Bill Text: OR HB4021 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to humane special agents; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-03-27 - Chapter 67, (2012 Laws): Effective date March 27, 2012. [HB4021 Detail]

Download: Oregon-2012-HB4021-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

HA to HB 4021

LC 119/HB 4021-5

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 4021

                    By COMMITTEE ON JUDICIARY

                           February 15

  On page 1 of the printed bill, line 2, delete '133.721,'.
  In line 3, delete '133.726,' and delete '165.535,'.
  In line 10, delete 'and'.
  Delete lines 11 through 15 and insert:
  ' (b) The superintendent determines that the employee is fit
and qualified to perform the duties of a humane special agent;
  ' (c) The humane investigation agency agrees in writing to save
harmless and indemnify the State of Oregon and its officers,
employees and agents from and against any tort claim or demand,
whether groundless or otherwise, arising out of an alleged act or
omission of the employee or the humane investigation agency, that
relates to or results from the authority granted by the
commission; and
  ' (d) The humane investigation agency furnishes to the
superintendent a copy of an insurance policy, purchased and
maintained by the humane investigation agency, that the
superintendent determines is sufficient to satisfy any tort claim
or demand described in paragraph (c) of this subsection.'.
  Delete lines 28 through 30.
  On page 2, delete lines 1 through 8 and insert:
  ' (4) Except as otherwise provided in subsection (3) of this
section, an employee of a humane investigation agency
commissioned under this section holds the commission at the
pleasure of the superintendent. The superintendent may suspend or
revoke a commission granted under this section at any time for
good cause, as determined by the superintendent. If the
superintendent revokes a commission granted under this section,
the employee of the humane investigation agency is entitled only
to an informal opportunity to be heard by the superintendent, for
the purposes of explaining any factual circumstances related to
the revocation and attempting to persuade the superintendent to
reverse the decision to revoke the commission.
  ' (5) Humane special agents commissioned under this section
serve at the expense of the humane investigation agency employing
the agent.
  ' (6) The superintendent may adopt rules to carry out the
provisions of this section. The rules may include a description
of the circumstances in which a humane special agent is
prohibited from carrying a firearm while engaged in the
enforcement of animal welfare laws.
  ' (7) As used in this section:
  ' (a) 'Animal welfare laws' means:
  ' (A) ORS 167.310 to 167.351, 167.352, 167.355, 167.360 to
167.372, 167.374, 167.376, 167.385, 167.388, 167.390 and 167.426
to 167.439; and
  ' (B) ORS 164.043, 164.045, 164.055, 164.057, 164.075, 164.345,
164.354 and 164.365, if the subject of the crime is an animal.'.
  Delete lines 15 through 18.
  In line 19, delete '(3)' and insert '(2)'.
  Delete lines 24 through 27.
  In line 28, delete '(5)' and insert '(3)'.
  On page 4, delete lines 29 through 45.
  Delete pages 5 through 9.
  On page 10, delete lines 1 through 6.
  In line 7, delete '11' and insert '7'.
  In line 28, delete '12' and insert '8'.
  On page 11, line 3, delete '13' and insert '9'.
  In line 38, delete '14' and insert '10'.
  On page 12, delete lines 27 through 45.
  On page 13, delete lines 1 through 22.
  In line 23, delete '17' and insert '11'.
  On page 14, line 21, delete '18' and insert '12'.
  On page 15, line 18, delete '19' and insert '13'.
  On page 17, line 35, delete '20' and insert '14'.
  On page 20, line 4, delete '21' and insert '15'.
  In line 44, delete '22' and insert '16'.
  On page 21, line 28, delete '23' and insert '17'.
  On page 22, line 1, delete '22' and insert '18'.
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