Chapter 0613

Chapter 613 Oregon Laws 2005

AN ACT

HB 2117

Relating to investigators; creating new provisions; amending ORS 181.637, 703.401, 703.407, 703.415, 703.425, 703.427, 703.430, 703.435, 703.440, 703.445, 703.447, 703.450, 703.460, 703.465, 703.470, 703.473, 703.480, 703.490, 703.995 and 802.179; repealing ORS 703.455, 703.475 and 703.485; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) The Oregon Board of Investigators is abolished. On the operative date of this section, the tenure of office of the members of the Oregon Board of Investigators ceases.

(2) All the duties, functions and powers of the Oregon Board of Investigators are imposed upon, transferred to and vested in the Department of Public Safety Standards and Training.

SECTION 2. (1) The Oregon Board of Investigators shall deliver to the Department of Public Safety Standards and Training all records and property within the jurisdiction of the Oregon Board of Investigators that relate to the duties, functions and powers transferred by section 1 of this 2005 Act.

(2) The Department of Public Safety Standards and Training shall take possession of the records and property.

(3) ORS 236.610 does not apply to employees of the Oregon Board of Investigators.

(4) The Governor shall resolve any dispute between the Oregon Board of Investigators and the Department of Public Safety Standards and Training relating to transfers of records and property under this section, and the Governor’s decision is final.

SECTION 3. (1) The unexpended balances of amounts authorized to be expended by the Oregon Board of Investigators for the biennium beginning July 1, 2005, from revenues dedicated, continuously appropriated, appropriated or otherwise made available for the purpose of administering and enforcing the duties, functions and powers transferred by section 1 of this 2005 Act are appropriated and transferred to and are available for expenditure by the Department of Public Safety Standards and Training for the biennium beginning July 1, 2005, for the purpose of administering and enforcing the duties, functions and powers transferred by section 1 of this 2005 Act.

(2) The expenditure classifications, if any, established by Acts authorizing or limiting expenditures by the Oregon Board of Investigators remain applicable to expenditures by the Department of Public Safety Standards and Training under this section.

SECTION 4. The transfer of duties, functions and powers to the Department of Public Safety Standards and Training by section 1 of this 2005 Act does not affect any action, proceeding or prosecution involving or with respect to such duties, functions and powers begun before and pending at the time of the transfer, except that the Department of Public Safety Standards and Training is substituted for the Oregon Board of Investigators in the action, proceeding or prosecution.

SECTION 5. (1) Nothing in sections 1 to 8 of this 2005 Act relieves a person of a liability, duty or obligation accruing under or with respect to the duties, functions and powers transferred by section 1 of this 2005 Act. The Department of Public Safety Standards and Training may undertake the collection or enforcement of any such liability, duty or obligation.

(2) The rights and obligations of the Oregon Board of Investigators legally incurred under contracts, leases and business transactions executed, entered into or begun before the operative date of section 1 of this 2005 Act are transferred to the Department of Public Safety Standards and Training. For the purpose of succession to these rights and obligations, the Department of Public Safety Standards and Training is a continuation of the Oregon Board of Investigators and not a new authority.

SECTION 6. Notwithstanding the transfer of duties, functions and powers by section 1 of this 2005 Act, the rules of the Oregon Board of Investigators in effect on the operative date of section 1 of this 2005 Act continue in effect until superseded or repealed by rules of the Department of Public Safety Standards and Training. References in rules of the Oregon Board of Investigators to the Oregon Board of Investigators or an officer or employee of the Oregon Board of Investigators are considered to be references to the Department of Public Safety Standards and Training or an officer or employee of the Department of Public Safety Standards and Training.

SECTION 7. Whenever, in any uncodified law or resolution of the Legislative Assembly or in any rule, document, record or proceeding authorized by the Legislative Assembly, reference is made to the Oregon Board of Investigators or an officer or employee of the Oregon Board of Investigators, the reference is considered to be a reference to the Department of Public Safety Standards and Training or an officer or employee of the Department of Public Safety Standards and Training.

SECTION 8. (1) The Director of the Department of Public Safety Standards and Training may take any action before the operative date of section 1 of this 2005 Act that is necessary to enable the director to exercise, on and after the operative date of section 1 of this 2005 Act, the duties, functions and powers of the director pursuant to section 1 of this 2005 Act.

(2) The Board on Public Safety Standards and Training shall make the appointments required by the amendments to ORS 181.637 by section 28 of this 2005 Act before the operative date of section 1 of this 2005 Act.

SECTION 9. ORS 703.401 is amended to read:

703.401. As used in ORS 703.401 to 703.490, 703.993 and 703.995, unless the context otherwise requires:

[(1) “Board” means the Oregon Board of Investigators.]

[(2)] (1) “Client” means a person who engages an investigator, firm, partnership, corporation or other entity for the purpose of conducting lawful activity on the person’s behalf.

[(3)] (2) “Investigator” means a person who is a licensed investigator under ORS 703.430 and who engages in the business of obtaining or furnishing, or who solicits or accepts employment to obtain or furnish, information about:

(a) Crimes or wrongs done or threatened against the United States or any state or territory of the United States;

(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activities, movements, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;

(d) The cause of or responsibility for fires, libels, losses, accidents, damages or injuries to persons or property; or

(e) Evidence to be used before any court, board, officer, referee, arbitrator or investigation committee.

SECTION 10. ORS 703.407 is amended to read:

703.407. The licensing requirement of ORS 703.405 does not apply to a person [who] while the person is:

(1) [Provides] Providing testimony in a court as an expert under ORS 40.410; or

(2) [Conducts] Conducting investigations or reviews or [engages] engaging in other activities in preparation for providing testimony in a court as an expert under ORS 40.410.

SECTION 11. ORS 703.415 is amended to read:

703.415. [(1)] In order to obtain [an] a private investigator’s license, a person:

[(a)] (1) Must be at least 18 years of age;

[(b)] (2) Must be [a citizen of] eligible to work in the United States;

[(c)] (3) Must not have committed any act that constitutes grounds for denial of a license under ORS 703.465;

[(d)] (4) Must have obtained a passing score on the test of professional investigator competency administered or approved by the [Oregon Board of Investigators] Department of Public Safety Standards and Training;

[(e)] (5) Must submit to fingerprint criminal records checks as prescribed by the [board] department by rule;

[(f)] (6) Must have a corporate surety bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the [board] department may prescribe by rule in the sum of at least $5,000, or errors and omissions insurance in the sum of at least $5,000; and

[(g)] (7) Must have at least 1,500 hours of experience in investigatory work, [or] have completed a related course of study approved by the [board] department or have a combination of work experience and education approved by the department.

[(2) Notwithstanding subsection (1) of this section, a person who meets the requirements of subsection (1)(a) to (f) of this section is eligible for an investigator’s license with an endorsement indicating that the license is provisional.]

SECTION 12. ORS 703.425 is amended to read:

703.425. (1) An application for [an] a private investigator’s license or a provisional investigator’s license must be in writing on a form prescribed by the [Oregon Board of Investigators] Department of Public Safety Standards and Training and signed under oath, stating the applicant’s:

(a) Legal name;

(b) Birthdate;

(d) Physical description;

(e) Current residence;

(f) Residence for the preceding 10 years;

(g) Current employment;

(h) Employment for the preceding 10 years;

(i) Experience qualifications;

(j) Education;

(k) Business address, which may be a post office box; and

(L) Any other information required by the [board] department.

(2) The application must be accompanied by:

(a) The application fee as prescribed by the [board] department by rule;

(b) Recent photographs of the applicant as prescribed by the [board] department by rule to be used for an identification card and for the files of the [board] department;

(d) Three professional references, none of which may be from a person who is related to the applicant by blood or marriage;

(e) Proof of a corporate surety bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the [board] department may prescribe by rule in the sum of at least $5,000, or errors and omissions insurance in the sum of at least $5,000[. Failure to maintain such security or insurance is grounds for penalties as the board determines or denial of renewal of a license]; and

(f) Proof of a passing score on the test of professional investigator competency administered or approved by the [board] department.

(3) All applicants must disclose any acts or crimes constituting grounds for denial of a license under ORS 703.465 and must notify the [board] department when the applicant is charged with a criminal offense. The [board must] department shall conduct a special review of any applicant making a disclosure under this subsection.

(4) The [board] Department of Public Safety Standards and Training shall request criminal offender information from the Department of State Police in the manner required by ORS 703.427.

(5) Employees of or partners in a firm who are covered by the firm’s errors and omissions insurance meet the requirements of subsection (2)(e) of this section as long as the coverage is at least $5,000 per investigator.

SECTION 13. ORS 703.427 is amended to read:

703.427. (1)(a) The [Oregon Board of Investigators] Department of Public Safety Standards and Training shall forward two complete sets of an applicant’s fingerprints to the Department of State Police and request the Department of State Police to conduct a statewide criminal records check on the applicant.

(b) Upon the request of the [board] Department of Public Safety Standards and Training, the Department of State Police shall furnish to the authorized staff of the [board] Department of Public Safety Standards and Training such information on an applicant for [an investigator’s license] a license issued under ORS 703.430 as the Department of State Police may have in its possession from its central bureau of criminal identification, including but not limited to manual or computerized criminal offender information. The Department of State Police shall maintain the fingerprint cards used to conduct the statewide criminal records check in its files.

(2)(a) If the background investigation conducted under subsection (1) of this section does not disclose any activity that would disqualify an applicant from becoming an investigator pursuant to ORS 703.465, the Department of State Police shall conduct nationwide criminal records checks of the applicant through the Federal Bureau of Investigation by use of the applicant’s fingerprints and shall report the results to the authorized staff of the [board] Department of Public Safety Standards and Training, who must be specifically authorized to receive the information.

(b) The Federal Bureau of Investigation shall either return or destroy the fingerprint cards used to conduct the criminal records check and [shall] may not keep any record of the fingerprints. However, if the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the Department of State Police shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.

(c) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the Department of State Police shall return the fingerprint cards to the [board] Department of Public Safety Standards and Training.

[(3) For purposes of requesting and receiving the information and data described in subsections (1) and (2) of this section, the board is a designated agency for purposes of ORS 181.010 to 181.560 and 181.715 to 181.730.]

SECTION 14. ORS 703.430 is amended to read:

703.430. (1) The [Oregon Board of Investigators] Department of Public Safety Standards and Training shall issue:

(a) [An] A private investigator’s license if the applicant has satisfied the requirements of ORS 703.415 and 703.425 and is in compliance with the rules of the department.

(b) [Notwithstanding the fact that an applicant does not meet the requirement in ORS 703.415 (1)(g), the board shall issue an] A provisional investigator’s license if the applicant has satisfied the [remaining] requirements of ORS 703.415 (1) to (6) and 703.425 and [shall endorse the license as provisional] is in compliance with the rules of the department. A person who has [an] a provisional investigator’s license [with a provisional endorsement] may not employ or supervise other investigators. [Upon receiving an investigator’s license from the board, an investigator shall, at all times, post this license in a conspicuous place in the principal place of business of the investigator.]

(2) The department may issue:

(a) A temporary investigator’s license to a person licensed as an investigator by another jurisdiction. The department shall adopt rules to carry out this paragraph including, but not limited to, rules establishing requirements, procedures and fees for issuing a temporary investigator’s license and the scope and duration of the license.

(b) An interim investigator’s license to a person who:

(A) Has applied for a private investigator’s license or a provisional investigator’s license and whose application has not been granted or denied;

(B) Works only for a private investigator licensed under this section, an attorney or another employer who has requested that the person be issued an interim investigator’s license;

(C) Has never been convicted of, pleaded guilty or no contest to or forfeited security for a crime; and

(D) Meets all requirements established by the department by rule including, but not limited to, rules establishing requirements, procedures and fees for issuing an interim investigator’s license and the scope and duration of the license.

[(2)] (3) A license issued under subsection (1) of this section expires two years following the date of issuance or on the assigned renewal date.

[(3) When a person who has been issued an investigator’s license with a provisional endorsement has acquired the experience or education described in ORS 703.415 (1)(g), the person shall notify the board and request the removal of the endorsement. The board shall adopt by rule an expedited procedure for processing such requests.]

SECTION 15. ORS 703.435 is amended to read:

703.435. (1) When issuing [an investigator’s] a license under ORS 703.430, the [Oregon Board of Investigators] Department of Public Safety Standards and Training shall also issue an identification card of a size, design and content as may be determined by the [board] department by rule.

(2) An investigator shall carry at all times, while engaged in the practice of investigating, the identification card issued under this section.

[(3) Identification cards remain the property of this state and must be returned to the board within 15 business days after:]

[(a) Failure to renew an investigator’s license; or]

[(b) Revocation or suspension of a license by the board.]

[(4)] (3) In the event of loss or destruction of a license issued under ORS 703.430 or an identification card issued under this section, the investigator may apply to the [board] department for a replacement [of the card, stating]. The application must state the circumstances of the loss or destruction. The investigator shall provide recent photographs of the investigator and a [card] replacement application fee as prescribed by the [board] department by rule.

SECTION 16. ORS 703.440 is amended to read:

703.440. The [Oregon Board of Investigators] Department of Public Safety Standards and Training may enter into a reciprocal agreement with the appropriate official of any other state to allow an investigator licensed in the other state to operate in Oregon if the [board] department determines that the requirements for licensure in that state are substantially similar to the requirements under Oregon law.

SECTION 17. ORS 703.445 is amended to read:

703.445. (1) An investigator who desires to continue to practice in this state must apply for renewal and pay the renewal fee as prescribed by rule of the [Oregon Board of Investigators] Department of Public Safety Standards and Training to the [board] department on or before the renewal date of the license. Any person who fails to pay the renewal fee by the renewal date may, within the following 30 days, pay the renewal fee plus a penalty in an amount to be prescribed by [board] department rule, not to exceed twice the amount of the renewal fee. Any person who fails to pay the renewal fee, with accrued penalties, for a period of 30 days after the renewal date [shall forfeit] forfeits the right to work as an investigator in this state and may be reinstated only upon compliance with the initial application procedures.

(2) Prior to renewing a license, the [board] Department of Public Safety Standards and Training may request criminal offender information from the Department of State Police as provided in ORS 703.427. Any act that is grounds for denying an initial application for a license is grounds for refusing to renew a license.

(3) An investigator may [choose to become inactive rather than renew a license] request the Department of Public Safety Standards and Training to place the investigator on inactive status at any time during the licensing period. [The investigator must notify the board of the decision to become inactive.] Upon payment of the inactive license fee as prescribed by rule of the [board] department, the [board] department shall place the investigator on inactive status. An investigator on inactive status may not work as an investigator.

SECTION 18. ORS 703.447 is amended to read:

703.447. (1)(a) [Except as otherwise provided in paragraph (b) of this subsection,] An investigator issued a private investigator’s license must complete at least 32 hours of continuing education every two years.

(b) An investigator [who has an investigator license with a provisional endorsement] issued a provisional investigator’s license must complete at least 40 hours of continuing education every two years.

(2) An investigator may carry no more than 15 hours of continuing education from one licensing period to the next.

(3) When an investigator applies for renewal of a license under ORS 703.445, the investigator must provide proof of having completed the required continuing education.

(4) As used in this section, “continuing education” means any educational endeavor that reasonably could be considered beneficial to the work of the investigator. Continuing education may be obtained:

(a) Through participation in conferences or educational courses offered by trade schools or colleges, whether as an attendee or a presenter;

(b) Through independent studies;

(d) As otherwise provided by the [board] Department of Public Safety Standards and Training by rule.

SECTION 19. ORS 703.450 is amended to read:

703.450. [All licensed investigators must, at all times, observe the following rules and requirements of conduct] A licensed investigator:

(1) [An investigator] May not knowingly make any false report to an employer or client [for whom information is being obtained].

[(2) An investigator may not use a badge in connection with the official activities of the investigator’s business.]

[(3) An investigator may not attempt to give an impression that the investigator is connected in any way with any law enforcement agency or other governmental entity by any statement or activity, including using a title, wearing a uniform, using an insignia or using an identification card.]

(2) May not commit fraud or deceit toward a client or employer.

(3) May not knowingly violate a court order or injunction in the course of business as an investigator.

(4) May not commit an act that reflects adversely on the investigator’s honesty, integrity, trustworthiness or fitness to engage in business as an investigator.

(5) May not act unprofessionally while acting as an investigator.

(6) May not use unlicensed persons to conduct investigative activities.

[(4)] (7) [An investigator] Is responsible for the professional, ethical and legal conduct of the investigator’s employees or other persons working under the investigator’s supervision.

(8) Shall inform each client that the client has a right to receive a written contract. The contract shall clearly state the task to be performed and the rate of payment.

(9) Shall inform each client that the client is entitled to receive both of the following reports concerning services rendered:

(a) An oral report that is timely and adequate; and

(b) A written report furnished by the investigator within seven days after written request is received from the client.

(10) Shall keep separate and distinct case files for each client and case. Case files must include all written agreements with the client, the date investigative activities began, copies of all correspondence and written reports generated and an accurate accounting of all time spent, activities conducted and expenses incurred by the investigator during the course of the case.

(11) Shall maintain a record of the term of employment of each employee or contractor.

(12) Shall maintain all records and files referred to in this section for not less than seven years.

(13) Shall maintain required security or insurance.

(14) Shall post the license of the investigator in a conspicuous place in the investigator’s principal place of business.

(15) Unless performing services for a law enforcement or other governmental agency, may not attempt to give an impression that the investigator is connected in any way with a law enforcement or other governmental agency by any statement or activity, including using a title, wearing a uniform, using a badge or insignia or using an identification card or by any failure to make a statement or act.

(16) Shall maintain the confidentiality of each client as required by rules of professional conduct established by the Department of Public Safety Standards and Training.

(17) May not submit false information to the department.

(18) May not impede a compliance investigation.

(19) Shall return to the department the license and identification card issued by the department to the investigator no later than 15 days after the expiration or revocation of the license.

SECTION 20. ORS 703.460 is amended to read:

703.460. (1) [Investigators shall maintain a principal location for the conduct of business. This location, as well as any branch office, shall be registered with the Oregon Board of Investigators.] A licensed investigator shall provide the Department of Public Safety Standards and Training with:

(a) The investigator’s legal name, home address and home telephone number; and

(b) The name, physical and mailing addresses and telephone number of the investigator’s business.

(2) In addition to the information required by subsection (1) of this section, a licensed investigator who is not a resident of this state shall designate a person to act as the investigator’s agent for service of process. The investigator shall make the designation on a form approved by the department and shall include the physical address of the agent’s business. When an investigator changes the designated agent, the investigator shall submit a new designation form. To act as an agent under this subsection, the person must be:

(a) An individual who resides in this state and who maintains a business office in this state; or

(b) A corporation that maintains a business office in this state.

(3) [Each] An investigator shall notify the [board] department within 10 business days of any change [of the business address of the principal location or of any branch office of the business] in the information required by this section.

SECTION 21. ORS 703.465 is amended to read:

703.465. (1) The [Oregon Board of Investigators] Department of Public Safety Standards and Training may refuse to grant or renew a license, may suspend or revoke a license or may reprimand an investigator for any [of the following reasons:]

[(a) A conviction of a felony or of any offense involving moral turpitude;]

[(b) A] violation of ORS 703.405, 703.450 or 703.460 or of any rule adopted by the [board;] department.

[(c) Any unprofessional conduct or unfitness of the investigator;]

[(d) Gross or repeated negligence or incompetence in the course of the investigator’s business;]

[(e) The submission of any false information in connection with an application for or renewal of a license; or]

[(f) Knowing violation of any court order or injunction in the course of business as an investigator.]

[(2) Before the board proposes to suspend or revoke the license of an investigator, the board may attempt to provide the investigator with an opportunity to correct the deficiencies warranting a suspension or revocation by providing the investigator with:]

[(a) A mentor;]

[(b) Education; or]

[(c) Rehabilitation.]

(2) In determining whether to issue a denial, suspension, revocation or reprimand, the department shall consider the facts of the case as they relate to the person’s fitness to practice as an investigator.

(3) As part of the disciplinary process, the department may provide an investigator with an opportunity to correct the deficiencies by allowing the investigator to complete a course of rehabilitation approved by the department.

(4) When the department denies or revokes a license, the applicant or licensee may not reapply for a license until three years have elapsed from the issuance of the final order of denial or revocation. A person who reapplies after a denial or revocation must prove by a preponderance of the evidence that the grounds for the denial or revocation no longer exist.

SECTION 22. ORS 703.470 is amended to read:

703.470. (1) If the [Oregon Board of Investigators] Department of Public Safety Standards and Training proposes to refuse to issue or renew a license or proposes to suspend or revoke a license or proposes to reprimand an investigator, opportunity for hearing shall be accorded as provided in ORS chapter 183.

(2) Judicial review of orders under subsection (1) of this section shall be as provided in ORS chapter 183.

SECTION 23. ORS 703.473 is amended to read:

703.473. (1) An investigator’s home address, home telephone number, personal electronic mail address, Social Security number, photograph and other personal identifying information [is] are confidential and not subject to disclosure under ORS 192.410 to 192.505 unless written consent to disclose is given by the investigator.

(2) Except as provided by rules established by the Department of Public Safety Standards and Training, investigator client files obtained by the department are confidential and not subject to disclosure under ORS 192.410 to 192.505.

(3) Information obtained by the department as part of an investigation of a licensee or applicant, including complaints concerning the licensee or applicant, is confidential and not subject to disclosure under ORS 192.410 to 192.505 until the department dismisses the case or issues a proposed order.

SECTION 24. ORS 703.480 is amended to read:

703.480. The [Oregon Board of Investigators] Department of Public Safety Standards and Training shall:

[(1) Organize and elect from its membership a president and vice president of the board.]

[(2) Adopt and use a common seal.]

[(3)] (1) Adopt rules necessary for the administration of ORS 703.401 to 703.490, in accordance with ORS 183.325 to 183.410.

[(4)] (2) Investigate alleged violations of ORS 703.401 to 703.490 and of any rules adopted by the [board] department. When the [board] department conducts an investigation under this subsection, the [board] department shall destroy all information about the alleged violation if the [board] department determines that the allegation is false.

[(5)] (3) In collaboration with the Private Security Policy Committee, prescribe and collect fees for application, licensing, renewal of licenses, issuance of identification cards and penalties for late renewal of licenses. Fees established may not exceed the cost of administering the program of the [board] department for which the fee was established.

[(6)] (4) In collaboration with the Private Security Policy Committee, adopt and administer a test of professional investigator competency.

[(7)] (5) In collaboration with the Private Security Policy Committee, formulate a code of professional ethics to be followed by investigators.

[(8) Meet for the transaction of business at the call of the president. A majority of the members constitutes a quorum for the transaction of business.]

[(9) Keep an accurate record of all proceedings and activities of the board. All records shall be kept in the office of the board. All of the records of the board shall be public. However, investigator client files obtained by the board are exempt from disclosure under ORS 192.410 to 192.505 unless the public interest requires disclosure in the particular instance.]

[(10) Provide an accounting of board funds to every investigator at the end of each odd-numbered fiscal year.]

[(11)] (6) Establish a website on the Internet that lists each investigator with the investigator’s license number, business address and business telephone number.

[(12)] (7) Provide professional development opportunity information to investigators.

SECTION 25. ORS 703.490 is amended to read:

703.490. [(1) There is created an Oregon Board of Investigators Account in the General Fund of the State Treasury.] All moneys received by the [Oregon Board of Investigators] Department of Public Safety Standards and Training under ORS 703.401 to 703.490, 703.993 and 703.995 shall be paid into the General Fund in the State Treasury and credited to the Police Standards and Training Account established in ORS 181.690. Notwithstanding ORS 181.690 (1), all moneys [in] credited to the account [are continuously appropriated to the Oregon Board of Investigators to be] under this section may be used only for the expenses of administration and enforcement of ORS 703.401 to 703.490, 703.993 and 703.995.

[(2) All fines and civil penalties collected or received for violations under ORS 703.401 to 703.490, 703.993 and 703.995 shall be paid to the General Fund.]

SECTION 26. ORS 703.995 is amended to read:

703.995. (1) In addition to any other penalty provided by law, a person who violates any provision of ORS 703.401 to 703.490 or any rule adopted thereunder:

(a) Is subject to payment of a civil penalty in an amount of not more than $500 for each offense; and

(b) May be assessed the costs of the disciplinary proceedings as a civil penalty.

(2) Notwithstanding subsection (1)(a) of this section, if a person violates ORS 703.405, the person is subject to payment of a civil penalty in an amount of not more than $5,000 for each violation with maximum penalties not to exceed $10,000 per year. The amount of a penalty under this subsection shall be determined by taking into consideration the gravity of the violation, the previous record of the violator in complying or failing to comply with requirements imposed on the violator and any other considerations the Department of Public Safety Standards and Training deems appropriate.

[(2)] (3) Civil penalties under this section shall be imposed as provided in ORS 183.745.

[(3)] (4) Judicial review of civil penalties imposed under this section shall be as provided under ORS 183.480, except that the court may reduce the amount of the penalty.

SECTION 27. ORS 802.179 is amended to read:

802.179. (1) The Department of Transportation, upon request or as required by law, shall disclose personal information from a motor vehicle record to a government agency for use in carrying out its governmental functions.

(2) The department shall disclose personal information from a motor vehicle record for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of any of the following federal Acts:

(a) The Automobile Information Disclosure Act.

(b) The Motor Vehicle Information and Cost Saving Act.

(d) The Anti-Car Theft Act of 1992.

(e) The Clean Air Act.

(3)(a) If the department determines that a business is a legitimate business, the department shall disclose personal information to the business for use in the normal course of business in:

(A) Verifying the accuracy of personal information submitted to the business; or

(B) Correcting personal information submitted to the business, but only in order to:

(i) Prevent fraud;

(ii) Pursue legal remedies against the individual who submitted the personal information; or

(iii) Recover a debt from, or satisfy a security interest against, the individual.

(b) The department shall adopt rules specifying the kind of information that the department will accept as evidence that a business is a legitimate business.

(4) The department shall disclose personal information to:

(a) An attorney, a financial institution as defined in ORS chapter 706 or a collection agency registered under ORS 697.031 for use in connection with a civil, criminal, administrative or arbitration proceeding in any court, government agency or self-regulatory body. Permissible uses of personal information under this paragraph include, but are not limited to, service of process, investigation in anticipation of litigation and the execution and enforcement of judgments and orders.

(b) A process server acting as an agent for an individual for use in serving documents in connection with an existing civil, criminal, administrative or arbitration proceeding, or a judgment, in any court, government agency or self-regulatory body. Nothing in this paragraph limits the activities of a process server when acting as an agent for an attorney, collection agency or like person or for a government agency.

(5) The department shall disclose personal information other than names to a researcher for use in researching health and educational questions and providing statistical reports, as long as the personal information is not published, redisclosed or used to contact individuals. The department may disclose information under this subsection only for research sponsored by an educational institution or a health research institution.

(6) The department shall disclose personal information to an insurer, an insurance support organization or a self-insured entity in connection with claims investigation activities, antifraud activities, underwriting or rating.

(7) The department shall disclose personal information regarding ownership or other financial interests in a vehicle to a person who is required by the state or federal Constitution, a statute or an ordinance to give notice to another person concerning the vehicle. Personal information disclosed under this subsection may be used only for giving the required notice. Persons authorized to receive personal information under this subsection include, but are not limited to:

(a) Tow companies;

(b) Persons who have or are entitled to have liens on the vehicle; and

(8) The department shall disclose personal information to any private security officer certified under ORS 181.878, to be used for the purpose of determining ownership of vehicles parked in a place over which the private security officer, acting within the scope of the officer’s employment, exercises control.

(9) The department shall disclose personal information to the employer of an individual who holds a commercial driver license, or the insurer of the employer, to obtain or verify information about the holder of the commercial driver license.

(10) The department shall disclose personal information to the operator of a private toll facility for use in collecting tolls.

(11) The department may not disclose personal information for bulk distributors of surveys, marketing materials or solicitations except as provided in this subsection. The department shall implement methods and procedures to ensure:

(a) That individuals are offered an opportunity to request that personal information about themselves be disclosed to bulk distributors; and

(b) That the personal information provided by the department will be used, rented or sold solely for bulk distribution of surveys, marketing materials and solicitations.

(12) The department shall disclose personal information to a person who requests the information if the requester provides the department with written permission from the individual whose personal information is requested. The written permission from the individual must be notarized.

(13) The department shall disclose personal information to a person who is in the business of disseminating such information under the following conditions:

(a) In addition to any other requirements under the contract executed pursuant to paragraph (b) of this subsection, the person requesting the information must file a performance bond with the department in the amount of $25,000. The bond must be executed in favor of the State of Oregon and its form is subject to approval by the Attorney General.

(b) The disseminator shall enter into a contract with the department. A contract under this paragraph shall contain at least the following provisions:

(A) That the disseminator will not reproduce or distribute the personal information in bulk but only in response to an individual record inquiry.

(B) That the disseminator will provide the personal information only as provided in ORS 802.181.

(C) That the disseminator will have a method of ensuring that the disseminator can delay for a period of up to two days the giving of personal information to a requester who is not a subscriber.

(14) The department shall disclose personal information to representatives of the news media for the gathering or dissemination of information related to the operation of a motor vehicle or to public safety.

(15) The department shall disclose personal information as provided in ORS 802.220 (5).

(16) The department shall adopt rules providing for the release of personal information from motor vehicle records to a person who has a financial interest in the vehicle. Rules adopted under this subsection may include, but need not be limited to, rules establishing procedures for the department to verify the financial interest of the person making the request for personal information.

(17) The department shall adopt rules providing for the release of personal information from motor vehicle records to a person who is injured by the unsafe operation of a vehicle or who owns property that is damaged because of the unsafe operation of a vehicle.

(18) The department shall disclose personal information to a private investigator licensed by any licensing authority within the State of Oregon, to be used for any purpose permitted any person under this section. A licensed private investigator requesting information must prove to the department that the person has a corporate surety bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the [Oregon Board of Investigators] Department of Public Safety Standards and Training may prescribe by rule in the minimum amount of $5,000 or errors and omissions insurance in the minimum amount of $5,000.

SECTION 28. ORS 181.637 is amended to read:

181.637. (1) The Board on Public Safety Standards and Training shall establish the following policy committees:

(a) Corrections Policy Committee;

(b) Fire Policy Committee;

(d) Telecommunications Policy Committee; and

(e) Private Security Policy Committee.

(2) The members of each policy committee shall select a chairperson and vice chairperson for the policy committee. Only members of the policy committee who are also members of the board are eligible to serve as a chairperson or vice chairperson. The vice chairperson may act as chairperson in the absence of the chairperson.

(3) The Corrections Policy Committee consists of:

(a) All of the board members who represent the corrections discipline;

(b) The chief administrative officer of the training division of the Department of Corrections;

(d) The following, who may not be current board members, appointed by the chairperson of the board:

(A) One person recommended by and representing the Oregon State Sheriffs’ Association;

(B) Two persons recommended by and representing the Oregon Jail Managers’ Association;

(D) One nonmanagement corrections officer employed by the Department of Corrections; and

(E) One corrections officer who is a female, who is employed by the Department of Corrections at a women’s correctional facility and who is a member of a bargaining unit.

(4) The Fire Policy Committee consists of:

(a) All of the board members who represent the fire service discipline; and

(b) The following, who may not be current board members, appointed by the chairperson of the board:

(A) One person recommended by and representing a statewide association of fire instructors;

(B) One person recommended by and representing a statewide association of fire marshals;

(D) One nonmanagement firefighter recommended by a statewide organization of firefighters.

(5) The Police Policy Committee consists of:

(a) All of the board members who represent the law enforcement discipline; and

(b) The following, who may not be current board members, appointed by the chairperson of the board:

(A) One person recommended by and representing the Oregon Association Chiefs of Police;

(B) Two persons recommended by and representing the Oregon State Sheriffs’ Association;

(D) One nonmanagement law enforcement officer.

(6) The Telecommunications Policy Committee consists of:

(a) All of the board members who represent the telecommunications discipline; and

(b) The following, who may not be current board members, appointed by the chairperson of the board:

(A) Two persons recommended by and representing a statewide association of public safety communications officers;

(B) One person recommended by and representing the Oregon Association Chiefs of Police;

(D) Two persons representing telecommunicators;

(E) One person recommended by and representing the Oregon State Sheriffs’ Association;

(F) One person recommended by and representing the Oregon Fire Chiefs’ Association;

(G) One person recommended by and representing the Emergency Medical Services and Trauma Systems Program of the Department of Human Services; and

(H) One person representing paramedics and recommended by a statewide association dealing with fire medical issues.

(7) The Private Security Policy Committee consists of:

(a) All of the board members who represent the private security discipline; and

(b) The following, who may not be current board members, appointed by the chairperson of the board:

(A) One person representing unarmed security officers;

(B) One person representing armed security officers;

(D) One person representing the manufacturing industry;

(E) One person representing the retail industry;

(F) One person representing the hospitality industry;

(G) One person representing private business or a governmental entity that utilizes private security services;

(H) One person representing persons who monitor alarm systems; [and]

(I) Two persons who are investigators licensed under ORS 703.430, one of whom is recommended by the Oregon State Bar and one of whom is in private practice; and

[(I)] (J) One person who represents the public at large and who is not related within the second degree by affinity or consanguinity to a person who is employed or doing business as a private security officer or executive manager, as defined in ORS 181.870, or as an investigator, as defined in ORS 703.401.

(8) In making appointments to the policy committees under this section, the chairperson of the board shall seek to reflect the diversity of the state’s population. An appointment made by the chairperson of the board must be ratified by the board before the appointment is effective. The chairperson of the board may remove an appointed member for just cause. An appointment to a policy committee that is based on the member’s employment is automatically revoked if the member changes employment. The chairperson of the board shall fill a vacancy in the same manner as making an initial appointment. The term of an appointed member is two years. An appointed member may be appointed to a second term.

(9) A policy committee may meet at such times and places as determined by the policy committee in consultation with the Department of Public Safety Standards and Training. A majority of a policy committee constitutes a quorum to conduct business. A policy committee may create subcommittees if needed.

(10)(a) Each policy committee shall develop policies, requirements, standards and rules relating to its specific discipline. A policy committee shall submit its policies, requirements, standards and rules to the board for the board’s consideration. When a policy committee submits a policy, requirement, standard or rule to the board for the board’s consideration, the board shall:

(A) Approve the policy, requirement, standard or rule;

(B) Disapprove the policy, requirement, standard or rule; or

(b) The board may defer a decision and return a matter submitted by a policy committee under paragraph (a) of this subsection only once. If a policy, requirement, standard or rule that was returned to a policy committee is resubmitted to the board, the board shall take all actions necessary to implement the policy, requirement, standard or rule unless the board disapproves the policy, requirement, standard or rule.

(c) Disapproval of a policy, requirement, standard or rule under paragraph (a) or (b) of this subsection requires a two-thirds vote by the members of the board.

(11) At any time after submitting a matter to the board, the chairperson of the policy committee may withdraw the matter from the board’s consideration.

SECTION 29. ORS 703.455, 703.475 and 703.485 are repealed.

SECTION 30. Sections 1 to 7 of this 2005 Act, the amendments to ORS 703.401, 703.407, 703.415, 703.425, 703.427, 703.430, 703.435, 703.440, 703.445, 703.447, 703.450, 703.460, 703.465, 703.470, 703.473, 703.480, 703.490, 703.995 and 802.179 by sections 9 to 27 of this 2005 Act and the repeal of ORS 703.455, 703.475 and 703.485 by section 29 of this 2005 Act become operative on January 1, 2006.

SECTION 31. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect July 1, 2005.

Approved by the Governor July 22, 2005

Filed in the office of Secretary of State July 25, 2005

Effective date July 22, 2005

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