Help Oklahoma pass the Pet Quality Assurance Bill (HB1332)

[Katys mom]

Oh yeah it also says you can not sell a puppy younger than 8 weeks.

[jencar98]

Originally Posted by Katys mom

-Yes, if you abuse dogs you can not get a license
-Yes it requires medical records to be kept on everydog and those records to be available for viewing for anyone considering purchasing a dog.
-Yes, it requires that you have a license and your kennels are subject to inspection if you sell dogs in Oklahoma.
-I know for a fact!!!! that there are bad unlicensed breeders here, we have done the undercover work ourselves and have tried desperately to get it stoped.
-Wrong, this will not put rescues out of business, the fee for rescues is $25.00-$100. If this stops the bad breeders then our job will be easier.
-No, does not stop dog shows or people bringing their show dogs to the state, only unlicensed breeders bringing dogs to sell.

Please read the bill for yourself. You can see the truth. Here is a link to it

/doc/hb1332.pdf"]http://okyorkierescue.org/doc/hb1332.pdf[/URL]

I read it differently then Michelle, my understanding is that any exhibitor/breeder, even if they were participants in a dog show would have to be licensed in the State. It's not just "unlicensed breeders bringing dogs to sell". So, I certainly see why exhibitors would no longer want to show in Oklahoma.

I remember telling you all we have to be careful of animal rights legislation and it's ramifications. On the surface it sounds all good but as with many of these bills, "the devil is in the details".

Copied from the bill.

L. 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.

[yorkiekist]

Originally Posted by jencar98

I read it differently then Michelle, my understanding is that any exhibitor/breeder, even if they were participants in a dog show would have to be licensed in the State. It's not just "unlicensed breeders bringing dogs to sell". So, I certainly see why exhibitors would no longer want to show in Oklahoma.

I remember telling you all we have to be careful of animal rights legislation and it's ramifications. On the surface it sounds all good but as with many of these bills, "the devil is in the details".

Copied from the bill.

L. 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.

Thats how I read it also.

[bugsmomma]

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[bugsmomma]

8. You can't get a license if you are on probation/parole no matter the offense. You can't get a license of you have been convicted of an offense pertaining to animals even if it is a techical violation.
Response:
Section 3 -G. In no event shall a quality assurance license be issued to a person, or to a person who resides with an individual who has been convicted of or has pleaded guilty or nolo contendere to a violation of any federal, state, or local law or regulation pertaining to:
1. The humane treatment of animals;
2. Cruelty to animals;
3. Endangering the life or health of an animal;
4. The care, treatment, sale, possession, or handling of animals; or
5. Animal fighting.
2. Is currently on supervised probation by any state or federal department of corrections.
So, if you are a convicted sex offender and you are NOT on parole or probation, you can get a license. I guess I missed the part where if I violate the leash law or a noise ordinace, I can't get the license. If you find that one, again, let me know.

9. 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.
Response:
Section 7 B. In addition to the applicable penalties contained in the Oklahoma Pet Quality Assurance and Protection Act, any violation of this section shall constitute a civil offense punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Two Thousand Five Hundred Dollars ($2,500).
Section 7 -C. No penalty shall be assessed unless the person charged shall have been given notice and an opportunity for a hearing on the charge in accordance with the Oklahoma Pet Quality Assurance and Protection Act.
So, yes, the fines are UP to $2,500 and you have, as with any other license, the opportunity for a hearing. This is pretty much the standard for all other licenses in the state. You can violate a licensing standard and after a hearing, you may lose the license but not face criminal charges but if the violation is severe enough, you can have your day in court instead of the hearing!!
I urge everyone to read the bill. Do not leave your decsion up to someone else's interpretation and spin of the information (especially if they don't even live in your state!!). Find out the FACTS, make an informed decision and express your opinion!

[mscat]

Keep us updated on what happens!

[bugsmomma]

For those of you concerned about how this bill will affect dog shows in the state, here is the amendment the committee made:

I move to amend HB1332



Of the printed Bill
Page 8 Section 3 Lines 18-1/2
Of the Engrossed Bill
By inserting a new paragraph to read as follows:

“This subsection shall not apply to an out-of-state dealer/breeder who is performing the acts prohibited by paragraphs 1 and 2 of this subsection for the sole purpose of participating in a dog show or a field trial event.”

[nopuppymills]

Wow, that is hard to read..

What isn't hard to read is the actual bill.
http://okyorkierescue.org/doc/hb1332.pdf

BTW, it would NOT effect dog shows. It defines Dealers so unless these dog show people are trying to sell their dogs.. Please people READ the bill for yourself.

BTW, you linked to the Oklahoma Vegetative Management website, not Veterinarian. The vets I've talked to are all for this bill, not sure about the plants however..

Originally Posted by yorkiekist

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 /2557/files/ 2PQA2009HB1332. 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.