75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SMRA to A-Eng. HB 2470
 
LC 1765/HB 2470-AMR17
 
                     SENATE MINORITY REPORT
                          AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2470
 
                             May 29
 
President Courtney:
  A minority of your Committee on Consumer Protection and Public
Affairs, to whom was referred A-engrossed House Bill 2470, having
had the same under consideration, respectfully reports it back
with the recommendation that it do pass with the following
amendments:
 
  On page 1 of the printed A-engrossed bill, delete lines 11
through 19 and delete pages 2 through 5 and insert:
  '  { +  SECTION 1. + }  { + (1) As used in this section:
  ' (a) 'Boarding kennel' means a facility that provides care for
a fee to dogs that stay at the facility an average of less than
30 days.
  ' (b) 'Dog' means a member of the subspecies Canis lupus
familiaris or a hybrid of that subspecies.
  ' (c) 'Litter' means one or more dogs, sold individually or
together, that are all or part of a group of dogs born to the
same mother at the same time.
  ' (d) 'Training' means formal preparation for exhibition in
conformation and performance dog events, hunting, search and
rescue, assistance to persons with disabilities or other
specialized activities or functions.
  ' (e) 'Training kennel' means a facility that provides training
of dogs for a fee and at which dogs are kept while training is in
progress.
  ' (2) A person may not possess, control or otherwise have
charge of at the same time more than 50 sexually intact dogs that
are two years of age or older for the primary purpose of
reproduction unless the person has one or more individuals on
site for at least eight hours each day to care for the dogs. The
ratio between dogs and on-site individuals may not be more than
50 dogs to one individual. It is prima facie evidence that a
person possesses dogs for the primary purpose of reproduction if
during a 12-month period the person sells, offers for sale,
barters or exchanges more than five litters of dogs that are less
than eight months of age.
  ' (3) A person who possesses, controls or otherwise has charge
of 50 or more sexually intact dogs that are eight months of age
or older for the primary purpose of reproduction shall maintain a
record for each of those dogs that identifies:
  ' (a) The date of birth for the dog or, if the date of birth is
unknown, the date the person acquired possession, control or
charge of the dog and the source of the dog;
  ' (b) The dates on which the dog has been bred;
  ' (c) For a female, the number of dogs in each litter produced;
and
  ' (d) The disposition the person makes of the dog, including
the date of disposition, manner of disposition and the name and
address information for any person taking possession, control or
charge of the dog.
 
  ' (4) A person shall retain a record required under subsection
(3) of this section for a period ending on the earlier of three
years following the death of the dog or three years following the
date on which the person permanently ceased to have possession,
control or charge of the dog.
  ' (5) Subsections (2) to (4) of this section do not apply to:
  ' (a) An animal control agency, humane society or animal
shelter;
  ' (b) A person who provides care for dogs at the request of a
unit of government, government agency, humane society or animal
shelter;
  ' (c) A veterinary facility;
  ' (d) A person who is transporting dogs;
  ' (e) A boarding kennel; or
  ' (f) A training kennel.
  ' (6) A violation of this section is a Class B misdemeanor.
However, a court shall suspend sentence under this subsection for
a violation of subsection (2) of this section if the person
agrees to spay, neuter or transfer a sufficient number of dogs to
remedy the violation. + }
  '  { +  SECTION 2. + }  { +  (1) As used in this section:
  ' (a) 'Boarding kennel' means a facility that provides care for
a fee to dogs that stay at the facility an average of less than
30 days.
  ' (b) 'Dog' means a member of the subspecies Canis lupus
familiaris or a hybrid of that subspecies.
  ' (c) 'Regular exercise' means:
  ' (A) Providing the dog with unencumbered access from the
primary enclosure of the dog to a space sufficient to permit the
dog to exercise on its own at will; or
  ' (B) The removal of the dog from the dog's primary enclosure
and:
  ' (i) Walking the dog on a leash;
  ' (ii) Allowing the dog to move about freely within a building
or an outdoor space; or
  ' (iii) Allowing the dog to walk on a treadmill, jenny mill,
slat mill or similar device, if use of the device is prescribed
for the dog by a veterinarian to accommodate a specific medical
condition.
  ' (d) 'Training' means formal preparation for exhibition in
conformation and performance dog events, hunting, search and
rescue, assistance to persons with disabilities or other
specialized activities or functions.
  ' (e) 'Training kennel' means a facility that provides training
of dogs for a fee and at which dogs are kept while training is in
progress.
  ' (2) A person who possesses, controls or otherwise has charge
of at the same time 10 or more sexually intact dogs that are
eight months of age or older shall, in addition to providing
minimum care as defined in ORS 167.310:
  ' (a) Provide each dog with sufficient space to turn about
freely, stand and sit and to lie down without the head, face,
tail, legs or feet of the dog touching the sides of the enclosure
or touching any other dog.
  ' (b) Provide each dog with an enclosure that:
  ' (A) Has a floor:
  ' (i) Without slats or gaps in which the foot or toe of the dog
could be caught and injured; and
  ' (ii) That does not bend under the weight of the dog;
  ' (B) Is six inches higher than the head of the tallest dog in
that enclosure when the tallest dog is in a normal standing
position;
  ' (C) If elevated above the floor of a room, is placed so that
the floor of the enclosure is no more than 42 inches above the
floor of the room; and
 
  ' (D) Is not stacked or otherwise placed above or below any
other dog enclosure.
  ' (c) Provide each dog that is more than four months of age
with at least one hour of regular exercise each day, unless:
  ' (A) A veterinarian has certified that the dog is medically
precluded from exercise; or
  ' (B) The dog has a readily apparent injury or illness that
precludes exercise.
  ' (d) Remove waste and contaminants from the enclosure at least
once each day.
  ' (e) Remove the dog from the enclosure when cleaning the
enclosure of waste and contaminants.
  ' (f) Maintain a record for each sexually intact dog that is
eight months of age or older that identifies:
  ' (A) The date of birth for the dog or, if the date of birth is
unknown, the date on which the person acquired possession,
control or charge of the dog and the source of the dog;
  ' (B) Any veterinary care provided for the dog; and
  ' (C) The disposition the person makes of the dog, including
the date of disposition, manner of disposition and the name and
address information for any person taking possession, control or
charge of the dog.
  ' (3) A person shall retain a record required under subsection
(2) of this section for a period ending on the earlier of three
years following the death of the dog or three years following the
date on which the person permanently ceased to have possession,
control or charge of the dog.
  ' (4) Subsections (2) and (3) of this section do not apply to:
  ' (a) A veterinary facility;
  ' (b) A person who is transporting dogs;
  ' (c) A boarding kennel; or
  ' (d) A training kennel.
  ' (5) A violation of this section is a Class B misdemeanor. + }
  '  { +  SECTION 3. + }  { + (1) As used in this section, 'dog'
means a member of the subspecies Canis lupus familiaris or a
hybrid of that subspecies.
  ' (2) A person who possesses, controls or otherwise has charge
of at the same time 50 or more dogs shall have one or more
individuals on site for at least eight hours each day to care for
the dogs. The ratio between dogs and on-site individuals may not
be more than 50 dogs to one individual. + }
  '  { +  SECTION 4. + }  { + (1) As used in this section:
  ' (a) 'Litter' means one or more dogs, sold individually or
together, that are all or part of a group of dogs born to the
same mother at the same time.
  ' (b) 'Pet dealer' means a person who sells five or more
litters of dogs during a one-year period.
  ' (2) Except as otherwise provided in this section, a pet
dealer shall provide the purchaser of a dog who complies with
subsection (3) of this section with a full refund of the purchase
price of the dog if:
  ' (a) No later than 15 days after purchasing the dog from the
pet dealer, the purchaser has the dog examined by a veterinarian
and the examination reveals that the dog is diseased; or
  ' (b) No later than one year after purchasing the dog from the
pet dealer, the purchaser has the dog examined by a veterinarian
and the examination reveals that the dog has a congenital
disorder that significantly limits the dog's quality of life.
  ' (3) To qualify for a refund under this section, the
purchaser, no later than four business days after the veterinary
examination that revealed the disease or disorder, must:
  ' (a) Return the dog to the pet dealer;
  ' (b) Provide the pet dealer with a dated written statement by
the examining veterinarian that the dog has a disease or has a
congenital defect; and
 
  ' (c) Provide the pet dealer with proof of the sale, including
but not limited to the date of sale.
  ' (4) Upon mutual agreement of the purchaser and pet dealer,
the purchaser may accept a replacement dog instead of a refund.
  ' (5) A purchaser who complies with subsection (3) of this
section may, instead of obtaining a refund, require that the pet
dealer reimburse the purchaser for the reasonable cost of
veterinary care provided in connection with the disease or
congenital disorder described in subsection (2) of this section.
The duty of the pet dealer to reimburse the purchaser for the
reasonable cost of veterinary care shall be limited to the
purchase price of the dog. A purchaser who agrees to accept
reimbursement under this subsection waives any other claim
against the pet dealer for reimbursement of the cost of
veterinary care for the dog.
  ' (6) Notwithstanding subsections (1) to (5) of this section, a
pet dealer is not required to refund the purchase price of a dog,
provide a replacement dog or reimburse the purchaser for
veterinary care if the pet dealer:
  ' (a) At the time of sale made a clear and conspicuous
disclosure in writing, initialed or signed by the purchaser, that
disclosed the disease or disorder; or
  ' (b) Had the dog examined by a veterinarian not more than 14
days prior to the date of sale and the examination did not
disclose the disease or congenital disorder. + }
  '  { +  SECTION 5. + }  { + (1) As used in this section:
  ' (a) 'Dog' means a member of the subspecies Canis lupus
familiaris or a hybrid of that subspecies.
  ' (b) 'Litter' means one or more dogs, sold individually or
together, that are all or part of a group of dogs born to the
same mother at the same time.
  ' (c)(A) 'Retail pet store' means a retail establishment open
to the public that sells or offers to sell dogs.
  ' (B) 'Retail pet store' does not mean a person who sells or
offers to sell only dogs:
  ' (i) That were bred or raised by the person; or
  ' (ii) That are kept primarily for the purpose of reproduction.
  ' (2) A retail pet store that offers a dog for sale shall,
prior to accepting an offer to purchase the dog, provide the
person making the offer with the following information, in
writing, regarding the dog:
  ' (a) If known, the breed, age and date of birth of the dog.
  ' (b) The sex and color of the dog.
  ' (c) A list, and accompanying proof, of all inoculations that
have been given to the dog by any person, and the date of those
inoculations.
  ' (d) A list of all medical treatment provided to the dog by
any person, the date of treatment and the reasons for the
treatment.
  ' (e) The name and business address of the breeder and of the
facility where the dog was born.
  ' (f) If the breeder holds a license issued by the United
States Department of Agriculture, the breeder's federal
identification number.
  ' (g) The retail price of the dog.
  ' (h) Any congenital disorder or hereditary diseases in the
parents of the dog known to the pet dealer.
  ' (i) If the dog is being sold with the representation that the
dog qualifies for registration with a pedigree organization:
  ' (A) The names and registration numbers of the parents of the
dog; and
  ' (B) The name and address of the pedigree organization with
which the parents of the dog are registered.
  ' (j) If the dog has previously been sold by the retail pet
store and returned by the purchaser, the reason for the return.
 
  ' (k) A statement in substantially the following form, with the
applicable provision number circled: + }
]
 ________________________________________________________________
 
 { +  The facility in which this dog was born has produced:
  1. 0 to 2 litters during the one-year period preceding the day
this dog was born.
  2. 3 to 10 litters during the one-year period preceding the day
this dog was born.
  3. 11 to 39 litters during the one-year period preceding the
day this dog was born.
  4. 40 or more litters during the one-year period preceding the
day this dog was born. + }
]
 ________________________________________________________________
 
  '  { +  SECTION 6. + }  { + (1) Section 1 (3) of this 2009 Act
applies to records of events occurring on or after the effective
date of this 2009 Act.
  ' (2) Section 2 (2)(f) of this 2009 Act applies to records of
events occurring on or after the effective date of this 2009 Act.
  ' (3) Section 4 of this 2009 Act applies to dogs sold by a pet
dealer on or after the effective date of this 2009 Act.
  ' (4) Section 5 of this 2009 Act applies to dogs acquired by a
retail pet store on or after the effective date of this 2009
Act. + } ' .
 
                         /sFred Girod
                           Senator
 
                         /sLarry George
                           Senator
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