75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 3417
 
LC 3436/HB 3417-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3417
 
    By COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND RURAL
                           COMMUNITIES
 
                            April 30
 
  On page 1 of the printed bill, delete lines 6 through 27 and
insert:
  '  { +  SECTION 1. + } ORS 607.007 is amended to read:
  ' 607.007. As used in this chapter, unless the context requires
otherwise:
  ' (1) 'Adequate fence' means a continuous barrier consisting of
natural barriers, structures, masonry, rails, poles, planks, wire
or the combination thereof, installed and maintained in a
condition so as to form a continuous guard and defense against
the ingress or egress of   { - livestock - }  { +  cattle or
equines + } into or from the lands enclosed by the barrier.
 { - Such - }  Natural barriers   { - shall - }  { +  may + }
include hedges, ditches, rivers, streams, ponds or lakes.
  ' (2) 'Estray  { + animal + } ' means   { - livestock of any
unknown person that is - }  { +  cattle or equines that are + }
unlawfully running at large or being permitted to do so, or that
 { - is - }   { + are + } found to be trespassing on land
enclosed by an adequate fence.
  ' (3) 'Taking up' means the intentional exertion of control
over   { - livestock - }  { +  an estray animal + }, including
but not limited to the restriction of movement, holding under
herd, feeding, pasturing or sheltering of   { - such
livestock - }  { +  the animal + }.
  '  { +  SECTION 2. + } ORS 607.300 is amended to read:
  ' 607.300.   { - Whenever livestock has broken - }  { +  If
cattle or equines break  + }through a fence on the open range and
a determination of the adequacy of the fence is necessary in
order to determine   { - if such livestock is an - }  { +
whether the cattle or equines are + } estray { +  animals + },
the State Department of Agriculture shall make the determination
of the adequacy of the fence and shall consider, among other
things, the customs and practices of good   { - husbandmen - }
 { +  animal husbandry + } in the particular area with reference
to fences.  { + The department may adopt rules establishing fees
for determining the adequacy of a fence. Fees must be reasonably
calculated to compensate the department for the costs of the
determination. + } ' .
                         ----------