Chapter 516
Oregon Laws 2011
AN ACT
SB 878
Relating to
private security professionals; amending ORS 181.871; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.871 is amended to
read:
181.871. (1) ORS 181.870 to 181.887 do
not apply to:
(a) A person certified by the
Department of Public Safety Standards and Training as a police officer or a
parole and probation officer.
(b) A law enforcement officer of the
United States.
(c) An officer or employee of this
state, Oregon Health and Science University established by ORS 353.020 or the
United States while performing duties of the office or employment.
(d) A person appointed or commissioned
by the Governor to perform law enforcement or security services.
(e) An attorney admitted to practice
law in this state while engaged in the practice of law.
(f) An insurance adjuster licensed in
this state while performing duties authorized by the license.
[(g)
A person who monitors fire alarm systems and other alarm systems that are not
designed to detect unauthorized intrusions while monitoring such systems.]
(g) A person who monitors alarm
systems that are not designed to detect threats to public safety or personal
well-being.
(h) A person while protecting the person’s
property.
(i) A person who repairs and installs
intrusion alarms while repairing or installing intrusion alarms.
(j) A person acting as an investigator
as defined in ORS 703.401.
(k) A person performing crowd
management or guest services, including, but not limited to, a person described
as a ticket taker, an usher, a parking attendant or event staff or a person
employed for the purpose of age verification and controlling access at an
entrance of the premises by a licensee of the Oregon Liquor Control
Commission[, who is not armed and is not
hired with the primary responsibility of taking enforcement action as described
in ORS 181.870 (8)(f)].
(L) A person performing security
services at a facility regulated by the United States Nuclear Regulatory
Commission if the facility is operated by the person’s employer.
(m) An individual while on active duty
as a member of the armed services or while performing duties as a law
enforcement officer.
(n) An employee of a financial
institution who has been designated as a security officer for the financial
institution pursuant to the Bank Protection Act of 1968 (12 U.S.C. 1881 et
seq.) and regulations adopted thereunder or pursuant to ORS 723.276 (5).
(2) The exemption provided by
subsection (1)(k) of this section applies only:
(a) To a person who is not:
(A) Armed;
(B) Permitted to initiate
confrontational activities; or
(C) Hired with the primary
responsibility of taking enforcement action as described in ORS 181.870 (8)(f);
[(a)]
(b) If there is at least one person on-site who is certified or licensed
under ORS 181.878 for every 10 or fewer uncertified persons performing the
services described in subsection (1)(k) of this section;
[(b)]
(c) If any enforcement action, as described in ORS 181.870 (8)(f), other
than incidental or temporary action, is taken by or under the supervision of a
person certified or licensed under ORS 181.878; and
[(c)]
(d) During the time when a crowd has assembled for the purpose of
attending or taking part in an organized event, including pre-event assembly,
event operation hours and post-event departure activities.
SECTION 2. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor June 23, 2011
Filed in the
office of Secretary of State June 23, 2011
Effective date
June 23, 2011
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