Oklahoma Dog Owners – Urgent Alert!

House Hearing Tuesday On Devastating Breeding Bill

by JOHN YATES
American Sporting Dog Alliance
http://www.americansportingdogalliance.org
asda@conline.net

This article is archived at: http://eaglerock814.proboards107.co...l&thread=20

OKLAHOMA CITY, OK - Pro-animal rights veterinarians and their allies are back again with a vengeance in Oklahoma, and are ramrodding legislation to target everyone who raises dogs under the guise of regulating “puppy mills.” If passed into law, this legislation would destroy hobby breeding of high quality purebred dogs in Oklahoma.

The House Economic Development and Financial Services Committee has set a hearing for Tuesday (February 10, 2009) on House Bill 1332, sponsored by Rep. Lee Denney and also known as the “Oklahoma Pet Quality Assurance and Protection Act.” The 4:30 p.m. hearing is open to the public, and the American Sporting Dog Alliance urges dog owners to attend.

It must be emphasized that this legislation is being fast-tracked for rapid passage, and it is urgent for Oklahoma dog owners to take clear and decisive action now. Failure to act greatly increases the chances that you will lose the right to raise dogs. Suggestions about how to take an active role in defeating this legislation are included later in this report.

Rep. Denney introduced an almost identical bill last year, but it was soundly defeated in the House Agriculture Committee following intense opposition by dog owners, the American Sporting Dog Alliance, and farmers and ranchers.

This year, however, Rep. Denny has cut a deal to circumvent the Agriculture Committee.

HB 1332 is before the House Economic Development and Financial Services Committee. Convincing leadership to put a bill in an inappropriate committee falls under the category of a political dirty trick. The committee is inappropriate because the state Department of Agriculture would administer and enforce the law.

This legislation:

· Prohibits an out of state breeder from transporting dogs into or through Oklahoma, which would effectively destroy dog shows, field trials and other canine events in the state. If a hobby breeder were to bring dogs to an Oklahoma event, the dogs could be confiscated and the owner would face heavy fines and penalties.

· Gives any animal control officer, peace officer or animal cruelty investigator unrestricted access to a kennel owner’s home, facilities, animals, records and property. The bill denies kennel owners constitutional right of protection from unreasonable searches and seizures, as no warrants are required. In addition, the simple act of owning a licensed kennel would allow any kind of peace officer to search a person’s property for any reason, and this power is not limited to animal laws. This provision alone is a completely unethical assault on the Bill of Rights.

· Effectively prohibits any Oklahoma resident from buying a puppy or dog from another state, as the breeder would have to be licensed in Oklahoma.

· Requires every breeder, rescue organization, animal shelter and pet store to be state licensed – not just dealers or commercial kennels – if they sell, give away or adopt out 25 or more animals a year. This would destroy many rescue programs.

· Says that a license will not be issued to anyone who has or has ever had a federal kennel license through the U.S. Department of Agriculture. This provision will destroy many well-run kennel businesses that meet or exceed all legal requirements for the care of animals, and result in the owners of those businesses losing many thousands of dollars that they have invested in land and facilities, also losing their livelihood. However, all kennels will be required to follow federal regulations for housing, care and other management issues.

· Gives the state the authority to implement complete regulations for the management of all kennels and the care of the dogs, with no provision for legislative approval or input from dog owners.

· Requires extensive record keeping, and kennel management and medical practices to be approved by a veterinarian. The legislation changes the legal status of dog owners to that of guardians, and removes all decision-making power from the hands of kennel owners. Dogs effectively become wards of the state under this legislation.

· Denies a license to anyone who is on probation or parole for any offense, even if they have nothing to do with animals. Licenses also are denied for anyone who has been found guilty of violating any statute pertaining to animals, including relatively minor offenses such as leash laws, local licensing laws and noise ordinances. In addition, purely technical or minor violations of state kennel regulations would cause mandatory denial.

· Provides fines of up to $2,500 for each violation, while granting the kennel owner only the right to an administrative appeal. Placing liens against a kennel owner’s property is authorized to collect fines, penalties and costs for seizing dogs. Several provisions allow the state to seize, confiscate and euthanize animals.

Here is a link to the text of HB 1332: http://www.okvma.org/associations/2...2009HB1332.pdf. (Please note that this is on the Oklahoma Veterinary Medical Association site, as the official state legislature site requires a complex search. The veterinarians’ group is pushing this legislation. The sponsor, Rep. Denney, is a veterinarian. The OVMA and its allies have invested hundreds of thousands of dollars into promoting this legislation, and have hired a full-time professional political lobbyist.)

We also see many unintended consequences to the legislation. For example, America’s troubled economy means that many people are forced to abandon their pets when they lose their homes or jobs. The destruction of rescue and fostering networks will lead to the needless death of thousands of beloved animals in Oklahoma, if this legislation is approved.

The legislation also is based on faulty premises, such as unsubstantiated claims that there are many illegal kennels in Oklahoma. No evidence has been given to support this outrageous claim. Moreover, if an illegal kennel exists, existing laws could fully address the situation. It is a waste of tax dollars to duplicate government services.

The American Sporting Dog Alliance urges every Oklahoma dog owner to contact each member of the House Economic Development and Financial Services Committee to express clear opposition to this legislation. Because the hearing is this coming Tuesday, please make these contacts as quickly as possible.

Our suggestion is to send an immediate email to each legislator, and follow it up with a fax or phone call. Even a brief note clearly stating your opposition will be important. Keeping your tone polite and respectful goes along way in public life.

Here is email contact information for the members of the House Economic Development and Financial Services Committee:

· Daniel Sullivan, Chair- danielsullivan@okhouse.gov;

· Randy McDaniel, Vice Chair- randy.mcdaniel@okhouse.gov ;

· John Affuet- johnauffet@okhouse.gov,

· John Carey (D) johncarey@okhouse.gov,

· George Faught (R) georgefaught@okhouse.gov,

· Charles Key (R) charles.key@okhouse.gov ,

· Guy Liebmann (R) guyliebmann@okhouse.gov,

· Skye McNiel (R) skye.mcniel@okhouse.gov,

· Lewis Moore (R) lewis.moore@okhouse.gov,

· Danny Morgan (D) dannymorgan@okhouse.gov,

· Pat Ownbey (R) pat.ownbey@okhouse.gov,

· Ron Peters (R) ronpeters@okhouse.gov,

· Mike Shelton (D) mikeshelton@okhouse.gov,

· Jabar Shumate (D) jabarshumate@okhouse.gov.

This link also will give information about each legislator’s phone, surface mail and email contact information: http://www.okhouse.gov/Members/MemberListing.aspx.

Please help Oklahoma dog owners.

The American Sporting Dog Alliance represents owners, breeders and professionals who work with breeds of dogs that are used for hunting. We also welcome people who work with other breeds, as legislative issues affect all of us. We are a grassroots movement working to protect the rights of dog owners, and to assure that the traditional relationships between dogs and humans maintains its rightful place in American society and life.

The American Sporting Dog Alliance also needs your help so that we can continue to work to protect the rights of dog owners. Your membership, participation and support are truly essential to the success of our mission. We are funded solely by your donations in order to maintain strict independence.

Please visit us on the web at http://www.americansportingdogalliance.org . Our email is asda@csonline.net .

PLEASE CROSS-POST AND FORWARD THIS REPORT TO YOUR FRIENDS

The link you gave to the Vet website does not work, but from what I can discern I am not entirely unhappy with it.

I see what they are trying to do and I commend their efforts. Oklahoma has a HUGE puppy mill problem. They must do something to stop the trafficing and abuse of so many innocent dogs that is going on in our state.

I am sure there will be unintended consequences, and that the bad ones will be the ones that don't comply, but it is a start to ending that puppy mills that we have.

http://okvma.org/associations/2557/files/HB1332_CS.pdf

DId you actually read this bill in its entirety before posting this?? Or are you simply going on the words of others??
This is not Breed specific legislation, this is a vital first step in cleaning up the Pet industry in oklahoma.

 Quote:

F. In no event shall a license be issued to a person or anyone
in the household of the person who:
1. Held or applied for a USDA kennel license in this state or
any other state; and
2. Whose license was suspended, revoked, or whose application
was refused due to improper care of animals.

(bolding and underlining are mine)
In your post you claim that no one with a prior USDA license would be able to get one in oklahoma, and that is clearly not the case, only those who have had it revoked need worry.

 Quote:

L. It shall be unlawful, without first obtaining an out-ofstate dealer/breeder license, for an out-of-state dealer/breeder to:
1. Transport animals into or within this state; or
2. Operate, maintain, or deal in any manner with animals going
into this state.

(bolding and underline are mine again)
It also specifies that this does not apply to those out of state people who are competing in a dog show or field trial event.

 Quote:

1. Has been convicted of or pleaded guilty or nolo contendere
to a violation of any local, state, or federal law relating to:
a. cruelty to animals,
b. the humane care, handling, or treatment of animals, or
c. animal fighting; or
2. Is currently on supervised probation by any state or federal
department of corrections.

I see nothing here about leash laws, minor traffic violations or any of the other inflammatory warnings you gave regarding who would be turned down.

Just to pick one teeny-tiny glaringly huge problem with this legislation (and very similar legislation suddenly being proposed or voted on in many states... I smell PeTA, BTW), to get a license, you must have your facility inspected by a vet, and the vet must sign off on the form.

What if you feed raw, and the vet doesn't like that?

If you live out of state and want to go to a dog even in the state, you must submit to the same veterinary inspection.

What if the vet disagrees with feeding raw, or minimal vaccinations.

Has anyone seen the episode of "King of the Hill", when Hank volunteers to take care of a deployed soldier animal, and gets taken for a ride by the vet, who knows that he has Hank's "tender parts" in a vice?

Do you think it's remotely possible that a vet might abuse this law?

Under this law, I can promise you, it will be virtually impossible for breeders to operate, who don't use minimal vaccinations and feed raw. All it takes is one veterinarian to disagree and refuse to sign the health certificate, and voila, you're done.

I do agree that it isn't perfect, and that there is the potential for abuse by vets and law enforcement, but it also is a step in the right direction because the problem with puppy mills is huge here.

From what I read and understood you do not have to have the certification to go to dog events or competitions, only to sell dogs in the state.

It depends.
If you plan to buy a dog there, you might.
If you plan to sell a dog there, you might.

 Quote:

It shall be unlawful, without first obtaining an out-of-state dealer/breeder license, for an out-of-state dealer/breeder to:
1. Transport animals into or within this state; or
2. Operate, maintain, or deal in any manner with animals going into this state.

 Quote:

“Out-of-state dealer/breeder” means a person who does not reside in this state and who buys, receives, sells, exchanges, transfers, negotiates, barters or solicits the sale, resale, or exchange of an animal in this state for the purpose of transferring ownership or possession to another party.

If you co-own an animal that resides in Oklahoma, or send an animal to stud in Oklahoma, that also makes you subject to their laws.

You don't have to pass new, ridiculous laws to crack down on puppy mills.

Enforce the animal welfare laws already on the books.

This is all a move by PeTA to shut down companion animal breeding- plain and simple.

i am moving to oklahoma in june and want to get my husband a GSD would this effect our getting a dog?

The laws don't go into effect until november of this year.

It wouldn't effect you, with the exception that after November, some breeders may be temporarily out of business while they scramble to get into compliance.