Chapter 549 Oregon Laws 2003

AN ACT

HB 2811

Relating to animals; creating new provisions; amending ORS 167.310; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 167.310 is amended to read:

167.310. As used in ORS 167.310 to 167.350:

(1) “Animal” means any nonhuman mammal, bird, reptile, amphibian or fish.

(2) “Domestic animal” means an animal, other than livestock, that is owned or possessed by a person.

(3) “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.

(4) “Livestock” has the meaning provided in ORS 609.125.

(5) “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, 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.

(6) “Physical injury” means physical trauma, impairment of physical condition or substantial pain.

(7) “Physical trauma” means fractures, cuts, punctures, bruises, burns or other wounds.

(8) “Possess” has the meaning provided in ORS 161.015.

(9) “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 2. The amendments to ORS 167.310 by section 1 of this 2003 Act become operative on January 1, 2004.

SECTION 3. (1) There is created the Task Force on Game Fowl and Newcastle Disease consisting of seven members appointed by the Director of Agriculture.

(2) For the purpose of protecting the domestic and wild birds of Oregon from Newcastle disease, the task force shall study and make recommendations on development of a system for the tracking and regulation of businesses and individuals raising game fowl. Matters addressed by the study and recommendations may include, but need not be limited to:

(a) Reporting requirements;

(b) License revocation standards;

(c) License fee structure; and

(d) Disease testing, disease reporting, legal fowl rearing, euthanasia methods, legal fowl training and other standards of practice.

(3) The task force may develop legislative proposals for recommendation to the Seventy-third Legislative Assembly.

(4) The task force is subject to the provisions of ORS 171.605 to 171.635 in the same manner as an interim committee and has the authority contained in ORS 171.505 and 171.510.

(5) The State Department of Agriculture shall provide staff support to the task force.

(6) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties.

(7) A majority of the members of the task force constitutes a quorum for the transaction of business.

(8) Official action by the task force requires the approval of a majority of the members of the task force.

(9) The task force shall elect one of its members to serve as chairperson.

(10) The task force shall submit a report, including any recommendations for legislation, to an interim committee related to natural resources, in the manner provided by ORS 192.245, no later than October 1, 2004.

(11) Members of the task force are not entitled to compensation or to reimbursement of any expenses incurred by them in the performance of their official duties.

SECTION 4. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor July 3, 2003

Filed in the office of Secretary of State July 3, 2003

Effective date July 3, 2003

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