrections;
' (c) A security manager from the Department of Corrections
{ + recommended by the Director of the Department of
Corrections + }; and
' (d) The following, who may not be current board members,
appointed by the chairperson of the board:
' (A) One person recommended by and representing the Oregon
State Sheriffs' Association;
' (B) Two persons recommended by and representing the Oregon
{ - Jail Managers' Association - } { + Sheriff's Jail Command
Council + };
' (C) One person recommended by and representing a statewide
association of community corrections directors;
' (D) One nonmanagement corrections officer employed by the
Department of Corrections; { - and - }
' (E) One corrections officer who is a female, who is employed
by the Department of Corrections at a women's correctional
facility and who is a member of a bargaining unit { + ; and
' (F) Two nonmanagement corrections officers + }.
' (4) The Fire Policy Committee consists of:
' (a) All of the board members who represent the fire service
discipline; and
' (b) The following, who may not be current board members,
appointed by the chairperson of the board:
' (A) One person recommended by and representing a statewide
association of fire instructors;
' (B) One person recommended by and representing a statewide
association of fire marshals;
' (C) One person recommended by and representing community
college fire programs; { - and - }
' (D) One nonmanagement firefighter recommended by a statewide
organization of firefighters { + ; and
' (E) One person representing the forest protection agencies
and recommended by the State Forestry Department + }.
' (5) The Police Policy Committee consists of:
' (a) All of the board members who represent the law
enforcement discipline; and
' (b) The following, who may not be current board members,
appointed by the chairperson of the board:
' (A) One person recommended by and representing the Oregon
Association Chiefs of Police;
' (B) Two persons recommended by and representing the Oregon
State Sheriffs' Association;
' (C) One command officer recommended by and representing the
Oregon State Police; and
' (D) { - One - } { + Three + } nonmanagement law
enforcement { - officer - } { + officers + }.
' (6) The Telecommunications Policy Committee consists of:
' (a) All of the board members who represent the
telecommunications discipline; and
' (b) The following, who may not be current board members,
appointed by the chairperson of the board:
' (A) Two persons recommended by and representing a statewide
association of public safety communications officers;
' (B) One person recommended by and representing the Oregon
Association Chiefs of Police;
' (C) One person recommended by and representing the Oregon
State Police;
' (D) Two persons representing telecommunicators;
' (E) One person recommended by and representing the Oregon
State Sheriffs' Association;
' (F) One person recommended by and representing the Oregon
Fire { - Chiefs' - } { + Chiefs + } Association;
' (G) One person recommended by and representing the Emergency
Medical Services and Trauma Systems Program of the Department of
Human Services; and
' (H) One person representing paramedics and recommended by a
statewide association dealing with fire medical issues.
' (7) The Private Security Policy Committee consists of:
' (a) All of the board members who represent the private
security industry; and
' (b) The following, who may not be current board members,
appointed by the chairperson of the board:
' (A) One person representing unarmed private security
professionals;
' (B) One person representing armed private security
professionals;
' (C) One person representing the health care industry;
' (D) One person representing the manufacturing industry;
' (E) One person representing the retail industry;
' (F) One person representing the hospitality industry;
' (G) One person representing private business or a
governmental entity that utilizes private security services;
' (H) One person representing persons who monitor alarm
systems;
' (I) Two persons who are investigators licensed under ORS
703.430, one of whom is recommended by the Oregon State Bar and
one of whom is in private practice; and
' (J) One person who represents the public at large and who is
not related within the second degree by affinity or consanguinity
to a person who is employed or doing business as a private
security professional or executive manager, as defined in ORS
181.870, or as an investigator, as defined in ORS 703.401.
' (8) In making appointments to the policy committees under
this section, the chairperson of the board shall seek to reflect
the diversity of the state's population. An appointment made by
the chairperson of the board must be ratified by the board before
the appointment is effective. The chairperson of the board may
remove an appointed member for just cause. An appointment to a
policy committee that is based on the member's employment is
automatically revoked if the member changes employment. The
chairperson of the board shall fill a vacancy in the same manner
as making an initial appointment. The term of an appointed member
is two years. An appointed member may be appointed to a second
term.
' (9) A policy committee may meet at such times and places as
determined by the policy committee in consultation with the
Department of Public Safety Standards and Training. A majority of
a policy committee constitutes a quorum to conduct business. A
policy committee may create subcommittees if needed.
' (10)(a) Each policy committee shall develop policies,
requirements, standards and rules relating to its specific
discipline. A policy committee shall submit its policies,
requirements, standards and rules to the board for the board's
consideration. When a policy committee submits a policy,
requirement, standard or rule to the board for the board's
consideration, the board shall:
' (A) Approve the policy, requirement, standard or rule;
' (B) Disapprove the policy, requirement, standard or rule; or
' (C) Defer a decision and return the matter to the policy
committee for revision or reconsideration.
' (b) The board may defer a decision and return a matter
submitted by a policy committee under paragraph (a) of this
subsection only once. If a policy, requirement, standard or rule
that was returned to a policy committee is resubmitted to the
board, the board shall take all actions necessary to implement
the policy, requirement, standard or rule unless the board
disapproves the policy, requirement, standard or rule.
' (c) Disapproval of a policy, requirement, standard or rule
under paragraph (a) or (b) of this subsection requires a
two-thirds vote by the members of the board.
' (11) At any time after submitting a matter to the board, the
chairperson of the policy committee may withdraw the matter from
the board's consideration.
' { + SECTION 3. + } ORS 181.661 is amended to read:
' 181.661. { + (1) + } When the Department of Public Safety
Standards and Training { - denies application or certification
or the department or - } { + , the + } Board on Public Safety
Standards and Training { + or a policy committee of the board
established under ORS 181.637 + } believes there is a reasonable
basis for { + denying, + } suspending or revoking { + , as
applicable, + } the { + application or + } certification of an
instructor or a public safety officer, except a youth correction
officer { - or fire service professional - } , notice and
opportunity for a hearing shall be provided in accordance with
rules approved by the board and in accordance with ORS 183.415
and 183.417 prior to { + denial, + } suspension or revocation.
' { + (2)(a) Pursuant to rules adopted under ORS 181.640 and
181.662, the policy committee in the relevant discipline and the
board shall review denials, suspensions and revocations based on
discretionary grounds.
' (b) If a policy committee votes to recommend denial or
revocation of the application or certification of an instructor
or a public safety officer pursuant to paragraph (a) of this
subsection, the notice and opportunity for a hearing required
under subsection (1) of this section shall be provided after the
committee has voted and before the board considers the
committee's recommendation.
' (c) If the board disapproves the policy committee's
recommendation under paragraph (b) of this subsection, the
department shall withdraw the notice issued under subsection (1)
of this section.
' (d)(A) For cases originally considered by a policy committee,
if the department proposes to amend an administrative law judge's
proposed order issued in response to a request for a hearing by
an instructor or a public safety officer under subsection (1) of
this section, the committee shall consider the proposed amendment
before the department may issue a final order pursuant to ORS
181.640.
' (B) The department's final order may not incorporate the
proposed amendment unless the policy committee approves the
amendment. + } ' .
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