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
B-Engrossed
House Bill 2811
Ordered by the Senate June 11
Including House Amendments dated April 14 and Senate Amendments
dated June 11
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.
{ + Creates Task Force on Game Fowl and Newcastle Disease to
develop system of tracking and regulating raising of game fowl.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
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. + }
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