Bill Text: OR SB610 | 2013 | Regular Session | Enrolled
Bill Title: Relating to assistance animals; and declaring an emergency.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-07-03 - Effective date, June 26, 2013. [SB610 Detail]
Download: Oregon-2013-SB610-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 610
Sponsored by Senators KRUSE, MONNES ANDERSON, SHIELDS
CHAPTER ................
AN ACT
Relating to assistance animals; creating new provisions; amending
ORS 90.390, 167.352, 346.687, 346.991, 609.105 and 659A.400;
repealing ORS 346.610, 346.620, 346.630, 346.640, 346.650,
346.660, 346.680, 346.685 and 346.690; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2013 Act are added to
and made a part of ORS 659A.103 to 659A.145. + }
SECTION 1a. { + ORS 346.687 is added to and made a part of ORS
chapter 659. + }
SECTION 2. { + As used in this section and section 3 of this
2013 Act:
(1) 'Assistance animal' means a dog or other animal designated
by administrative rule that has been individually trained to do
work or perform tasks for the benefit of an individual.
(2) 'Assistance animal trainee' means an animal that is
undergoing a course of development and training to do work or
perform tasks for the benefit of an individual that directly
relate to the disability of the individual.
(3) 'Assistance animal trainer' means an individual exercising
care, custody and control over an assistance animal trainee
during a course of training designed to develop the trainee into
an assistance animal.
(4) 'Place of public accommodation' means a place of public
accommodation as defined in ORS 659A.400. + }
SECTION 3. { + (1) A place of public accommodation or of
access to state government services, programs or activities may
not:
(a) Ask an individual about the nature or extent of a
disability that the individual has or may have;
(b) Require an individual to provide documentation proving that
an animal is an assistance animal or an assistance animal
trainee; or
(c) Notwithstanding any fee or admission charge imposed for
pets, require that a person with a disability or an assistance
animal trainer pay a fee or admission charge for an assistance
animal or assistance animal trainee.
(2) A place of public accommodation or of access to state
government services, programs or activities may:
(a) Ask whether an animal is required due to a disability; and
(b) Ask about the nature of the work or task that an animal is
trained to do or perform or is being trained to do or perform,
Enrolled Senate Bill 610 (SB 610-B) Page 1
unless it is readily apparent that the animal performs or is
being trained to perform work or a task for the benefit of a
person with a disability.
(3) If a place of public accommodation or of access to state
government services, programs or activities customarily charges a
person for damages that the person causes to the place, the place
may charge a person with a disability or an assistance animal
trainer for damages that an assistance animal or assistance
animal trainee causes to the place.
(4) A person with a disability or an assistance animal trainer
must maintain control of an assistance animal or assistance
animal trainee. Except as provided in this subsection, control
shall be exerted by means of a harness, leash or other tether. If
the use of a harness, leash or other tether would interfere with
the ability of the animal to do the work or perform the tasks for
which the animal is trained or is being trained, control may be
exerted by the effective use of voice commands, signals or other
means. If an animal is not under control as required in this
subsection, a place of public accommodation or of access to state
government services, programs or activities may consider the
animal to be out of control for purposes of subsection (5) of
this section.
(5)(a) Except as provided in this subsection, a place of public
accommodation or of access to state government services, programs
or activities may not deny a person with a disability or an
assistance animal trainer the right to be accompanied by an
assistance animal or assistance animal trainee in any area of the
place that is open to the public or to business invitees. A place
of public accommodation or of access to state government
services, programs or activities may require a person with a
disability or an assistance animal trainer to remove an
assistance animal or assistance animal trainee if:
(A) The animal is not housebroken; or
(B) The animal is out of control and effective action is not
taken to control the animal.
(b) A place of public accommodation or of access to state
government services, programs or activities may impose legitimate
requirements necessary for the safe operations of the place of
public accommodation or the services, programs or activities. The
place of public accommodation or of access to state government
services, programs or activities shall ensure that the safety
requirements are based on actual risks, not on speculation,
stereotypes or generalizations about persons with disabilities.
(6) A place of public accommodation or of access to state
government services, programs or activities shall make reasonable
modifications as necessary to allow an opportunity for a person
with a disability who is benefited by the use of an assistance
animal to obtain goods, services and the use of the advantages,
facilities and privileges of the place or the advantages,
facilities and privileges of the state government services,
programs or activities. For purposes of this subsection, except
as provided in subsections (5) and (7) of this section, in
addition to any other applicable accommodation requirement,
allowing the presence of the assistance animal is a reasonable
modification.
(7) If a place of public accommodation or of access to state
government services, programs or activities requires a person
with a disability to remove an assistance animal under subsection
(5) of this section, the place shall give the person with a
disability a reasonable opportunity to obtain goods, services and
Enrolled Senate Bill 610 (SB 610-B) Page 2
the use of the advantages, facilities and privileges of the place
or the advantages, facilities and privileges of the state
government services, programs or activities without the
assistance animal's presence.
(8) A place of public accommodation or of access to state
government services, programs or activities is not required to
provide care or supervision for an assistance animal or
assistance animal trainee.
(9) The protection granted under this section to a person with
a disability or an assistance animal trainer does not invalidate
or limit the remedies, rights and procedures of any other
federal, state or local laws that provide equal or greater
protection of the rights of a person with a disability, an
assistance animal trainer or individuals associated with a person
with a disability. + }
SECTION 4. ORS 659A.400 is amended to read:
659A.400. (1) A place of public accommodation, subject to the
exclusion in subsection (2) of this section, means any place or
service offering to the public accommodations, advantages,
facilities or privileges whether in the nature of goods,
services, lodgings, amusements { + , transportation + } or
otherwise.
(2) However, a place of public accommodation does not include
any institution, bona fide club or place of accommodation which
is in its nature distinctly private.
SECTION 5. 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 6. 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 impairment - } { + disability + }; 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.
Enrolled Senate Bill 610 (SB 610-B) Page 3
{ - (2) As used in this section, 'assistance animal' and '
person with a physical impairment' have the meanings given those
terms in ORS 346.680. - }
{ + (2) As used in this section, 'assistance animal' has the
meaning given that term in section 2 of this 2013 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 - } { + an
animal other than an assistance animal that + } 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 7. 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
impairment - } { + disability + } 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 impairment or - } { + disability 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 impairment or - } { + disability 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 impairment
or - } { + disability 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 impairment
or - } { + disability 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 impairment, - } { + disability,
the + } owner or the person having custody or supervision of the
Enrolled Senate Bill 610 (SB 610-B) Page 4
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.
{ + (6) As used in this section, 'assistance animal' has the
meaning given that term in section 2 of this 2013 Act. + }
SECTION 8. 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 2013 Act + }.
SECTION 9. 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
346.690 - } is a Class C misdemeanor.
SECTION 10. { + ORS 346.610, 346.620, 346.630, 346.640,
346.650, 346.660, 346.680, 346.685 and 346.690 are repealed. + }
SECTION 11. { + (1) Sections 2 and 3 of this 2013 Act, the
amendments to ORS 90.390, 167.352, 346.687, 346.991, 609.105 and
659A.400 by sections 4 to 9 of this 2013 Act and the repeal of
ORS 346.610, 346.620, 346.630, 346.640, 346.650, 346.660,
346.680, 346.685 and 346.690 by section 10 of this 2013 Act apply
to events occurring on or after the effective date of this 2013
Act. Sections 2 and 3 of this 2013 Act, the amendments to ORS
90.390, 346.687 and 346.991 by sections 5, 7 and 9 of this 2013
Act and the repeal of ORS 346.610, 346.620, 346.630, 346.640,
346.650, 346.660, 346.680, 346.685 and 346.690 by section 10 of
this 2013 Act do not affect any cause of action for violations of
ORS 346.620, 346.630, 346.650, 346.660, 346.685 or 346.690
occurring prior to the effective date of this 2013 Act or any
action to recover damages under ORS 346.687 based on actions
occurring prior to the effective date of this 2013 Act.
(2) A violation of ORS 167.352 occurring prior to the effective
date of this 2013 Act is subject to prosecution to the extent
provided under ORS 167.352 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 2013 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 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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Enrolled Senate Bill 610 (SB 610-B) Page 5
Passed by Senate April 29, 2013
Repassed by Senate June 18, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 13, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 610 (SB 610-B) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 610 (SB 610-B) Page 7
