Chapter 575 Oregon Laws 2003

AN ACT

HB 2254

Relating to brands; amending ORS 604.027 and 604.035; and declaring an emergency.

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

SECTION 1. ORS 604.027 is amended to read:

604.027. (1) A person desiring to record a brand on any species of livestock shall submit a written and signed application therefor to the State Department of Agriculture, setting forth a facsimile and description of the brand, the species of livestock upon which it will be used and the specific intended location on the animal. The application [shall] must be accompanied by a brand recording fee [to be established by the department not to exceed $60] of $25 for each brand on each species of livestock on which the brand is to be used. [However, if the species of livestock is sheep, the fee shall not exceed $50.] The person must also pay a prorated activation fee prior to recordation of the brand. The activation fee may not exceed $100. Upon [determining] receipt of an application and the required fees, if the department determines that the brand applied for is available, the department shall issue [its] a certificate of recordation of the distinctive brand, the approved location on the animal and the species of livestock to which it applies.

(2) [Between September 1, 1981, and January 1, 1982, and during the same period of every second year thereafter,] During September of each year the department shall attempt to notify all holders of an expiring recorded brand of the need to renew the brand. The department shall attempt the notification by sending a renewal notice to the holder’s last address as shown on the department’s records. The holder of a recorded brand [shall rerecord it] may renew the brand by submitting [the holder’s written application therefor] to the department[, accompanied by] a brand [rerecording] renewal fee [of $35] for each brand on each species of livestock on which the brand is to be used. The brand renewal fee may not exceed $100. However, if the species of livestock is sheep, the fee [shall be $20.] may not exceed $40.

(3) A recorded brand expires if the department does not receive the brand renewal fee by January 4 next following the attempt to notify the brand holder of the need to renew the brand. Within 60 days after [the expiration of] a brand [rerecording period,] expires, the department shall give written notice of the expiration [of the recording] by mail addressed to the [holder of a recorded] person who held the expired brand at the last address shown on the department’s records. The fee to activate an expired brand is equal to the brand recording fee plus a prorated renewal fee. If [a holder of a recorded brand] the person fails to [rerecord] activate the expired brand within one year after [mailing of the notice of] expiration of the brand, the [recorded] brand [shall be] is considered abandoned and any [other] person may [record and thereafter use such abandoned] apply for recordation and use of that brand.

(4) When issuing or renewing a brand recordation, the department shall adjust certificate expiration dates as necessary to ensure that an approximately equal number of brand recordation expire in each year of a four-year cycle. The department shall prorate a brand renewal fee to reflect an adjustment of a certificate expiration date.

(5) The department shall establish the amount of brand activation fees and brand renewal fees by rule.

SECTION 2. ORS 604.035 is amended to read:

604.035. (1) The brand recorded or [rerecorded] renewed under ORS 604.027 [shall be] is the exclusive property right of the holder thereof, and the holder [shall have] has exclusive right to use [such] the brand in accordance with its recordation. [As such property right,] The holder may transfer the recorded brand [may be transferred] by sale, assignment or otherwise and may [be bequeathed] bequeath the brand by will or subject to the laws of descent and distribution as personal property.

(2) Proof of a recorded brand [shall be] is prima facie evidence of the ownership or right to possession of livestock upon which [it] the brand is used in all civil or criminal actions and suits involving an issue of ownership or right to possession of such livestock. Parol evidence is inadmissible to prove a person is a holder of a recorded brand. Evidence of ownership or right to possession of livestock by Oregon brands thereon is inadmissible unless [such] the brands are recorded, and a disputable presumption of ownership arising from possession, common reputation or the exercise of an act of ownership shall prevail.

SECTION 3. 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 17, 2003

Filed in the office of Secretary of State July 18, 2003

Effective date July 17, 2003

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