Bill Text: OR SB610 | 2013 | Regular Session | Engrossed

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

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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-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to A-Eng. SB 610

LC 3022/SB 610-A4

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 610

                    By COMMITTEE ON JUDICIARY

                             May 30

  On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
insert '90.390,'.
  In line 11, after 'to' insert 'do work or'.
  On page 2, line 30, delete '(5)' and insert '(5)(a)'.
  In line 37, delete '(a)' and insert '(A)'.
  In line 38, delete '(b)' and insert '(B)'.
  After line 38, insert:
  ' (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.'.
  On page 3, after line 15 insert:
  '  { +  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.'.
  In line 16, delete '4' and insert '6'.
  In line 36, delete '5' and insert '7'.
  On page 4, line 28, delete '6' and insert '8'.
  In line 31, delete '7' and insert '9'.
  Delete lines 34 through 40.
  In line 41, delete '9' and insert '10'.
  In line 43, delete '10' and insert '11' and after 'ORS ' insert
'90.390,'.
  In line 44, delete '8' and insert '9'.
  In line 45, delete '9' and insert '10'.
  On page 5, line 2, after 'ORS' insert '90.390,'.
  In line 3, delete 'and 7' and insert ', 7 and 9'.
  In line 4, delete '9' and insert '10'.
  In line 14, delete '11' and insert '12'.
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