[nagdu] Oregon's proposal

Sat Mar 7 18:38:52 UTC 2015

this is pretty bad. I will be contacting some friends to see if this legislation can vevstopped. 

Sent from my iPhone

> On Mar 6, 2015, at 10:58 AM, Tami Jarvis via nagdu <nagdu at nfbnet.org> wrote:
> 
> 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]
> 
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