The following are pending legislative bills in the State Legislature(s) that have a direct effect on Public Safety Telecommunicators. They are presented here in summary form:

Sponsored by Representative CORCORAN (at the request of Barry Howarth)

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced.

Classifies certified telecommunicators and emergency medical dispatchers as police officers for purposes of benefits under Public Employes' Retirement System. Applies only to service rendered on or after effective date of Act.

A BILL FOR AN ACT Relating to public employee retirement; creating new provisions; and amending ORS 238.005. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 238.005 is amended to read: 238.005. For purposes of this chapter:

(1) The term 'annuity' means payments for life derived from contributions made by a member as provided in this chapter.

(2) The term 'calendar year' means 12 calendar months commencing on January 1 and ending on December 31 following.

(3) The term '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 Employes' 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 Employes' Retirement System.

(4) The term 'creditable service' means any period of time during which an active member is being paid a salary by a participating public employer and contributions are being made to the system either by or on behalf of the member. 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.

(5) The term 'employee' includes, in addition to employees, public officers, but does not include:

(a) Persons engaged as independent contractors.

(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 the Emergency Job and Unemployment Assistance Act of 1974 (Public Law 93-567) or any other 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.

(6) The term 'fiscal year' means 12 calendar months commencing on July 1 and ending on June 30 following.

(7)

(a) The term '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.

(b) 'Active member' means a member who is presently employed by a participating public employer in a position that meets the requirements of ORS 238.015 (4), and who has completed the six-month period of service required by ORS 238.015.

(c) 'Inactive member' means a member who is absent from the service of all employers participating in the system, whose membership has not been terminated in the manner described by ORS 238.095, and who is not retired for service or disability. ' Inactive member' includes a member who would be an active member except that the person's only employment with a participating public employer is in a position that does not meet the requirements of ORS 238.015 (4).

(d) 'Retired member' means a member who is retired for service or disability.

(8) The term 'pension' means annual payments for life derived from contributions by one or more public employers.

(9) The term 'public employer' means the state, one of its agencies, any city, county, municipal or public corporation, any political subdivision of the state or any instrumentality thereof, or an agency created by two or more such political subdivisions to provide themselves governmental services. For purposes of this chapter, such agency created by two or more political subdivisions is a governmental instrumentality and a legal entity with power to enter into contracts, hold property and sue and be sued.

(10) The term 'retirement credit' means a period of time that is treated as creditable service for the purposes of this chapter.

(11)

(a) The term '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 Employes' 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; and

(C) Retroactive payments made to an employee to correct a clerical error or pursuant to an award by a court or by order of or a conciliation agreement with an administration agency charged with enforcing federal or state law protecting the employee's rights to employment or wages, which shall be allocated to and deemed paid in the periods in which the work was done or in which it would have been done.

(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; or

(H) Payments for instructional services rendered to institutions of the Department of Higher Education or the Oregon Health Sciences 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.

(12) The term 'volunteer firefighter' means a firefighter whose position normally requires less than 600 hours of service per year.

(13) The term 'school year' means the period beginning July 1 and ending June 30 next following.

(14) The term 'police officer' includes:

(a) Employees of institutions defined in ORS 421.005 as Department of Corrections institutions, whose duties, as assigned by the director, include the custody of persons committed to the custody of or transferred to the Department of Corrections and any other employee of the Department of Corrections who was classified as a police officer 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 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) Parole and probation officers employed by the Department of Corrections and parole and probation officers who are transferred to county employment under ORS 423.550.

(g) Police officers appointed under ORS 276.021 or 276.023.

(h) Employees of the Port of Portland who are classified as airport police by the Board of Commissioners of the Port of Portland.

(i) Employees of the State Department of Agriculture who are classified as livestock police officers by the Director of Agriculture.

(j) Employees of the Board on Public Safety Standards and Training who are classified by the board as other than secretarial or clerical personnel.

(k) Investigators of the Criminal Justice Division of the Department of Justice.

(L) Corrections officers as defined in ORS 181.610.

(m) 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.

(n) The Director of the Department of Corrections.

(o) 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 as being eligible for police officer status.

(p) 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, so 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 will not affect police officer status.

(q) 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.

(r) Employees at the MacLaren School for Boys, Hillcrest School of Oregon and other 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 Children's Services Division.

(s) 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.

(t) Employees of the Children's Services Division of the Department of Human Resources who are classified as juvenile parole and probation officers.

{ + (u) Any person employed as a telecommunicator or emergency medical dispatcher who is required to be certified under ORS 181.644. + }

(15) The term 'final average salary' means whichever of the following is greater:

(a) The average salary per calendar year paid by a public employer 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; or if the number of calendar years of active membership before the effective date of retirement of the employee is three or less, in all of those years.

(b) One-third of the total salary paid by a 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.

(16) The term 'firefighter' does not include a volunteer firefighter as defined in subsection (12) of this section, but does include the State Fire Marshal, the chief deputy fire marshal and deputy state fire marshals.

(17) '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.

(18) The term '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. SECTION 2. { + The amendments to ORS 238.005 by section 1 of this Act entitle an employee to creditable service in the Public Employes' Retirement System as a police officer only for service performed on or after the effective date of this Act. + } ----------

Sponsored by COMMITTEE ON GENERAL GOVERNMENT (at the request of Oregon AFSCME)

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced.

Classifies certified telecommunicators as police officers for purposes of benefits under Public Employes' Retirement System. Applies only to service rendered on or after effective date of Act.

A BILL FOR AN ACT Relating to public employee retirement; creating new provisions; and amending ORS 238.005. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 238.005 is amended to read: 238.005. For purposes of this chapter:

(1) The term 'annuity' means payments for life derived from contributions made by a member as provided in this chapter.

(2) The term 'calendar year' means 12 calendar months commencing on January 1 and ending on December 31 following.

(3) The term '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 Employes' 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 Employes' Retirement System.

(4) The term 'creditable service' means any period of time during which an active member is being paid a salary by a participating public employer and contributions are being made to the system either by or on behalf of the member. 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.

(5) The term 'employee' includes, in addition to employees, public officers, but does not include:

(a) Persons engaged as independent contractors.

(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 the Emergency Job and Unemployment Assistance Act of 1974 (Public Law 93-567) or any other 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.

(6) The term 'fiscal year' means 12 calendar months commencing on July 1 and ending on June 30 following.

(7)

(a) The term '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.

(b) 'Active member' means a member who is presently employed by a participating public employer in a position that meets the requirements of ORS 238.015 (4), and who has completed the six-month period of service required by ORS 238.015.

(c) 'Inactive member' means a member who is absent from the service of all employers participating in the system, whose membership has not been terminated in the manner described by ORS 238.095, and who is not retired for service or disability. ' Inactive member' includes a member who would be an active member except that the person's only employment with a participating public employer is in a position that does not meet the requirements of ORS 238.015 (4).

(d) 'Retired member' means a member who is retired for service or disability. (8) The term 'pension' means annual payments for life derived from contributions by one or more public employers.

(9) The term 'public employer' means the state, one of its agencies, any city, county, municipal or public corporation, any political subdivision of the state or any instrumentality thereof, or an agency created by two or more such political subdivisions to provide themselves governmental services. For purposes of this chapter, such agency created by two or more political subdivisions is a governmental instrumentality and a legal entity with power to enter into contracts, hold property and sue and be sued.

(10) The term 'retirement credit' means a period of time that is treated as creditable service for the purposes of this chapter.

(11)

(a) The term '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 Employes' 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; and

(C) Retroactive payments made to an employee to correct a clerical error or pursuant to an award by a court or by order of or a conciliation agreement with an administration agency charged with enforcing federal or state law protecting the employee's rights to employment or wages, which shall be allocated to and deemed paid in the periods in which the work was done or in which it would have been done.

(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; or

(H) Payments for instructional services rendered to institutions of the Department of Higher Education or the Oregon      Health Sciences University when such services are in excess of full-time employment subject to this chapter. A      which the contract pertains.

(12) The term 'volunteer firefighter' means a firefighter whose position normally requires less than 600 hours of service per year.

(13) The term 'school year' means the period beginning July 1 and ending June 30 next following.

(14) The term 'police officer' includes:

(a) Employees of institutions defined in ORS 421.005 as Department of Corrections institutions, whose duties, as assigned by the director, include the custody of persons committed to the custody of or transferred to the Department of Corrections and any other employee of the Department of Corrections who was classified as a police officer 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 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) Parole and probation officers employed by the Department of Corrections and parole and probation officers who are   transferred to county employment under ORS 423.550.

(g) Police officers appointed under ORS 276.021 or 276.023.

(h) Employees of the Port of Portland who are classified as airport police by the Board of Commissioners of the Port of Portland.

(i) Employees of the State Department of Agriculture who are classified as livestock police officers by the Director of  Agriculture.

(j) Employees of the Board on Public Safety Standards and Training who are classified by the board as other than secretarial or clerical personnel.

(k) Investigators of the Criminal Justice Division of the Department of Justice.

(L) Corrections officers as defined in ORS 181.610.

(m) 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.

(n) The Director of the Department of Corrections.

(o) 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 as being eligible for police officer status.

(p) 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, so 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 will not affect police officer status.

(q) 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.

(r) Employees at the MacLaren School for Boys, Hillcrest School of Oregon and other 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 Children's Services Division.

(s) 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.

(t) Employees of the Children's Services Division of the Department of Human Resources who are classified as juvenile   parole and probation officers.

{ + (u) Any person employed by a participating public employer as a telecommunicator as defined in ORS 181.610 who is required to be certified under ORS 181.644. + }

(15) The term 'final average salary' means whichever of the following is greater:

(a) The average salary per calendar year paid by a public employer 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; or if the number of calendar years of active membership before the effective date of retirement of the employee is three or less, in all of those years.

(b) One-third of the total salary paid by a 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.

(16) The term 'firefighter' does not include a volunteer firefighter as defined in subsection (12) of this section, but does include the State Fire Marshal, the chief deputy fire marshal and deputy state fire marshals.

(17) '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.

(18) The term '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.

SECTION 2. { + The amendments to ORS 238.005 by section 1 of this Act entitle an employee to creditable service in the Public Employes' Retirement System as a police officer only for service performed on or after the effective date of this Act. + } ----------

Confidentiality: Restricting Public Access to 9-1-1 Voice Recordings and Data Base Information

CHAPTER 184

96-H 8293A am

Approved Aug. 5, 1996.

AN ACT RELATING TO 911 EMERGENCY TELEPHONE NUMBER ACT

It is enacted by the General Assembly as follows:

SECTION 1. Section 39-21.1-4 of the General Laws in Chapter 39-21.1 entitled "911 Emergency Telephone Number Act" is hereby amended to read as follows:

39-21.1-4. Confidentiality. -- Automatic number identification and automatic location identification information that consists of the name, address, and telephone numbers of telephone subscribers whose listings are not published in directories or listed in directory assistance offices and that is provided to the Public Safety Answering Point (PSAP) shall be confidential. {ADD Dissemination of the information contained in the 911 automatic number and automatic location data base is prohibited except for the following purposes: ADD}

{ADD (a) ADD} The information will be provided to the {ADD Public Safety Answering Point ADD} {ADD ( ADD} PSAP{ADD ) ADD} on a call-by-call basis only for the purpose of handling emergency calls, {ADD or for training ADD} and any permanent record of the information shall be secured by the public safety answering points and disposed of in a manner which will retain that security except as otherwise required by applicable law.

{ADD (b) All telephone calls and telephone call transmissions received pursuant to this chapter and all tapes containing records of telephone calls shall remain confidential and used only for the purpose of handling emergency calls and for public safety purposes as may be needed for law enforcement, fire, medical, rescue or other emergency services. Such calls shall not be released to any other parties without the written consent of the person whose voice is recorded, or upon order of the court. ADD}

SECTION 2. This act shall take effect upon passage.

AN ACT RELATING TO 911 EMERGENCY TELEPHONE CALLS

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 39-21.1 of the General Laws entitled "911 Emergency Telephone Number Act" is hereby amended by adding thereto the following section:

{ADD 39-21.1-17. Confidentiality of calls. -- ADD} {ADD All telephone calls and telephone call transmissions received pursuant to this chapter and all tapes containing records of telephone calls shall remain confidential and used only for the purpose of handling emergency calls and for public safety purposes as may be needed for law enforcement, fire, medical, rescue or other emergency services. Such calls shall not be released to any other parties without the written consent of the caller whose voice is recorded, or upon order of the court. ADD}

SECTION 2. This act shall take effect upon passage.