[nagdu] Oregon's proposal pasted again

Sat Mar 7 19:32:00 UTC 2015

When they say "assistance" animals, are they thinking they are also refering
to service dogs?
Donna

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tami Jarvis via
nagdu
Sent: Friday, March 06, 2015 11:00 PM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: [nagdu] Oregon's proposal pasted again

I didn't realize at first how obnoxious my pasted version was in my earlier
message. For anyone interested, I've got a better capture pasted below.

One of the folks who was behind some of this effort has moved to Washington
and is trying to get something like it going there, so anyone from
Washington state might want to check this one out. You follow Oregon there
in some laws, so... I'm still reading and cross-referencing and stuff and
also cussing, but there are some provisions that are
*very* interesting. Not enforceable, but it would be a mess.

Here's the link again:

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

And here's the text again, a quick cut and paste, but better than before:

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
1
2 Relating to assistance animals; creating new provisions; and amending ORS
616.700 and 659A.143.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. (1) As used in this section:
5 (a) "Assistance animal" has the meaning given that term in ORS 659A.143.
6 (b) "Health care practitioner" means a person licensed or certified to
provide health care
7
services in this state.
8 (2) The Department of Human Services shall adopt by rule procedures for
the issuance
9 and renewal of assistance animal certificates. The department shall issue
an assistance ani- 10 mal certificate to any person who:
11 (a) Submits an application in the form and manner prescribed by the
department;
12 (b) Pays the application fee prescribed by the department by rule; and
13
14
(c) Provides a statement signed by the person's treating health care
practitioner, dated within six months preceding the date of application:
15 (A) Stating that the person requires an assistance animal due to a
disability; and
16 (B) Briefly summarizing the nature of the work or task that the
assistance animal per-
17
forms or the other assistance provided by the animal.
18 (3) The procedures adopted by the department under subsection (2) of this
section shall
19 ensure that reasonable accommodations are made for the applicant's
disability, including, but 20 not limited to:
21
22
23
24
(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.
25 (4) The department shall waive the application fee for any person with a
disability who:
26 (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 178HB 3077
1 (b) Is eligible for medical assistance.
2 SECTION 2. (1) A person who is issued an assistance animal certificate
under section 1
3 of this 2015 Act may present the certificate at a location described in
this subsection and
4 obtain an assistance animal tag. Each county shall make assistance animal
tags available at
5 the county sheriff's office. If the county has declared a dog control
district, the county shall
6 also make assistance animal tags available at any county office site where
a person may
7 obtain a dog license. If a city has a dog licensing and control program,
the city shall make
8 assistance animal tags available at any city office site where a person
may obtain a dog li-
9 cense.
10 (2) A county or city shall record any information required by Department
of Human
11 Services rules regarding a person presenting an assistance animal
certificate, the assistance
12 animal serving the person and the issued assistance animal tag. The
county or city shall
13 forward a copy of the information to the department. The department, a
county or a city
14 may not charge a fee for an assistance animal tag.
15 (3) An assistance animal tag is valid in all areas of this state. An
assistance animal tag
16 is valid for a specific assistance animal and, except as provided by
department rules, may
17 not be transferred.
18 (4) The department shall provide the assistance animal tags to the
issuing counties and
19 cities without charge. The department shall design assistance animal tags
to be suitable for 20 wearing by a wide variety of assistance animals. The
department may make assistance ani-
21 mal tags available in a form suitable for carrying by a person whose
assistance animal is of
22 a type physically incapable of wearing a tag.
23 SECTION 3. ORS 616.700 is amended to read:
24 616.700. The State Department of Agriculture shall enforce the provisions
of ORS 616.695 to
25 616.755 and adopt rules necessary therefor in accordance with the
applicable provisions of ORS
26 chapter 183, to insure and verify that:
27 (1) Food establishments are constructed and maintained in a clean,
healthful and sanitary con-
28 dition. This shall include floors, walls, ceilings, doors, windows,
lighting and ventilation, toilet and
29 lavatory facilities, water supply, separation or partitioning of rooms,
health and cleanliness of per- 30 sonnel, cleanliness and sanitation of
surrounding premises, disposal of all waste and sewage mate-
31 rial, insect and rodent control, construction and sanitation of equipment
and utensils, and
32 prohibition of pets therein. [However,] The department may not prohibit
the presence of as-
33 sistance animals that have valid assistance animal tags issued under
section 2 of this 2015
34 Act. ORS 616.695 to 616.755 shall not be applied to prevent licensing and
operation of a food es-
35 tablishment solely because such establishment is in an area which is part
of and not separate from
36 a domestic kitchen if the establishment is upon investigation by the
department found to be con-
37 structed and maintained in a clean, healthful and sanitary condition.
38 (2) Food establishments maintain time and temperature controls,
indicating and recording
39 thermometers and indicating pressure gauges for pressure cookers and
retorts, minimum temper- 40 ature and time period standards for cooking
foods, and other facilities necessary to carry out the
41 intent and purpose of ORS 616.695 to 616.755.
42 (3) Food dispensed, transported, sold, held for sale, stored, salvaged or
displayed, is not filthy,
43 decomposed, putrid, unsafe, contaminated, deleterious to health, unfit,
unwholesome, unclean, in-
44 sanitary or diseased.
45
SECTION 4. ORS 659A.143 is amended to read:
[2]HB 3077
1 659A.143. (1) As used in this section:
2 (a) "Assistance animal" means a dog or other animal designated by
administrative rule that has
3
been individually trained to do work or perform tasks for the benefit of an
individual.
4 (b) "Assistance animal trainee" means an animal that is undergoing a
course of development and
5 training to do work or perform tasks for the benefit of an individual that
directly relate to the dis-
6 ability of the individual.
7 (c) "Assistance animal trainer" means an individual exercising care,
custody and control over
8 an assistance animal trainee during a course of training designed to
develop the trainee into an
9 assistance animal.
10
11
12
(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.
13 (f) "Restaurant" has the meaning given that term in ORS 624.010.
14 (2) A place of public accommodation or of access to state government
services, programs or
15
16
17
18
19
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 20 (c) Notwithstanding any fee or
admission charge imposed for pets, require that a person with a
21 disability or an assistance animal trainer pay a fee or admission charge
for an assistance animal
22 or assistance animal trainee.
23
24
(3) A place of public accommodation or of access to state government
services, programs or activities may:
25 (a) Ask whether an animal is required due to a disability; [and]
26 (b) Ask about the nature of the work or task that an animal is trained to
do or perform or is
27 being trained to do or perform, unless it is readily apparent that the
animal performs or is being
28 trained to perform work or a task for the benefit of a person with a
disability[.]; and
29
30
(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.
31 (4) If a place of public accommodation or of access to state government
services, programs or
32 activities customarily charges a person for damages that the person
causes to the place, the place
33 may charge a person with a disability or an assistance animal trainer for
damages that an assistance
34 animal or assistance animal trainee causes to the place.
35 (5) A person with a disability or an assistance animal trainer must
maintain control of an as-
36 sistance animal or assistance animal trainee. Except as provided in this
subsection, control shall be
37 exerted by means of a harness, leash or other tether. If the use of a
harness, leash or other tether
38 would interfere with the ability of the animal to do the work or perform
the tasks for which the
39 animal is trained or is being trained, control may be exerted by the
effective use of voice commands, 40 signals or other means. If an animal is
not under control as required in this subsection, a place of
41 public accommodation or of access to state government services, programs
or activities may con-
42 sider the animal to be out of control for purposes of subsection (6) of
this section.
43 (6)(a) Except as provided in this subsection, a place of public
accommodation or of access to
44 state government services, programs or activities may not deny a person
with a disability or an
45 assistance animal trainer the right to be accompanied by an assistance
animal or assistance animal [3]HB 3077
1 trainee in any area of the place that is open to the public or to business
invitees. A place of public
2 accommodation or of access to state government services, programs or
activities may require a
3 person with a disability or an assistance animal trainer to remove an
assistance animal or assist-
4 ance animal trainee if:
5 (A) The animal is not housebroken; or
6 (B) The animal is out of control and effective action is not taken to
control the animal.
7 (b) A place of public accommodation or of access to state government
services, programs or
8 activities may impose legitimate requirements necessary for the safe
operations of the place of
9 public accommodation or the services, programs or activities. The place of
public accommodation 10 or of access to state government services, programs
or activities shall ensure that the safety re-
11 quirements are based on actual risks, not on speculation, stereotypes or
generalizations about per-
12 sons with disabilities.
13 (7) A place of public accommodation or of access to state government
services, programs or
14 activities shall make reasonable modifications as necessary to allow an
opportunity for a person
15 with a disability who is benefited by the use of an assistance animal to
obtain goods, services and
16 the use of the advantages, facilities and privileges of the place or the
advantages, facilities and
17 privileges of the state government services, programs or activities.
For purposes of this subsection,
18 except as provided in subsections (6) and (8) of this section, in
addition to any other applicable ac-
19 commodation requirement, allowing the presence of the assistance animal
is a reasonable modifica- 20 tion.
21 (8) If a place of public accommodation or of access to state government
services, programs or
22 activities requires a person with a disability to remove an assistance
animal under subsection (6)
23 of this section, the place shall give the person with a disability a
reasonable opportunity to obtain
24 goods, services and the use of the advantages, facilities and privileges
of the place or the advan-
25 tages, facilities and privileges of the state government services,
programs or activities without the
26 assistance animal's presence.
27 (9) A place of public accommodation or of access to state government
services, programs or
28 activities is not required to provide care or supervision for an
assistance animal or assistance ani-
29 mal trainee.
30 (10) The protection granted under this section to a person with a
disability or an assistance
31 animal trainer does not invalidate or limit the remedies, rights and
procedures of any other federal,
32 state or local laws that provide equal or greater protection of the
rights of a person with a disa-
33 bility, an assistance animal trainer or individuals associated with a
person with a disability.
34
[4]

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