Bill Text: OR HB4053 | 2012 | Regular Session | Introduced
Bill Title: Relating to assistance animals; declaring an emergency.
Sponsorship: Bipartisan Bill
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4053 Detail]
Download: Oregon-2012-HB4053-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 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 270
House Bill 4053
Sponsored by Representative THOMPSON; Representatives BARKER,
BARNHART, BREWER, HOYLE, KRIEGER, SCHAUFLER, WHISNANT, Senators
ATKINSON, BATES, NELSON (Presession filed.)
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 as
introduced.
Modifies types of animals qualifying as assistance animals for
purposes of accessing places of public accommodation and modes of
transportation and for purposes of cause of action for harm to
assistance animal. Eliminates redundant provisions addressing
assistance animals for persons with visual or hearing
impairments. Modifies definitions for purposes of offense
involving interference with assistance animal. Modifies
definition for assistance animal exemption from licensing.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to assistance animals; creating new provisions; amending
ORS 90.390, 167.352, 346.685, 346.687, 346.690, 346.991 and
609.105; repealing ORS 346.610, 346.620, 346.630, 346.640,
346.650, 346.660 and 346.680; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2012 Act is added to and made
a part of ORS 346.680 to 346.690. + }
SECTION 2. { + As used in ORS 346.680 to 346.690:
(1) 'Assistance animal':
(a) Except as provided in paragraph (b) of this subsection,
means a dog that is individually trained to do work or perform
tasks for the benefit of a person with a physical or mental
impairment.
(b) Means, to the extent that reasonable modifications can be
made, a miniature horse that is individually trained to do work
or perform tasks for the benefit of a person with a physical or
mental impairment.
(2) 'Assistance animal trainee' means a dog or, to the extent
that reasonable modification can be made, a miniature horse that
is undergoing training to do work or perform tasks directly
related to a physical or mental impairment.
(3) 'Major life activities' means functions such as self-care,
performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning and working.
(4) 'Mode of transportation' means any mode of transportation
operating within this state.
(5) 'Person with a physical or mental impairment' means a
person who has, has a record of having, or is regarded as having,
a physical or mental impairment that requires the use of an
assistance animal.
(6) 'Physical or mental impairment' means a physical, sensory,
psychiatric or intellectual or other mental disorder that affects
one or more major life activities of a person.
(7) 'Public accommodation,' except as provided in this
subsection, means a place of public accommodation as defined in
ORS 659A.400, including, but not limited to, educational
institutions, airlines and restaurants. However, the exception
stated in ORS 659A.400 (2) is not an exception under ORS 90.390
and 346.680 to 346.690.
(8) 'Reasonable modification' means a change in policies,
practices or procedures that a public accommodation or mode of
transportation can practicably make to allow access by a
miniature horse assistance animal, taking into consideration the
type, size and weight of the horse, the ability of the public
accommodation or mode of transportation to accommodate the horse,
the handler's control over the horse, whether the horse is
housebroken and whether the presence of the horse compromises
legitimate safety concerns necessary for safe operation. + }
SECTION 3. ORS 346.685 is amended to read:
346.685. (1) A person with a physical { + or mental + }
impairment
{ - has - } { + may not be denied + }the right to have an
assistance animal with the person, and a trainer { - has - }
{ + may not be denied + } the right to have an assistance
animal or assistance animal trainee with the trainer, in any
{ - place of - } public accommodation or on any mode of
transportation so long as the person or trainer controls the
behavior of the animal.
(2) A trainer or a person with a physical { + or mental + }
impairment { - is - } { + may + } not { + be + } required to
pay an additional fee or admission charge for the assistance
animal { + or assistance animal trainee + }.
(3) The assistance animal shall be allowed to accompany
{ - its owner - } { + the person with a physical or mental
impairment + } in an ambulance or other mode of transportation in
the event of a medical emergency. If the { - owner - }
{ + person + } is unconscious, the assistance animal shall be
placed in an emergency veterinary clinic until the person regains
consciousness and can make arrangements for the animal, or a
relative responsible for the injured person is contacted and can
make arrangements for the animal, or until the injured person
dies, in which case the authorities will attempt to contact the
school, where the animal was trained, for further action.
(4) A trainer or a person with a physical { + or mental + }
impairment is liable for any damages done to a { - place of - }
public accommodation or to any mode of transportation by the
assistance animal.
SECTION 4. ORS 346.687 is amended to read:
346.687. (1) In addition to and not in lieu of any other
penalty provided by state law, a person with a physical { + or
mental + } impairment who uses an assistance animal or the owner
of an assistance animal may bring an action for economic and
noneconomic damages against any person who steals or, without
provocation, attacks the assistance animal. The person with a
physical { + or mental + } impairment or { + the + } owner may
also bring an action for such damages against the owner of any
animal that, without provocation, attacks an assistance animal.
The action authorized by this subsection may be brought by the
person with a physical { + or mental + } impairment or
{ + the + } owner even if the assistance animal was in the
custody or under the supervision of another person when the theft
or attack occurred.
(2) If the theft of or unprovoked attack on an assistance
animal described in subsection (1) of this section results in the
death of the animal or the animal is not returned or if injuries
sustained in the theft or attack prevent the animal from
returning to service as an assistance animal, the measure of
economic damages shall include, but need not be limited to, the
replacement value of an equally trained assistance animal,
without any differentiation for the age or the experience of the
animal. In addition, the person with a physical { + or
mental + } impairment or { + the + } owner may recover any other
costs and expenses, including, but not limited to, costs of
temporary replacement assistance services, whether provided by
another assistance animal or a person, incurred as a result of
the theft of or injury to the animal.
(3) If the theft of or unprovoked attack on an assistance
animal described in subsection (1) of this section results in
injuries from which the animal recovers and returns to service,
or if the animal is stolen but is recovered and returns to
service, the measure of economic damages shall include, but need
not be limited to, the veterinary medical expenses, costs of
temporary replacement assistance services, whether provided by
another assistance animal or a person, and any other costs and
expenses incurred by the person with a physical { + or
mental + } impairment or { + the + } owner as a result of the
theft of or injury to the animal.
(4) A cause of action does not arise under this section if the
person with a physical { + or mental + } impairment,
{ + the + } owner or the person having custody or supervision of
the assistance animal was committing a criminal or civil trespass
at the time of the theft of or attack on the assistance animal.
(5) The court shall award reasonable attorney fees to the
prevailing plaintiff in an action under this section. The court
may award reasonable attorney fees and expert witness fees
incurred by a defendant who prevails in the action if the court
determines that the plaintiff had no objectively reasonable basis
for asserting a claim or no objectively reasonable basis for
appealing an adverse decision of a trial court.
SECTION 5. ORS 346.690 is amended to read:
346.690. (1) A landlord, as defined in ORS 90.100, may not
refuse to rent a dwelling unit, as defined in ORS 90.100, to a
person with a physical { + or mental + } impairment on the basis
of the person's use or possession of an assistance animal.
(2) A person with a physical { + or mental + } impairment has
a cause of action to recover compensatory damages or $200,
whichever is greater, from any landlord who refuses to rent a
dwelling unit, or who charges additional rent, on the basis of
the person's use or possession of an assistance animal. The court
shall award reasonable attorney fees to the prevailing plaintiff
in an action under this section. The court may award reasonable
attorney fees and expert witness fees incurred by a defendant who
prevails in the action if the court determines that the plaintiff
had no objectively reasonable basis for asserting a claim or no
objectively reasonable basis for appealing an adverse decision of
a trial court.
(3) A person with a physical { + or mental + } impairment may
not be required to pay a fee or deposit for an assistance animal.
(4) A person with a physical { + or mental + } impairment is
liable for any damages done to the dwelling unit by the
assistance animal.
SECTION 6. ORS 346.991 is amended to read:
346.991. Violation of ORS 346.167, { - 346.620 (1) or (2),
346.650 or 346.660 or any of the provisions of ORS 346.680 to - }
{ + 346.685 or + } 346.690 is a Class C misdemeanor.
SECTION 7. ORS 90.390 is amended to read:
90.390. (1) A landlord may not discriminate against a tenant in
violation of local, state or federal law, including ORS
{ - 346.630, 346.660, - } 346.690, 659A.145 and 659A.421.
(2) If the tenant can prove that the landlord violated
subsection (1) of this section, the tenant has a defense in any
discriminatory action brought by the landlord against the tenant
for possession, unless the tenant is in default in rent.
(3) A tenant may prove a landlord's discrimination in violation
of ORS 659A.145 or 659A.421 by demonstrating that a facially
neutral housing policy has a disparate adverse impact, as
described in ORS 659A.425, on members of a protected class.
(4) A landlord may not discriminate against an applicant solely
because the applicant was a defendant in an action for possession
pursuant to ORS 105.105 to 105.168 that was dismissed or that
resulted in general judgment for the defendant prior to the
application. This subsection does not apply if the prior action
has not resulted in a dismissal or general judgment at the time
of the application. If the landlord knowingly acts in violation
of this subsection, the applicant may recover actual damages or
$200, whichever is greater.
SECTION 8. ORS 167.352 is amended to read:
167.352. (1) A person commits the crime of interfering with an
assistance, a search and rescue or a therapy animal if the person
intentionally or knowingly:
(a) Injures or attempts to injure an animal the person knows or
reasonably should know is an assistance animal, a search and
rescue animal or a therapy animal;
(b) Interferes with an assistance animal while the assistance
animal is being used to provide assistance to a person with a
physical { + or mental + } impairment; or
(c) Interferes with a search and rescue animal or a therapy
animal while the animal is being used for search and rescue or
therapy purposes.
(2) As used in this section, 'assistance animal' and ' person
with a physical { + or mental + } impairment' have the meanings
given those terms in { - ORS 346.680 - } { + section 2 of
this 2012 Act + }.
(3) As used in this section and ORS 30.822:
(a) 'Search and rescue animal' means that the animal has been
professionally trained for, and is actively used for, search and
rescue purposes.
(b) 'Therapy animal' means that the animal has been
professionally trained for, and is actively used for, therapy
purposes.
(4) Interfering with an assistance, a search and rescue or a
therapy animal is a Class A misdemeanor.
SECTION 9. ORS 609.105 is amended to read:
609.105. Notwithstanding ORS 609.015 or 609.100, a county or
city shall not charge a fee to license a dog used as an
assistance animal as defined in { - ORS 346.680 - } { +
section 2 of this 2012 Act + }.
SECTION 10. { + ORS 346.610, 346.620, 346.630, 346.640,
346.650, 346.660 and 346.680 are repealed. + }
SECTION 11. { + (1) Section 2 of this 2012 Act, the amendments
to ORS 90.390, 167.352, 346.685, 346.687, 346.690, 346.991 and
609.105 by sections 3 to 9 of this 2012 Act and the repeal of ORS
346.610, 346.620, 346.630, 346.640, 346.650, 346.660 and 346.680
by section 10 of this 2012 Act apply to events occurring on or
after the effective date of this 2012 Act. Section 2 of this 2012
Act, the amendments to ORS 90.390, 346.685, 346.687, 346.690 and
346.991 by sections 3 to 7 of this 2012 Act and the repeal of ORS
346.610, 346.620, 346.630, 346.640, 346.650, 346.660 and 346.680
by section 10 of this 2012 Act do not affect any cause of action
for violations of ORS 90.390, 346.620, 346.630, 346.650, 346.660,
346.685 or 346.690 occurring prior to the effective date of this
2012 Act or any action to recover damages under ORS 346.687 based
on actions occurring prior to the effective date of this 2012
Act.
(2) A violation of ORS 167.352 occurring prior to the effective
date of this 2012 Act is subject to prosecution to the extent
provided under ORS 167.352 and 346.680 as set forth in the 2011
Edition of Oregon Revised Statutes.
(3) A county or city is not required to refund a license fee
charged to a person prior to the effective date of this 2012 Act
for an assistance animal that was not exempt from licensing fees
under ORS 609.105 as set forth in the 2011 Edition of Oregon
Revised Statutes. + }
SECTION 12. { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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