77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 277
House Bill 2058
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on General
Government and Consumer Protection)
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.
Prohibits person convicted of certain crimes from owning, being
employed by or providing services at animal grooming parlor or
boarding kennel for specified period following conviction. Makes
violation punishable by maximum of 30 days' imprisonment, $1,250
fine, or both. Makes second or subsequent violation punishable by
maximum of one year's imprisonment, $6,250 fine, or both.
Prohibits owner of grooming parlor or boarding kennel from
hiring person owner knows is prohibited from working at grooming
parlor or boarding kennel due to conviction for certain crimes.
Prohibits owner of grooming parlor or boarding kennel from
allowing provision of services at grooming parlor or boarding
kennel by person owner knows is prohibited from providing
services at grooming parlor or boarding kennel due to conviction
for certain crimes. Makes violation punishable by maximum of six
months' imprisonment, $2,500 fine, or both.
Requires owner of grooming parlor or boarding kennel to request
criminal offender information from Department of State Police
before hiring individual to work at grooming parlor or boarding
kennel or allowing individual to provide services at grooming
parlor or boarding kennel. Subject to exception, makes failure to
comply punishable by maximum of $2,500 fine. Makes first failure
to comply punishable by maximum of $250 fine if owner posted
informational notice.
Imposes care requirements, other health-related requirements
and recordkeeping requirements on owner of boarding kennel. Makes
violation punishable by maximum of $10,000 fine.
Replaces term 'owner' with 'keeper' for purposes of certain
statutes establishing crimes involving animals. Defines ' keeper.
'
A BILL FOR AN ACT
Relating to animals; creating new provisions; and amending ORS
167.310, 167.312, 167.335, 167.345, 167.348 and 167.350 and
section 1, chapter 67, Oregon Laws 2012.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this section and sections 2 to 4 of
this 2013 Act:
(1) 'Boarding kennel' means a commercial establishment engaged
in the business of providing food, shelter and other basic needs
to domestic animals that stay at the facility an average of less
than 30 days, but does not include a veterinary facility.
(2) 'Domestic animal' has the meaning given that term in ORS
167.310.
(3) 'Grooming parlor' means a commercial establishment engaged
in the business of bathing, clipping or providing pedicures for
domestic animals, but does not include a veterinary facility. + }
SECTION 2. { + (1) In addition to any other penalty imposed by
law, a person convicted of violating ORS 163.200, 163.212,
163.415, 163.545, 167.315, 167.325, 167.330, 167.333, 167.340 or
167.355 or of a misdemeanor under ORS 163.160, 163.187 or 167.320
may not, for five years following entry of the conviction:
(a) Own or be employed by a grooming parlor or boarding kennel;
or
(b) Provide services for domestic animals at or for a grooming
parlor or boarding kennel as an independent contractor.
(2) In addition to any other penalty imposed by law, a person
convicted of violating ORS 163.115, 163.118, 163.125, 163.165,
163.175, 163.185, 163.205, 163.208, 163.213, 163.225, 163.235,
163.264, 163.275, 163.375, 163.405, 163.411, 163.425, 163.427,
163.535, 163.547, 167.322, 167.365 or 167.428 or of a felony
under ORS 163.160, 163.187 or 167.320 may not, for 15 years
following entry of the conviction:
(a) Own or be employed by a grooming parlor or boarding kennel;
or
(b) Provide services for domestic animals at or for a grooming
parlor or boarding kennel as an independent contractor.
(3) Violation of this section is a Class C misdemeanor for a
first offense and a Class A misdemeanor for a second or
subsequent offense. + }
SECTION 3. { + (1)(a) An owner of a grooming parlor or
boarding kennel may not hire a person whom the owner knows to be
subject to section 2 of this 2013 Act as an employee of the
grooming parlor or boarding kennel.
(b) An owner of a grooming parlor or boarding kennel may not
allow a person whom the owner knows to be subject to section 2 of
this 2013 Act to provide services for domestic animals at or for
the grooming parlor or boarding kennel as an independent
contractor.
(2) Violation of this section is a Class B misdemeanor. + }
SECTION 4. { + (1) An owner of a grooming parlor or boarding
kennel shall file a request with the Department of State Police
under ORS 181.560 for criminal offender information regarding an
individual before the owner:
(a) Employs the individual at the grooming parlor or boarding
kennel; or
(b) Allows the individual to provide services for domestic
animals at or for the grooming parlor or boarding kennel as an
independent contractor.
(2) Except as provided in subsection (3) of this section,
failure to comply with subsection (1) of this section is a
specific fine violation punishable by a fine of not more than
$2,500.
(3) A first failure to comply with subsection (1) of this
section is a Class D violation if the owner affirmatively
establishes that prior to employing or allowing services to be
provided by the individual the owner posted at the grooming
parlor or boarding kennel in good faith a notice identifying a
website for accessing reliable information about the laws of this
state pertaining to the grooming parlor and boarding kennel
industries. For purposes of this subsection, posting a notice in
compliance with form, content and location standards developed by
a humane society employing special agents authorized under ORS
131.805 or humane special agents commissioned under section 1,
chapter 67, Oregon Laws 2012, is prima facie evidence of good
faith and reliable information. + }
SECTION 5. { + (1) As used in this section:
(a) 'Boarding kennel' means a commercial establishment engaged
in the business of providing food, shelter and other basic needs
to domestic animals that stay at the facility an average of less
than 30 days, but does not include a veterinary facility.
(b) 'Domestic animal' has the meaning given that term in ORS
167.310.
(2) The owner of a boarding kennel shall:
(a) Require a person to provide health history information for
a domestic animal before placing the animal in the custody of the
boarding kennel.
(b) Request the person placing the domestic animal in the
custody of the boarding kennel to provide contact information for
any veterinarian who usually provides veterinary care for the
animal.
(c) Ensure that the physical condition of each domestic animal
in the custody of the boarding kennel is checked and recorded
daily.
(d) Ensure that minimum care as defined in ORS 167.310 is
provided for each domestic animal in the custody of the boarding
kennel.
(e) Arrange with a veterinarian for veterinary care to be
available for domestic animals that are placed in the custody of
the boarding kennel. This paragraph does not require the owner of
a boarding kennel to limit veterinary care to a particular
veterinarian.
(f) Send notice to a humane society that employs special agents
authorized under ORS 131.805 or humane special agents
commissioned under section 1, chapter 67, Oregon Laws 2012, no
later than 10 days after a domestic animal in the custody of the
boarding kennel dies or suffers an injury or illness that results
in treatment by a veterinarian.
(g) Ensure that any domestic animal transported by or on behalf
of the boarding kennel for the purpose of obtaining veterinary
care is placed in a carrier or is otherwise restrained in
movement.
(3) The owner of a boarding kennel shall maintain records at
the boarding kennel that, at a minimum, include information
necessary to demonstrate compliance with this section. The owner
shall retain records required by this subsection for a minimum of
two years following the date the domestic animal is returned to
the person that placed the animal in the custody of the boarding
kennel.
(4) Failure to comply with a provision of this section is a
specific fine violation punishable by a fine of not more than
$10,000. + }
SECTION 6. Section 1, chapter 67, Oregon Laws 2012, is amended
to read:
{ + Sec. 1. + } (1) At the request of a humane investigation
agency, the Superintendent of State Police shall commission a
designated employee of the humane investigation agency as a
humane special agent, if:
(a) The employee is certified, or is eligible for
certification, as a police officer under the provisions of ORS
181.610 to 181.712;
(b) The superintendent determines that the employee is fit and
qualified to perform the duties of a humane special agent;
(c) The humane investigation agency agrees in writing to save
harmless and indemnify the State of Oregon and its officers,
employees and agents from and against any tort claim or demand,
whether groundless or otherwise, arising out of an alleged act or
omission of the employee or the humane investigation agency, that
relates to or results from the authority granted by the
commission; and
(d) The humane investigation agency furnishes to the
superintendent a copy of an insurance policy, purchased and
maintained by the humane investigation agency, that the
superintendent determines is sufficient to satisfy any tort claim
or demand described in paragraph (c) of this subsection.
(2) Before granting a commission under this section, the
superintendent may require the employee to take and subscribe to
an oath of office to support the Constitution and laws of the
United States and of the State of Oregon, and to honestly and
faithfully perform the duties of a humane special agent.
(3) The superintendent shall suspend or revoke a commission
granted under this section if the superintendent determines that:
(a) The certification of the employee as a police officer has
lapsed or been revoked pursuant to ORS 181.661, 181.662 and
181.664 (1), and has not been reissued under ORS 181.664 (2);
(b) The employee has been separated from employment with the
humane investigation agency; or
(c) The employee has abused the commission.
(4) Except as otherwise provided in subsection (3) of this
section, an employee of a humane investigation agency
commissioned under this section holds the commission at the
pleasure of the superintendent. The superintendent may suspend or
revoke a commission granted under this section at any time for
good cause, as determined by the superintendent. If the
superintendent revokes a commission granted under this section,
the employee of the humane investigation agency is entitled only
to an informal opportunity to be heard by the superintendent, for
the purposes of explaining any factual circumstances related to
the revocation and attempting to persuade the superintendent to
reverse the decision to revoke the commission.
(5) Humane special agents commissioned under this section serve
at the expense of the humane investigation agency employing the
agent.
(6) The superintendent may adopt rules to carry out the
provisions of this section. The rules may include a description
of the circumstances in which a humane special agent is
prohibited from carrying a firearm while engaged in the
enforcement of animal welfare laws.
(7) As used in this section:
(a) 'Animal welfare laws' means:
(A) ORS 167.310 to 167.351, 167.352, 167.355, 167.360 to
167.372, 167.374, 167.376, 167.385, 167.388, 167.390 and 167.426
to 167.439 { + and sections 2 to 4 and 5 of this 2013 Act + };
and
(B) ORS 164.043, 164.045, 164.055, 164.057, 164.075, 164.345,
164.354 and 164.365, if the subject of the crime is an animal.
(b) 'Humane investigation agency' means a private, nonprofit
animal care agency that has maintained an animal welfare
investigation department for at least five years and has had
officers employed as special agents under ORS 131.805.
SECTION 7. ORS 167.310 is amended to read:
167.310. As used in ORS 167.310 to 167.351:
(1) 'Animal' means any nonhuman mammal, bird, reptile,
amphibian or fish.
(2) 'Domestic animal' means an animal, other than livestock or
equines, { - that is owned or possessed by a person - } { +
for which a person is a keeper + }.
(3) 'Equine' means a horse, pony, donkey, mule, hinny, zebra or
a hybrid of any of these animals.
(4) 'Good animal husbandry' includes, but is not limited to,
the dehorning of cattle, the docking of horses, sheep or swine,
and the castration or neutering of livestock, according to
accepted practices of veterinary medicine or animal husbandry.
{ + (5)(a) 'Keeper' means a person that owns or possesses an
animal.
(b) 'Keeper' does not include:
(A) A humane society or other nonprofit animal shelter;
(B) A facility impounding animals on behalf of a city or
county; or
(C) A veterinary facility. + }
{ - (5) - } { + (6) + } 'Law enforcement animal' means a
dog or horse used in law enforcement work under the control of a
corrections officer, parole and probation officer, police officer
or youth correction officer, as those terms are defined in ORS
181.610, who has successfully completed at least 360 hours of
training in the care and use of a law enforcement animal, or who
has passed the demonstration of minimum standards established by
the Oregon Police Canine Association or other accredited and
recognized animal handling organization.
{ - (6) - } { + (7) + } 'Livestock' has the meaning
provided in ORS 609.125.
{ - (7) - } { + (8) + } 'Minimum care' means care
sufficient to preserve the health and well-being of an animal
and, except for emergencies or circumstances beyond the
reasonable control of the { - owner - } { + keeper + },
includes, but is not limited to, the following requirements:
(a) Food of sufficient quantity and quality to allow for normal
growth or maintenance of body weight.
(b) Open or adequate access to potable water in sufficient
quantity to satisfy the animal's needs. Access to snow or ice is
not adequate access to potable water.
(c) For a domestic animal other than a dog engaged in herding
or protecting livestock, access to a barn, dog house or other
enclosed structure sufficient to protect the animal from wind,
rain, snow or sun and that has adequate bedding to protect
against cold and dampness.
(d) Veterinary care deemed necessary by a reasonably prudent
person to relieve distress from injury, neglect or disease.
(e) For a domestic animal, continuous access to an area:
(A) With adequate space for exercise necessary for the health
of the animal;
(B) With air temperature suitable for the animal; and
(C) Kept reasonably clean and free from excess waste or other
contaminants that could affect the animal's health.
(f) For a livestock animal that cannot walk or stand without
assistance:
(A) Humane euthanasia; or
(B) The provision of immediate and ongoing care to restore the
animal to an ambulatory state.
{ - (8) - } { + (9) + } 'Physical injury' means physical
trauma, impairment of physical condition or substantial pain.
{ - (9) - } { + (10) + } 'Physical trauma' means fractures,
cuts, punctures, bruises, burns or other wounds.
{ - (10) - } { + (11) + } 'Possess' has the meaning
provided in ORS 161.015.
{ - (11) - } { + (12) + } 'Serious physical injury' means
physical injury that creates a substantial risk of death or that
causes protracted disfigurement, protracted impairment of health
or protracted loss or impairment of the function of a limb or
bodily organ.
SECTION 8. ORS 167.312 is amended to read:
167.312. (1) A person commits the crime of research and animal
interference if the person:
(a) With the intent to interfere with research, releases,
steals or otherwise causes the death, injury or loss of any
animal at or from an animal research facility.
(b) With the intent to interfere with research, damages,
vandalizes or steals any property in or on an animal research
facility.
(c) With the intent to interfere with research, obtains access
to an animal research facility to perform acts not authorized by
that facility.
(d) Obtains or exerts unauthorized control over records, data,
materials, equipment or animals of any animal research facility
with the intent to interfere with research by concealing,
abandoning or destroying such records, data, materials, equipment
or animals.
(e) With the intent to interfere with research, possesses or
uses equipment or animals that the person reasonably believes
have been obtained by theft or deception from an animal research
facility or without the authorization of an animal research
facility.
(2) For the purposes of this section, 'animal research
facility' means any facility engaging in legal scientific
research or teaching involving the use of animals.
(3) Research and animal interference is a:
(a) Class C felony if damage to the animal research facility is
$2,500 or more; or
(b) Class A misdemeanor if there is no damage to the facility
or if damage to the animal research facility is less than $2,500.
(4) Determination of damages to an animal research facility
shall be made by the court. In making its determination, the
court shall consider the reasonable costs of:
(a) Replacing lost, injured or destroyed animals;
(b) Restoring the animal research facility to the approximate
condition of the facility before the damage occurred; and
(c) Replacing damaged or missing records, data, material or
equipment.
(5) In addition to any other penalty imposed for violation of
this section, a person convicted of such violation is liable:
(a) To the { - owner - } { + keeper + } of the animal for
damages, including the costs of restoring the animal to
confinement and to its health condition prior to commission of
the acts constituting the violation;
(b) For damages to real and personal property caused by acts
constituting the violation; and
(c) For the costs of repeating an experiment, including the
replacement of the animals, labor and materials, if acts
constituting the violation cause the failure of an experiment.
SECTION 9. ORS 167.335 is amended to read:
167.335. Unless gross negligence can be shown, the provisions
of ORS 167.315 to 167.333 do not apply to:
(1) The treatment of livestock being transported by
{ - owner - } { + keeper + } or common carrier;
(2) Animals involved in rodeos or similar exhibitions;
(3) Commercially grown poultry;
(4) Animals subject to good animal husbandry practices;
(5) The killing of livestock according to the provisions of ORS
603.065;
(6) Animals subject to good veterinary practices as described
in ORS 686.030;
(7) Lawful fishing, hunting and trapping activities;
(8) Wildlife management practices under color of law;
(9) Lawful scientific or agricultural research or teaching that
involves the use of animals;
(10) Reasonable activities undertaken in connection with the
control of vermin or pests; and
(11) Reasonable handling and training techniques.
SECTION 10. ORS 167.345 is amended to read:
167.345. (1) As used in this section, 'peace officer' has the
meaning given that term in ORS 161.015.
(2) If there is probable cause to believe that any animal is
being subjected to treatment in violation of ORS 167.315 to
167.333, 167.340, 167.355, 167.365 or 167.428, a peace officer,
after obtaining a search warrant or in any other manner
authorized by law, may enter the premises where the animal is
located to provide the animal with food, water and emergency
medical treatment and may impound the animal. If after reasonable
effort the { - owner or person having custody - } { +
keeper + } of the animal cannot be found and notified of the
impoundment, the notice shall be conspicuously posted on the
premises and within 72 hours after the impoundment the notice
shall be sent by certified mail to the address, if any, where the
animal was impounded.
(3) A peace officer is not liable for any damages for an entry
under subsection (2) of this section, unless the damages were
caused by the unnecessary actions of the peace officer that were
intentional or reckless.
(4)(a) A court may order an animal impounded under subsection
(2) of this section to be held at any animal care facility in the
state. A facility receiving the animal shall provide adequate
food and water and may provide veterinary care.
(b) A court may order a fighting bird impounded under
subsection (2) of this section to be held on the property of the
{ - owner, possessor or - } keeper of the fighting bird in
accordance with ORS 167.433.
SECTION 11. ORS 167.348 is amended to read:
167.348. (1) If an animal is forfeited according to the
provisions of ORS 167.347 or 167.350, the agency to which the
animal was forfeited may place the animal with a new
{ - owner - } { + keeper + }. The agency shall give placement
preference to any person or persons who had prior contact with
the animal, including but not limited to family members and
friends of the former { - owner - } { + keeper + } whom the
agency determines are capable of providing necessary, adequate
and appropriate levels of care for the animal. As a condition of
placement, the agency shall require the new
{ - owner - } { + keeper + } to execute an agreement to
provide minimum care to the animal. The agreement must indicate
that allowing the former
{ - owner - } { + keeper + } to possess the animal
constitutes a crime.
(2) Notwithstanding subsection (1) of this section, the agency
may not place the animal with any person who resides with the
former { - owner - } { + keeper + }.
SECTION 12. ORS 167.350 is amended to read:
167.350. (1) In addition to and not in lieu of any other
sentence it may impose, a court may require a defendant convicted
under ORS 167.315 to 167.333, 167.340, 167.355 or 167.365 to
forfeit any rights of the defendant in the animal subjected to
the violation, and to repay the reasonable costs incurred by any
person or agency prior to judgment in caring for each animal
subjected to the violation.
(2)(a) When the court orders the defendant's rights in the
animal to be forfeited, the court may further order that those
rights be given over to an appropriate person or agency
demonstrating a willingness to accept and care for the animal or
to the county or an appropriate animal care agency for further
disposition in accordance with accepted practices for humane
treatment of animals. The court may not transfer the defendant's
rights in the animal to any person who resides with the
defendant.
(b) This subsection does not limit the right of the person or
agency to whom rights are granted to resell or otherwise make
disposition of the animal. A transfer of rights under this
subsection constitutes a transfer of ownership. The court shall
require a person to whom rights are granted to execute an
agreement to provide minimum care to the animal. The agreement
must indicate that allowing the defendant to possess the animal
constitutes a crime.
(3) In addition to and not in lieu of any other sentence it may
impose, a court may order the { - owner or person having
custody - } { + keeper + } of an animal to repay the reasonable
costs incurred by any person or agency in providing minimum care
to the animal.
(4) A court may order a person convicted under ORS 167.315 to
167.333, 167.340, 167.355, 167.365 or 167.428 to participate in
available animal cruelty prevention programs or education
programs, or both, or to obtain psychological counseling for
treatment of mental health disorders that, in the court's
judgment, contributed to the commission of the crime. The person
shall bear any costs incurred by the person for participation in
counseling or treatment programs under this subsection.
(5) ORS 131.550 to 131.600 do not apply to the forfeiture of an
animal subjected to a violation of ORS 167.315 to 167.333,
167.340, 167.355, 167.365 or 167.428. Any such animal is subject
to forfeiture as provided in subsections (1) to (3) of this
section or, if the animal is a fighting bird, as provided in ORS
167.435.
SECTION 13. { + Section 2 of this 2013 Act applies:
(1) To a person convicted of an offense identified in section 2
of this 2013 Act on or after the effective date of this 2013 Act;
and
(2) To a person convicted of an offense identified in section 2
of this 2013 Act before the effective date of this 2013 Act, if
the person:
(a) Requires an ownership interest in a grooming parlor or
boarding kennel on or after the effective date of this 2013 Act;
(b) Commences employment on or after the effective date of this
2013 Act; and
(c) Provides independent contractor services on or after the
effective date of this 2013 Act. + }
SECTION 14. { + Sections 3 and 4 of this 2013 Act apply to:
(1) The hiring of persons on or after the effective date of
this 2013 Act to commence employment on or after the effective
date of this 2013 Act; and
(2) Independent contractor services provided on or after the
effective date of this 2013 Act. + }
SECTION 15. { + Section 5 of this 2013 Act applies to domestic
animals for which placement into the custody of a boarding kennel
commences on or after the effective date of this 2013 Act. + }
SECTION 16. { + The amendments to ORS 167.312 by section 8 of
this 2013 Act apply to damages awarded for offenses committed on
or after the effective date of this 2013 Act. + }
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