71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 166
 
LC 1618/SB 166-A6
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 166
 
                    By COMMITTEE ON JUDICIARY
 
                             May 31
 
  On page 1 of the printed A-engrossed bill, line 2, after the
semicolon insert 'creating new provisions; and' and after '
433.990,' insert '609.010,' and after '609.095' insert ',
609.097'.
  After line 4, insert:
  '  { +  SECTION 1. + }  { + (1) Any person may establish a pet
trust for the care of designated domestic or pet animals. A pet
trust may provide for the care of individually named animals or
for a class of animals, but any animal provided for under the
trust must be living at the time of the trustor's death. Wills
and other instruments shall be liberally construed in favor of
finding the creation of a pet trust, and there is a presumption
against merely precatory or honorary disposition on behalf of
domestic and pet animals.
  ' (2) The terms and conditions of a pet trust may be enforced
by an individual designated for that purpose in the trust
instrument. If the trust instrument does not designate a person
to enforce the terms and conditions of the pet trust, the circuit
court may appoint a person for that purpose. Reasonable
compensation for a person appointed by the court may be paid from
the assets of the trust.
  ' (3) If a trustee is not designated in a pet trust or the
person designated to act as trustee is unwilling or unable to
serve, the circuit court shall name a trustee. A pet trust may
designate one or more persons to serve as successor trustee. The
court may order the transfer of the property to a person other
than the designated trustee or successor trustee if the transfer
is required to ensure that the trustor's intent is carried out.
The court may also make such other orders as the court deems
necessary to carry out the intent of the trustor and the purposes
of this section.
  ' (4) Upon termination of a pet trust, the trustee shall
transfer the unexpended trust property in the following order:
  ' (a) As directed by the trust instrument;
  ' (b) If the trust was created in a nonresiduary clause in the
trustor's will, under the residuary clause in the trustor's will;
or
  ' (c) If paragraphs (a) and (b) of this subsection do not
apply, to the persons to whom the estate of the trustor would
pass by intestate succession under ORS 112.025 to 112.055.
  ' (5) Except as ordered by a circuit court or required by the
trust instrument, no filing, report, registration, periodic
accounting, separate maintenance of funds, appointment or fee is
required by reason of the existence of the fiduciary relationship
of the trustee.
  ' (6) A pet trust terminates as provided by the terms of the
trust instrument. If the trust instrument makes no provision for
termination of the trust, the trust terminates when no living
animal is covered by the trust or when all trust assets are
exhausted, whichever occurs first. + } ' .
  In line 5, delete '1' and insert '2'.
  In line 16, delete '2' and insert '3'.
  On page 2, line 6, delete '3' and insert '4'.
  In line 34, delete '4' and insert '5'.
  On page 3, after line 4, insert:
  '  { +  SECTION 6. + } ORS 609.010 is amended to read:
  ' 609.010. (1) As used in ORS 609.040 to 609.110, 'running at
large' means a dog is off or outside of the premises occupied by
the keeper of the dog, or is not in the company of and under the
control of its keeper. 'Running at large' does not include:
  ' (a) The use of a dog to legally hunt, chase or tree wildlife
while under the supervision of the keeper;
  ' (b) The use of a dog:
  ' (A) To control or protect livestock; or
  ' (B) For other activities related to agriculture; or
  ' (c) A dog that is within any part of a vehicle.
  ' (2) As used in this section and ORS 609.040 to 609.110 and
609.990 { + : + }  { - , - }
  '  { +  (a) + } 'Keeper' means a person who owns, possesses,
controls or otherwise has charge of a dog.
  '  { +  (b) 'Menaces' or 'menacing' means lunging, growling,
snarling or other behavior by a dog that would cause a reasonable
person to fear for the person's safety. + } ' .
  In line 5, delete '5' and insert '7'.
  In line 44, delete 'not on' and insert 'on premises other than'
and after 'occupied' insert 'exclusively'.
  On page 4, line 18, delete '6' and insert '8'.
  In line 26, after 'from' insert 'chasing or menacing another
person on premises other than the premises occupied exclusively
by the keeper or from'.
  In line 36, delete '7' and insert '9'.
  In line 39, delete 'Chases vehicles or persons' and insert '
Chases or menaces persons or chases vehicles' and after '
occupied' insert 'exclusively'.
  In line 42, after 'occupied' insert 'exclusively'.
  On page 5, after line 16, insert:
  '  { +  SECTION 10. + } ORS 609.097 is amended to read:
  ' 609.097. A dog   { - shall not be considered - }  { +  is
not + } a public nuisance under ORS 609.090 (5) or 609.095
 { - or - }   { + and may not be + } destroyed under ORS 609.090
or 609.990 if the dog  { + menaces, chases or + } bites a person
wrongfully assaulting the dog or the dog's keeper or if the dog
 { + menaces, chases or + } bites a person trespassing upon
premises occupied  { + exclusively + } by the dog's keeper after
being provoked by that person.'.
  In line 17, delete '8' and insert '11'.
  In line 20, after 'including' insert 'chasing or menacing a
person on premises other than premises occupied exclusively by
the keeper of the dog or'.
  In line 22, after the second 'dog' insert 'chases or menaces a
person on premises other than premises occupied exclusively by
the keeper of the dog or because the dog'.
  In line 24, after 'nuisance' insert 'because the dog chases or
menaces a person on premises other than premises occupied
exclusively by the keeper of the dog or'.
  In line 27, after 'dog' insert 'chasing or menacing a person on
premises other than premises occupied exclusively by the keeper
of the dog or because of any dog'.
  In line 41, delete 'not on' and insert 'on premises other than'
and after 'occupied' insert 'exclusively'.
  On page 6, line 3, after the period insert 'If the keeper
maintains a public nuisance as described in ORS 609.095 (3) by
failing to comply with reasonable restrictions imposed pursuant
to this paragraph, the court may reconsider the determination
made under this subsection and upon reconsideration may include
the failure to comply as evidence regarding the ability and
inclination of the keeper to prevent the dog from chasing or
menacing another person on premises other than premises occupied
exclusively by the keeper or from biting another person.'.
  Delete lines 9 through 17.
  In line 18, before 'Notwithstanding' begin a new paragraph and
insert '(6)' and after the comma insert 'subject to periodic
advance payment of the cost of keeping the dog in impoundment,'.
  In line 20, after the period insert 'Unless otherwise ordered
by the Court of Appeals, the dog may be killed during the appeal
period if the keeper fails to maintain advance payment of the
cost of keeping the dog impounded.
  ' (7) If a circuit court orders a dog killed and the keeper
does not make the dog available for that purpose, the court may
issue a search warrant for a property upon probable cause to
believe that the dog is located at that property.'.
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