2011 ORS § 181.440¹
Eligibility of towing business to be placed on department list
  • rules

The Superintendent of State Police may make rules governing the eligibility of towing businesses to be placed and remain on any list of such businesses used by the Department of State Police when it requests towing services on behalf of any person. [1987 c.112 §2]

Note: Sections 1 to 4 and 58, chapter 644, Oregon Laws 2011, provide:

Sec. 1. As used in sections 1 to 4 of this 2011 Act:

(1) Authorized tribal police officer means a tribal police officer who is acting:

(a) In accordance with sections 1 to 4 of this 2011 Act; and

(b) While employed by a tribal government that is in compliance with sections 1 to 4 of this 2011 Act.

(2) Indian country has the meaning given that term in 18 U.S.C. 1151.

(3) Tribal government means a federally recognized sovereign tribal government whose borders lie within this state or an intertribal organization formed by two or more of those governments.

(4) Tribal police officer means an employee of a tribal government whose duties include the enforcement of criminal law. [2011 c.644 §1]

Note: The amendments to section 1, chapter 644, Oregon Laws 2011, by section 7, chapter 644, Oregon Laws 2011, become operative July 1, 2013. See section 8, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2013, is set forth for the users convenience.

Sec. 1. As used in sections 1 to 4 of this 2011 Act:

(1) Authorized tribal police officer means a tribal police officer who is acting:

(a) In accordance with sections 1 to 4 of this 2011 Act; and

(b) While employed by a tribal government that is in compliance with sections 1 to 4 of this 2011 Act.

(2) Tribal government means a federally recognized sovereign tribal government whose borders lie within this state or an intertribal organization formed by two or more of those governments.

(3) Tribal police officer means an employee of a tribal government whose duties include the enforcement of criminal law.

Sec. 2. A tribal police officer is eligible to act as an authorized tribal police officer if the officer:

(1) Is acting within the scope of employment as a tribal police officer;

(2) Is certified as a police officer under the provisions of ORS 181.610 (Definitions for ORS 181.610 to 181.712) to 181.712 (Child abuse and domestic violence training);

(3) Is in compliance with any rules adopted by the Department of Public Safety Standards and Training under sections 1 to 4 of this 2011 Act; and

(4) Is employed by a tribal government that:

(a) Is in compliance with the requirements of ORS 181.610 (Definitions for ORS 181.610 to 181.712) to 181.712 (Child abuse and domestic violence training) applicable to a law enforcement unit as defined in ORS 181.610 (Definitions for ORS 181.610 to 181.712);

(b) Is in compliance with sections 1 to 4 of this 2011 Act and any rules adopted by the department under sections 1 to 4 of this 2011 Act;

(c) Has submitted to the department the resolution and documents described in section 3 of this 2011 Act;

(d) Has adopted a provision of tribal law:

(A) That requires the tribal government to participate in, and be bound by, a deadly physical force plan approved under ORS 181.781 (Definitions for ORS 181.781 to 181.796) to 181.796 (Grants), to the same extent that the county sheriff is required to participate in, and be bound by, the plan;

(B) That requires the tribal government to retain records related to the exercise of the authority granted to authorized tribal police officers under sections 1 to 4 of this 2011 Act in a manner substantially similar to the manner in which the provisions of ORS 192.005 (Definitions for ORS 192.005 to 192.170) to 192.170 (Disposition of materials without authorization) require the Department of State Police to retain public records;

(C) That provides members of the public with the right to inspect records of the tribal government related to the exercise of the authority granted to authorized tribal police officers under sections 1 to 4 of this 2011 Act in a manner substantially similar to the manner in which the provisions of ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated) provide members of the public with the right to inspect public records of the Department of State Police;

(D) That requires the tribal government to preserve biological evidence in a manner substantially similar to sections 2 to 6, chapter 275, Oregon Laws 2011 [133.705 (Definitions for ORS 133.705 to 133.717) to 133.717 (Provision of notice or order to defendant)], when the biological evidence:

(i) Is collected as part of a criminal investigation, conducted by an authorized tribal police officer, into a covered offense as defined in section 2, chapter 275, Oregon Laws 2011 [133.705 (Definitions for ORS 133.705 to 133.717)]; or

(ii) Is otherwise in the possession of the tribal government and reasonably may be used to incriminate or exculpate any person for a covered offense as defined in section 2, chapter 275, Oregon Laws 2011; and

(E) That waives sovereign immunity, in a manner similar to the waiver expressed in ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive), as to tort claims asserted in the tribal governments court that arise from the conduct of an authorized tribal police officer. The waiver described in this subparagraph:

(i) Must apply to the conduct of an authorized tribal police officer that occurs while the provision of tribal law is in effect;

(ii) Must allow for recovery against the tribal government in an amount equal to or greater than the amounts described in ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) that are applicable to a local public body;

(iii) May require that the claim be asserted in accordance with any applicable tort claims procedures of the tribal government; and

(iv) May exclude claims that could be brought in federal court under the Federal Tort Claims Act; and

(e) Has adopted or is exempt from adopting, in accordance with this paragraph, a written pretrial discovery policy that describes how a tribal government and its authorized tribal police officers will assist the district attorney, in criminal prosecutions conducted in state court in which an authorized tribal police officer arrested or cited the defendant, in meeting the pretrial discovery obligations imposed on the state by ORS 135.805 (Applicability) to 135.873 (Protective orders). The process for adopting, and determining whether a tribal government is exempt from adopting, a written pretrial discovery policy is as follows:

(A) A tribal government may request in writing that the sheriff of a county with land that is contiguous to the land of the tribal government provide the tribal government with a copy of any written pretrial discovery policy adopted by the sheriff that describes how the sheriffs office assists the district attorney in meeting the pretrial discovery obligations imposed by ORS 135.805 (Applicability) to 135.873 (Protective orders). Not later than 30 days after receiving the request, the sheriff shall provide the tribal government with a copy of the policy or notify the tribal government that the sheriff has not adopted the policy.

(B) If a tribal government fails to submit a written request to each sheriff of a county that is contiguous to the land of the tribal government or if each sheriff has adopted a written pretrial discovery policy described in subparagraph (A) of this paragraph, the tribal government shall, not later than 90 days after the effective date of this 2011 Act [July 22, 2011], adopt a written pretrial discovery policy.

(C) A tribal government may create and adopt a written pretrial discovery policy or may adopt the written pretrial discovery policy adopted by the sheriff of a county with land that is contiguous to the land of the tribal government.

(D) If the sheriff of any county with land that is contiguous to the land of the tribal government has not, on the date the sheriff receives a request described in subparagraph (A) of this paragraph, adopted a written pretrial discovery policy, the tribal government is exempt from adopting a written pretrial discovery policy. [2011 c.644 §2]

Sec. 3. (1) The Legislative Assembly finds and declares that the purpose of sections 1 to 4 of this 2011 Act is to provide authorized tribal police officers with a limited ability to exercise the powers of, and to receive the same authority and protections provided to, law enforcement officers under the laws of this state, without incurring any additional costs or loss of revenue to the State of Oregon or a political subdivision of the State of Oregon.

(2) Notwithstanding section 2 of this 2011 Act, a tribal police officer may not act as an authorized tribal police officer outside of Indian country, unless the officer:

(a) Is investigating an offense alleged to have been committed within Indian country;

(b) Leaves Indian country in fresh pursuit as defined in ORS 133.420 (Definitions for ORS 133.410 to 133.440);

(c) Is acting in response to an offense committed in the officers presence; or

(d) Has received the express approval of a law enforcement agency having jurisdiction over the geographic area in which the tribal police officer is acting.

(3) When an authorized tribal police officer issues a citation for the commission of an offense for which the State of Oregon has jurisdiction and the tribal government employing the officer does not have jurisdiction, the citation must:

(a) Summon the person cited to appear in the circuit court of the county in which the offense was committed; and

(b) Be submitted to the district attorney of the county in which the offense was committed.

(4) A tribal government that employs tribal police officers may submit to the Department of Public Safety Standards and Training a resolution declaring that the tribal government is self-insured or has purchased and maintains in force:

(a) Public liability and property damage insurance for vehicles operated by authorized tribal police officers; and

(b) Police professional liability insurance from a company licensed to sell insurance in this state.

(5) The tribal government shall attach the following documents to the resolution submitted to the department under subsection (4) of this section:

(a) A declaration that the tribal government has complied with the requirements of sections 1 to 4 of this 2011 Act; and

(b)(A) A full copy of the public liability and property damage insurance policy for vehicles operated by the tribal governments authorized tribal police officers and a full copy of the police professional liability insurance policy from a company licensed to sell insurance in this state; or

(B) A description of the tribal governments self-insurance program.

(6) A self-insurance program or insurance policy described in subsections (4) and (5) of this section must provide:

(a) That the self-insurance program or insurance policy is available to satisfy settlements and judgments arising from the tortious conduct of authorized tribal police officers in an amount equal to or greater than the amounts described in ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) that are applicable to a local public body; and

(b) That the tribal government and the insurance carrier will not raise the defense of sovereign immunity for claims that are asserted in the tribal governments court and involve the tortious conduct of an authorized tribal police officer, provided that the claims:

(A) Are asserted in accordance with any applicable tort claims procedures of the tribal government; and

(B) Could not be brought in federal court under the Federal Tort Claims Act.

(7) If, after submitting the resolution and documents described in subsections (4) and (5) of this section, there is a material change in the tribal governments self-insurance program or insurance policy, the tribal government shall file with the department a written description of the change within 30 days of the effective date of the change.

(8) The department shall maintain a file of submissions made by tribal governments under this section. The department shall permit inspection and copying of the submissions in accordance with ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated).

(9) For purposes of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive), an authorized tribal police officer is not an officer, employee or agent of the State of Oregon or of any other public body as defined in ORS 174.109 (Public body defined). A public body or an officer, employee or agent of a public body is not liable for certifying a tribal police officer under ORS 181.610 (Definitions for ORS 181.610 to 181.712) to 181.712 (Child abuse and domestic violence training), for accepting for filing the resolution and documents described in subsections (4) and (5) of this section or for the acts or omissions of an authorized tribal police officer.

(10) Nothing in sections 1 to 4 of this 2011 Act:

(a) Affects the authority of a county sheriff to appoint duly commissioned police officers as deputy sheriffs authorized to enforce the criminal and traffic laws of the State of Oregon;

(b) Affects the existing status and sovereignty of tribal governments whose traditional lands and territories lie within the borders of the State of Oregon as established under the laws of the United States; or

(c) Authorizes a tribal government to receive funds from, or in lieu of, the State of Oregon or a political subdivision of the State of Oregon.

(11) A tribal government or tribal police department is not a seizing agency for purposes of ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Records and reports) or ORS chapter 131A.

(12) The department may adopt rules to carry out the provisions of sections 1 to 4 of this 2011 Act and shall require tribal governments that employ authorized tribal police officers to reimburse the department for any costs incurred in carrying out the provisions of sections 1 to 4 of this 2011 Act. [2011 c.644 §3]

Note: The amendments to section 3, chapter 644, Oregon Laws 2011, by section 6, chapter 644, Oregon Laws 2011, become operative July 1, 2013. See section 8, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2013, is set forth for the users convenience.

Sec. 3. (1) The Legislative Assembly finds and declares that the purpose of sections 1 to 4 of this 2011 Act is to provide authorized tribal police officers with the ability to exercise the powers of, and to receive the same authority and protections provided to, law enforcement officers under the laws of this state, without incurring any additional costs or loss of revenue to the State of Oregon or a political subdivision of the State of Oregon.

(2) When an authorized tribal police officer issues a citation for the commission of an offense for which the State of Oregon has jurisdiction and the tribal government employing the officer does not have jurisdiction, the citation must:

(a) Summon the person cited to appear in the circuit court of the county in which the offense was committed; and

(b) Be submitted to the district attorney of the county in which the offense was committed.

(3) A tribal government that employs tribal police officers may submit to the Department of Public Safety Standards and Training a resolution declaring that the tribal government is self-insured or has purchased and maintains in force:

(a) Public liability and property damage insurance for vehicles operated by authorized tribal police officers; and

(b) Police professional liability insurance from a company licensed to sell insurance in this state.

(4) The tribal government shall attach the following documents to the resolution submitted to the department under subsection (3) of this section:

(a) A declaration that the tribal government has complied with the requirements of sections 1 to 4 of this 2011 Act; and

(b)(A) A full copy of the public liability and property damage insurance policy for vehicles operated by the tribal governments authorized tribal police officers and a full copy of the police professional liability insurance policy from a company licensed to sell insurance in this state; or

(B) A description of the tribal governments self-insurance program.

(5) A self-insurance program or insurance policy described in subsections (3) and (4) of this section must provide:

(a) That the self-insurance program or insurance policy is available to satisfy settlements and judgments arising from the tortious conduct of authorized tribal police officers in an amount equal to or greater than the amounts described in ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) that are applicable to a local public body; and

(b) That the tribal government and the insurance carrier will not raise the defense of sovereign immunity for claims that are asserted in the tribal governments court and involve the tortious conduct of an authorized tribal police officer, provided that the claims:

(A) Are asserted in accordance with any applicable tort claims procedures of the tribal government; and

(B) Could not be brought in federal court under the Federal Tort Claims Act.

(6) If, after submitting the resolution and documents described in subsections (3) and (4) of this section, there is a material change in the tribal governments self-insurance program or insurance policy, the tribal government shall file with the department a written description of the change within 30 days of the effective date of the change.

(7) The department shall maintain a file of submissions made by tribal governments under this section. The department shall permit inspection and copying of the submissions in accordance with ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated).

(8) For purposes of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive), an authorized tribal police officer is not an officer, employee or agent of the State of Oregon or of any other public body as defined in ORS 174.109 (Public body defined). A public body or an officer, employee or agent of a public body is not liable for certifying a tribal police officer under ORS 181.610 (Definitions for ORS 181.610 to 181.712) to 181.712 (Child abuse and domestic violence training), for accepting for filing the resolution and documents described in subsections (3) and (4) of this section or for the acts or omissions of an authorized tribal police officer.

(9) Nothing in sections 1 to 4 of this 2011 Act:

(a) Affects the authority of a county sheriff to appoint duly commissioned police officers as deputy sheriffs authorized to enforce the criminal and traffic laws of the State of Oregon;

(b) Affects the existing status and sovereignty of tribal governments whose traditional lands and territories lie within the borders of the State of Oregon as established under the laws of the United States; or

(c) Authorizes a tribal government to receive funds from, or in lieu of, the State of Oregon or a political subdivision of the State of Oregon.

(10) A tribal government or tribal police department is not a seizing agency for purposes of ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Records and reports) or ORS chapter 131A.

(11) The department may adopt rules to carry out the provisions of sections 1 to 4 of this 2011 Act and shall require tribal governments that employ authorized tribal police officers to reimburse the department for any costs incurred in carrying out the provisions of sections 1 to 4 of this 2011 Act.

Sec. 4. (1) Not later than 90 days after the effective date of this 2011 Act [July 22, 2011], the Superintendent of State Police, the sheriff of any county with land that is contiguous to the land of a tribal government, or the chief executive officer of any other local law enforcement unit whose political boundaries are contiguous to the land of a tribal government, may submit a written application requesting that the tribal government authorize nontribal police officers employed by the applicant to exercise all or a portion of the powers of a tribal police officer while on tribal land. The application shall be addressed to the tribal government and shall propose terms and conditions under which the nontribal police officers employed by the applicant would be eligible to exercise all or a portion of the powers of a tribal police officer while on tribal lands. The application:

(a) Must name each proposed nontribal police officer employed by the applicant;

(b) Must describe how the nontribal police officers employed by the applicant will comply with requirements established by the tribal government that are substantially similar to the requirements necessary for a tribal police officer to act as an authorized tribal police officer under sections 1 to 4 of this 2011 Act;

(c) Must describe how the political entity that employs the nontribal police officers will comply with requirements established by the tribal government that are substantially similar to the requirements necessary for a tribal government to employ authorized tribal police officers under sections 1 to 4 of this 2011 Act;

(d) May propose that the tribal government authorize nontribal police officers employed by the applicant to enforce state or tribal law while on tribal lands;

(e) May propose that the tribal government adopt provisions of state criminal law into the tribal code; and

(f) Must indicate that the nontribal police officers employed by the applicant will complete, before exercising all or a portion of the powers of a tribal police officer while on tribal land, any training and educational prerequisites specified by the tribal government, including instruction in the tribal governments history, culture, sovereign authority, tribal code and court procedures.

(2) When a citation for the commission of a tribal offense is issued by a nontribal police officer employed by an applicant and authorized by a tribal government to exercise all or a portion of the powers of a tribal police officer as to tribal members suspected of committing violations of tribal law while on tribal land, the citation must:

(a) Summon the person cited to appear in the tribal court of the tribal government on whose lands the offense was committed; and

(b) Be submitted to the prosecutor of the tribal government on whose lands the tribal offense was committed.

(3)(a) A tribal government may adopt a provision of tribal law providing that, for purposes of the Tort Claims Act of the tribal government, a nontribal police officer employed by an applicant and authorized by a tribal government to exercise all or a portion of the powers of a tribal police officer while on tribal land is not an officer, employee or agent of the tribal government.

(b) Unless the law of the tribal government provides otherwise, a tribal government is not liable for authorizing a nontribal police officer employed by an applicant to exercise all or a portion of the powers of a tribal police officer while on tribal land or for the acts or omissions of a nontribal police officer authorized under this section.

(4) Nothing in this section:

(a) Affects the authority of the tribal government to appoint any person as a tribal police officer for any purpose;

(b) Affects the existing status and sovereignty of the State of Oregon or the tribal government; or

(c) Authorizes the State of Oregon or any of its political subdivisions to receive funds from, or in lieu of, a tribal government.

(5) A tribal government that authorizes a nontribal police officer employed by an applicant to exercise all or a portion of the powers of a tribal police officer while on tribal land may require the applicant to reimburse the tribal government for any costs incurred in carrying out the provisions of this section.

(6)(a) A tribal government that employs, or seeks to employ, authorized tribal police officers under sections 1 to 4 of this 2011 Act, no later than 90 days after receiving an application under subsection (1) of this section, or within such additional time as the tribal government determines is appropriate, shall accept, accept with modifications or reject an application filed under this section.

(b) Before acting on an application, a tribal government that employs, or seeks to employ, authorized tribal police officers shall engage in good faith consultation with the applicant concerning the terms and conditions of the proposed authorization of nontribal police officers.

(7)(a) If the tribal government rejects the application, or accepts the application with modifications that are rejected by the applicant:

(A) The applicant and a tribal government that employs, or seeks to employ, authorized tribal police officers shall, from the date of rejection until June 1, 2012, collect individualized data on the frequency of instances known to the applicant or the tribal government in which nontribal police officers employed by the applicant encountered, but were forced to release without further action due to a lack of legal authority, persons suspected of committing violations of the law while on tribal lands;

(B) The applicant shall promptly report any such instance to the tribal government and the tribal government shall promptly report any such instance to the applicant;

(C) The applicant and tribal government shall classify the suspected offenses according to their potential to endanger public safety; and

(D) The tribal government and applicant shall engage in good faith consultation concerning the collection and classification of data; and

(b) No later than September 1, 2013, the tribal government shall report to the Legislative Assembly, in the manner provided in ORS 192.245 (Form of report to legislature), on the data collected under paragraph (a) of this subsection. The tribal government and the applicant shall engage in good faith consultation concerning the contents of the report. [2011 c.644 §4]

Sec. 58. (1) Sections 1 to 4 of this 2011 Act are repealed on July 1, 2015.

(2) The amendments to ORS 40.275 (Rule 510. Identity of informer), 90.440 (Termination of tenancy in group recovery home), 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450), 133.525 (Definitions for ORS 133.525 to 133.703), 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739), 133.726 (Interception of oral communication without order), 136.595 (How subpoena is served), 147.425 (Personal representative), 153.005 (Definitions), 161.015 (General definitions), 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750), 165.535 (Definitions applicable to obtaining contents of communications), 181.010 (Definitions for ORS 181.010 to 181.560 and 181.715 to 181.730), 181.610 (Definitions for ORS 181.610 to 181.712), 181.781 (Definitions for ORS 181.781 to 181.796), 181.783 (Planning authority), 181.796 (Grants), 348.270 (Scholarships for children of public safety officers and former foster children), 414.805 (Liability of individual for medical services received while in custody of law enforcement officer), 419B.902 (Service of subpoena), 420.905 (Definitions for ORS 420.905 to 420.915), 801.395 (Police officer), 811.720 (When accident must be reported to Department of Transportation) and 830.005 (Definitions for chapter) by sections 37 to 57 and 69 to 75 of this 2011 Act become operative on July 1, 2015.

(3) The repeal of sections 1 to 4 of this 2011 Act by subsection (1) of this section and the amendments to ORS 40.275 (Rule 510. Identity of informer), 90.440 (Termination of tenancy in group recovery home), 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450), 133.525 (Definitions for ORS 133.525 to 133.703), 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739), 133.726 (Interception of oral communication without order), 136.595 (How subpoena is served), 147.425 (Personal representative), 153.005 (Definitions), 161.015 (General definitions), 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750), 165.535 (Definitions applicable to obtaining contents of communications), 181.010 (Definitions for ORS 181.010 to 181.560 and 181.715 to 181.730), 181.610 (Definitions for ORS 181.610 to 181.712), 181.781 (Definitions for ORS 181.781 to 181.796), 181.783 (Planning authority), 181.796 (Grants), 348.270 (Scholarships for children of public safety officers and former foster children), 414.805 (Liability of individual for medical services received while in custody of law enforcement officer), 419B.902 (Service of subpoena), 420.905 (Definitions for ORS 420.905 to 420.915), 801.395 (Police officer), 811.720 (When accident must be reported to Department of Transportation) and 830.005 (Definitions for chapter) by sections 37 to 57 and 69 to 75 of this 2011 Act:

(a) Return the law applicable to tribal police officers to the state in which the law existed on the date immediately before the effective date of this 2011 Act [July 22, 2011]; and

(b) Do not deprive tribal police officers of any power, authority or protection provided to tribal police officers by law on the date immediately before the effective date of this 2011 Act. [2011 c.644 §58; 2011 c.644 §77]