Since Oregon’s economic downturn began, there has been a notable increase in the reporting of allegedly abandoned and neglected horses throughout the state. In an effort to curb this trend and protect Oregon’s horses, Oregon state legislators are considering two important changes to state law that affect Oregon’s horse population. The first proposal, Senate Bill 398, criminalizes the abandonment of horses. The second proposal, Senate Bill 304, would require mortgagors taking possession of real property to make certain minimum arrangements for the care of any horse abandoned on the property.

Senate Bill 398: Oregon’s criminal animal abandonment statute, Oregon Revised Statute 167.340, was originally adopted in 1985. ORS 167.340 states that, “A person commits the crime of animal abandonment if the person intentionally, knowingly, recklessly or with criminal negligence leaves a domestic animal at a location without providing for the animal’s continued care.” ORS 167.340(1) (2007). Since its adoption in 1985, ORS 167.340 has not applied to horses and other livestock. Instead, the statute applied solely to domestic animals, such as dogs, cats, and other household pets.

As proposed, Senate Bill 398 would amend ORS 167.340(1) to make the statute also specifically applicable to “equines,” defined in the bill as “a horse, pony, donkey, mule, hinny, zebra or a hybrid of any of these animals.” Senate Bill 398 is intended to create a disincentive to abandonment, and to hold those criminally accountable for abandonment. If enacted into law, Senate Bill 398 will treat horse abandonment as a Class B misdemeanor. Anyone found guilty of abandoning a horse, or other equine, could be imprisoned for up to one year, or subject to a fine, or both.

Senate Bill 304: The increase in the number of real estate foreclosures throughout Oregon has also apparently prompted some horse owners to abandon horses when their bank or mortgage company retakes possession of their real property. To address this problem, Senate Bill 304 proposes to create a new law in Oregon requiring mortgagors to provide minimum care and to arrange for a law enforcement agency, animal control agency, or an animal shelter to take custody of any horses abandoned on the applicable premises. Senate Bill 304 would also criminalize the mortgagor’s failure to provide the minimum care, with the punishment dependant upon the resulting harm to the horse.

Specifically, proposed Senate Bill 304 would require the mortgagor to (1) “provide or arrange for the provision of minimum care” for the horse(s), and (2) no later than the next business day after discovering the abandoned horse(s), “notify or otherwise arrange for a law enforcement agency, animal control agency or animal shelter to take custody” of the horse(s).

Senate Bill 304 would also subject a mortgagor who fails to provide minimum care to Oregon’s animal neglect statutes, which have a maximum penalty of six months’ imprisonment, a $2,500 fine, or both. However, if the mortgagor’s failure results in serious physical injury or death to the horse(s), the maximum penalty would increase, up to one year of imprisonment, a $6,250 fine, or both. Additionally, a mortgagor’s failure to notify a law enforcement agency, animal control agency, or animal shelter to take custody of the abandoned horse(s) is also a misdemeanor, subject to a maximum $90 fine.

Finally, Senate Bill 304 would also authorize an animal shelter taking custody of a horse under these circumstances to petition the court for an order forfeiting the animal to the shelter.

Given the rise in the number of the reported incidents of horse abandonment and the potential harm to these animals, Senate Bills 304 and 398 are important steps taken to protect Oregon’s horses. For more information on the content and status of this important legislation, you can go to the Oregon state legislature’s website, www.leg.state.or.us. I also encourage you to contact your local state representative and/or senator to show your support for Senate Bills 304 and 398.

Disclaimer:

This article does not constitute legal advice, nor does it create an attorney-client relationship. If you have a question regarding a specific situation, your question should be directed to a knowledgeable attorney.

[As of the date this article was submitted for publication, neither proposed change has been signed into law by Oregon’s governor, Ted Kulongoski.]