1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3951
Sponsored by Representative LEVY B; Representatives RESCHKE, SCHARF
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act changes the agency that oversees places that rescue animals. The Act changes
the records that the places have to keep. The Act makes changes related to licensing the places.
(Flesch Readability Score: 70.8).
Provides that veterinary facilities do not qualify as animal rescue entities for purposes of regu-
lating animal rescue entities.Directs the State Department of Agriculture to enforce provisions
related to regulating animal rescue entities. Makes changes related to recordkeeping and licensing
requirements for animal rescue entities. Removes the impoundment of animals as a civil penalty for
a violation of provisions related to animal rescue entities.
A BILL FOR AN ACT
Relating to animal rescue entities; amending ORS 609.415 and 609.420.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 609.415 is amended to read:
609.415. (1) As used in this section and ORS 609.420:
(a) “Animal” means any nonhuman mammal, bird, reptile[,] or amphibian [or fish].
(b) “Animal rescue entity”:
(A) Means an individual or organization, including but not limited to an animal control agency,
humane society, animal shelter, animal sanctuary or boarding kennel not subject to ORS 167.374[,].
(B) [but excluding] Does not mean a veterinary facility[,] that keeps, houses and maintains
animals in the [individual’s or organization’s] legal custody [10 or more animals] of the veterinary
facility, whether the animals are physically located at [a] the veterinary facility [operated by the
individual or organization] or kept, housed or maintained elsewhere[, and that solicits or accepts do-
nations in any form].
[(c) “Enforcing agency” means the State Veterinarian.]
(2) [Any] An animal rescue entity shall [comply with all of the following record-keeping require-
ments]:
(a) Maintain a record for each animal [that identifies:] in the legal custody of the animal
rescue entity, in compliance with rules adopted by the State Department of Agriculture
pursuant to subsection (6)(a) of this section.
[(A) The date of birth for the animal or, if the date of birth is unknown, the approximate age of
theanimal;]
[(B) The date the animal rescue entity acquired possession, control or charge of the animal and the
source of the animal;]
[(C) The number of offspring the animal produced while in the possession or control of the animal
rescue entity, if applicable;]
[(D) The disposition the animal rescue entity makes of each animal possessed by, controlled by or
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 4763 HB3951
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
in the charge of the animal rescue entity, including the date of disposition, manner of disposition and
the name and address for any individual or organization taking possession, control or charge of an
animal;]
[(E) The source of the animal, date of acquisition, age, sex, breed type and weight of the animal
at intake; and]
[(F) A photograph of the animal taken within 24 hours of intake by the animal rescue entity.]
(b) Permit an authorized representative of the [enforcing agency] department to inspect records
of the animal rescue entity required by this subsection and furnish any reports and information re-
quired by the [enforcing agency, as provided under ORS 609.420.] department if the department:
(A) Conducts an on-site investigation of the premises of the animal rescue entity pursu-
ant to ORS 609.420; or
(B) Audits the animal rescue entity pursuant to rules described in subsection (6)(b) of
thissection.
(3) An animal rescue entity that keeps, houses and maintains 10 or more animals in the
legal custody of the animal rescue entity shall [comply with the following licensing
requirements]:
(a) [The entity shall] Obtain a license issued by the [enforcing agency] department in accordance
with this section and [any] rules [or policies] adopted by the [enforcing agency] department; and
(b) [The entity shall] Pay a reasonable fee, as determined by the [ enforcing agency]
department, for a license or an annual renewal of the license to provide for the actual cost of en-
forcing this section and ORS 609.420.
[(4) The enforcing agency may not issue or renew a license under this section unless the animal
rescue entity is in compliance with this section and ORS 609.420.]
[(5) An animal rescue entity may transfer a license issued under this section to another person with
the written consent of the enforcing agency, provided that the transferee otherwise qualifies to be li-
censed as an animal rescue entity under this section and rules applicable to the transferee and does
not have a certified unpaid debt to the state. The transferee shall submit a signed release to the en-
forcing agency permitting the performance of a background investigation of the transferee, and the en-
forcing agency shall conduct the background investigation.]
[(6) An applicant for a license issued under this section shall demonstrate that the animal rescue
entity that is the subject of the application complies with all standards imposed under applicable
law.]
[(7) Any animal rescue entity is subject to inspection by the enforcing agency as provided in ORS
609.420.]
[(8)(a)] (4) A violation of this section may result in imposition of civil penalties to be determined
by the [enforcing agency] department, including but not limited to [impoundment of all animals un-
der the animal rescue’s control,] the denial, suspension or revocation of the animal [rescue’s] rescue
entity’s license [to operate animal rescue operations] under this section and a civil penalty of not
more than $500 for each violation.
[(b) Before a civil penalty may be imposed under this section, the enforcing agency shall adopt
rules or policies that:]
[(A) Ensure that a person who is the subject of an alleged violation receives notice of the
allegations and potential imposition of civil penalties;]
[(B) Allow for an opportunity for a hearing prior to the imposition of civil penalties; and]
[(C) Allow for the opportunity for judicial review of the imposition of civil penalties.]
[2] HB3951
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
[(9)] (5) Moneys [raised] received by the [enforcing agency under] department pursuant to this
section are dedicated to and shall be used for [enforcing agency operations undertaken pursuant to]
implementing this section and ORS 609.420.
(6) The department shall adopt rules to implement this section, including rules that:
(a) Require an animal rescue entity to maintain a record for each animal in the legal
custody of the animal rescue entity;
(b) Establish a process for auditing animal rescue entities that incorporates consider-
ation of the compliance histories of the animal rescue entities;
(c) Establish licensing requirements for animal rescue entities;
(d) Ensure that an animal rescue entity that is the subject of an alleged violation re-
ceives notice of the allegations and of the potential imposition of civil penalties under this
section;
(e) Allow an animal rescue entity to have an opportunity for a hearing prior to the im-
position of civil penalties under this section; and
(f) Allow an animal rescue entity to have an opportunity for judicial review of the impo-
sition of civil penalties.
SECTION 2. ORS 609.420 is amended to read:
609.420. (1) Whenever an authorized representative of [an enforcing agency] the State Depart-
ment of Agriculture is advised or has reason to believe that an animal rescue entity is operating
without a license, the authorized representative may visit and conduct an on-site investigation of the
premises of the animal rescue entity. The purpose of an investigation under this section is to de-
termine whether the animal rescue entity is subject to the requirements of ORS 609.415.
(2) At any reasonable time, an authorized representative of [an enforcing agency] the depart-
ment, a law enforcement agency or the United States Department of Agriculture may conduct an
on-site investigation of the premises of any licensed animal rescue entity to determine whether the
entity is in compliance with ORS 609.415 or a rule adopted thereunder.
(3) An authorized representative of the [enforcing agency] department or a law enforcement
agency shall conduct an on-site investigation of the premises of any licensed animal rescue entity
if the department or agency receives a complaint about the animal rescue entity related to the
failure to comply with the requirements of ORS 609.415 or a rule adopted thereunder that the
department or agency determines is credible and serious. The investigation by the department
or agency shall be limited to determining if the animal rescue entity has failed to comply with the
requirements of ORS 609.415 or a rule adopted thereunder.
(4) Any state agency that receives a complaint about a licensed animal rescue entity shall notify
the [enforcing agency] department about the complaint and any subsequent action taken by the
state agency based on that complaint.
[(5) A licensed animal rescue entity shall permit an authorized representative of the enforcing
agency to inspect records of the animal rescue entity and shall furnish any reports and information
required by the enforcing agency.]
[(6)] (5) If, during the course of an [inspection] investigation made under this section, the [en-
forcing agency] department finds evidence of animal cruelty in violation of ORS 167.310 to 167.351,
167.352, 167.355 or 167.360 to 167.372, the [enforcing agency] department shall seize the evidence
and report the violation to law enforcement. Evidence of animal cruelty found through a valid [in-
spection] investigation under this section shall be presumed admissible in any subsequent criminal
proceeding.
[3] HB3951
1
[4]