Bill Text: OR HB3006 | 2011 | Regular Session | Engrossed


Bill Title: Relating to dairy animals.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3006 Detail]

Download: Oregon-2011-HB3006-Engrossed.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1849

                           A-Engrossed

                         House Bill 3006
                  Ordered by the House March 28
            Including House Amendments dated March 28

Sponsored by Representative GILLIAM

                             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.

  Creates   { - Independent Multidisciplinary - }  Dairy Animal
Welfare Board. Establishes duties of board.

                        A BILL FOR AN ACT
Relating to dairy animals.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in this section and sections 2 and 3 of
this 2011 Act:
  (1) 'Confined animal feeding operation' has the meaning given
that term in ORS 468B.205.
  (2) 'Dairy animal' means an animal that is commercially raised
for milk production purposes and is housed in a confined animal
feeding operation. + }
  SECTION 2.  { + (1) There is established the Dairy Animal
Welfare Board. The State Veterinarian shall serve as chairperson
of the board. In addition to the State Veterinarian, the board
shall have not more than five members appointed by the Director
of Agriculture.
  (2) The appointed members of the board must be residents of
this state who are well-informed on scientific or veterinary
principles regarding dairy animal care, welfare and husbandry and
recognized agricultural practices affecting dairy animals.
  (3) The term of office of each appointed member is two years,
but an appointed member serves at the pleasure of the director.
Members are eligible for reappointment. The appointment of a
member by the director shall be after consultation with, and is
subject to confirmation by, the State Board of Agriculture.
  (4) A majority of the members of the Dairy Animal Welfare Board
constitutes a quorum for the transaction of business.
  (5) If requested by a person, group, commission or state agency
or by a local government as defined in ORS 174.116, the board
shall meet as necessary to perform board duties described in
section 3 of this 2011 Act. The board may meet at other times and
places as specified by the call of the chairperson or of a
majority of the members of the board for the purpose of
performing board duties described in section 3 of this 2011 Act.
  (6) The State Department of Agriculture shall provide
administrative support to the board.
  (7) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495. Payment of compensation and
expenses of the board shall be from funds available to the
department. + }
  SECTION 3.  { + (1) The Dairy Animal Welfare Board may submit
to the Legislative Assembly comments that are based on the most
recent scientific data of accepted animal husbandry practices
existing at the time. The comments may include, but need not be
limited to, comments regarding the potential impacts on dairy
animal care and welfare and on the safety of human dairy food
supplies of:
  (a) Legislation dealing with dairy animal care, welfare or
husbandry or with agricultural practices affecting dairy animals;
  (b) Proposed or adopted administrative rules dealing with dairy
animal care, welfare or husbandry or with agricultural practices
affecting dairy animals;
  (c) Ballot measures certified to the ballot dealing with dairy
animal care, welfare or husbandry or with agricultural practices
affecting dairy animals; and
  (d) Decisions of the Supreme Court or the Court of Appeals that
may have a significant effect on laws or rules regarding dairy
animal care, welfare or husbandry or on agricultural practices
affecting dairy animals.
  (2) If the board submits comments under subsection (1) of this
section regarding the potential impacts of legislation, a
proposed or adopted rule or a certified ballot measure, the board
shall attempt to develop and provide with the comments an
assessment of the likely economic impact of the legislation, rule
or ballot measure on the dairy industry.
  (3) The board shall act as an independent scientific peer
review panel for state agencies that are responsible for
regulating dairy animal care and welfare or regulating confined
animal feeding operations that house dairy animals. If the board
submits a suggestion to a state agency regarding the regulation
of dairy animal care and welfare or the regulation of confined
animal feeding operations that house dairy animals, the agency
shall respond in writing to the board regarding the suggestion.
If the state agency intends to implement a suggestion submitted
by the board, the agency response shall include, but need not be
limited to, a description of how the agency intends to accomplish
implementation of the suggestion. If the state agency does not
intend to implement a suggestion submitted by the board, the
agency response shall include, but need not be limited to, the
reasons that the agency does not intend to implement the
suggestion.
  (4) The board shall provide advisory services as requested by
legislative committees. However, the board may not submit
proposals for legislation.
  (5) In carrying out duties under this section, the board shall
operate under guidelines and practices that are generally
accepted by the scientific community as appropriate for use by
independent science boards. + }
  SECTION 4.  { + Notwithstanding the term of office specified by
section 2 of this 2011 Act, the Director of Agriculture may
adjust the term of members first appointed to the Dairy Animal
Welfare Board to reduce the disruption of board functions when
member terms expire. + }
  SECTION 5.  { + The State Department of Agriculture may adopt
rules to recover from a person, group, commission or state agency
or from a local government as defined in ORS 174.116 any member
compensation or other expenses incurred by the department due to
a meeting of the Dairy Animal Welfare Board that was requested by
the person, group, commission, state agency or local
government. + }
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