[nagdu] Oregon's proposal

[Tami Jarvis]

I just got the below information about Oregon's latest proposal. And 
here I was thinking after the last couple of attempts were dropped, 
folks had given up for awhile. Silly me!

Read away. I haven't yet, except for a brief scan. I'm going to need to 
find fortitude!

Here's the link:

https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/HB3077/Introduced

The text is pasted below. I took out some line numbers where there was 
only whitespace to save annoyance, but otherwise, this is just as I 
copied it into my text editor:

***

78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session
House Bill 3077
Sponsored by Representatives ESQUIVEL, KRIEGER, WITT;
Representatives HACK, HAYDEN, KENNEMER,
NEARMAN, POST, SMITH
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.
Creates exemption from pet restriction in food establishments for 
assistance animal with assist-
ance animal tag issued by local jurisdiction.
Requires Department of Human Services to adopt procedures for issuance 
of assistance
animal
certificates.
Requires
department to make reasonable accommodation for persons with disabilities in
application process. Requires waiver of
application fee for persons with disabilities who receive
disability services provided
by or paid for by department and who are eligible for medical assistance.
Requires local jurisdiction to issue assistance animal tag upon 
presentation of
assistance animal
certificate. Makes assistance animal tag valid throughout state.
Allows food establishment or restaurant to inquire whether animal 
present on premises has valid
assistance animal tag.
A BILL FOR AN ACT
Relating to assistance animals; creating new provisions; and amending 
ORS 616.700 and 659A.143.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) As used in this section:
(a) “Assistance animal” has the meaning given that term in ORS 659A.143.
(b) “Health care practitioner” means a person licensed or certified to 
provide health care
services in this state.
(2) The Department of Human Services shall adopt by rule procedures for 
the issuance
and renewal of assistance animal certificates. The department
shall issue an assistance ani-
mal certificate to any person who:
(a) Submits an application in the form and manner prescribed by the 
department;
(b) Pays the application fee prescribed by the department by rule; and
(c) Provides a statement signed
by the person’s treating health care practitioner, dated
within six months preceding the date of application:
(A) Stating that the person requires an assistance animal due to a 
disability; and
(B)
Briefly
summarizing the nature of the work or task that the assistance animal per-
forms or the other assistance provided by the animal.
(3) The procedures adopted
by the department under subsection (2) of this section shall
ensure that reasonable accommodations are made for the applicant’s 
disability, including, but
not limited to:
(a) Permitting the application and the health care practitioner’s 
statement to be sub-
mitted by mail, in person or electronically; and
(b) Providing application assistance, including,
if appropriate, assisting the person in ob-
taining the statement from the person’s health care practitioner.
(4) The department shall waive the application fee for any person with a 
disability who:
(a) Receives disability services provided by or paid for by the 
department; and
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 178
HB
3077


(b) Is eligible for medical assistance.
SECTION 2.
(1) A person who is issued an assistance animal certificate
under section 1
of this 2015 Act may present the certificate at a location described in 
this subsection
and
obtain an assistance animal tag. Each county shall make assistance 
animal tags available
at
the county sheriff’s office. If the county
has declared a dog control district, the county shall
also make assistance animal tags available at any county office site where a
person may
obtain a dog license. If a city
has a dog licensing and control program, the city shall make
assistance animal tags available at any city office
site where a person may obtain a dog li-
cense.
(2) A county or
city shall record any information required by Department of Human
Services rules regarding a person presenting an assistance
animal certificate, the assistance
animal serving the person and the issued assistance animal tag. The 
county or city shall
forward a copy of the information to the department. The department, a 
county or a
city
may not charge a fee for an assistance animal tag.
(3) An assistance
animal tag is valid in all areas of this state. An assistance animal tag
is valid for a specific assistance animal and, except as provided by 
department rules, may
not be transferred.
(4) The department shall provide the assistance animal tags to the issuing
counties and
cities without charge. The department shall design
assistance animal tags to be suitable for
wearing by a wide variety of assistance animals. The department may make 
assistance
ani-
mal tags available in a form suitable
for carrying by a person whose assistance animal is of
a type physically incapable of wearing a tag.
SECTION 3.
ORS 616.700 is amended to read:
616.700. The State Department of Agriculture shall enforce the provisions
of ORS 616.695 to
616.755 and adopt rules necessary therefor in accordance with the
applicable provisions of ORS
chapter 183, to insure and verify that:
(1) Food establishments are constructed and maintained in a clean, 
healthful and sanitary con-
dition. This shall include floors, walls, ceilings, doors, windows, 
lighting and ventilation, toilet and
lavatory facilities, water supply, separation or partitioning of rooms, 
health and cleanliness of
per-
sonnel, cleanliness and sanitation of surrounding
premises, disposal of all waste and sewage mate-
rial, insect and rodent control, construction and sanitation of 
equipment and
utensils, and
prohibition of pets therein. [
However,
]
The department may not prohibit the presence
of as-
sistance animals that have
valid assistance animal tags issued under section 2 of this 2015
Act.
ORS 616.695 to 616.755 shall not be applied to prevent licensing and 
operation
of a food es-
tablishment solely because such establishment
is in an area which is part of and not separate from
a domestic kitchen if the
establishment is upon investigation by the department found to be con-
structed and maintained in a clean, healthful and sanitary condition.
(2) Food establishments maintain time and temperature controls, 
indicating and
recording
thermometers and indicating pressure gauges for pressure cookers and 
retorts, minimum
temper-
ature and time period standards for cooking foods, and other facilities 
necessary to carry out
the
intent and purpose of ORS 616.695 to 616.755.
(3) Food dispensed, transported, sold, held for
sale, stored, salvaged or displayed, is not filthy,
decomposed, putrid, unsafe, contaminated, deleterious to health, unfit, 
unwholesome,
unclean, in-
sanitary or diseased.
SECTION 4.
ORS 659A.143 is amended to read:
[2]
HB
3077


659A.143. (1) As used in this section:
(a) “Assistance animal” means a dog
or other animal designated by administrative rule that has
been individually trained to do work or perform tasks for the benefit of 
an individual.
(b) “Assistance animal trainee”
means an animal that is undergoing a course of development and
training to do work or perform tasks for the benefit of an individual 
that directly relate
to the dis-
ability of the individual.
(c) “Assistance animal trainer” means an individual exercising care, 
custody and control over
an assistance animal trainee during a course of training designed to 
develop the
trainee into an
assistance
animal.
(d) “Food establishment” has the meaning given that term in ORS 616.695.
[
(d)
]
(e)
“Place of public
accommodation” means a place of public accommodation as defined in
ORS 659A.400.
(f) “Restaurant” has the meaning given that term in ORS 624.010.
(2) A place of public accommodation
or of access to state government services, programs or
activities may not:
(a) Ask an individual about the nature or extent of a disability that 
the individual has or may
have;
(b)
Unless the
place is a food establishment or restaurant,
require an individual to provide
documentation proving that an animal is an assistance animal or an 
assistance animal trainee; 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.
(3) 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 to do or perform or is
being trained to do or 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[
.
]
; and
(c) If the place is a food establishment or restaurant, require proof
that the animal has
a valid assistance animal tag issued under section 2 of this 2015 Act.
(4) 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.
(5) A person with a
disability or an assistance animal trainer must maintain control of an as-
sistance 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 is 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 con-
sider the animal to be out of control for purposes of subsection (6) of 
this section.
(6)(a) 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
[3]