Bill Text: OR SB1528 | 2012 | Regular Session | Enrolled
Bill Title: Relating to liquor enforcement inspectors; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2012-03-20 - Effective date, March 16, 2012. [SB1528 Detail]
Download: Oregon-2012-SB1528-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1528
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to liquor enforcement inspectors; creating new
provisions; amending ORS 133.005, 133.525, 133.721, 133.726,
153.005, 161.015, 163.095, 165.805, 166.070, 181.010, 181.610,
181.645, 181.665, 238.005, 471.001, 471.360, 471.375, 471.675,
471.775, 659A.320 and 802.250; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
LIQUOR CONTROL ACT + }
SECTION 1. ORS 471.001 is amended to read:
471.001. As used in this chapter and ORS chapter 473:
(1) 'Alcoholic beverage' and 'alcoholic liquor' mean any liquid
or solid containing more than one-half of one percent alcohol by
volume and capable of being consumed by a human being.
(2) 'Commercial establishment' means a place of business:
(a) Where food is cooked and served;
(b) That has kitchen facilities adequate for the preparation
and serving of meals;
(c) That has dining facilities adequate for the serving and
consumption of meals; and
(d) That:
(A) If not a for-profit private club, serves meals to the
general public; or
(B) If a for-profit private club, serves meals to the club's
members and guests and complies with any minimum membership and
food service requirements established by Oregon Liquor Control
Commission rules.
(3) 'Commission' means the Oregon Liquor Control Commission.
(4) 'Distilled liquor' means any alcoholic beverage other than
a wine, cider or malt beverage. 'Distilled liquor' includes
distilled spirits.
(5) 'Licensee' means any person holding a license issued under
this chapter.
{ + (6) 'Liquor enforcement inspector' means a full-time
employee of the commission who is authorized to act as an agent
of the commission in conducting inspections or investigations,
making arrests and seizures, aiding in prosecutions for offenses,
Enrolled Senate Bill 1528 (SB 1528-A) Page 1
issuing citations for violations and otherwise enforcing this
chapter, ORS 474.005 to 474.095 and 474.115, commission rules and
any other statutes the commission considers related to alcoholic
liquor. + }
{ - (6)(a) - } { + (7)(a) + } 'Malt beverage' means an
alcoholic beverage obtained by the fermentation of grain that
contains not more than 14 percent alcohol by volume.
(b) 'Malt beverage' includes:
(A) Beer, ale, porter, stout and similar alcoholic beverages
containing not more than 14 percent alcohol by volume;
(B) Malt beverages containing six percent or less alcohol by
volume and that contain at least 51 percent alcohol by volume
obtained by the fermentation of grain, as long as not more than
49 percent of the beverage's overall alcohol content is obtained
from flavors and other added nonbeverage ingredients containing
alcohol; and
(C) Malt beverages containing more than six percent alcohol by
volume that derive not more than 1.5 percent of the beverage's
overall alcohol content by volume from flavors and other added
nonbeverage ingredients containing alcohol.
(c) 'Malt beverage' does not include cider or an alcoholic
beverage obtained primarily by fermentation of rice, such as
sake.
{ - (7) - } { + (8) + } 'Manufacturer' means every person
who produces, brews, ferments, manufactures or blends an
alcoholic beverage within this state or who imports or causes to
be imported into this state an alcoholic beverage for sale or
distribution within the state.
{ - (8) - } { + (9) + } 'Permittee' means a person holding
a permit issued under ORS 471.360 to 471.390.
{ - (9) - } { + (10) + } 'Premises' or 'licensed premises'
means a location licensed under this chapter and includes all
enclosed areas at the location that are used in the business
operated at the location, including offices, kitchens, rest rooms
and storerooms, including all public and private areas where
patrons are permitted to be present. 'Premises' or 'licensed
premises ' includes areas outside of a building that the
commission has specifically designated as approved for alcoholic
beverage service or consumption.
{ - (10) - } { + (11) + } 'Wine' means any fermented vinous
liquor or fruit juice, or other fermented beverage fit for
beverage purposes that is not a malt beverage, containing more
than one-half of one percent of alcohol by volume and not more
than 21 percent of alcohol by volume. 'Wine' includes fortified
wine. 'Wine' does not include cider.
SECTION 2. ORS 471.360 is amended to read:
471.360. (1) Except as otherwise provided in ORS 471.375:
(a) Any person employed by a licensee of the Oregon Liquor
Control Commission who participates in any manner in the mixing,
selling or service of alcoholic liquor for consumption on the
premises where served or sold shall have a valid service permit
issued by the commission.
(b) { - No - } { + A + } licensee of the commission
{ - shall - } { + may not + } permit any person to mix, sell
or serve any alcoholic liquor for consumption on licensed
premises unless { - such - } { + the + } person has a valid
service permit issued by the commission.
(c) A permittee shall make the service permit available at any
time while on duty for immediate inspection by any
{ - inspector or investigator employed by the commission - }
Enrolled Senate Bill 1528 (SB 1528-A) Page 2
{ + liquor enforcement inspector + } or by any other peace
officer.
(2) The commission may waive the requirement for a service
permit for an employee of a licensee whose primary function is
not the sale of alcoholic liquor or food, including but not
limited to public passenger carriers, hospitals, or convalescent,
nursing or retirement homes.
SECTION 3. ORS 471.375 is amended to read:
471.375. (1) Any person who has not had a permit refused or
revoked or whose permit is not under suspension may mix, sell or
serve alcoholic beverages for consumption on licensed premises if
the person prepares in duplicate an application for a service
permit prior to mixing, selling or serving any alcoholic beverage
for consumption on licensed premises and the application is
indorsed as required under subsection (2) of this section. A copy
of the indorsed application must be kept on the licensed premises
by any licensee for whom the person mixes, sells or serves
alcoholic beverages and must be made available for immediate
inspection by any { - inspector or investigator employed by the
Oregon Liquor Control Commission - } { + liquor enforcement
inspector + } or by any other peace officer until the applicant
receives the service permit.
(2) An application for a service permit under subsection (1) of
this section must be indorsed by one of the following persons:
(a) The licensee under whose license the applicant will mix,
sell or serve alcoholic beverages. If a licensee indorses an
application, the licensee must immediately transmit the
application to the commission with the fee required by subsection
(3) of this section.
(b) An officer or employee of a company that provides servers
to licensees on a temporary basis. The commission must give a
company written approval to indorse service permit applications
before an application may be indorsed under this paragraph.
(c) An employee of the commission designated by the commission
to accept and indorse applications under this section. The
applicant must personally appear before the employee of the
commission and provide identification as may be required by
commission rule.
(d) An employee of an alcohol server education course provider
that has been certified by the commission under ORS 471.542 (8).
The employee must be specifically designated by the provider to
indorse applications under this section.
(3) An applicant for a service permit must be 18 years of age
or over. Application for a service permit shall be made on a form
supplied by the commission. The applicant shall truly answer all
questions, provide any further information required, and pay a
fee not to exceed $10. The commission shall either set the fee to
cover only the administrative costs of the service permit
program, or apply any excess to the Alcohol Education Program
established under ORS 471.541.
SECTION 4. ORS 471.675 is amended to read:
471.675. { - No person shall - } { + A person may not + }
forcibly resist lawful arrest, or by physical contact recklessly
interfere with an investigation of any infringement of the Liquor
Control Act { - or the Oregon Distilled Liquor Control Act - }
or with any lawful search or seizure being made by { - an
officer or inspector of the Oregon Liquor Control Commission,
when such person knows or should know that such acts are being
performed by an officer or inspector of the commission. - } { +
a peace officer or a liquor enforcement inspector if the person
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knows or should know that the investigation, search or seizure is
being performed by a peace officer or liquor enforcement
inspector. + }
SECTION 5. ORS 471.775 is amended to read:
471.775. (1) The provisions of ORS 183.440 shall apply to
subpoenas issued by each member of the Oregon Liquor Control
Commission or any of its authorized agents.
(2) { - Inspectors and investigators employed by the
commission shall have all the authority given by statute to peace
officers of this state, including authority to serve and execute
warrants of arrest and warrants of search and seizure. - } { +
Liquor enforcement inspectors have authority as provided under
this chapter, ORS chapter 153, ORS 133.005 to 133.400, 133.450,
133.525 to 133.703, 133.721 to 133.739, 161.235, 161.239 and
161.245 and chapter 743, Oregon Laws 1971, to conduct inspections
or investigations, make arrests and seizures, aid in prosecutions
for offenses, issue criminal citations and citations for
violations and otherwise enforce this chapter, ORS 474.005 to
474.095 and 474.115, commission rules and any other laws of this
state that the commission considers related to alcoholic liquor,
including but not limited to laws regarding the manufacture,
importation, transportation, possession, distribution, sale or
consumption of alcoholic beverages, the manufacture or use of
false identification or the entry of premises licensed to sell
alcoholic liquor. + }
{ +
INVESTIGATIONS, ARRESTS AND CITATIONS + }
SECTION 6. ORS 133.005 is amended to read:
133.005. As used in ORS 133.005 to 133.400 and 133.410 to
133.450, unless the context requires otherwise:
(1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
(2) 'Federal officer' means a special agent or law enforcement
officer employed by a federal agency who is empowered to effect
an arrest with or without a warrant for violations of the United
States Code and who is authorized to carry firearms in the
performance of duty.
(3) 'Peace officer' means:
(a) A member of the Oregon State Police;
(b) A sheriff, constable, marshal, municipal police officer or
reserve officer or a police officer commissioned by a university
under ORS 352.383;
(c) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state;
(d) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon; { - or - }
(e) An authorized tribal police officer as defined in section
1, chapter 644, Oregon Laws 2011 { - . - } { + ; or
(f) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2). + }
(4) 'Reserve officer' means an officer or member of a law
enforcement agency who is:
(a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
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provide law enforcement services under ORS 451.010, the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or a member of the Department
of State Police;
(b) Armed with a firearm; and
(c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
SECTION 7. ORS 133.005, as amended by section 39, chapter 644,
Oregon Laws 2011, is amended to read:
133.005. As used in ORS 133.005 to 133.400 and 133.410 to
133.450, unless the context requires otherwise:
(1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
(2) 'Federal officer' means a special agent or law enforcement
officer employed by a federal agency who is empowered to effect
an arrest with or without a warrant for violations of the United
States Code and who is authorized to carry firearms in the
performance of duty.
(3) 'Peace officer' means:
(a) A member of the Oregon State Police;
(b) A sheriff, constable, marshal, municipal police officer or
reserve officer or a police officer commissioned by a university
under ORS 352.383;
(c) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state; { - or - }
(d) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon { - . - } { + ; or
(e) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2). + }
(4) 'Reserve officer' means an officer or member of a law
enforcement agency who is:
(a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or a member of the Department
of State Police;
(b) Armed with a firearm; and
(c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
SECTION 8. ORS 133.525 is amended to read:
133.525. As used in ORS 133.525 to 133.703, unless the context
requires otherwise:
(1) 'Judge' means any judge of the circuit court, the Court of
Appeals, the Supreme Court, any justice of the peace or municipal
judge authorized to exercise the powers and perform the duties of
a justice of the peace.
(2) 'Police officer' means:
(a) A member of the Oregon State Police;
(b) A sheriff or municipal police officer, a police officer
commissioned by a university under ORS 352.383 or an authorized
tribal police officer as defined in section 1, chapter 644,
Oregon Laws 2011;
Enrolled Senate Bill 1528 (SB 1528-A) Page 5
(c) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state; { - or - }
(d) An investigator of the Criminal Justice Division of the
Department of Justice { - . - } { + ; or
(e) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2). + }
SECTION 9. ORS 133.525, as amended by section 40, chapter 644,
Oregon Laws 2011, is amended to read:
133.525. As used in ORS 133.525 to 133.703, unless the context
requires otherwise:
(1) 'Judge' means any judge of the circuit court, the Court of
Appeals, the Supreme Court, any justice of the peace or municipal
judge authorized to exercise the powers and perform the duties of
a justice of the peace.
(2) 'Police officer' means:
(a) A member of the Oregon State Police;
(b) A sheriff or municipal police officer or a police officer
commissioned by a university under ORS 352.383;
(c) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state; { - or - }
(d) An investigator of the Criminal Justice Division of the
Department of Justice { - . - } { + ; or
(e) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2). + }
SECTION 10. ORS 133.721 is amended to read:
133.721. As used in ORS 41.910 and 133.721 to 133.739, unless
the context requires otherwise:
(1) 'Aggrieved person' means a person who was a party to any
wire, electronic or oral communication intercepted under ORS
133.724 or 133.726 or a person against whom the interception was
directed and who alleges that the interception was unlawful.
(2) 'Contents,' when used with respect to any wire, electronic
or oral communication, includes any information concerning the
identity of the parties to such communication or the existence,
substance, purport or meaning of that communication.
(3) 'Electronic communication' means any transfer of signs,
signals, writing, images, sounds, data or intelligence of any
nature transmitted in whole or in part by a radio,
electromagnetic, photoelectronic or photo-optical system, or
transmitted in part by wire, but does not include:
(a) Any oral communication or any communication that is
completely by wire; or
(b) Any communication made through a tone-only paging device.
(4) 'Electronic, mechanical or other device' means any device
or apparatus that can be used to intercept a wire, electronic or
oral communication other than:
(a) Any telephone or telegraph instrument, equipment or
facility, or any component thereof that is furnished to the
subscriber or user by a telecommunications carrier in the
ordinary course of its business and that is being used by the
subscriber or user in the ordinary course of its business or
being used by a telecommunications carrier in the ordinary course
of its business, or by an investigative or law enforcement
officer in the ordinary course of official duties; or
(b) A hearing aid or similar device being used to correct
subnormal hearing to not better than normal.
(5) 'Intercept' means the acquisition, by listening or
recording, of the contents of any wire, electronic or oral
Enrolled Senate Bill 1528 (SB 1528-A) Page 6
communication through the use of any electronic, mechanical or
other device.
(6) 'Investigative or law enforcement officer' means:
(a) An officer or other person employed to investigate or
enforce the law by:
(A) A county sheriff or municipal police department, or a
police department established by a university under ORS 352.383;
(B) The Oregon State Police, the Department of Corrections, the
Attorney General or a district attorney; or
(C) Law enforcement agencies of other states or the federal
government; { - or - }
(b) An authorized tribal police officer as defined in section
1, chapter 644, Oregon Laws 2011 { - . - } { + ; or
(c) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2). + }
(7) 'Oral communication' means:
(a) Any oral communication, other than a wire or electronic
communication, uttered by a person exhibiting an expectation that
such communication is not subject to interception under
circumstances justifying such expectation; or
(b) An utterance by a person who is participating in a wire or
electronic communication, if the utterance is audible to another
person who, at the time the wire or electronic communication
occurs, is in the immediate presence of the person participating
in the communication.
(8) 'Telecommunications carrier' means:
(a) A telecommunications utility as defined in ORS 759.005; or
(b) A cooperative corporation organized under ORS chapter 62
that provides telecommunications services.
(9) 'Telecommunications service' has the meaning given that
term in ORS 759.005.
(10) 'Wire communication' means any communication made in whole
or in part through the use of facilities for the transmission of
communications by the aid of wire, cable or other like connection
between the point of origin and the point of reception, whether
furnished or operated by a public utility or privately owned or
leased.
SECTION 11. ORS 133.721, as amended by section 70, chapter 644,
Oregon Laws 2011, is amended to read:
133.721. As used in ORS 41.910 and 133.721 to 133.739, unless
the context requires otherwise:
(1) 'Aggrieved person' means a person who was a party to any
wire, electronic or oral communication intercepted under ORS
133.724 or 133.726 or a person against whom the interception was
directed and who alleges that the interception was unlawful.
(2) 'Contents,' when used with respect to any wire, electronic
or oral communication, includes any information concerning the
identity of the parties to such communication or the existence,
substance, purport or meaning of that communication.
(3) 'Electronic communication' means any transfer of signs,
signals, writing, images, sounds, data or intelligence of any
nature transmitted in whole or in part by a radio,
electromagnetic, photoelectronic or photo-optical system, or
transmitted in part by wire, but does not include:
(a) Any oral communication or any communication that is
completely by wire; or
(b) Any communication made through a tone-only paging device.
(4) 'Electronic, mechanical or other device' means any device
or apparatus that can be used to intercept a wire, electronic or
oral communication other than:
Enrolled Senate Bill 1528 (SB 1528-A) Page 7
(a) Any telephone or telegraph instrument, equipment or
facility, or any component thereof that is furnished to the
subscriber or user by a telecommunications carrier in the
ordinary course of its business and that is being used by the
subscriber or user in the ordinary course of its business or
being used by a telecommunications carrier in the ordinary course
of its business, or by an investigative or law enforcement
officer in the ordinary course of official duties; or
(b) A hearing aid or similar device being used to correct
subnormal hearing to not better than normal.
(5) 'Intercept' means the acquisition, by listening or
recording, of the contents of any wire, electronic or oral
communication through the use of any electronic, mechanical or
other device.
(6) 'Investigative or law enforcement officer' means { + :
(a) + } An officer or other person employed to investigate or
enforce the law by:
{ - (a) - } { + (A) + } A county sheriff or municipal
police department, or a police department established by a
university under ORS 352.383;
{ - (b) - } { + (B) + } The Oregon State Police, the
Department of Corrections, the Attorney General or a district
attorney; or
{ - (c) - } { + (C) + } Law enforcement agencies of other
states or the federal government { - . - } { + ; or
(b) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2). + }
(7) 'Oral communication' means:
(a) Any oral communication, other than a wire or electronic
communication, uttered by a person exhibiting an expectation that
such communication is not subject to interception under
circumstances justifying such expectation; or
(b) An utterance by a person who is participating in a wire or
electronic communication, if the utterance is audible to another
person who, at the time the wire or electronic communication
occurs, is in the immediate presence of the person participating
in the communication.
(8) 'Telecommunications carrier' means:
(a) A telecommunications utility as defined in ORS 759.005; or
(b) A cooperative corporation organized under ORS chapter 62
that provides telecommunications services.
(9) 'Telecommunications service' has the meaning given that
term in ORS 759.005.
(10) 'Wire communication' means any communication made in whole
or in part through the use of facilities for the transmission of
communications by the aid of wire, cable or other like connection
between the point of origin and the point of reception, whether
furnished or operated by a public utility or privately owned or
leased.
SECTION 12. ORS 133.726 is amended to read:
133.726. (1) Notwithstanding ORS 133.724, under the
circumstances described in this section, a law enforcement
officer is authorized to intercept an oral communication to which
the officer or a person under the direct supervision of the
officer is a party, without obtaining an order for the
interception of a wire, electronic or oral communication under
ORS 133.724.
(2) For purposes of this section and ORS 133.736, a person is a
party to an oral communication if the oral communication is made
in the person's immediate presence and is audible to the person
Enrolled Senate Bill 1528 (SB 1528-A) Page 8
regardless of whether the communication is specifically directed
to the person.
(3) An ex parte order for intercepting an oral communication in
any county of this state under this section may be issued by any
judge as defined in ORS 133.525 upon written application made
upon oath or affirmation of the district attorney or a deputy
district attorney authorized by the district attorney for the
county in which the order is sought or upon the oath or
affirmation of any peace officer as defined in ORS 133.005. The
application shall include:
(a) The name of the applicant and the applicant's authority to
make the application;
(b) A statement demonstrating that there is probable cause to
believe that a person whose oral communication is to be
intercepted is engaged in committing, has committed or is about
to commit a particular felony, or a misdemeanor under ORS 167.007
or 167.008, and that intercepting the oral communication will
yield evidence thereof; and
(c) The identity of the person, if known, suspected of
committing the crime and whose oral communication is to be
intercepted.
(4) The judge may require the applicant to furnish further
testimony or documentary evidence in support of the application.
(5) Upon examination of the application and evidence, the judge
may enter an ex parte order, as requested or as modified,
authorizing or approving the interception of an oral
communication within the state if the judge determines on the
basis of the facts submitted by the applicant that:
(a) There is probable cause to believe that a person is engaged
in committing, has committed or is about to commit a particular
felony, or a misdemeanor under ORS 167.007 or 167.008; and
(b) There is probable cause to believe that the oral
communication to be obtained will contain evidence concerning
that crime.
(6) An order authorizing or approving the interception of an
oral communication under this section must specify:
(a) The identity of the person, if known, whose oral
communication is to be intercepted;
(b) A statement identifying the particular crime to which the
oral communication is expected to relate;
(c) The agency authorized under the order to intercept the oral
communication;
(d) The name and office of the applicant and the signature and
title of the issuing judge;
(e) A period of time after which the order shall expire; and
(f) A statement that the order authorizes only the interception
of an oral communication to which a law enforcement officer or a
person under the direct supervision of a law enforcement officer
is a party.
(7) An order under ORS 133.724 or this section is not required
when a law enforcement officer intercepts an oral communication
to which the officer or a person under the direct supervision of
the officer is a party if the oral communication is made by a
person whom the officer has probable cause to believe has
committed, is engaged in committing or is about to commit:
(a) A crime punishable as a felony under ORS 475.752, 475.806
to 475.894 or 475.906 or as a misdemeanor under ORS 167.007 or
167.008; or
(b) Any other crime punishable as a felony if the circumstances
at the time the oral communication is intercepted are of such
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exigency that it would be unreasonable to obtain a court order
under ORS 133.724 or this section.
(8) A law enforcement officer who intercepts an oral
communication pursuant to this section may not intentionally fail
to record and preserve the oral communication in its entirety. A
law enforcement officer, or a person under the direct supervision
of the officer, who is authorized under this section to intercept
an oral communication is not required to exclude from the
interception an oral communication made by a person for whom
probable cause does not exist if the officer or the person under
the officer's direct supervision is a party to the oral
communication.
(9) A law enforcement officer may not divulge the contents of
an oral communication intercepted under this section before a
preliminary hearing or trial in which an oral communication is
going to be introduced as evidence against a person except:
(a) To a superior officer or other official with whom the law
enforcement officer is cooperating in the enforcement of the
criminal laws of this state or the United States;
(b) To a magistrate;
(c) In a presentation to a federal or state grand jury; or
(d) In compliance with a court order.
(10) A law enforcement officer may intercept an oral
communication under this section only when acting within the
scope of the officer's employment and as a part of assigned
duties.
(11) As used in this section, 'law enforcement officer ' means:
(a) An officer employed to enforce criminal laws by:
(A) The United States, this state or a municipal government
within this state;
(B) A political subdivision, agency, department or bureau of
the governments described in subparagraph (A) of this paragraph;
or
(C) A police department established by a university under ORS
352.383; { - or - }
(b) An authorized tribal police officer as defined in section
1, chapter 644, Oregon Laws 2011 { - . - } { + ; or
(c) A liquor enforcement inspector as defined in ORS
471.001. + }
(12) Violation of subsection (9) of this section is a Class A
misdemeanor.
SECTION 13. ORS 133.726, as amended by section 71, chapter 644,
Oregon Laws 2011, is amended to read:
133.726. (1) Notwithstanding ORS 133.724, under the
circumstances described in this section, a law enforcement
officer is authorized to intercept an oral communication to which
the officer or a person under the direct supervision of the
officer is a party, without obtaining an order for the
interception of a wire, electronic or oral communication under
ORS 133.724.
(2) For purposes of this section and ORS 133.736, a person is a
party to an oral communication if the oral communication is made
in the person's immediate presence and is audible to the person
regardless of whether the communication is specifically directed
to the person.
(3) An ex parte order for intercepting an oral communication in
any county of this state under this section may be issued by any
judge as defined in ORS 133.525 upon written application made
upon oath or affirmation of the district attorney or a deputy
district attorney authorized by the district attorney for the
Enrolled Senate Bill 1528 (SB 1528-A) Page 10
county in which the order is sought or upon the oath or
affirmation of any peace officer as defined in ORS 133.005. The
application shall include:
(a) The name of the applicant and the applicant's authority to
make the application;
(b) A statement demonstrating that there is probable cause to
believe that a person whose oral communication is to be
intercepted is engaged in committing, has committed or is about
to commit a particular felony, or a misdemeanor under ORS 167.007
or 167.008, and that intercepting the oral communication will
yield evidence thereof; and
(c) The identity of the person, if known, suspected of
committing the crime and whose oral communication is to be
intercepted.
(4) The judge may require the applicant to furnish further
testimony or documentary evidence in support of the application.
(5) Upon examination of the application and evidence, the judge
may enter an ex parte order, as requested or as modified,
authorizing or approving the interception of an oral
communication within the state if the judge determines on the
basis of the facts submitted by the applicant that:
(a) There is probable cause to believe that a person is engaged
in committing, has committed or is about to commit a particular
felony, or a misdemeanor under ORS 167.007 or 167.008; and
(b) There is probable cause to believe that the oral
communication to be obtained will contain evidence concerning
that crime.
(6) An order authorizing or approving the interception of an
oral communication under this section must specify:
(a) The identity of the person, if known, whose oral
communication is to be intercepted;
(b) A statement identifying the particular crime to which the
oral communication is expected to relate;
(c) The agency authorized under the order to intercept the oral
communication;
(d) The name and office of the applicant and the signature and
title of the issuing judge;
(e) A period of time after which the order shall expire; and
(f) A statement that the order authorizes only the interception
of an oral communication to which a law enforcement officer or a
person under the direct supervision of a law enforcement officer
is a party.
(7) An order under ORS 133.724 or this section is not required
when a law enforcement officer intercepts an oral communication
to which the officer or a person under the direct supervision of
the officer is a party if the oral communication is made by a
person whom the officer has probable cause to believe has
committed, is engaged in committing or is about to commit:
(a) A crime punishable as a felony under ORS 475.752, 475.806
to 475.894 or 475.906 or as a misdemeanor under ORS 167.007 or
167.008; or
(b) Any other crime punishable as a felony if the circumstances
at the time the oral communication is intercepted are of such
exigency that it would be unreasonable to obtain a court order
under ORS 133.724 or this section.
(8) A law enforcement officer who intercepts an oral
communication pursuant to this section may not intentionally fail
to record and preserve the oral communication in its entirety. A
law enforcement officer, or a person under the direct supervision
of the officer, who is authorized under this section to intercept
Enrolled Senate Bill 1528 (SB 1528-A) Page 11
an oral communication is not required to exclude from the
interception an oral communication made by a person for whom
probable cause does not exist if the officer or the person under
the officer's direct supervision is a party to the oral
communication.
(9) A law enforcement officer may not divulge the contents of
an oral communication intercepted under this section before a
preliminary hearing or trial in which an oral communication is
going to be introduced as evidence against a person except:
(a) To a superior officer or other official with whom the law
enforcement officer is cooperating in the enforcement of the
criminal laws of this state or the United States;
(b) To a magistrate;
(c) In a presentation to a federal or state grand jury; or
(d) In compliance with a court order.
(10) A law enforcement officer may intercept an oral
communication under this section only when acting within the
scope of the officer's employment and as a part of assigned
duties.
(11) As used in this section, 'law enforcement officer '
means { + :
(a) + } An officer employed to enforce criminal laws by:
{ - (a) - } { + (A) + } The United States, this state or a
municipal government within this state;
{ - (b) - } { + (B) + } A political subdivision, agency,
department or bureau of the governments described in
{ - paragraph (a) of this subsection - } { + subparagraph (A)
of this paragraph + }; or
{ - (c) - } { + (C) + } A police department established by
a university under ORS 352.383 { - . - } { + ; or
(b) A liquor enforcement inspector as defined in ORS
471.001. + }
(12) Violation of subsection (9) of this section is a Class A
misdemeanor.
SECTION 14. ORS 153.005 is amended to read:
153.005. As used in this chapter:
(1) 'Enforcement officer' means:
(a) A member of the Oregon State Police.
(b) A sheriff or deputy sheriff.
(c) A city marshal or a member of the police of a city,
municipal or quasi-municipal corporation.
(d) A police officer commissioned by a university under ORS
352.383.
(e) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state.
(f) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon.
(g) A Port of Portland peace officer.
(h) An authorized tribal police officer as defined in section
1, chapter 644, Oregon Laws 2011.
{ + (i) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2). + }
{ - (i) - } { + (j) + } Any other person specifically
authorized by law to issue citations for the commission of
violations.
(2) 'Traffic offense' has the meaning given that term in ORS
801.555.
(3) 'Violation' means an offense described in ORS 153.008.
Enrolled Senate Bill 1528 (SB 1528-A) Page 12
(4) 'Violation proceeding' means a judicial proceeding
initiated by issuance of a citation that charges a person with
commission of a violation.
SECTION 15. ORS 153.005, as amended by section 45, chapter 644,
Oregon Laws 2011, is amended to read:
153.005. As used in this chapter:
(1) 'Enforcement officer' means:
(a) A member of the Oregon State Police.
(b) A sheriff or deputy sheriff.
(c) A city marshal or a member of the police of a city,
municipal or quasi-municipal corporation.
(d) A police officer commissioned by a university under ORS
352.383.
(e) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state.
(f) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon.
(g) A Port of Portland peace officer.
{ + (h) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2). + }
{ - (h) - } { + (i) + } Any other person specifically
authorized by law to issue citations for the commission of
violations.
(2) 'Traffic offense' has the meaning given that term in ORS
801.555.
(3) 'Violation' means an offense described in ORS 153.008.
(4) 'Violation proceeding' means a judicial proceeding
initiated by issuance of a citation that charges a person with
commission of a violation.
SECTION 16. ORS 161.015 is amended to read:
161.015. As used in chapter 743, Oregon Laws 1971, and ORS
166.635, unless the context requires otherwise:
(1) 'Dangerous weapon' means any weapon, device, instrument,
material or substance which under the circumstances in which it
is used, attempted to be used or threatened to be used, is
readily capable of causing death or serious physical injury.
(2) 'Deadly weapon' means any instrument, article or substance
specifically designed for and presently capable of causing death
or serious physical injury.
(3) 'Deadly physical force' means physical force that under the
circumstances in which it is used is readily capable of causing
death or serious physical injury.
(4) 'Peace officer' means:
(a) A member of the Oregon State Police;
(b) A sheriff, constable, marshal, municipal police officer or
reserve officer as defined in ORS 133.005, or a police officer
commissioned by a university under ORS 352.383;
(c) An investigator of the Criminal Justice Division of the
Department of Justice or investigator of a district attorney's
office;
(d) An authorized tribal police officer as defined in section
1, chapter 644, Oregon Laws 2011; { - and - }
{ + (e) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2); and + }
{ - (e) - } { + (f) + } Any other person designated by law
as a peace officer.
(5) 'Person' means a human being and, where appropriate, a
public or private corporation, an unincorporated association, a
partnership, a government or a governmental instrumentality.
Enrolled Senate Bill 1528 (SB 1528-A) Page 13
(6) 'Physical force' includes, but is not limited to, the use
of an electrical stun gun, tear gas or mace.
(7) 'Physical injury' means impairment of physical condition or
substantial pain.
(8) 'Serious physical injury' means physical injury which
creates a substantial risk of death or which causes serious and
protracted disfigurement, protracted impairment of health or
protracted loss or impairment of the function of any bodily
organ.
(9) 'Possess' means to have physical possession or otherwise to
exercise dominion or control over property.
(10) 'Public place' means a place to which the general public
has access and includes, but is not limited to, hallways, lobbies
and other parts of apartment houses and hotels not constituting
rooms or apartments designed for actual residence, and highways,
streets, schools, places of amusement, parks, playgrounds and
premises used in connection with public passenger transportation.
SECTION 17. ORS 161.015, as amended by section 46, chapter 644,
Oregon Laws 2011, is amended to read:
161.015. As used in chapter 743, Oregon Laws 1971, and ORS
166.635, unless the context requires otherwise:
(1) 'Dangerous weapon' means any weapon, device, instrument,
material or substance which under the circumstances in which it
is used, attempted to be used or threatened to be used, is
readily capable of causing death or serious physical injury.
(2) 'Deadly weapon' means any instrument, article or substance
specifically designed for and presently capable of causing death
or serious physical injury.
(3) 'Deadly physical force' means physical force that under the
circumstances in which it is used is readily capable of causing
death or serious physical injury.
(4) 'Peace officer' means:
(a) A member of the Oregon State Police;
(b) A sheriff, constable, marshal, municipal police officer or
reserve officer as defined in ORS 133.005, or a police officer
commissioned by a university under ORS 352.383;
(c) An investigator of the Criminal Justice Division of the
Department of Justice or investigator of a district attorney's
office; { - and - }
{ + (d) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2); and + }
{ - (d) - } { + (e) + } Any other person designated by law
as a peace officer.
(5) 'Person' means a human being and, where appropriate, a
public or private corporation, an unincorporated association, a
partnership, a government or a governmental instrumentality.
(6) 'Physical force' includes, but is not limited to, the use
of an electrical stun gun, tear gas or mace.
(7) 'Physical injury' means impairment of physical condition or
substantial pain.
(8) 'Serious physical injury' means physical injury which
creates a substantial risk of death or which causes serious and
protracted disfigurement, protracted impairment of health or
protracted loss or impairment of the function of any bodily
organ.
(9) 'Possess' means to have physical possession or otherwise to
exercise dominion or control over property.
(10) 'Public place' means a place to which the general public
has access and includes, but is not limited to, hallways, lobbies
and other parts of apartment houses and hotels not constituting
Enrolled Senate Bill 1528 (SB 1528-A) Page 14
rooms or apartments designed for actual residence, and highways,
streets, schools, places of amusement, parks, playgrounds and
premises used in connection with public passenger transportation.
SECTION 18. ORS 181.010 is amended to read:
181.010. As used in ORS 181.010 to 181.560 and 181.715 to
181.730, unless the context requires otherwise:
(1) 'Criminal justice agency' means:
(a) The Governor;
(b) Courts of criminal jurisdiction;
(c) The Attorney General;
(d) District attorneys, city attorneys with criminal
prosecutorial functions, attorney employees of the office of
public defense services and nonprofit public defender
organizations established under contract with the Public Defense
Services Commission;
(e) Law enforcement agencies;
(f) The Department of Corrections;
(g) The Oregon Youth Authority;
(h) The State Board of Parole and Post-Prison Supervision;
(i) The Department of Public Safety Standards and Training;
{ + (j) The Oregon Liquor Control Commission; + }
{ - (j) - } { + (k) + } Regional information systems that
share programs to track, identify and remove cross-jurisdictional
criminal and terrorist conspiracies; and
{ - (k) - } { + (L) + } Any other state or local agency
with law enforcement authority.
(2) 'Criminal offender information' includes records and
related data as to physical description and vital statistics,
fingerprints received and compiled for purposes of identifying
criminal offenders and alleged offenders, records of arrests and
the nature and disposition of criminal charges, including
sentencing, confinement, parole and release.
(3) 'Department' means the Department of State Police
established under ORS 181.020.
(4) 'Deputy superintendent' means the Deputy Superintendent of
State Police appointed under ORS 181.220.
(5) 'Designated agency' means any state, county or municipal
government agency where Oregon criminal offender information is
required to implement a federal or state statute, executive order
or administrative rule that expressly refers to criminal conduct
and contains requirements or exclusions expressly based on such
conduct or for agency employment purposes, licensing purposes or
other demonstrated and legitimate needs when designated by order
of the Governor.
(6) 'Disposition report' means a form or process prescribed or
furnished by the department, containing a description of the
ultimate action taken subsequent to an arrest.
(7) 'Law enforcement agency' means:
(a) County sheriffs, municipal police departments, police
departments established by a university under ORS 352.383 and
State Police;
(b) Other police officers of this state or another state;
(c) A tribal government as defined in section 1, chapter 644,
Oregon Laws 2011, that employs authorized tribal police officers
as defined in section 1, chapter 644, Oregon Laws 2011; and
(d) Law enforcement agencies of the federal government.
(8) 'State police' means the sworn members of the state police
force appointed under ORS 181.250.
(9) 'Superintendent' means the Superintendent of State Police
appointed under ORS 181.200.
Enrolled Senate Bill 1528 (SB 1528-A) Page 15
SECTION 19. ORS 181.010, as amended by section 49, chapter 644,
Oregon Laws 2011, is amended to read:
181.010. As used in ORS 181.010 to 181.560 and 181.715 to
181.730, unless the context requires otherwise:
(1) 'Criminal justice agency' means:
(a) The Governor;
(b) Courts of criminal jurisdiction;
(c) The Attorney General;
(d) District attorneys, city attorneys with criminal
prosecutorial functions, attorney employees of the office of
public defense services and nonprofit public defender
organizations established under contract with the Public Defense
Services Commission;
(e) Law enforcement agencies;
(f) The Department of Corrections;
(g) The Oregon Youth Authority;
(h) The State Board of Parole and Post-Prison Supervision;
(i) The Department of Public Safety Standards and Training;
{ + (j) The Oregon Liquor Control Commission; + }
{ - (j) - } { + (k) + } Regional information systems that
share programs to track, identify and remove cross-jurisdictional
criminal and terrorist conspiracies; and
{ - (k) - } { + (L) + } Any other state or local agency
with law enforcement authority.
(2) 'Criminal offender information' includes records and
related data as to physical description and vital statistics,
fingerprints received and compiled for purposes of identifying
criminal offenders and alleged offenders, records of arrests and
the nature and disposition of criminal charges, including
sentencing, confinement, parole and release.
(3) 'Department' means the Department of State Police
established under ORS 181.020.
(4) 'Deputy superintendent' means the Deputy Superintendent of
State Police appointed under ORS 181.220.
(5) 'Designated agency' means any state, county or municipal
government agency where Oregon criminal offender information is
required to implement a federal or state statute, executive order
or administrative rule that expressly refers to criminal conduct
and contains requirements or exclusions expressly based on such
conduct or for agency employment purposes, licensing purposes or
other demonstrated and legitimate needs when designated by order
of the Governor.
(6) 'Disposition report' means a form or process prescribed or
furnished by the department, containing a description of the
ultimate action taken subsequent to an arrest.
(7) 'Law enforcement agency' means:
(a) County sheriffs, municipal police departments, police
departments established by a university under ORS 352.383 and
State Police;
(b) Other police officers of this state or another state; and
(c) Law enforcement agencies of the federal government.
(8) 'State police' means the sworn members of the state police
force appointed under ORS 181.250.
(9) 'Superintendent' means the Superintendent of State Police
appointed under ORS 181.200.
{ +
INSPECTOR CERTIFICATION + }
Enrolled Senate Bill 1528 (SB 1528-A) Page 16
SECTION 20. { + Section 21 of this 2012 Act is added to and
made a part of ORS 181.610 to 181.712. + }
SECTION 21. { + (1) Except for a person who has requested and
obtained an extension from the Department of Public Safety
Standards and Training under subsection (2) of this section,
subject to subsection (3) of this section the Oregon Liquor
Control Commission may not employ a person as a liquor
enforcement inspector for more than 18 months unless the person
is a citizen of the United States who has been certified under
ORS 181.640 as being qualified as a liquor enforcement inspector
and the certification has not:
(a) Lapsed; or
(b) Been revoked under ORS 181.661, 181.662 and 181.664 (1) and
not reissued under ORS 181.661 (2).
(2) The department, upon the facts contained in an affidavit
accompanying the request for extension, may find good cause for
failure to obtain certification within the time period described
in subsection (1) of this section. If the department finds that
there is good cause for the failure, the department may extend
for up to one year the period that a person may serve as a liquor
enforcement inspector without certification. The grant or denial
of an extension is within the sole discretion of the department.
(3) The citizenship requirement in subsection (1) of this
section does not apply to a person employed as a liquor
enforcement inspector on the effective date of this 2012 Act who
continues to serve as a liquor enforcement inspector without a
lapse under subsection (4) of this section.
(4) The certification of a liquor enforcement inspector shall
lapse after three or more consecutive months of not being
employed as a liquor enforcement inspector unless the liquor
enforcement inspector is on leave from the commission. Upon
reemployment as a liquor enforcement inspector, the person whose
certification has lapsed may apply to be certified under ORS
181.610 to 181.712.
(5) The commission shall pay the costs of training required for
a liquor enforcement inspector to be certified by the
department. + }
SECTION 22. ORS 181.610 is amended to read:
181.610. In ORS 181.610 to 181.712, unless the context requires
otherwise:
(1) 'Abuse' has the meaning given the term in ORS 107.705.
(2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
(3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
(4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
(5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
(a) Is charged with and primarily performs the duty of custody,
control or supervision of individuals convicted of or arrested
for a criminal offense and confined in a place of incarceration
or detention other than a place used exclusively for
incarceration or detention of juveniles; or
Enrolled Senate Bill 1528 (SB 1528-A) Page 17
(b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
(6) 'Department' means the Department of Public Safety
Standards and Training.
(7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
(8) 'Domestic violence' means abuse between family or household
members.
(9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
(10) 'Family or household members' has the meaning given that
term in ORS 107.705.
(11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
(12) 'Law enforcement unit' means:
(a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, tribal government as defined in
section 1, chapter 644, Oregon Laws 2011, that employs authorized
tribal police officers as defined in section 1, chapter 644,
Oregon Laws 2011, the Criminal Justice Division of the Department
of Justice, the Department of Corrections, the Oregon State
Lottery Commission or common carrier railroad the primary duty of
which, as prescribed by law, ordinance or directive, is one or
more of the following:
(A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
(B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
(C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation;
(b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
(c) A district attorney's office; { - or - }
{ + (d) The Oregon Liquor Control Commission with regard to
liquor enforcement inspectors; or + }
{ - (d) - } { + (e) + } 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.
{ + (13) 'Liquor enforcement inspector' has the meaning given
that term in ORS 471.001. + }
{ - (13) - } { + (14) + } 'Parole and probation officer'
means:
Enrolled Senate Bill 1528 (SB 1528-A) Page 18
(a) An officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
(A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(B) Investigating adult offenders on parole or probation or
being considered for parole or probation; or
(b) An officer who:
(A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
(B) Is employed part-time by the Department of Corrections, a
county or a court; and
(C) Is charged with and performs the duty of:
(i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
{ - (14) - } { + (15) + } 'Police officer' means an
officer, member or employee of a law enforcement unit employed
full-time as a peace officer who is:
(a)(A) Commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government as defined in section 1, chapter 644, Oregon Laws
2011, the Criminal Justice Division of the Department of Justice,
the Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or the Department of State Police; and
(B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security; or
(b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state or is an authorized tribal police officer as
defined in section 1, chapter 644, Oregon Laws 2011.
{ - (15) - } { + (16) + } 'Public or private safety agency'
means a unit of state or local government, a special purpose
district or a private firm that provides, or has authority to
provide, fire fighting, police, ambulance or emergency medical
services.
{ - (16) - } { + (17) + } 'Public safety personnel' and
'public safety officer' include corrections officers, youth
correction officers, emergency medical dispatchers, parole and
probation officers, police officers, certified reserve officers,
telecommunicators { + , liquor enforcement inspectors + } and
fire service professionals.
{ - (17) - } { + (18) + } 'Reserve officer' means an
officer or member of a law enforcement unit who is:
(a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government as defined in section 1, chapter 644, Oregon Laws
2011, the Criminal Justice Division of the Department of Justice,
the Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or the Department of State Police;
Enrolled Senate Bill 1528 (SB 1528-A) Page 19
(b) Armed with a firearm; and
(c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
{ - (18) - } { + (19) + } 'Telecommunicator' means a person
employed as an emergency telephone worker as defined in ORS
243.736 or a public safety dispatcher whose primary duties are
receiving, processing and transmitting public safety information
received through a 9-1-1 emergency reporting system as defined in
ORS 403.105.
{ - (19) - } { + (20) + } 'Youth correction officer' means
an employee of the Oregon Youth Authority who is charged with and
primarily performs the duty of custody, control or supervision of
youth offenders confined in a youth correction facility.
SECTION 23. ORS 181.610, as amended by section 50, chapter 644,
Oregon Laws 2011, is amended to read:
181.610. In ORS 181.610 to 181.712, unless the context requires
otherwise:
(1) 'Abuse' has the meaning given the term in ORS 107.705.
(2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
(3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
(4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
(5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
(a) Is charged with and primarily performs the duty of custody,
control or supervision of individuals convicted of or arrested
for a criminal offense and confined in a place of incarceration
or detention other than a place used exclusively for
incarceration or detention of juveniles; or
(b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
(6) 'Department' means the Department of Public Safety
Standards and Training.
(7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
(8) 'Domestic violence' means abuse between family or household
members.
(9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
(10) 'Family or household members' has the meaning given that
term in ORS 107.705.
(11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
Enrolled Senate Bill 1528 (SB 1528-A) Page 20
(12) 'Law enforcement unit' means:
(a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, tribal government, the Criminal
Justice Division of the Department of Justice, the Department of
Corrections, the Oregon State Lottery Commission or common
carrier railroad the primary duty of which, as prescribed by law,
ordinance or directive, is one or more of the following:
(A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
(B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
(C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation;
(b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
(c) A district attorney's office; { - or - }
{ + (d) The Oregon Liquor Control Commission with regard to
liquor enforcement inspectors; or + }
{ - (d) - } { + (e) + } 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.
{ + (13) 'Liquor enforcement inspector' has the meaning given
that term in ORS 471.001. + }
{ - (13) - } { + (14) + } 'Parole and probation officer'
means:
(a) An officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
(A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(B) Investigating adult offenders on parole or probation or
being considered for parole or probation; or
(b) An officer who:
(A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
(B) Is employed part-time by the Department of Corrections, a
county or a court; and
(C) Is charged with and performs the duty of:
(i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
{ - (14) - } { + (15) + } 'Police officer' means an
officer, member or employee of a law enforcement unit employed
full-time as a peace officer who is:
(a)(A) Commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
Enrolled Senate Bill 1528 (SB 1528-A) Page 21
provide law enforcement services under ORS 451.010, tribal
government, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission, a university that
has established a police department under ORS 352.383, the
Governor or the Department of State Police; and
(B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security; or
(b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state.
{ - (15) - } { + (16) + } 'Public or private safety agency'
means a unit of state or local government, a special purpose
district or a private firm that provides, or has authority to
provide, fire fighting, police, ambulance or emergency medical
services.
{ - (16) - } { + (17) + } 'Public safety personnel' and
'public safety officer' include corrections officers, youth
correction officers, emergency medical dispatchers, parole and
probation officers, police officers, certified reserve officers,
telecommunicators { + , liquor enforcement inspectors + } and
fire service professionals.
{ - (17) - } { + (18) + } 'Reserve officer' means an
officer or member of a law enforcement unit who is:
(a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission, a university that
has established a police department under ORS 352.383, the
Governor or the Department of State Police;
(b) Armed with a firearm; and
(c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
{ - (18) - } { + (19) + } 'Telecommunicator' means a person
employed as an emergency telephone worker as defined in ORS
243.736 or a public safety dispatcher whose primary duties are
receiving, processing and transmitting public safety information
received through a 9-1-1 emergency reporting system as defined in
ORS 403.105.
{ - (19) - } { + (20) + } 'Youth correction officer' means
an employee of the Oregon Youth Authority who is charged with and
primarily performs the duty of custody, control or supervision of
youth offenders confined in a youth correction facility.
SECTION 24. ORS 181.645 is amended to read:
181.645. { - No - } { + A + } law enforcement unit in this
state { - shall - } { + may not + } employ as a police
officer, corrections officer { + , + } { - or - } parole and
probation officer { + or liquor enforcement inspector + }, or
utilize as a certified reserve officer, any person who has not
yet attained the age of 21 years.
SECTION 25. ORS 659A.320 is amended to read:
659A.320. (1) Except as provided in subsection (2) of this
section, it is an unlawful employment practice for an employer to
obtain or use for employment purposes information contained in
the credit history of an applicant for employment or an employee,
or to refuse to hire, discharge, demote, suspend, retaliate or
otherwise discriminate against an applicant or an employee with
regard to promotion, compensation or the terms, conditions or
Enrolled Senate Bill 1528 (SB 1528-A) Page 22
privileges of employment based on information in the credit
history of the applicant or employee.
(2) Subsection (1) of this section does not apply to:
(a) Employers that are federally insured banks or credit
unions;
(b) Employers that are required by state or federal law to use
individual credit history for employment purposes;
(c) The application for employment or the employment of a
public safety officer who will be or who is:
(A) A member of a law enforcement unit;
(B) Employed as a peace officer commissioned by a city, port,
school district, mass transit district, county, university under
ORS 352.383, Indian reservation, the Criminal Justice Division of
the Department of Justice, the Oregon State Lottery Commission or
the Governor { + or employed as a liquor enforcement inspector
by the Oregon Liquor Control Commission + }; and
(C) Responsible for enforcing the criminal laws of this state
or laws or ordinances related to airport security; or
(d) The obtainment or use by an employer of information in the
credit history of an applicant or employee because the
information is substantially job-related and the employer's
reasons for the use of such information are disclosed to the
employee or prospective employee in writing.
(3) An employee or an applicant for employment may file a
complaint under ORS 659A.820 for violations of this section and
may bring a civil action under ORS 659A.885 and recover the
relief as provided by ORS 659A.885 (1) and (2).
(4) As used in this section, 'credit history' means any written
or other communication of any information by a consumer reporting
agency that bears on a consumer's creditworthiness, credit
standing or credit capacity.
{ +
OFFENSES AGAINST INSPECTORS + }
SECTION 26. ORS 163.095 is amended to read:
163.095. As used in ORS 163.105 and this section, ' aggravated
murder' means murder as defined in ORS 163.115 which is committed
under, or accompanied by, any of the following circumstances:
(1)(a) The defendant committed the murder pursuant to an
agreement that the defendant receive money or other thing of
value for committing the murder.
(b) The defendant solicited another to commit the murder and
paid or agreed to pay the person money or other thing of value
for committing the murder.
(c) The defendant committed murder after having been convicted
previously in any jurisdiction of any homicide, the elements of
which constitute the crime of murder as defined in ORS 163.115 or
manslaughter in the first degree as defined in ORS 163.118.
(d) There was more than one murder victim in the same criminal
episode as defined in ORS 131.505.
(e) The homicide occurred in the course of or as a result of
intentional maiming or torture of the victim.
(f) The victim of the intentional homicide was a person under
the age of 14 years.
(2)(a) The victim was one of the following and the murder was
related to the performance of the victim's official duties in the
justice system:
(A) A police officer as defined in ORS 181.610;
Enrolled Senate Bill 1528 (SB 1528-A) Page 23
(B) A correctional, parole and probation officer or other
person charged with the duty of custody, control or supervision
of convicted persons;
(C) A member of the Oregon State Police;
(D) A judicial officer as defined in ORS 1.210;
(E) A juror or witness in a criminal proceeding;
(F) An employee or officer of a court of justice; { - or - }
(G) A member of the State Board of Parole and Post-Prison
Supervision { - . - } { + ; or
(H) A liquor enforcement inspector. + }
(b) The defendant was confined in a state, county or municipal
penal or correctional facility or was otherwise in custody when
the murder occurred.
(c) The defendant committed murder by means of an explosive as
defined in ORS 164.055.
(d) Notwithstanding ORS 163.115 (1)(b), the defendant
personally and intentionally committed the homicide under the
circumstances set forth in ORS 163.115 (1)(b).
(e) The murder was committed in an effort to conceal the
commission of a crime, or to conceal the identity of the
perpetrator of a crime.
(f) The murder was committed after the defendant had escaped
from a state, county or municipal penal or correctional facility
and before the defendant had been returned to the custody of the
facility.
SECTION 27. ORS 166.070 is amended to read:
166.070. (1) A person commits the crime of aggravated
harassment if the person, knowing that the other person is a:
(a) Staff member, knowingly propels saliva, blood, urine,
semen, feces or other dangerous substance at the staff member
while the staff member is acting in the course of official duty
or as a result of the staff member's official duties; or
(b) Public safety officer, knowingly propels blood, urine,
semen or feces at the public safety officer while the public
safety officer is acting in the course of official duty or as a
result of the public safety officer's official duties.
(2) Aggravated harassment is a Class C felony. When a person is
convicted of violating subsection (1)(a) of this section, in
addition to any other sentence it may impose, the court shall
impose a term of incarceration in a state correctional facility.
(3) As used in this section:
(a) 'Public safety officer' means an emergency medical services
provider as defined in ORS 682.025 { + , a liquor enforcement
inspector as defined in ORS 471.001 + } or a fire service
professional, a parole and probation officer or a police officer
as those terms are defined in ORS 181.610.
(b) 'Staff member' has the meaning given that term in ORS
163.165.
{ +
CONFORMING AMENDMENTS + }
SECTION 28. ORS 165.805 is amended to read:
165.805. (1) A person commits the crime of misrepresentation of
age by a minor if:
(a) Being less than a certain, specified age, the person
knowingly purports to be of any age other than the true age of
the person with the intent of securing a right, benefit or
privilege which by law is denied to persons under that certain,
specified age; or
Enrolled Senate Bill 1528 (SB 1528-A) Page 24
(b) Being unmarried, the person knowingly represents that the
person is married with the intent of securing a right, benefit or
privilege which by law is denied to unmarried persons.
(2) Misrepresentation of age by a minor is a Class C
misdemeanor.
(3) In addition to and not in lieu of any other penalty
established by law, a person who, using a driver permit or
license or other identification issued by the Department of
Transportation of this state or its equivalent in another state,
commits the crime of misrepresentation of age by a minor in order
to purchase or consume alcoholic liquor may be required to
perform community service and the court shall order that the
person's driving privileges and right to apply for driving
privileges be suspended for a period not to exceed one year. If a
court has issued an order suspending driving privileges under
this section, the court, upon petition of the person, may
withdraw the order at any time the court deems appropriate. The
court notification to the department under this subsection may
include a recommendation that the person be granted a hardship
permit under ORS 807.240 if the person is otherwise eligible for
the permit.
(4) The prohibitions of this section do not apply to any person
acting under the direction of the Oregon Liquor Control
Commission { + or a liquor enforcement inspector + } or under
the direction of state or local law enforcement agencies for the
purpose of investigating possible violations of laws prohibiting
sales of alcoholic beverages to persons who are under a certain,
specified age.
(5) The prohibitions of this section do not apply to a person
under the age of 21 years who is acting under the direction of a
licensee for the purpose of investigating possible violations by
employees of the licensee of laws prohibiting sales of alcoholic
beverages to persons who are under the age of 21 years.
SECTION 29. ORS 181.665 is amended to read:
181.665. (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 police officer, or utilized as a certified
reserve officer, by any law enforcement unit for more than 18
months unless:
(a) The person is a citizen of the United States; and
(b) The person has been certified as being qualified as a
police officer or certified reserve officer under the provisions
of ORS 181.610 to 181.712 and the certification has neither
lapsed nor been revoked pursuant to ORS 181.661, 181.662 and
181.664 (1) and not been reissued under ORS 181.664 (2).
(2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period
described in subsection (1) of this section. 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 police officer or reserve officer without certification. 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 police officer by any law enforcement unit
shall commence the training necessary for certification under ORS
181.610 to 181.712 at an academy operated by the department not
Enrolled Senate Bill 1528 (SB 1528-A) Page 25
later than the 90th day after the date of the officer's
employment by the law enforcement unit.
(4) A law enforcement unit may delay the commencement of
training of a police officer for up to 120 days from the date of
the officer's employment when it considers the delay necessary.
When a law enforcement unit delays commencement of a police
officer's training under this subsection, it shall file a written
statement of its reasons with the department.
(5) When a delay in the commencement of training necessary for
certification under ORS 181.610 to 181.712 at an academy operated
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 utilized as a certified reserve officer by a law
enforcement unit must complete the training necessary for
certification under ORS 181.610 to 181.712 at a site approved by
the department.
(7) Notwithstanding any other provision of law, the law
enforcement unit described in ORS 181.610 { - (12)(d) - }
{ + (12)(e) + } shall bear the expense of training necessary for
certification under ORS 181.610 to 181.712.
SECTION 30. ORS 238.005 is amended to read:
238.005. For purposes of this chapter:
(1) 'Active member' means a member who is presently employed by
a participating public employer in a qualifying position and who
has completed the six-month period of service required by ORS
238.015.
(2) 'Annuity' means payments for life derived from
contributions made by a member as provided in this chapter.
(3) 'Board' means the Public Employees Retirement Board.
(4) 'Calendar year' means 12 calendar months commencing on
January 1 and ending on December 31 following.
(5) 'Continuous service' means service not interrupted for more
than five years, except that such continuous service shall be
computed without regard to interruptions in the case of:
(a) An employee who had returned to the service of the employer
as of January 1, 1945, and who remained in that employment until
having established membership in the Public Employees Retirement
System.
(b) An employee who was in the armed services on January 1,
1945, and returned to the service of the employer within one year
of the date of being otherwise than dishonorably discharged and
remained in that employment until having established membership
in the Public Employees Retirement System.
(6) 'Creditable service' means any period of time during which
an active member is being paid a salary by a participating public
employer and for which benefits under this chapter are funded by
employer contributions and earnings on the fund. For purposes of
computing years of 'creditable service,' full months and major
fractions of a month shall be considered to be one-twelfth of a
year and shall be added to all full years. ' Creditable service'
includes all retirement credit received by a member.
(7) 'Earliest service retirement age' means the age attained by
a member when the member could first make application for
retirement under the provisions of ORS 238.280.
(8) 'Employee' includes, in addition to employees, public
officers, but does not include:
(a) Persons engaged as independent contractors.
Enrolled Senate Bill 1528 (SB 1528-A) Page 26
(b) Seasonal, emergency or casual workers whose periods of
employment with any public employer or public employers do not
total 600 hours in any calendar year.
(c) Persons, other than workers in the Oregon Industries for
the Blind under ORS 346.190, provided sheltered employment or
made-work by a public employer in an employment or industries
program maintained for the benefit of such persons.
(d) Persons employed and paid from federal funds received under
a federal program intended primarily to alleviate unemployment.
However, any such person shall be considered an ' employee' if
not otherwise excluded by paragraphs (a) to (c) of this
subsection and the public employer elects to have the person so
considered by an irrevocable written notice to the board.
(e) Persons who are employees of a railroad, as defined in ORS
824.020, and who, as such employees, are included in a retirement
plan under federal railroad retirement statutes. This paragraph
shall be deemed to have been in effect since the inception of the
system.
(9) 'Final average salary' means whichever of the following is
greater:
(a) The average salary per calendar year paid by one or more
participating public employers to an employee who is an active
member of the system in three of the calendar years of membership
before the effective date of retirement of the employee, in which
three years the employee was paid the highest salary. The three
calendar years in which the employee was paid the largest total
salary may include calendar years in which the employee was
employed for less than a full calendar year. If the number of
calendar years of active membership before the effective date of
retirement of the employee is three or fewer, the final average
salary for the employee is the average salary per calendar year
paid by one or more participating public employers to the
employee in all of those years, without regard to whether the
employee was employed for the full calendar year.
(b) One-third of the total salary paid by a participating
public employer to an employee who is an active member of the
system in the last 36 calendar months of active membership before
the effective date of retirement of the employee.
(10) 'Firefighter' does not include a volunteer firefighter,
but does include:
(a) The State Fire Marshal, the chief deputy fire marshal and
deputy state fire marshals; and
(b) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of
uncontrolled fires as described in ORS 477.064.
(11) 'Fiscal year' means 12 calendar months commencing on July
1 and ending on June 30 following.
(12) 'Fund' means the Public Employees Retirement Fund.
(13) 'Inactive member' means a member who is not employed in a
qualifying position, whose membership has not been terminated in
the manner described by ORS 238.095 and who is not retired for
service or disability.
(14) 'Institution of higher education' means a public
university listed in ORS 352.002, the Oregon Health and Science
University and a community college, as defined in ORS 341.005.
(15) 'Member' means a person who has established membership in
the system and whose membership has not been terminated as
described in ORS 238.095. 'Member' includes active, inactive and
retired members.
Enrolled Senate Bill 1528 (SB 1528-A) Page 27
(16) 'Member account' means the regular account and the
variable account.
(17) 'Normal retirement age' means:
(a) For a person who establishes membership in the system
before January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 58 years of age if the employee retires at that
age as other than a police officer or firefighter.
(b) For a person who establishes membership in the system on or
after January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 60 years of age if the employee retires at that
age as other than a police officer or firefighter.
(18) 'Pension' means annual payments for life derived from
contributions by one or more public employers.
(19) 'Police officer' includes:
(a) Employees of institutions defined in ORS 421.005 as
Department of Corrections institutions whose duties, as assigned
by the Director of the Department of Corrections, include the
custody of persons committed to the custody of or transferred to
the Department of Corrections and employees of the Department of
Corrections who were classified as police officers on or before
July 27, 1989, whether or not such classification was authorized
by law.
(b) Employees of the Department of State Police who are
classified as police officers by the Superintendent of State
Police.
(c) Employees of the Oregon Liquor Control Commission who are
classified as { - enforcement officers - } { + liquor
enforcement inspectors + } by the administrator of the
commission.
(d) Sheriffs and those deputy sheriffs or other employees of a
sheriff whose duties, as classified by the sheriff, are the
regular duties of police officers or corrections officers.
(e) Police chiefs and police personnel of a city who are
classified as police officers by the council or other governing
body of the city.
(f) Police officers who are commissioned by a university under
ORS 352.383 and who are classified as police officers by the
university.
(g) Parole and probation officers employed by the Department of
Corrections, parole and probation officers who are transferred to
county employment under ORS 423.549 and adult parole and
probation officers, as defined in ORS 181.610, who are classified
as police officers for the purposes of this chapter by the county
governing body. If a county classifies adult parole and probation
officers as police officers for the purposes of this chapter, and
the employees so classified are represented by a labor
organization, any proposal by the county to change that
classification or to cease to classify adult parole and probation
officers as police officers for the purposes of this chapter is a
mandatory subject of bargaining.
(h) Police officers appointed under ORS 276.021 or 276.023.
(i) Employees of the Port of Portland who are classified as
airport police by the Board of Commissioners of the Port of
Portland.
(j) Employees of the State Department of Agriculture who are
classified as livestock police officers by the Director of
Agriculture.
Enrolled Senate Bill 1528 (SB 1528-A) Page 28
(k) Employees of the Department of Public Safety Standards and
Training who are classified by the department as other than
secretarial or clerical personnel.
(L) Investigators of the Criminal Justice Division of the
Department of Justice.
(m) Corrections officers as defined in ORS 181.610.
(n) Employees of the Oregon State Lottery Commission who are
classified by the Director of the Oregon State Lottery as
enforcement agents pursuant to ORS 461.110.
(o) The Director of the Department of Corrections.
(p) An employee who for seven consecutive years has been
classified as a police officer as defined by this section, and
who is employed or transferred by the Department of Corrections
to fill a position designated by the Director of the Department
of Corrections as being eligible for police officer status.
(q) An employee of the Department of Corrections classified as
a police officer on or prior to July 27, 1989, whether or not
that classification was authorized by law, as long as the
employee remains in the position held on July 27, 1989. The
initial classification of an employee under a system implemented
pursuant to ORS 240.190 does not affect police officer status.
(r) Employees of a school district who are appointed and duly
sworn members of a law enforcement agency of the district as
provided in ORS 332.531 or otherwise employed full-time as police
officers commissioned by the district.
(s) Employees at youth correction facilities and juvenile
detention facilities under ORS 419A.050, 419A.052 and 420.005 to
420.915 who are required to hold valid Oregon teaching licenses
and who have supervisory, control or teaching responsibilities
over juveniles committed to the custody of the Department of
Corrections or the Oregon Youth Authority.
(t) Employees at youth correction facilities as defined in ORS
420.005 whose primary job description involves the custody,
control, treatment, investigation or supervision of juveniles
placed in such facilities.
(u) Employees of the Oregon Youth Authority who are classified
as juvenile parole and probation officers.
(20) 'Prior service credit' means credit provided under ORS
238.442 or under ORS 238.225 (2) to (6) (1999 Edition).
(21) 'Public employer' means the state, one of its agencies,
any city, county, or municipal or public corporation, any
political subdivision of the state or any instrumentality
thereof, or an agency created by one or more such governmental
organizations to provide governmental services. For purposes of
this chapter, such agency created by one or more governmental
organizations is a governmental instrumentality and a legal
entity with power to enter into contracts, hold property and sue
and be sued.
(22) 'Qualifying position' means one or more jobs with one or
more participating public employers in which an employee performs
600 or more hours of service in a calendar year, excluding any
service in a job for which a participating public employer does
not provide benefits under this chapter pursuant to an
application made under ORS 238.035.
(23) 'Regular account' means the account established for each
active and inactive member under ORS 238.250.
(24) 'Retired member' means a member who is retired for service
or disability.
(25) 'Retirement credit' means a period of time that is treated
as creditable service for the purposes of this chapter.
Enrolled Senate Bill 1528 (SB 1528-A) Page 29
(26)(a) 'Salary' means the remuneration paid an employee in
cash out of the funds of a public employer in return for services
to the employer, plus the monetary value, as determined by the
Public Employees Retirement Board, of whatever living quarters,
board, lodging, fuel, laundry and other advantages the employer
furnishes the employee in return for services.
(b) 'Salary' includes but is not limited to:
(A) Payments of employee and employer money into a deferred
compensation plan, which are deemed salary paid in each month of
deferral;
(B) The amount of participation in a tax-sheltered or deferred
annuity, which is deemed salary paid in each month of
participation;
(C) Retroactive payments described in ORS 238.008; and
(D) Wages of a deceased member paid to a surviving spouse or
dependent children under ORS 652.190.
(c) 'Salary' or 'other advantages' does not include:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer;
(B) Payments for insurance coverage by an employer on behalf of
employee or employee and dependents, for which the employee has
no cash option;
(C) Payments made on account of an employee's death;
(D) Any lump sum payment for accumulated unused sick leave;
(E) Any accelerated payment of an employment contract for a
future period or an advance against future wages;
(F) Any retirement incentive, retirement severance pay,
retirement bonus or retirement gratuitous payment;
(G) Payments for periods of leave of absence after the date the
employer and employee have agreed that no future services
qualifying pursuant to ORS 238.015 (3) will be performed, except
for sick leave and vacation;
(H) Payments for instructional services rendered to public
universities of the Oregon University System or the Oregon Health
and Science University when such services are in excess of
full-time employment subject to this chapter. A person employed
under a contract for less than 12 months is subject to this
subparagraph only for the months to which the contract pertains;
or
(I) Payments made by an employer for insurance coverage
provided to a domestic partner of an employee.
(27) 'School year' means the period beginning July 1 and ending
June 30 next following.
(28) 'System' means the Public Employees Retirement System.
(29) 'Variable account' means the account established for a
member who participates in the Variable Annuity Account under ORS
238.260.
(30) 'Vested' means being an active member of the system in
each of five calendar years.
(31) 'Volunteer firefighter' means a firefighter whose position
normally requires less than 600 hours of service per year.
SECTION 31. ORS 802.250 is amended to read:
802.250. (1) An eligible public employee may request that any
driver or vehicle record kept by the Department of Transportation
that contains or is required to contain the eligible employee's
residence address contain instead the address of the public
agency employing the eligible employee. A request under this
section shall:
(a) Be in a form specified by the department that provides for
verification of the eligible employee's employment.
Enrolled Senate Bill 1528 (SB 1528-A) Page 30
(b) Contain verification by the employing public agency of the
eligible employee's employment with the public agency.
(2) Upon receipt of a request and verification under subsection
(1) of this section, the department shall remove the eligible
employee's residence address from its records, if necessary, and
substitute therefor the address of the public agency employing
the eligible employee. The department shall indicate on the
records that the address shown is an employment address. While
the request is in effect, the eligible employee may enter the
address of the public agency employing the eligible employee on
any driver or vehicle form issued by the department that requires
an address.
(3) A public agency that verifies an eligible employee's
employment under subsection (1) of this section shall notify the
department within 30 days if the eligible employee ceases to be
employed by the public agency. The eligible employee shall notify
the department of a change of address as provided in ORS 803.220
or 807.560.
(4) If an eligible employee is killed in the line of duty, a
person who is a household member of the eligible employee may
request that any driver or vehicle record kept by the department
that contains or is required to contain the household member's
residence address continue to contain the address of the public
agency that employed the eligible employee for up to four years
after the date of the death of the eligible employee. On or
before the date on which the four-year period ends, the household
member shall notify the department of a change of address as
provided in ORS 803.220 or 807.560. A request under this
subsection shall be in a form specified by the department.
(5) As used in this section, 'eligible employee' means:
(a) A member of the State Board of Parole and Post-Prison
Supervision.
(b) The Director of the Department of Corrections and an
employee of an institution defined in ORS 421.005 as Department
of Corrections institutions, whose duties, as assigned by the
superintendent, include the custody of persons committed to the
custody of or transferred to the institution.
(c) A parole and probation officer employed by the Department
of Corrections and an employee of the Department of Corrections
Release Center whose duties, as assigned by the Chief of the
Release Center, include the custody of persons committed to the
custody of or transferred to the Release Center.
(d) A police officer appointed under ORS 276.021 or 276.023.
(e) An employee of the State Department of Agriculture who is
classified as a brand inspector by the Director of Agriculture.
(f) An investigator of the Criminal Justice Division of the
Department of Justice.
(g) A corrections officer as defined in ORS 181.610.
(h) A federal officer. As used in this paragraph, 'federal
officer' means a special agent or law enforcement officer
employed by:
(A) The Federal Bureau of Investigation;
(B) The United States Secret Service;
(C) The United States Citizenship and Immigration Services;
(D) The United States Marshals Service;
(E) The Drug Enforcement Administration;
(F) The United States Postal Service;
(G) The United States Customs and Border Protection;
(H) The United States General Services Administration;
(I) The United States Department of Agriculture;
Enrolled Senate Bill 1528 (SB 1528-A) Page 31
(J) The Bureau of Alcohol, Tobacco, Firearms and Explosives;
(K) The Internal Revenue Service;
(L) The United States Department of the Interior; or
(M) Any federal agency if the person is empowered to effect an
arrest with or without warrant for violations of the United
States Code and is authorized to carry firearms in the
performance of duty.
(i) An employee of the Department of Human Services or the
Oregon Health Authority whose duties include personal contact
with clients or patients of the department or the authority.
(j) Any judge of a court of this state.
(k) An employee of the Oregon Youth Authority whose duties
include personal contact with persons committed to the legal or
physical custody of the authority.
(L) A district attorney, as defined in ORS 131.005, or deputy
district attorney.
(m) An employee who provides educational services to persons
who are clients or patients of the Department of Human Services
or the Oregon Health Authority, who are under the jurisdiction of
the Psychiatric Security Review Board or who are under the
custody or supervision of the Department of Corrections, the
State Board of Parole and Post-Prison Supervision, a community
corrections agency, the Oregon Youth Authority or a juvenile
department. As used in this paragraph, 'employee who provides
educational services' means a person who provides instruction, or
services related to the instruction, of a subject usually taught
in an elementary school, a secondary school or a community
college or who provides special education and related services in
other than a school setting and who works for:
(A) An education service district or a community college
district; or
(B) A state officer, board, commission, bureau, department or
division in the executive branch of state government that
provides educational services.
(n) An employee of the Oregon Liquor Control Commission who is:
{ - (A) An inspector; - }
{ - (B) An investigator; or - }
{ - (C) A regulatory manager. - }
{ + (A) A liquor enforcement inspector; or
(B) A regulatory manager. + }
(o) A police officer as defined in ORS 801.395.
{ +
TRANSITIONAL PROVISIONS + }
SECTION 32. { + (1) The Department of Public Safety Standards
and Training shall make public safety personnel certification
under ORS 181.640 as liquor enforcement inspectors available for
qualified applicants no later than July 1, 2015.
(2) Notwithstanding section 21 of this 2012 Act and the
amendments to ORS 181.610 by sections 22 and 23 of this 2012 Act,
an inspector or investigator employed by the Oregon Liquor
Control Commission and not granted an extension under section 21
of this 2012 Act to obtain certification may perform the duties
of a liquor enforcement inspector without certification under ORS
181.640 until January 1, 2017.
(3) An employee of the Oregon Liquor Control Commission who
takes voluntary training for commission inspectors and
investigators provided by the Department of Public Safety
Standards and Training prior to the date that liquor enforcement
Enrolled Senate Bill 1528 (SB 1528-A) Page 32
inspector training is available from the department is deemed to
have met the minimum basic training requirements for a liquor
enforcement inspector and is exempt from any minimum physical
standards for liquor enforcement inspectors developed under
section 21 of this 2012 Act. + }
SECTION 33. { + The amendments to ORS 238.005 by section 30 of
this 2012 Act are solely for the purpose of harmonizing statutory
terminology and do not alter any pension rights. For purposes of
ORS chapter 238, Oregon Liquor Control Commission employees
classified prior to the effective date of this 2012 Act as
enforcement officers are equivalent to liquor enforcement
inspectors. + }
SECTION 34. { + The amendments to ORS 802.250 by section 31 of
this 2012 Act do not terminate or otherwise affect any request
filed by an eligible employee or by a family member of an
eligible employee under ORS 802.250 prior to the effective date
of this 2012 Act. + }
{ +
APPLICABILITY + }
SECTION 35. { + The amendments to ORS 163.095 and 166.070 by
sections 26 and 27 of this 2012 Act apply to conduct occurring on
or after the effective date of this 2012 Act. + }
SECTION 36. { + The amendments to ORS 471.360, 471.375 and
471.675 by sections 2 to 4 of this 2012 Act apply to conduct
occurring on or after the effective date of this 2012 Act. + }
{ +
CAPTIONS + }
SECTION 37. { + The unit captions used in this 2012 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2012 Act. + }
{ +
EMERGENCY + }
SECTION 38. { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
----------
Enrolled Senate Bill 1528 (SB 1528-A) Page 33
Passed by Senate February 17, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House February 27, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1528 (SB 1528-A) Page 34
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1528 (SB 1528-A) Page 35
