Friday, June 28, 2013

Oregon Law Regulating Rescues In Violation of 4th Amendment of the United States Constitution

New changes to the bill.  This bill has now been deemed an emergency for public peace, health and safety, so that it can be implemented the day its passed.  And most rescues do not even know about it.  It's really dangerous and unbelievable.....Had to add this change in the bill up top!  Who lets this happen?  This really is not supposed to happen in America.  Here is the added section declaring it a public emergency!  Can you believe this stuff?

SECTION 12.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. +

This means every rescue would be immediately in violation, since it takes effect immediately if passed and no rescues were even informed about this bill. 
The lunatics are running the asylum for sure.

Here's my original post, but the bill also has changed in its body too, declaring civil penalties rescuers can be given, and that if even record violations are discovered, all the animals can be impounded, I believe it reads (I don't speak governmentese) which usually means killed in most areas of Oregon.  this is for the good of the animals?  No.  Of course not.  It will drive rescues to close and kill animals and reduce options for animals.

I do not understand why someone would write something so harsh against rescues while also declaring rescues are a shelters' partners.

This is a vendetta against rescues seems to me.  Written by the director of the states' largest shelter who earns six figures.   What in the world?

Apparently, we rescuers, are on a par with terrorists in Oregon.  The clause allowing an enforcement agency to enter a rescue (usually our homes) upon any complaint and at any "reasonable" time, without a warrant, is in direct violation of the 4th Amendment of the United States Constitution.

I had a deep down gut outrage over the bill, that This is America and they can't just demand to enter people's houses without a warrant.  I'd forgotten.  I am protected.  I am protected from this by none other than the United States Constitution.  That's where that deep down outrage was coming from.

That's how serious this is.  That violating a rescuers rights under the constitution is not a big huge automatic no no, among Oregon legislators, is shocking.

Also, attempts to silence a Portland woman opposing the bill border on the surreal.  It's like the Sopranos.  I cannot believe this goes on.   The rich and powerful really are very very scary people!  I never got one reply back from any of the many senators I e-mailed in opposition.  However, a woman they probably deem better connected and up in Portland has received responses trying to get her to drop opposition or meet with them.

Can you believe that?  I can think that my opinion matters.  But they know I have no money.  They've never heard of me.  No money means no power, so fuck me and my little opinions.  These people are down right scary, these politicians affecting our little lives in drastic ways, with a yay or a nay vote on this or that yawner legislation.  Big Time Eye opener!

Apparently, we are not even considered Americans or we are considered so low on humanity's scale, that we are not due rights other citizens are granted.

Here is the 4th amendment of the United States Constitution:

The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated; and no Warrants shall issue but
upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.


And here is clause ten in the law under consideration by the Oregon legislators, known as Senate Bill 6 currently.  No warrant is required to demand entry to inspect in one's own home.  Normal citizens, even hoarders and animal abusers, can refuse until a warrant is procured.  Not rescuers.


SECTION 10.  { + (1) As used in this section and section 11 of
this 2013 Act:
(a) 'Animal' means any nonhuman mammal, bird, reptile,
amphibian or fish.
(b) 'Animal rescue entity' 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 in its custody 10 or more animals
and that solicits or accepts donations in any form.

(c) 'Enforcing agency' means the agency that operates a city or
county dog licensing and control program under ORS 609.035 to
609.110 or under any city or county ordinances or regulations
that operate in lieu of ORS 609.035 to 609.110, or any other
agency designated the enforcing agency by the city or county
governing body.
(2) Any animal rescue entity shall comply with all of the
following record-keeping requirements:
(a) Maintain a record for each animal that identifies:
(A) The date of birth for the animal or, if the date of birth
is unknown, the approximate age of the animal;
(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
to inspect records of the animal rescue entity required by this
subsection and furnish reports and information required by the
enforcing agency, as provided under section 11 of this 2013 Act.

(3) An animal rescue entity shall comply with the following
licensing requirements:
(a) The entity shall obtain a license issued by the enforcing
agency in accordance with this section and any rules or policies
adopted by the enforcing agency; and
(b) The entity shall pay a reasonable fee, as determined by the
enforcing agency, for a license or an annual renewal of the
license to provide for the actual cost of enforcing this section
and section 11 of this 2013 Act.
(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 section 11 of this 2013 Act.
(5) An animal rescue entity may transfer a license issued under
this section to another person with the written consent of the
enforcing agency, provided that the transferee otherwise
qualifies to be licensed 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 enforcing agency permitting the
performance of a background investigation of the transferee, and
the enforcing 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 section 11 of this 2013 Act.
(8)(a) A violation of this section may result in imposition of
civil penalties to be determined by the enforcing agency,
including but not limited to impoundment of all animals under the
animal rescue's control, the revocation of the animal rescue's
license to operate animal rescue operations 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) Moneys raised by the enforcing agency under this section
are dedicated to and shall be used for enforcing agency
operations undertaken pursuant to this section and section 11 of
this 2013 Act. + }
SECTION 11. { + (1) Whenever an authorized representative of
an enforcing agency is advised or has reason to believe that an
animal rescue entity is operating without a license, the
authorized representative may visit and conduct an on-site
investigation of the premises of the animal rescue entity. The
purpose of an investigation under this section is to determine
whether the animal rescue entity is subject to the requirements
of section 10 of this 2013 Act.
(2) At any reasonable time, an authorized representative of an
enforcing agency, 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 to determine
whether the entity is in compliance with section 10 of this 2013
Act.

(3) An authorized representative of the enforcing agency or a
law enforcement agency shall conduct an on-site investigation of
the premises of any licensed animal rescue entity if the agency
receives a complaint about the animal rescue entity related to
the failure to comply with the requirements of section 10 of this
2013 Act that the agency determines is credible and serious. The
investigation by the agency shall be limited to determining if
the animal rescue entity has failed to comply with the
requirements of section 10 of this 2013 Act.
(4) Any state agency that receives a complaint about a licensed
animal rescue entity shall notify the enforcing agency 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) If, during the course of an inspection made under this
section, the enforcing agency 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 shall seize the evidence and
report the violation to law enforcement. Evidence of animal
cruelty found through a valid inspection under this section shall
be presumed admissible in any subsequent criminal proceeding. + }
SECTION 12. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }

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Please contact your Oregon state senators or representatives to express outrage.   

If any of the people involved with this bill want to fix the wording so you're not in violation of the United State Constitution, make an exception. No rescue operating from their own home or foster homes are subject to the terms of this bill.   There.  An easy fix for you.  

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