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 1850
House Bill 3065
Sponsored by Representative HASS; Representatives FARR, GARRARD,
SCOTT
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 as
introduced.
Modifies permit requirements for possession of exotic animal.
Prohibits breeding exotic animals. Prohibits future acquisition
of exotic animal. Punishes violation by maximum 6 months'
imprisonment, $2,000 fine, or both. Provides exception for zoos,
wildlife sanctuaries and other institutions.
Expands definition of exotic animal. Requires person in
possession of exotic animal to maintain certain liability
insurance.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to exotic animals; creating new provisions; amending ORS
609.305, 609.309, 609.329 and 609.992; repealing ORS 609.312,
609.315, 609.319, 609.325 and 609.335; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 609.305 is amended to read:
609.305. As used in ORS 609.305 to 609.335 and 609.992
{ - , - } { + :
(1) + } 'Exotic animal' means:
{ - (1) - } { + (a) + } Any member of the family Felidae
not indigenous to Oregon, except the species Felis catus
(domestic cat);
{ - (2) - } { + (b) + } Any nonhuman primate;
{ - (3) - } { + (c) + } Any wolf (Canis lupus);
{ - (4) - } { + (d) + } Any nonwolf member of the family
Canidae not indigenous to Oregon, except the species Canis
familiaris (domestic dog); { - and - }
{ - (5) - } { + (e) + } Any bear, except the black bear
(Ursus americanus) { - . - } { + ;
(f) Any crocodile, alligator or caiman; and
(g) Reptiles from the following families:
(A) Family Boidae (all species whose adult length may exceed
eight feet);
(B) Family Colubridae (boomslangs and African twig snakes);
(C) Family Elapidae (all species, including coral snakes,
cobras and mambas);
(D) Family Natricidae (keelback snakes);
(E) Family Varanidae (water monitors and crocodile monitors);
and
(F) Family Viperidae (all species, including copperheads,
cottonmouths and rattlesnakes).
(2) 'Possessor' means a person who owns, keeps, harbors, brings
into the state, has in the person's possession, acts as custodian
for or otherwise has custody or control of an exotic animal.
(3) 'Wildlife sanctuary' means a nonprofit organization
described in section 170(b)(1)(A) of the federal Internal Revenue
Code, as amended and in effect on the effective date of this 2003
Act, that operates a place of refuge where abused, neglected,
unwanted, impounded, abandoned, orphaned or displaced exotic
animals are provided care for the animal's lifetime or until
released back into the wild. 'Wildlife sanctuary' does not
include an organization that:
(a) Involves an animal in any activity not inherent to an
animal's nature;
(b) Uses animals for any type of entertainment;
(c) Sells, trades or barters animals or animal body parts; or
(d) Breeds animals for any purpose. + }
SECTION 2. ORS 609.309 is amended to read:
609.309. { + (1) + } It is the policy of this state that the
keeping of exotic animals be regulated so as to ensure the
health, welfare and safety of those animals and to ensure the
security of facilities in which they are kept, so as to avoid
undue physical or financial risk to the public. { - It is the
policy of this state that regulation place no more burden upon
the keepers of exotic animals than is required to accomplish the
purposes expressed in this section. - }
{ + (2) The Legislative Assembly finds that:
(a) Exotic animals are by nature wild and dangerous and do not
adjust well to captivity without sufficient provisions for their
welfare and professional care.
(b) Most owners of exotic animals lack the specialized
equipment and expertise necessary to properly provide for the
containment, medical care, husbandry and nutrition of these
animals.
(c) It is almost impossible for an exotic animal to adapt to
traditional household settings or other inadequate living spaces
and conditions.
(d) The care and handling of exotic animals should be provided
by qualified persons who have the knowledge and means to maintain
the animals properly. + }
SECTION 3. ORS 609.329 is amended to read:
609.329. (1) { - A keeper - } { + The possessor + } of an
exotic animal is strictly liable for:
(a) Costs incurred by any person or city, county or state
agency in attempting to remedy the animal's escape from custody;
(b) Personal injury, property damage or similar loss directly
or indirectly caused by the animal's escape from custody, the
lack of custody over the animal or efforts to remedy the animal's
escape from custody; and
(c) Personal injury directly caused by the animal while in
custody.
(2) Notwithstanding subsection (1) of this section, if an
injury or escape by an exotic animal is in whole or in part the
result of a willful unlawful act by a person other than the
{ - keeper - } { + possessor + }, the { - keeper's - }
{ + possessor's + } liability for damages resulting from the
escape or injury is the amount of total damages multiplied by the
percentage of fault attributable to the
{ - keeper's - } { + possessor's + } negligence.
SECTION 4. ORS 609.992 is amended to read:
609.992. (1) Violation of { - ORS 609.319 - } { + section 6
of this 2003 Act + } is a Class B misdemeanor.
(2) In addition to and not in lieu of any jail sentence or fine
it may impose, a court may require a defendant convicted under
{ - ORS 609.319 - } { + section 6 of this 2003 Act + } to
forfeit any rights of the defendant in any exotic animal kept in
violation thereof and to repay reasonable costs incurred by any
person, city, county or state agency in caring for the animal
prior to judgment.
(3) When the court orders the defendant's rights in the exotic
animal to be forfeited, the court may further order that those
rights be given over to an appropriate person or agency
demonstrating a willingness to accept and care for the animal or
to the county or an appropriate animal care agency for further
disposition in accordance with accepted practices for humane
treatment of animals. This subsection { - shall - }
{ + may + } not constitute or authorize any limitation upon the
right of the person or agency to whom rights are granted to
resell or otherwise make disposition of the animal. A transfer of
rights under this subsection constitutes a transfer of ownership.
SECTION 5. { + Sections 6 to 20 of this 2003 Act are added to
and made a part of ORS 609.305 to 609.335. + }
SECTION 6. { + (1) Except as provided in section 21 of this
2003 Act, it is unlawful for any person to own, possess, keep,
harbor, bring into the state, act as a custodian for or otherwise
have custody or control of an exotic animal unless the person has
a personal possession permit issued under section 7 of this 2003
Act.
(2) It is unlawful for any person to breed an exotic
animal. + }
SECTION 7. { + (1) The State Department of Agriculture shall
issue a personal possession permit to a person who:
(a) Is in legal possession of an exotic animal on the operative
date of this section; and
(b) Applies for a personal possession permit prior to July 1,
2004.
(2) Application for a personal possession permit shall be made
on forms provided by the department. The application must include
the following information:
(a) A written statement from the applicant that includes:
(A) The applicant's name, address, telephone number and date of
birth;
(B) A description of the exotic animal that is the subject of
the application;
(C) A description of each exotic animal the applicant
possesses, including the species, sex, age, color, weight and any
distinguishing markings or coloration that might aid in
identifying the animal;
(D) A photograph of the exotic animal that is the subject of
the application;
(E) The exact location where the subject exotic animal will be
kept;
(F) The name, address and telephone number of the person from
whom the applicant obtained the subject exotic animal;
(G) The microchip number of the subject exotic animal if
required under section 11 of this 2003 Act; and
(H) The name, address and telephone number of the veterinarian
who provides veterinary care to the subject exotic animal and a
certificate of good health from the veterinarian for the animal.
(b) A notarized statement from the applicant stating that:
(A) The applicant is at least 18 years old; and
(B) The applicant has not been:
(i) Convicted of a crime under ORS 167.315 to 167.333, 167.340,
167.352, 167.355, 167.365 or 167.370;
(ii) Found to be within the jurisdiction of the juvenile court
for committing an act that, if committed by an adult, would
constitute cruelty, neglect or mistreatment of an animal;
(iii) Convicted for the possession, sale or use of illegal
narcotics; or
(iv) Convicted of a felony.
(c) A plan for quickly and safely recapturing the exotic animal
in the event the animal escapes.
(d) A copy of an insurance policy for the exotic animal as
described in section 15 of this 2003 Act.
(e) Any additional information requested by the department.
(3) A personal possession permit issued under this section is
valid for one year from the date the permit is issued. The
department may renew the permit annually upon application from
the permit holder. The department shall prescribe an application
for permit renewal.
(4) The department may deny an application that does not meet
the requirements of this section. The department shall provide
written notice to the applicant stating the reason for the
denial. + }
SECTION 8. { + Notwithstanding section 7 (1)(a) of this 2003
Act, the State Department of Agriculture may issue a personal
possession permit for an exotic animal that was not yet born on
July 1, 2004, provided the animal was gestational at that time.
The possessor of the animal shall apply for a permit as otherwise
provided under section 7 of this 2003 Act. + }
SECTION 9. { + (1) A personal possession permit issued by the
State Department of Agriculture under section 7 of this 2003 Act
shall contain the following information:
(a) The name, address, telephone number and date of birth of
the permit holder;
(b) The address, if different from the address of the permit
holder, where the exotic animal is kept;
(c) The name, microchip number, sex, species, age and any
distinguishing marks or characteristics of the exotic animal;
(d) The name, address and telephone number of the veterinarian
who provides veterinary care to the exotic animal; and
(e) Any other information the department deems necessary.
(2) The department shall keep a current record of all personal
possession permits issued by the department. A permit holder must
notify the department of any change regarding the information
listed on the permit, including the death of the subject exotic
animal. + }
SECTION 10. { + (1) Except as limited by subsection (2) of
this section, the State Department of Agriculture may charge
reasonable fees for application for and issuance and renewal of a
personal possession permit under section 7 of this 2003 Act.
(2) Fees charged for application for and issuance or renewal of
a personal possession permit may not exceed $50 annually for each
exotic animal and may not exceed $300 annually for any applicant
regardless of the total number of exotic animals in the person's
possession.
(3) All moneys received by the department under this section
shall be paid into the State Treasury and deposited in the
General Fund to the credit of the Department of Agriculture
Account created under ORS 561.150. Such moneys are continuously
appropriated to the department for the administration and
enforcement of ORS 609.305 to 609.335. + }
SECTION 11. { + Except as otherwise provided in this section,
an exotic animal kept in this state must be implanted with a
microchip identifying the animal. The microchip must be implanted
by or under the supervision of a veterinarian. Implantation of a
microchip is not required if the veterinarian determines that
implanting the microchip will endanger the health of the
animal. + }
SECTION 12. { + The State Department of Agriculture shall
adopt rules for the administration and enforcement of ORS 609.305
to 609.335 according to the applicable provisions of ORS 183.310
to 183.550. + }
SECTION 13. { + The State Department of Agriculture shall
establish standards and requirements for caging exotic animals.
The standards and requirements shall be designed to ensure the
health, welfare and safety of the animals and the security of
facilities in which they are kept, and to avoid undue physical or
financial risk to the public. + }
SECTION 14. { + (1) An exotic animal may not be tethered,
leashed, chained outdoors or allowed to run at large.
(2) An exotic animal may not be mistreated, neglected,
abandoned or deprived of food, water or other sustenance.
(3) A person transporting an exotic animal in a vehicle must
keep the animal securely caged in the vehicle at all times.
(4) A person possessing an exotic animal under a personal
possession permit shall have and maintain a plan for the quick
and safe recapture of the animal if the animal escapes. The plan
must provide for the destruction of the animal if recapture is
impossible. The person must submit a copy of the plan to the
State Department of Agriculture if the plan varies from the plan
submitted with the permit application under section 7 of this
2003 Act. + }
SECTION 15. { + (1) A possessor of an exotic animal shall
maintain property and casualty insurance coverage in an amount
not less than $150,000 for each occurrence of destruction or
damage to property, or death or bodily injury caused by the
exotic animal. The possessor must provide a copy of the
insurance policy to the State Department of Agriculture at the
time the person applies for a personal possession permit under
section 7 of this 2003 Act and upon application for renewal of
the permit.
(2) The possessor of an exotic animal must conspicuously post a
sign at any entrance to the premises where an exotic animal is
kept indicating that an exotic animal is on the premises. The
sign must include a symbol easily understood by children
indicating the presence of the exotic animal. The department
shall establish standards for the size and content of the
signs. + }
SECTION 16. { + Except when bringing an exotic animal to a
veterinarian or veterinary clinic, a person may not bring an
exotic animal to any public property or commercial or retail
establishment. + }
SECTION 17. { + The possessor of an exotic animal shall, at
all reasonable times, allow staff and agents of the State
Department of Agriculture to enter the premises where the animal
is kept to ensure compliance with ORS 609.305 to 609.335. + }
SECTION 18. { + (1) The State Department of Agriculture may
suspend or revoke a personal possession permit issued under
section 7 of this 2003 Act if the department finds that the
permit holder is in violation of ORS 609.305 to 609.335. The
department shall give written notice of the suspension or
revocation, including the reasons for the suspension or
revocation.
(2) A person who is denied issuance or renewal of a personal
possession permit under section 7 of this 2003 Act, or has a
permit suspended or revoked under this section, may appeal the
decision in the manner provided for a contested case under ORS
183.310 to 183.550. + }
SECTION 19. { + (1) The State Department of Agriculture may
immediately seize an exotic animal if the department finds that
the person in possession of the animal is in violation of ORS
609.305 to 609.335. The person from whom the animal is seized is
liable for the costs of the care and placement of the animal from
the time of seizure until the animal is returned to the person or
until the animal is relocated to a wildlife sanctuary or other
appropriate facility.
(2) When an exotic animal is seized under this section, the
person responsible for the animal must post a security bond or
cash with the department in an amount sufficient to secure
payment of all reasonable expenses expected to be incurred by the
department in caring and providing for the animal, including but
not limited to the estimated cost of food, medical care and
housing for at least 30 days. The security bond or cash does not
prevent the department from disposing of the animal at the end of
the initial 30-day period unless, prior to the 30th day, the
person responsible for the animal posts an additional security
bond or additional cash to secure payment of all reasonable
expenses expected to be incurred in caring and providing for the
animal for an additional 30 days. The amount of the security bond
or cash required under this section shall be determined by the
department and should be based on current rates for appropriate
food, medical care and shelter.
(3) If the person responsible for an exotic animal seized under
this section cannot be found or the animal otherwise remains
unclaimed, the department may:
(a) Relocate the animal to a wildlife sanctuary or other
appropriate care facility;
(b) Relocate the animal to the care of a person with a valid
personal possession permit for a similar species; or
(c) Euthanize the animal.
(4) If an exotic animal has escaped and cannot be safely
recaptured, or if an exotic animal has been seized and the
department cannot relocate the animal, the department may
euthanize the animal.
(5) An exotic animal that is seized under this section may be
returned to the person from whom the animal was seized if the
person demonstrates to the satisfaction of the department that
the person has:
(a) A personal possession permit issued under section 7 of this
2003 Act;
(b) Corrected any conditions that caused the seizure; and
(c) Paid the department for the cost of caring and providing
for the animal while the animal was under the care and control of
the department. + }
SECTION 20. { + (1) If the possessor of an exotic animal is
unable to continue caring and providing for the animal, the
possessor may transfer the animal to a person with a valid
personal possession permit for a similar species issued under
section 7 of this 2003 Act, a wildlife sanctuary or other
appropriate care facility. The possessor shall provide notice of
the transfer to the State Department of Agriculture within 10
days of the transfer.
(2) If the possessor is unable to transfer the animal as
provided under subsection (1) of this section, the possessor
shall contact the department prior to euthanizing the animal. + }
SECTION 21. { + (1) ORS 609.305 to 609.335 do not apply to:
(a) An institution accredited by the American Zoo and Aquarium
Association, or under mentorship through the association.
(b) An animal protection organization incorporated under ORS
chapter 65 that houses an exotic animal at the written request of
the State Department of Agriculture.
(c) Animal control or law enforcement personnel acting pursuant
to state or local law.
(d) A wildlife rehabilitation center operating under a valid
permit issued by the State Fish and Wildlife Commission under ORS
497.308.
(e) A licensed veterinary hospital or clinic.
(f) A wildlife sanctuary.
(g) A licensed or accredited research or medical institution.
(h) A licensed or accredited educational institution.
(i) A lawful circus or rodeo.
(j) A person transporting an exotic animal through the state if
the transit time does not exceed 96 hours and the animal is
maintained at all times within a cage, structure or other
facility sufficient to prevent the animal from escaping.
(2) As used in this section, 'exotic animal' and 'wildlife
sanctuary' have the meanings given those terms in ORS
609.305. + }
SECTION 22. { + ORS 609.312, 609.315, 609.319, 609.325 and
609.335 are repealed. + }
SECTION 23. { + (1) Sections 7 to 21 of this 2003 Act and the
amendments to ORS 609.305, 609.309 and 609.329 by sections 1 to 3
of this 2003 Act become operative on January 1, 2004.
(2) Section 6 of this 2003 Act, the amendments to ORS 609.992
by section 4 of this 2003 Act and the repeal of ORS 609.312,
609.315, 609.319, 609.325 and 609.335 by section 22 of this 2003
Act become operative on July 1, 2004.
(3) Notwithstanding the operative dates specified in
subsections (1) and (2) of this section, the State Department of
Agriculture may promulgate such rules as the department deems
necessary to implement sections 6 to 21 of this 2003 Act
beginning on and after the effective date of this 2003 Act. + }
SECTION 24. { + 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. + }
----------