72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1477
 
                           A-Engrossed
 
                         House Bill 2811
                  Ordered by the House April 14
            Including House Amendments dated April 14
 
Sponsored by Representative SHETTERLY, Senator SCHRADER
 
 
                             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.
 
  Expands definition of minimum care with regard to nonambulatory
livestock animals for purposes of certain criminal statutes.
 
                        A BILL FOR AN ACT
Relating to animals; amending ORS 167.310.
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.
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