Bill Text: OR SB788 | 2013 | Regular Session | Introduced
Bill Title: Relating to assistance animals.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB788 Detail]
Download: Oregon-2013-SB788-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3072
Senate Bill 788
Sponsored by Senator SHIELDS; Senator MONNES ANDERSON
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 conditions qualifying as disability and types
of animals qualifying as assistance animals for purposes of
accessing places of public accommodation and places of access to
state government services, programs or activities and for
purposes of cause of action for harm to assistance animal.
Requires place of public accommodation or of access to state
government services, programs or activities to make reasonable
modification of policies, practices and procedures as necessary
to accommodate presence of assistance animal or assistance animal
trainee. Makes violation subject to filing of complaint by
Attorney General or Commissioner of Bureau of Labor and
Industries and subject to civil action by aggrieved person.
Establishes permissible and prohibited inquiries and
requirements regarding animals for places of public accommodation
or of access to state government services, programs or
activities. 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.
A BILL FOR AN ACT
Relating to assistance animals; creating new provisions; amending
ORS 90.390, 167.352, 346.687, 346.991, 609.105 and 659A.825;
and repealing ORS 346.610, 346.620, 346.630, 346.640, 346.650,
346.660, 346.680, 346.685 and 346.690.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2013 Act and ORS
346.687 are added to and made a part of ORS 659A.103 to
659A.145. + }
SECTION 2. { + As used in this section and section 3 of this
2013 Act:
(1) 'Assistance animal' means an animal that has been
individually trained to do work or perform tasks for the benefit
of an individual that directly relate to a disability of the
individual.
(2) 'Assistance animal trainee' means an animal that is
undergoing a course of development and training to do work or
perform tasks directly related to a disability.
(3) 'Assistance animal trainer' means a person exercising care,
custody and control over an assistance animal trainee during a
course of training designed to develop the assistance animal
trainee into an assistance animal.
(4) 'Disability,' notwithstanding ORS 659A.104, includes, but
is not limited to, a physical, sensory or neurological disability
or psychiatric, intellectual or other mental condition that
affects one or more major life activities as described in ORS
659A.104.
(5) 'Person with a disability' means a person who has, has a
record of having, or is regarded as having, a condition described
in subsection (4) of this section that is benefited by the use of
an assistance animal.
(6) 'Place of public accommodation' means a place of public
accommodation described in ORS 659A.400 (1) or a private
institution or club.
(7) 'Reasonable modification' means a change in policies,
practices or procedures that a place of public accommodation or
of access to state government services, programs or activities
can practicably make to allow access by an assistance animal,
taking into consideration the type, size and weight of the
animal, the ability of the place of public accommodation or of
access to state government services, programs or activities to
accommodate the animal, the handler's control over the animal,
whether the animal is housebroken and whether the presence of the
animal compromises legitimate safety concerns necessary for safe
operations.
(8) 'State government' has the meaning given that term in ORS
174.111. + }
SECTION 3. { + (1) A place of public accommodation or of
access to state government services, programs or activities may
not:
(a) Ask a person about the nature or extent of a disability
that the person has or may have;
(b) Require a person to provide documentation proving that an
animal is trained or receiving training as an assistance animal;
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 or is being trained to perform 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 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) 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 a
place of public accommodation or of access to state government
services, programs or activities 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.
(6) A place of public accommodation or of access to state
government services, programs or activities shall make reasonable
modifications to policies, practices and procedures of the place
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 to
policies, practices and procedures.
(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
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 greater or equal
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 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 { +
or section 3 of this 2013 Act + }.
(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 { + or section 3 of this 2013
Act + } 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 5. 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.
(2) As used in this section, 'assistance animal' and ' person
with a { - physical impairment - } { + disability + } ' have
the meanings given those terms in { - ORS 346.680 - } { +
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 6. 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
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 7. 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 8. ORS 659A.825 is amended to read:
659A.825. (1)(a) If the Attorney General or the Commissioner of
the Bureau of Labor and Industries has reason to believe that any
person has committed an unlawful practice, the Attorney General
or the commissioner may file a complaint in the same manner as
provided for a complaint filed by a person under ORS 659A.820.
(b) If the Attorney General or the commissioner has reason to
believe that a violation of ORS 659A.403, 659A.406 or 659A.409
has occurred, the Attorney General or the commissioner may file a
complaint under this section against any person acting on behalf
of a place of public accommodation and against any person who has
aided or abetted in that violation. { + If the Attorney General
or the commissioner has reason to believe that a violation of
section 3 of this 2013 Act has occurred, the Attorney General or
the commissioner may file a complaint under this section against
any person acting on behalf of a place of public accommodation or
of access to state government services, programs or activities
and against any person who has aided or abetted in that
violation. + }
(c) If the Attorney General or the commissioner has reason to
believe that an unlawful practice under ORS 659A.145 or 659A.421
or discrimination under federal housing law has occurred or is
about to occur, the Attorney General or the commissioner may file
a complaint in the same manner as a person filing a complaint
under ORS 659A.820.
(2) If the commissioner files a complaint under this section
alleging an unlawful practice other than an unlawful employment
practice, or if a person files a complaint under ORS 659A.820
alleging an unlawful practice under ORS 659A.145 or 659A.421 or
discrimination under federal housing law, the commissioner may
also issue a temporary cease and desist order requiring any
respondent named in the complaint to refrain from the unlawful
practice alleged. A temporary cease and desist order under this
section may contain any provision that could be included in a
cease and desist order issued after a hearing under ORS 659A.850.
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.825 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 4, 6 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 90.390, 346.620, 346.630, 346.650, 346.660, 346.685, 346.690
or 346.991 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. + }
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