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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
A-Engrossed
Senate Bill 1076
Ordered by the Senate April 16
Including Senate Amendments dated April 16
Sponsored by Senator PROZANSKI, Representatives NERON, GOMBERG; Senators SOLLMAN, STARR
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. The statement includes a measure digest written in compliance with applicable readability standards.
Digest: The Act tells an agency to impose certain fees for licenses for animal rescue entities.
The Act tells the agency to create a program for granting licenses to persons that breed certain
animals. The Act gives money for the program. (Flesch Readability Score: 60.0).
Directs the State Department of Agriculture to impose certain fees for licenses and license re-
newals for animal rescue entities.Modifies the definition of “animal rescue entity.”
Directs the department to adopt rules to establish a licensing program for breeders of certain
animals. Punishes a violation of the rules by a maximum of six months’ imprisonment, $2,500 fine,
orboth.
Authorizes the department to investigate and inspect the breeders.
Appropriates moneys to the department out of the General Fund for purposes related to the new
licensingprogram.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to animals; creating new provisions; amending ORS 609.415, 609.420 and 609.992; and de-
claring an emergency.
Be It Enacted by the People of the State of Oregon:
LICENSE FEES FOR ANIMAL RESCUE ENTITIES
SECTION 1. The State Department of Agriculture shall charge the following for a license
or license renewal for an animal rescue entity, as defined in ORS 609.415, that is:
(1) An animal control agency, animal shelter or humane society, a fee of $600, adjusted
annually for inflation for every year after 2026 to account for changes in the Consumer Price
Index for All Urban Consumers, West Region (All Items), as published by the Bureau of La-
bor Statistics of the United States Department of Labor.
(2) An animal sanctuary, a fee of $400, adjusted annually for inflation for every year after
2026 to account for changes in the Consumer Price Index for All Urban Consumers, West
Region (All Items).
(3) Not described in subsection (1) or (2) of this section, a fee of $350, adjusted annually
for inflation for every year after 2026 to account for changes in the Consumer Price Index
for All Urban Consumers, West Region (All Items).
SECTION 2. 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].
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.
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(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,
[but excluding a veterinary facility,] that keeps, houses and maintains animals in the individual’s or
organization’s legal custody [10 or more animals] for more than 48 hours, whether physically lo-
cated at a facility operated by the individual or organization or kept, housed or maintained else-
where, and that solicits or accepts donations in any form.
(B) Does not include a veterinary facility.
[(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
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
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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.]
[(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 and provides that the depart-
ment shall audit each animal rescue entity at least once every three years;
(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 3. Section 1 of this 2025 Act and the amendments to ORS 609.415 by section 2
of this 2025 Act become operative on January 1, 2026.
LICENSING PROGRAM FOR ANIMAL BREEDERS
SECTION 4.(1) As used in this section and ORS 609.420:
(a) “Bird” includes psittacines.
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(b) “Breeder” means a person that possesses, controls or otherwise has charge of, for
the primary purpose of reproduction and sale or transfer as pets:
(A) Birds, other than livestock or exotic animals.
(B) Cats.
(C) Dogs.
(D) Small mammals, other than livestock or exotic animals.
(c) “Cat” means a member of the species Felis catus or a hybrid of that species.
(d) “Dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that
subspecies.
(e) “Exotic animal” has the meaning given that term in ORS 609.305.
(f) “Litter” means one or more cats or dogs, sold or transferred individually or together,
that are all or part of a group of cats or dogs born to the same mother at the same time.
(g) “Livestock” has the meaning given that term in ORS 609.125.
(2) A person that sells or transfers or offers for sale or transfer more than two litters
of dogs or cats during a 12-month period is considered a breeder.
(3) The State Department of Agriculture shall adopt rules to establish the following for
breeders:
(a) A licensing program.
(b) Licensing requirements for the following breeders:
(A) A breeder of dogs that, during a 12-month period, sells or transfers or offers for sale
or transfer more than two litters of dogs.
(B) A breeder of cats that, during a 12-month period, sells or transfers or offers for sale
or transfer more than two litters of cats.
(C) A breeder of birds or small mammals that, during a 12-month period, sells or trans-
fers or offers for sale or transfer more than the number of animals established by the de-
partment by rule.
(c) Standards of care.
(d) Fees for licenses and license renewals, adjusted annually for inflation for every year
after 2026 to account for changes in the Consumer Price Index for All Urban Consumers,
West Region (All Items), as published by the Bureau of Labor Statistics of the United States
Department of Labor.
(4) In adopting the rules, the department:
(a) Shall consider relevant factors, including the sizes of breeders and the costs of regu-
lation and enforcement related to breeders.
(b) Shall consider whether the fees are proportional to department funding needs for
staff, including the potential need to hire a veterinarian.
(c) May set fees for licenses and license renewals that differ based on the sizes of
breeders.
(5) Rules adopted under this section that apply to breeders that breed dogs shall apply
in addition to, and not in lieu of, any applicable requirements under ORS 167.374 and 167.376.
SECTION 5. (1) Section 4 of this 2025 Act becomes operative on January 1, 2027.
(2) Notwithstanding the operative date specified in subsection (1) of this section, the
State Department of Agriculture:
(a) Shall adopt the rules described in section 4 of this 2025 Act on or before June 30, 2026.
(b) May not enforce the provisions of section 4 of this 2025 Act before January 1, 2028.
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(c) May take any action before the operative date specified in subsection (1) of this sec-
tion that is necessary for the department to exercise, on and after the operative date speci-
fied in subsection (1) of this section, all of the duties, functions and powers conferred on the
department by section 4 of this 2025 Act.
INVESTIGATION AND INSPECTION
SECTION 6. 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 or a breeder
is operating without a license, the authorized representative may visit and conduct an on-site in-
vestigation of the premises of the animal rescue entity or breeder. The purpose of an investigation
under this section is to determine whether the animal rescue entity or breeder is [subject to] in
compliance with the requirements of ORS 609.415 or rules adopted under ORS 609.415 or section
4 of this 2025 Act.
(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 or breeder to determine
whether the [entity] animal rescue entity or breeder is in compliance with ORS 609.415 or rules
adopted under ORS 609.415 or section 4 of this 2025 Act .
(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
or breeder if the authorized representative or law enforcement agency receives a complaint
about the animal rescue entity or breeder related to [the] a failure to comply with the requirements
of ORS 609.415 that the authorized representative or law enforcement agency determines is
credible and serious. The investigation [by the agency] shall be limited to determining if the animal
rescue entity or breeder has failed to comply with the requirements of ORS 609.415 or rules
adopted under ORS 609.415 or section 4 of this 2025 Act .
(4) Any state agency that receives a complaint about a licensed animal rescue entity or breeder
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 made] investigation 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.
SECTION 7.The amendments to ORS 609.420 by section 6 of this 2025 Act become oper-
ative on January 1, 2028.
PENALTIES
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SECTION 8. ORS 609.992 is amended to read:
609.992. (1) Violation of ORS 609.341 or a rule adopted under section 4 of this 2025 Act is a
Class B misdemeanor.
(2) In addition to and not in lieu of any jail sentence or fine it may impose, a court may require
a defendant convicted under ORS 609.341 or a rule adopted under section 4 of this 2025 Act to
forfeit any rights of the defendant in any exotic animal or other animal kept in violation thereof
and to repay reasonable costs incurred by any person, city, county or state agency in caring for the
exotic animal or other animal prior to judgment.
(3) When the court orders the defendant’s rights in the exotic animal or other animal to be
forfeited, the court may further order that those rights be given over to an appropriate person or
agency demonstrating a willingness to accept and care for the exotic animal or other animal or
to the county or an appropriate animal care agency for further disposition in accordance with ac-
cepted practices for humane treatment of animals. This subsection shall not constitute or authorize
any limitation upon the right of the person or agency to whom rights are granted to resell or oth-
erwise make disposition of the exotic animal or other animal. A transfer of rights under this sub-
section constitutes a transfer of ownership.
SECTION 9.The amendments to ORS 609.992 by section 8 of this 2025 Act become oper-
ative on January 1, 2028.
APPROPRIATION
SECTION 10.(1) In addition to and not in lieu of any other appropriation, there is ap-
propriated to the State Department of Agriculture, for the biennium beginning July 1, 2025,
out of the General Fund, the amount of $_______ to be expended for the purposes of:
(a) Carrying out the provisions of section 4 of this 2025 Act.
(b) Conducting education and outreach related to implementing section 4 of this 2025 Act.
(c) Paying any legal fees or costs related to implementing section 4 of this 2025 Act.
(2) This appropriation is available continuously until expended for the purposes specified
in this section.
CAPTIONS
SECTION 11. The unit captions used in this 2025 Act are provided only for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2025 Act.
EFFECTIVE DATE
SECTION 12.This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
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