Bill Text: OR HB3111 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to domestic animals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-06-17 - Chapter 399, (2011 Laws): Effective date January 1, 2012. [HB3111 Detail]

Download: Oregon-2011-HB3111-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 3111

Sponsored by Representative BARKER

                     CHAPTER ................

                             AN ACT

Relating to domestic animals; creating new provisions; and
  amending ORS 87.172.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + (1) As used in this section:
  (a) 'Domestic animal' means an animal that has a keeper and is
not livestock.
  (b) 'Keeper' means the owner of a domestic animal or an agent
of the owner who has apparent authority to secure care for the
domestic animal.
  (c) 'Livestock' means equines, bovines, llamas, alpacas, sheep,
goats and swine, and chickens, turkeys and other domesticated
fowl.
  (2) A veterinary facility may provide for the removal of a
domestic animal from the facility if the keeper does not retake
possession of the domestic animal. Prior to the removal of a
domestic animal under this section, the veterinary facility must
send the keeper a letter by certified mail notifying the keeper
that the domestic animal will be removed from the facility if the
keeper does not arrange to retake possession of the domestic
animal. The letter must be addressed to the last address for the
keeper known to the veterinary facility.
  (3) If the keeper does not contact the veterinary facility and
arrange to retake possession of the domestic animal, the facility
may provide for removal of the domestic animal four or more days
after the keeper has received or refused delivery of the letter
sent under subsection (2) of this section, as evidenced by the
certified mail receipt or upon the return of the letter as
undeliverable. If the keeper contacts the veterinary facility but
fails to retake possession of the domestic animal as arranged,
the facility may provide for removal of the domestic animal four
or more days after the date on which the keeper fails to retake
possession of the domestic animal. The removal of a domestic
animal under this section may:
  (a) Be by means of placing the domestic animal with a rescue
group or animal shelter;
  (b) Be by means of adopting out the domestic animal; or
  (c) If the removal cannot reasonably be performed under
paragraph (a) or (b) of this subsection, be by means of humanely
euthanizing the domestic animal.
  (4) A veterinary facility providing for the removal of a
domestic animal under this section shall keep a record of the
date and method of removal of the domestic animal, including but

Enrolled House Bill 3111 (HB 3111-A)                       Page 1

not limited to contact information for any person or entity
taking possession of the domestic animal from the facility.
  (5) The Oregon State Veterinary Medical Examining Board may
adopt rules governing veterinary facility removal of a domestic
animal under this section. + }
  SECTION 2. ORS 87.172 is amended to read:
  87.172. (1) Except as otherwise provided in this section, a
person claiming a lien under ORS 87.152 to 87.162 must retain the
chattel that is subject to the lien for at least 60 days after
the lien attaches to the chattel before foreclosing the lien.
  (2)  { + Except as otherwise provided in this subsection, + } a
person claiming a lien under ORS 87.152 for cost of care,
materials and services bestowed on an animal must retain the
animal for at least 30 days after the lien attaches to the animal
before foreclosing the lien.   { - If the animal is a dog or cat,
the period shall be at least 15 days. - }   { + If the lien is
for veterinary services to a domestic animal, the person must
retain the animal for at least five days after the lien attaches
to the animal before foreclosing the lien. As used in this
subsection, 'domestic animal' means an animal that is not
livestock as defined in ORS 72.1030 and for which the veterinary
services were requested by an owner or other person with apparent
authority regarding care of the animal. + }
  (3) A person claiming a lien under ORS 87.152 for the cost of
removing, towing or storage of a vehicle that is appraised by a
person who holds a certificate issued under ORS 819.480 to have a
value of:
  (a) $1,000 or less but more than $500, must retain the vehicle
at least 30 days after the lien attaches to the vehicle before
foreclosing the lien.
  (b) $500 or less, must retain the vehicle at least 15 days
after the lien attaches to the vehicle before foreclosing the
lien.
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Passed by House April 29, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate May 26, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 3111 (HB 3111-A)                       Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 3111 (HB 3111-A)                       Page 3