We Did It!
Lawmakers Heed Call to Curb Animal Cruelty

Oregon’s 2009 legislative session chalked up a record number of achievements for animals. Lawmakers strengthened animal cruelty laws, curbed the worst abuses of puppy mills and gave Oregon Humane Society’s investigation officers much deserved recognition as law enforcement agents.

 

“Our top five legislative priorities were all approved by the legislature, which means this was a great session for Oregon animals and people who love them,” said OHS Executive Director Sharon Harmon.

 

OHS was also notably successful in helping push through bills backed by other organizations and educating lawmakers about animal issues. “We spent a lot of time building relationships, and that will pay off for animals in the long run. When bills relating to animals came up in this session, one of the first groups to be consulted was OHS.”

 

Puppy Protection Act Passes

 

The most visible legislation approved by lawmakers was the Puppy Mill Protection Act, HB 2470. The measure, once signed by the Governor, will prohibit possessing more than 50 dogs that are two years of age or older for breeding purposes. Among other provisions, it requires that dogs be let of their cages daily for exercise and that cages be large enough for dogs to stand up and turn around in. 

 

For consumers, the bill would require sellers to provide information about a puppy’s breeding history and medical care. Consumers could also get refunds if a puppy suffers from a disease or congenital defect. The bill was originally introduced by the Humane Society of the United States and generated fierce opposition from commercial breeders.  Despite the relatively small steps taken by the bill, getting it passed required a major effort by OHS and other proponents.

 

“We wish the bill was stronger,” said Harmon. “Dogs deserve more time out of the cage than just an hour a day. But large scale breeders with hundreds of breeding dogs stacked in cages with wire floors,  have much to fear and we hope are forced out of business. Reputable breeders, however, said Harmon “should have no trouble complying with the modest standards imposed by this measure.

 

At the time legislators were debating the bill, OHS was participating in major dog rescues that highlighted the inhumane conditions of puppy mills. A major case in Washington involved almost 400 animals held in unsanitary and inhumane conditions. A smaller case in Grass Valley, Ore., required the rescue of 26 neglected cocker spaniels used for breeding (see stories, p. 3, 4).

 

Although the puppy mill legislation grabbed headlines, OHS worked hard for the passage of other important bills that would strengthen the status of OHS Humane Investigators and that would prevent convicted animal abusers from living in the same household with domestic animals.

 

“Thanks to the great outpouring of emails and phone calls from the public, these bills made it through the legislature,” said Harmon. “While these bills might seem like common sense measures to most people, there was still opposition to them in Salem.”

 

New Laws to Protect Animals

 

The following bills proposed by OHS were passed by the legislature and signed into law by the Governor.

 

SB 303 (passed Senate 30-0; passed House 38-20):  The bill requires OHS Humane Investigators (who are commissioned by the Governor to enforce animal cruelty laws) to complete additional certifications after they have graduated from the Oregon police academy. OHS supported this bill because it sets high certification standards that are appropriate for the work these investigators perform.

 

HB 3348 (passed Senate 16-8; passed House 56-2) Amends Oregon law to allow special agents commissioned by the Governor (such as OHS Humane Investigators) to apply for search warrants. Currently, only police officers and district attorneys may request that a judge grant a search warrant. Requesting a search warrant is an essential tool in pursing animal neglect and abuse cases.

 

SB 299 (passed Senate 29-0; passed House 55-0) Authorizes courts to remove any domestic animal from the household of someone who is prohibited from owning animals because of past abuse or neglect. While current law already prohibits offenders from owning domestic animals for five years, a loophole permits the offender to live in the same house with a spouse or friend who owns an animal--perhaps even the animal who was victimized by the offender. This exposes the animal to daily contact with the offender and the possibility of future abuse. Additionally, the bill adds animal fighting, dog fighting and cockfighting offenses to the list of offenses that bar possession of domestic animals. It also designates unlawful possession as a Class C misdemeanor subject to a fine of $1,250 and 30 days in jail.

 

SB 280, a new law to make being a spectator at a cockfight passed the House and was signed by the Governor.

 

SB 297 and SB 298 (passed Senate 28-1l; passed House 50-0). These bills strengthen prohibitions against placing victimized animals back in the householdof a convicted offender. They specifically bar courts and animal agencies caring for forfeited animals from returning those animals to the household of the offender. In addition, new owners of these animals must sign a contract stating that the pets won’t be in contact with their abusers. These bills also create the crime of “encouraging animal abuse,” defined as “knowingly allowing a person who forfeited an animal because of abuse to possess the animal.”

 

OHS also worked with lawmakers to passed SB 398, a measure proposed by the Humane Society of the United States that would add equines (horses) to the definition of animal abandonment. This measure, also awaiting the Governor’s signature, gives police another tool to combat horse abandonment.

 

The only bill put forward by OHS that did not succeed was SB 304, which would have required banks, lenders and mortgagors that foreclose on a home to provide minimum care for pets abandoned in the foreclosed home.

 

At a minimum, the lender would have been required to contact animal control or a local animal shelter to take custody of the abandoned animal. The Senate Consumer and Public Affairs Committee held a public hearing on the bill, but did not move it out of committee because it did not see sufficient evidence that this was a significant  problem in Oregon.