here is the latest.
Zuzana Kukol
www.rexano.org
===
http://landru.leg.state.or.us/07reg/measpdf/hb3400.dir/hb3437.a.pdf

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74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
A-Engrossed
House Bill 3437
Ordered by the House May 2
Including House Amendments dated May 2
Sponsored by Representatives ROBLAN, BOQUIST; Representatives BERGER, BRUUN, CLEM, GALIZIO,
GARRARD, MACPHERSON, READ, SCHAUFLER
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.
Adds member of order Crocodylia to definition of exotic animal. Prohibits breeding of exotic
animals. Exempts certain organizations, institutions and facilities from prohibition against possession
of exotic animal. Imposes fee for exotic animal permit. Allows temporary authorization to
possess offspring of exotic animal. Allows permit for possession of animal of order Crocodylia under
certain circumstances.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to exotic animals; creating new provisions; amending ORS 609.305, 609.309, 609.312, 609.315,
609.319 and 609.335; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 609.305 is amended to read:
609.305. As used in ORS 609.305 to 609.335 and 609.992[,]:
(1) “Exotic animal” means:
[(1)] (a) Any member of the family Felidae not indigenous to Oregon, except the species Felis
catus (domestic cat);
[(2)] (b) Any nonhuman primate;
[(3)] (c) Any wolf (Canis lupus);
[(4)] (d) Any nonwolf member of the family Canidae not indigenous to Oregon, except the species
Canis familiaris (domestic dog); [and]
[(5)] (e) Any bear, except the black bear (Ursus americanus)[.]; and
(f) Any member of the order Crocodylia.
(2) “Wildlife sanctuary”:
(a) Means a nonprofit organization described in section 501(c)(3) of the Internal Revenue
Code that operates a place of refuge where an abused, neglected, unwanted, impounded,
abandoned, orphaned or displaced exotic animal is provided care for the animal¢s lifetime or
until released into the wild.
(b) Does not mean an organization that:
(A) Involves an exotic animal in an activity that is not inherent to the animal¢s nature;
(B) Uses exotic animals as a type of entertainment;
(C) Sells, trades or barters exotic animals or exotic animal body parts; or
(D) Breeds exotic animals.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2142
A-Eng. HB 3437
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SECTION 2. ORS 609.309 is amended to read:
609.309. It is the policy of this state [that the keeping of exotic animals be regulated so as] to
protect the public against health and safety risks that exotic animals pose to the community,
ensure the health, welfare and safety of [those] exotic animals and [to] ensure the security of facilities
in which [they] exotic animals are kept, so as to avoid undue physical or financial risk to the
public. [It is the policy of this state that regulation place no more burden upon the keepers of exotic
animals than is required to accomplish the purposes expressed in this section.]
SECTION 3. ORS 609.312 is amended to read:
609.312. A person who sells an exotic animal must, prior to accepting the offer to purchase,
provide the prospective purchaser of the animal with informational material approved by the State
Department of Agriculture regarding the care, husbandry, health and nutritional needs of the animal.
This section does not allow the sale of an exotic animal to a person located in this state
other than an entity described in ORS 609.315.
SECTION 4. ORS 609.315 is amended to read:
609.315. The requirements for a permit in ORS 609.319 and 609.335 [shall] do not apply to the
following:
(1) A wildlife rehabilitation center operated under a valid permit issued by the State Fish and
Wildlife Commission pursuant to ORS 497.308.[; or]
(2) A facility operated under a valid license or research facility registration issued by the
United States Department of Agriculture pursuant to the federal Animal Welfare Act of 1970 (7
U.S.C. 2133 or 2136).
(3) An exotic animal protection organization incorporated under ORS chapter 65 that
houses an exotic animal at the written request of state or local government.
(4) A law enforcement agency.
(5) A licensed veterinary hospital or clinic.
(6) A wildlife sanctuary.
(7) An educational facility that houses a member of the order Crocodylia pursuant to a
written request of the state, a local government or a state agency stating the need to house
a member of the order Crocodylia at the educational facility.
SECTION 5. ORS 609.319 is amended to read:
609.319. (1) [No] A person may not keep an exotic animal in this state unless[, before acquiring
the animal,] the person possesses a valid State Department of Agriculture permit for that animal
[issued pursuant to ORS 609.335. No] and the permit was originally issued to the person before
the effective date of this 2007 Act.
(2) A person keeping an exotic animal in this state may not breed the exotic animal.
(3) A person may not keep an exotic animal in this state for more than 30 days after the expiration,
revocation or suspension of a permit.
SECTION 6. ORS 609.335 is amended to read:
609.335. [(1) The State Department of Agriculture shall issue permits for the keeping of exotic animals,
as defined in ORS 609.305.]
[(2)] (1) The [department] State Department of Agriculture shall adopt reasonable rules for
issuing permits to keep exotic animals and establishing conditions thereof. The conditions shall be
directed toward ensuring the health, welfare and safety of the animals and, where necessary, the
security of facilities in which the animals are kept so as to avoid undue physical or financial risk
to the public. The rules shall be no more restrictive upon keepers of exotic animals than is reason-
[2]
A-Eng. HB 3437
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ably necessary to carry out [subsection (1) of this section and] the purposes of ORS 609.309.
[(3) A separate permit shall be required for each species of exotic animal kept. A permit shall be
valid for a period of two years from the date of issue and may be renewed.]
[(4) The department may charge a fee for the issuance and renewal of permits under this section.
The fee shall not exceed $300 for each issuance and $100 for each renewal.]
(2) The department may charge a fee to renew an exotic animal permit described in ORS
609.319. The fee may not exceed $100. A permit renewal is valid for two years.
[(5)] (3) The department may revoke a permit upon finding a violation of rules adopted under
this section, or the department may issue a finding of violation and a warning to remedy the violation
by a specified date.
SECTION 7. (1) Notwithstanding ORS 609.319, if an exotic animal for which a person
possesses a valid State Department of Agriculture permit is gestational on the effective date
of this 2007 Act, the department may issue the person a temporary authorization to possess
the resulting offspring.
(2) To obtain a temporary authorization under this section, the person must apply to the
department no later than 30 days after the effective date of this 2007 Act. The application
must include a statement by a licensed veterinarian verifying that the exotic animal is
gestational. The statement by the veterinarian must include an estimate of the remaining
gestation time and the length of time that the offspring may be expected to be dependent
on the mother.
(3) The department may impose a fee for the temporary authorization of not less than
$100 and not more than $300.
(4) Subject to subsection (5) of this section, the department shall establish the term of
the temporary authorization to cover the period that the offspring may be expected to be
dependent on the mother. In establishing the term of the temporary authorization, the department
shall consider the statement by the veterinarian described in subsection (2) of this
section. No later than 10 days after the expiration of the temporary authorization, the person
shall provide proof to the department that all of the offspring have been relocated outside
the state or are in the possession of an entity described in ORS 609.315.
(5) The department may not issue a temporary authorization under subsection (4) of this
section later than two years after the effective date of this 2007 Act.
SECTION 8. (1) Notwithstanding ORS 609.319, the State Department of Agriculture may
issue an exotic animal permit for an animal of the order Crocodylia to a person if the person
applies for the permit on or before the 60th day after the effective date of this 2007 Act and
submits proof satisfactory to the department that the person possessed the animal on the
date immediately prior to the effective date of this 2007 Act.
(2) The department may charge a fee of $300 to issue the permit.
(3) A permit issued under this section shall be treated for all purposes in the same
manner as an exotic animal permit originally issued before the effective date of this 2007 Act.
SECTION 9. This 2007 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
on its passage.
[3]
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