ORS 181A.944 Legislative purpose; requirements for citation issued outside tribal jurisdiction; tribal government insurance; tribal police officer not officer, employee or agent of state; tribal government not seizing agency; rules

The Legislative Assembly finds and declares that the purpose of ORS 181A.940 to 181A.946 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.

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:

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

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

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:

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

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

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

A declaration that the tribal government has complied with the requirements of ORS 181A.940 to 181A.946; and

A full copy of the public liability and property damage insurance policy for vehicles operated by the tribal government’s 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

A description of the tribal government’s self-insurance program.

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

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 to 30.300 that are applicable to a local public body; and

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

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

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

If, after submitting the resolution and documents described in subsections (3) and (4) of this section, there is a material change in the tribal government’s 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.

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 192.311 to 192.478.

For purposes of ORS 30.260 to 30.300, 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. A public body or an officer, employee or agent of a public body is not liable for certifying a tribal police officer under ORS 181A.355 to 181A.689, 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.

Nothing in ORS 181A.940 to 181A.946:

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;

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

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.

A tribal government or tribal police department is not a seizing agency for purposes of ORS 131.550 to 131.600 or ORS chapter 131A.

The department may adopt rules to carry out the provisions of ORS 181A.940 to 181A.946 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 ORS 181A.940 to 181A.946.