75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3436
A-Engrossed
House Bill 3417
Ordered by the House April 30
Including House Amendments dated April 30
Sponsored by Representative HUFFMAN; Representatives BARKER,
BOONE, COWAN, GARRARD, JENSON, KRIEGER, ROBLAN, SCHAUFLER, G
SMITH, Senators ATKINSON, FERRIOLI, GIROD, WHITSETT (at the
request of Oregon Cattlemen's Association)
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.
Limits State Department of Agriculture responsibilities
regarding estray livestock to { - animals of bovine species and
horses - } { + cattle and equines + }. Changes content of
notice by person taking up estray animal to eliminate statutory
inconsistency. Limits department duty to determine adequacy of
fence to fences enclosing { - animals of bovine species or
horses - } { + cattle or equines + }. Allows department to
charge for determining adequacy of fence.
A BILL FOR AN ACT
Relating to estray animals; creating new provisions; and amending
ORS 604.056, 607.007, 607.300, 607.303, 607.304, 607.308,
607.311, 607.313, 607.321, 607.328, 607.332, 607.336, 607.337,
607.338, 607.339 and 607.355.
Be It Enacted by the People of the State of Oregon:
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. + }
SECTION 3. ORS 607.303 is amended to read:
607.303. (1) A person who finds { - livestock - } { + an
estray animal + } unlawfully being permitted to run at large upon
the premises of the person, or premises of which the person has
lawful possession or control, may take up the { - livestock - }
{ + animal + } if the owner
{ - thereof - } { + of the animal + } is known to the person.
(2) A person taking up { - livestock - } { + an animal + }
shall within five days give notice of the taking up by certified
or registered mail addressed to the owner or person having
control of the
{ - livestock - } { + animal + }. The notice shall:
(a) Contain a concise description of the { - livestock - }
{ + animal + }, including marks and brands, if any.
(b) State that the { - livestock - } { + animal + } will be
released to and sold by the State Department of Agriculture as an
estray { + animal + } unless redeemed before { - such - }
sale.
{ - (c) Designate the time and place of sale, as approved by
the department. The sale shall be held not less than 30 days nor
more than 45 days from the date of the taking up. - }
{ + (c) State the date of taking up the animal and that the
department may sell an unclaimed animal not less than 30 days and
not more than 45 days after the date of taking up the animal. + }
(3) A person taking up { - livestock shall within five days
of - } { + an animal shall, no later than five days after + }
giving the notice provided in subsection (2) of this
section { + , + } forward a copy of the notice to the department
or give a copy of the notice to a brand inspector or other agent
of the department.
SECTION 4. ORS 607.304 is amended to read:
607.304. (1) If the owner of { - the livestock - } { + an
estray animal + } does not appear in response to the notice given
under ORS 607.303 (2), the { - livestock shall be delivered - }
{ + person taking up the animal shall deliver the animal + } to
the State Department of Agriculture, at a place designated by the
department, at least 48 hours in advance of the date of
sale { + . + } { - and shall thereafter be sold by - }
{ + The time of sale may not be less than 30 days and not more
than 45 days after the date of taking up the animal. + } The
State Department of Agriculture { + shall sell the animal + } in
accordance with ORS 607.328.
(2) If the owner of the { - livestock - } { + animal + }
does appear, the
{ - livestock shall be delivered - } { + the person taking up
the animal shall deliver the animal + } to the owner or agent if
the owner pays to the person { - taking up the livestock - } ,
before the date of sale:
(a) The cost of taking up the { - livestock - } { +
animal + };
(b) The cost of giving notice;
(c) The cost of keeping the { - livestock - } { +
animal + }; and
(d) The cost of repairing any damage done by the
{ - livestock - } { + animal + } to the property of the person
{ - taking it up - } .
(3) The person taking up the { - livestock, upon delivery
thereof - } { + animal, upon delivering the animal + } to the
owner, shall notify the department { - that such action has
been taken - } { + of the delivery + }.
(4) If the owner is unable to agree with the person taking up
the { - livestock - } { + animal + } as to the amount of the
costs payable to
{ - such person, such owner shall: - }
{ - (a) within five days of the date - } { + the person, no
later than five days after + }the owner is advised of the amount
of { - such costs, - } { + the payable costs, the owner
shall:
(a) + } Pay an arbitration fee of $150 to the department
{ - , - } { + ; and
(b) + } Give written notice to the department and the person
taking up the { - livestock - } { + animal + } that the owner
disagrees with the amount of the costs, { - that the owner
desires arbitration of such disagreement and that the owner
desires the department to furnish the owner with - }
{ + desires arbitration of the disagreement and desires that the
department furnish + } a list of arbitrators { + . + } { - from
which the owner can appoint one arbitrator; and - }
{ - (b) Within five days of the date the owner is furnished
the list of arbitrators, give written notice to the department
and the person taking up the livestock of the name of the person
appointed by the owner as arbitrator from such list. - }
(5) Upon receiving the notice of the owner described in
subsection (4) { - (a) - } of this section, the department
shall furnish to the owner and the person taking up the
{ - livestock - } { + animal + } the names of five arbitrators
selected from the list of qualified persons maintained in
accordance with subsection (10) of this section. { + No later
than five days after receiving the list of arbitrators, the owner
shall give written notice to the department and the person taking
up the animal of the name of the arbitrator appointed by the
owner from the list. No later than five days after receiving the
list of arbitrators, the person taking up the animal shall give
written notice to the department and to the owner of the name of
the arbitrator appointed by the person from the list.
(6) + }Upon receiving the notices of appointment of
arbitrators, as provided in subsection { - (4)(b) and
subsection (6) - } { + (5) + } of this section, the department
shall give written notice to each appointed arbitrator of the
arbitrator's appointment.
{ - (6) Within five days of the date of receiving the list of
arbitrators, the person taking up the livestock shall give
written notice to the department and to the owner of the name of
the person appointed as arbitrator from such list. - }
{ - (7) Upon receiving the notice provided in subsection (5)
of this section, the two arbitrators shall each give the
department written notice of acceptance of such appointment. The
department shall thereafter appoint a third arbitrator and notify
all three arbitrators of such appointment. The third arbitrator
shall give the department written notice of acceptance of such
appointment. - }
{ + (7) Upon receiving notice as provided in subsection (6)
of this section, each of the two arbitrators shall notify the
department in writing whether the arbitrator accepts the
appointment. Upon acceptance of appointment by an arbitrator
appointed by the owner and an arbitrator appointed by the person
taking up the animal, the department shall appoint a third
arbitrator. An acceptance of appointment by the third arbitrator
must be in writing. + }The department shall pay each appointed
arbitrator $50 from the money paid to the department under
subsection (4) of this section for arbitration services. The
three arbitrators shall act as a board of arbitration and may
hear witnesses, take testimony, inspect documents, the
{ - livestock - } { + animal + } and premises and
{ - thereafter render their - } { + may issue a + } decision
as to the amount allowable as costs. { - Such - } { + The + }
decision shall be by majority vote and conclusive as to the owner
and person taking up the { - livestock - } { + animal + }
upon receipt of the decision by the department. Written notice of
{ - such - } { + the + } decision shall be given to the
department, the owner and the person taking up the
{ - livestock within 30 days of - } { + animal no later than
30 days after + } the appointment of the third arbitrator.
(8)(a) If the owner gives the notice { - required by
subsection (4)(a) of this section - } { + to the department and
the person taking up the animal that the owner disagrees with the
amount of the costs + }, but does not { - therein - } indicate
{ + in the notice + } a desire to arbitrate or a desire to have
a list of arbitrators furnished to the owner, the owner's right
to arbitration { - shall be deemed waived and the livestock
shall be delivered to the department, at a place designated by
the department, by the person taking up the livestock. Thereafter
the livestock shall be sold by the department - } { + is waived
and the person taking up the animal shall deliver the animal to
the department at a place designated by the department. The
department shall then sell the animal + } in accordance with ORS
607.328.
(b) If the person taking up the { - livestock fails to give
the notice required by subsection (6) of this section, such
person's right to arbitration shall be deemed waived and the
livestock shall - } { + animal fails to give a notice of
appointment required under subsection (5) of this section, the
person waives the right to arbitration and the animal may + } not
be sold. The owner shall be entitled to the immediate possession
{ - thereof - } { + of the animal + } without payment of any
of the costs described in subsection (2) of this section.
(9) At any time during the arbitration provided for in this
section, the owner of the { - livestock - } { + animal + }
may give written notice to the department and the person taking
up the { - livestock - } { + animal + } of the owner's desire
to regain immediate possession and custody of { - such
livestock - } { + the animal + }. If the owner gives such
notice, and at the same time deposits with the department a cash
deposit in an amount equal to the accrued costs claimed by the
person taking up the { - livestock - } { + animal + } as of
the date { - such - } { + the + } notice is given, the
{ - livestock - } { + animal + } shall be released to the
owner or agent within 48 hours after the giving of { - such - }
notice and cash deposit. The department is authorized to pay the
costs determined by the arbitrators { - pursuant to - } { +
under + } subsection (7) of this section to the person taking up
the { - livestock - } { + animal + } and return the balance,
if any, to the owner.
(10) The department shall establish and maintain a list of
persons qualified by experience and knowledge to act as
arbitrators in accordance with subsection (7) of this section. In
furnishing the names of five arbitrators, as provided in
subsection (5) of this section, the department shall first
determine that none of { - such persons named - } { + the
listed persons + }:
(a) Is related to either the owner or person taking up the
{ - livestock - } { + animal + };
(b) Is, or has been, an agent, employee or business associate
of { - either - } the owner or { + the + } person taking up
the { - livestock - } { + animal + }; or
(c) Has for any reason bias or prejudice { - towards
either - } { + toward + } the owner or { + the + } person
taking up the { - livestock - } { + animal + }.
(11) If { - either - } the owner or { + the + } person
taking up the
{ - livestock - } { + animal + } intentionally fails to
disclose to the department that any of the five arbitrators
{ - furnished to them as provided in - } { + on the list
provided under + } subsection (5) of this section does not meet
the criteria described in subsection (10) of this section, the
department shall upon determining { - such - } { + an + }
intentional failure to disclose:
(a) Declare the arbitrator disqualified and any arbitration
decision previously rendered void and of no effect;
(b) Select a person from { - its - } { + the
department's + } list to replace the disqualified arbitrator; and
(c) Direct { + that + } the arbitration be undertaken with the
newly appointed arbitrator as a member of the board of
arbitration.
SECTION 5. ORS 607.308 is amended to read:
607.308. A person taking up { - livestock - } { + an estray
animal + } of a known owner, { - in lieu - } { + instead + }
of following the procedure established by ORS 607.303 and
607.304, may, within five days after { - the - } taking
up { + the animal + }, deliver the { - livestock - } { +
animal + } and the notice described in ORS 607.313 (1) to the
State Department of Agriculture at a place designated by the
department.
{ - The livestock shall thereafter be disposed of by - } The
department { + shall dispose of the animal + } in accordance
with ORS 607.321 or 607.328.
SECTION 6. ORS 607.311 is amended to read:
607.311. (1) A person who finds an estray { + animal + }upon
the premises of the person or premises of which the person has
lawful possession or control may take up the { - estray - }
{ + animal + }.
(2) { - No person shall - } { + A person may not + }
knowingly take up or retain possession, custody or control of an
estray { + animal + } without giving the notice required by ORS
607.313.
SECTION 7. ORS 607.313 is amended to read:
607.313. (1) Any person taking up an estray { + animal + }
shall, within five days { - thereof - } , give written notice
{ + of the taking up + } to the State Department of Agriculture
{ - of the taking up - } . { - Such - } { + The + } notice
shall include:
(a) A statement of the description of the { - livestock - }
{ + animal + }, including marks and brands or other identifying
characteristics.
(b) The date of the taking up.
(c) The location of the taking up and present location of the
{ - livestock - } { + animal + }.
(2) { - In the event any - } { + If a + } person gives the
notice required by subsection (1) of this section { - , - } but
fails to do so within the time allowed { + , + } { - therein,
such person taking up an estray shall only be entitled to
recover - } { + the person may recover only + } those costs
verified by the department of taking up the { - livestock - }
{ + animal + }, of giving notice { - thereof - } and of
keeping the { - livestock - } { + animal + }, as provided in
ORS 607.304 (2), 607.332 and 607.338 { + , that were + } incurred
within five days immediately preceding the giving of
{ - such - } { + the + } notice { - , but not such costs
incurred prior thereto - } .
SECTION 8. ORS 607.321 is amended to read:
607.321. (1) The State Department of Agriculture, { - when it
receives - } { + upon receiving + } a notice as described in
ORS 607.313, shall attempt to determine the owner of the estray
{ + animal + } from the recorded brand, marks, other identifying
characteristics and other relevant information tending to
establish ownership.
(2) A record of the findings of the department supporting
{ - its - } { + a + } determination of ownership shall be
made and retained by the department for three years.
(3) The department shall have 20 days after { - it receives a
notice described in ORS 607.313 to determine ownership of an
estray. In the event the department determines the owner of the
estray within this time limit, it shall at that time give written
notice to such - } { + receiving a notice described in ORS
607.313 to determine the owner of an estray animal. If the
department determines the owner of the animal within 20 days, the
department shall send written notice to the + } owner and the
person taking up the { - estray - } { + animal + }, at their
last-known addresses { + . + } { - , which - } { + The
notice + } shall contain the matters described in ORS 607.328
(2)(b). If { - such - } { + the + } owner does not appear
and claim the { - estray - } { + animal + } prior to sale, in
accordance with ORS 607.332, the sale shall be carried out as
provided in ORS 607.328.
SECTION 9. ORS 607.328 is amended to read:
607.328. (1) The State Department of Agriculture shall cause
{ - livestock - } { + an estray animal + } to be sold at
public sale { + if + }:
(a) { - In the event the department does not - } { + The
department is unable to + } determine { + in a timely manner + }
the owner of { - an estray pursuant to - } { + the animal
under + }ORS 607.321;
(b) { - In the event livestock - } { + The estray
animal + } of a known owner is delivered to { - it pursuant
to - } { + the department under + }ORS 607.304 (1) or (8); or
(c) { - In the event livestock - } { + The estray
animal + } of a known owner is delivered to { - it pursuant
to - } { + the department under + } ORS 607.308, and sale
{ - thereof - } { + of the animal + } is required because of
the owner's failure to appear and claim the { - livestock - }
{ + animal + } as provided in ORS 607.332.
(2) Prior to the holding of any public sale, as provided in
subsection (1) of this section, the department shall:
(a) Designate a time and place of public sale { + . + } { - ,
which - } { + Subject to any other sale date restrictions, the
sale + } shall be held not less than five days after
{ - receiving - } { + the department receives + } the notice
of taking up.
(b) Cause a notice of { - such - } { + the + } public sale
to be given by posting a written or printed notice of the time
and place of sale, a description of the { - livestock - } { +
animal + } and that such sale shall take place if the
{ - livestock - } { + animal + } is not claimed by the owner
{ - thereof - } prior to the sale. { - Said - } { +
The + } posting shall be in two public places of the county where
the { - livestock - } { + animal + } was taken up for not
less than 48 hours prior to the date of sale. If the department
is satisfied that adequate notice has been given an owner
pursuant to ORS 607.303 (2), notice need not be posted.
SECTION 10. ORS 607.332 is amended to read:
607.332. (1) If the owner of { - livestock - } { + an
estray animal + } appears and claims { - it - } { + the
animal + } prior to sale, the owner shall pay to the State
Department of Agriculture all costs described in ORS 607.337 (1)
and, except as limited by ORS 607.313 (2), shall pay to the
person taking up the { - livestock all - } { + animal all
accrued + } costs described in ORS 607.304 (2) { - which have
accrued theretofore - } . Upon such payment, the { - livestock
shall be released - } { + department shall release the
animal + } to the owner or the agent of the owner. Except as
provided in subsection (2) of this section, if the owner fails to
pay the costs, the sale shall be carried out in accordance with
ORS 607.328.
(2) If the owner is unable to agree with the person taking up
the { - livestock - } { + animal + } as to the amount of the
costs payable to
{ - such person, such owner and person taking up - } { + the
person, the owner and the person + }shall proceed with
arbitration of { - such - } { + the + } disagreement as
provided by ORS 607.304 (4) to (10).
SECTION 11. ORS 607.336 is amended to read:
607.336. The purchaser of { - livestock - } { + an
animal + } sold in accordance with ORS 607.328 shall have clear
and absolute title to
{ - such livestock - } { + the animal + }.
SECTION 12. ORS 607.337 is amended to read:
607.337. (1) All costs incurred by the State Department of
Agriculture in the taking up and sale of an estray { + animal
+ }shall be paid from the { + sale + } proceeds
{ - thereof - } in the following priority:
(a) Cost of publication of notice.
(b) Cost of the sale.
(c) Cost of transportation of the { - estray - } { +
animal + } to the point of sale.
(d) Reasonable cost of feed and care prior to sale.
(e) All other costs including the time and mileage of the
employees of the department.
(2) If the proceeds of the sale are inadequate to pay all of
the costs mentioned in subsection (1) of this section, the
department shall pay the deficiency.
(3) Subject to ORS 607.338 (1) and (3), any balance remaining
from the proceeds of sale shall be transmitted to the
department { + . + }
{ - which shall deposit it - } { + The department shall
deposit the proceeds balance + } in the Department of Agriculture
Account in the General Fund. Proceeds so deposited shall be held
in such account for a period of one year subject to claim by the
owner.
(4) If the owner fails to establish the right of the owner to
the proceeds of sale within one year, all right, title and claim
thereto shall be transferred to the department to expend and use
in carrying out this chapter and ORS chapter 604. { - Proceeds
now being held by the department as the result of sale of estrays
are subject to this subsection. - }
SECTION 13. ORS 607.338 is amended to read:
607.338. (1) If the State Department of Agriculture sells
{ - livestock pursuant to ORS 607.328, it shall - } { + an
estray animal under ORS 607.328, the department shall first
recover + } from the proceeds of the sale { - first reimburse
itself for - } the costs described in ORS 607.337 (1), and from
{ - the balance, if any, - } { + any balance remaining + } pay
to the person taking up the { - livestock - } { + animal + }
the costs described in ORS 607.304 (2), except as limited by ORS
607.308, 607.313 (2) and subsection (2) of this section.
{ - (2) If the department sells livestock pursuant to ORS
607.328 which has been delivered to it pursuant to ORS 607.304
(1), it shall allow to the person taking up the livestock only
reasonable costs, and the department's determination of the
reasonableness thereof shall be final. - }
{ + (2) If the department sells under ORS 607.328 an estray
animal that was delivered to the department under ORS 607.304
(1), the department shall allow to the person taking up the
animal only reasonable costs. The department's determination of
reasonable costs shall be final. + } However, the department may,
upon written request of the person taking up the
{ - livestock - } { + animal + }, submit the question of the
amount of reasonable costs to arbitration. { - In such
event - } { + If the question is submitted to arbitration + },
the department shall furnish to the person taking up the
{ - livestock - } { + animal + } the names of five arbitrators
selected from the list of qualified persons maintained in
accordance with ORS 607.304 (10), and the person taking up the
{ - livestock - } { + animal + }shall appoint one arbitrator
from { - such - } { + the + } list within five days of
receiving
{ - such - } { + the + } list. The department shall
{ - thereafter - } { + then + } appoint one arbitrator and the
two arbitrators shall jointly appoint a third arbitrator from
{ - such - } { + the + } list. { - Written notice of the
appointment of such third arbitrator shall be given by such two
arbitrators to the department and the person taking up the
livestock within five days of the date they are furnished such
list - } { + The two arbitrators shall give written notice of
the appointment of the third arbitrator to the department and the
person taking up the animal no later than five days after
receiving the list + }. The three arbitrators shall act as a
board of arbitration and may hear witnesses, take testimony,
inspect documents, the { - livestock - } { + animal + } and
the premises and { - thereafter render their - } { + issue
a + } decision as to the amount of reasonable costs.
{ - Their - } { + The + } decision { + of the arbitrators + }
shall be final. Written notice of { - such - } { + the + }
decision shall be given to the department and the person taking
up the { - livestock within 30 days of - } { + animal no
later than 30 days after + } the appointment of the third
arbitrator. The person taking up the { - livestock - } { +
animal + } shall pay an arbitration fee of $150 to the department
at the time of submitting the written request for arbitration,
from which the department shall pay each appointed arbitrator $50
for arbitration services.
(3) Any balance remaining from the proceeds of the sale after
the department has reimbursed itself and has paid the costs of
the person taking up the { - livestock - } { + animal + }
shall be paid to the owner of the { - livestock - } { +
animal + }. If the owner fails to establish the right to the
remaining proceeds within one year after the sale, all rights
{ - thereto - } { + to the proceeds + } shall vest in the
department to use in carrying out the provisions of this chapter
and ORS chapter 604.
(4) { - Nothing contained in this section is intended to - }
{ + This section does not + } require the department to pay the
costs of the person taking up the { - livestock - } { +
animal + } if the proceeds of the sale { - thereof - } { + of
the animal + } are not sufficient to pay { - such - } { +
those + } costs.
SECTION 14. ORS 607.339 is amended to read:
607.339. Except for gross negligence the State Department of
Agriculture { - shall not be - } { + is not + } liable for
the payment of the proceeds of sale or return of custody of an
estray { + animal + } to a person claiming to be the true owner
of { - such estray - } { + the animal + }.
SECTION 15. ORS 607.355 is amended to read:
607.355. All animals held in violation of ORS 607.345 or
607.350 shall be considered { - estrays - } { + estray
animals + }. The nearest stock inspector, { - as soon as the
stock inspector has knowledge thereof, shall cause them to be
disposed of as estrays under the estray - } { + upon learning
of the violation, shall cause the animals to be disposed of as
estray animals under the + }laws in force in the stock
inspector's county or district.
SECTION 16. ORS 604.056 is amended to read:
604.056. (1) The State Department of Agriculture may detain,
seize or embargo hides or livestock in carrying out and enforcing
the provisions of ORS 561.144, 577.512, 599.205, 599.269,
599.273, 599.610, 603.015, 603.034, 603.075 to 603.095, 603.992,
604.005 to 604.071, 604.640, 604.650 and 604.992 relating to the
ownership or right to possession of livestock. Recognizing that
the provisions of ORS 561.605 to 561.620 relating to the
departmental procedures for detaining, seizing or embargoing
commodities are not readily applicable to livestock, the
following shall apply whenever the department detains, seizes or
embargoes hides or livestock under the provisions of ORS 561.144,
577.512, 599.205, 599.269, 599.273, 599.610, 603.015, 603.034,
603.075 to 603.095, 603.992, 604.005 to 604.071, 604.640, 604.650
and 604.992:
(a) The department shall issue its written notice of detention,
seizure or embargo to the person in possession of the hides or
livestock, directing them to be held subject to further order of
the department and any detention, seizure or embargo shall be
subject to the contested case provisions of ORS chapter 183. The
issuance of a notice of detention, seizure or embargo to a
livestock carrier shall relieve such carrier from liability for
any loss or damage resulting from the detention, seizure or
embargo.
(b) If the department cannot determine from its investigation
who is the owner or person entitled to possession of hides or
livestock, it may handle and dispose of the hides and livestock
in the same manner as provided for the handling and disposition
of estray { - livestock - } { + animals + } under ORS chapter
607. In the event the livestock is determined by an assistant
state veterinarian or deputy state veterinarian to be diseased,
disabled or dying so as to be unsalable, the department may order
its immediate condemnation in lieu of handling and disposition
under ORS chapter 607, and any salvage value recovered by the
department from the sale of carcasses or hides shall be disposed
of in the same manner as impounded sales proceeds of an unknown
owner under subsection (2) of this section.
(c) During an investigation to determine the owner or person
entitled to possession of hides or livestock, the department may
authorize the hides or livestock to be moved and retained in
another location, but the hides or livestock shall not be moved
therefrom without a written order issued by the department and
then shall only be moved or handled in accordance with the terms
of such order.
(d) If the hides or livestock are brand inspected at a
livestock auction market, slaughtering establishment or other
sales facility where the hides or livestock are destined for
sale, the department may permit the sale of the hides or
livestock and impound the proceeds of the sale in lieu of
detaining, seizing or embargoing the hides or livestock. After
the department impounds the sales proceeds, the department shall
issue a written notice of impoundment to the seller of the hides
or livestock, directing that the sales proceeds remaining after
the seller has deducted sales charges be retained by the seller
subject to further order of the department for up to 15 days, at
which time the sales proceeds shall be remitted by the seller to
the department. The sales proceeds received by the department
from the seller are not public funds of the state but rather are
held by the department in trust for the person determined to be
the owner or entitled to possession of the hides or livestock
sold.
(2) If the department impounds sales proceeds under subsection
(1)(d) of this section, the department shall give written notice
of the impoundment to all known claimants to the sales proceeds,
hides or livestock at the last-known addresses thereof, and set
forth that the sales proceeds shall be subject to proof of claim
for a period of 60 days from the date of the notice of
impoundment, during which the claimants may submit their proofs
of claim to the department. Within 30 days after expiration of
the time within which proofs of claim may be submitted, the
department shall review the data submitted, investigate the
claims and render a written notice of determination to the
persons having submitted proofs of claim. The determination of
the department shall be a final order and subject to judicial
review under ORS 183.484, and if there is more than one claimant,
payment of sales proceeds may not be made until the expiration of
the time within which judicial review may be had. Any impounded
sales proceeds that cannot be paid to persons under this section
within one year of impoundment cease to be trust funds and become
part of the state's public funds continuously appropriated to the
department for carrying out the provisions of ORS 561.144,
577.512, 599.205, 599.269, 599.273, 599.610, 603.015, 603.034,
603.075 to 603.095, 603.992, 604.005 to 604.071, 604.640, 604.650
and 604.992.
SECTION 17. { + The amendments to ORS 604.056, 607.007,
607.300, 607.303, 607.304, 607.308, 607.311, 607.313, 607.321,
607.328, 607.332, 607.336, 607.337, 607.338, 607.339 and 607.355
by sections 1 to 16 of this 2009 Act apply for estray animals
that a person takes up on or after the effective date of this
2009 Act. + }
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