Legislative

Legislation that would unfairly limit breeding in Oklahoma passed out of Committee last week, but our grassroots message against HB 1332 is resonating.

The "Oklahoma Pet Quality Assurance and Protection Act", sponsored by Representative Lee Denney and Senator Cliff Branan, attempts to create a comprehensive state kennel licensing and inspection system. But responsible dog owners have cautioned legislators that the bill was poorly drafted and would do little to ensure quality pets for Oklahoma consumers. In fact, by targeting dog and cat hobby breeders as well as pet rescue and foster home operations, it threatens to eliminate some of the best sources of healthy pets for the community.

In a nutshell, HB 1332:

Requires a "quality assurance license" for any person who sells, gives away or transfers a cumulative total of 25 or more animals of any age in one calendar year. This applies to breeders, dealers, animal rescues, out-of-state dealers/breeders, shelters and retail pet stores.

Stipulates that out of state breeders cannot transport in OK without a state license. Under the substitute bill provisions allow the exclusion of those that participate in only in dog shows and field trials. This leaves many who travel into Oklahoma for other dog related events. This statement that was inserted to appease Oklahoma's Dog Clubs and now excludes many other dog sports and activities such as training sessions, informal matches, hunting activities and public awareness events which are not classified as a dog show or field event.

The Law defines out of state dealer/breeder as a person who does not reside in the 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. Under this definition, anyone buying or selling one dog in the state or if asking someone (or being asked) at a show about buying a dog, or obtaining a dog from a breeder's contract, makes you an out-of-state dealer/breeder if you don't live in the state. Breeding and dealering are not equivalent activities

Gives any animal control officer, peace officer or animal cruelty investigator unrestricted access to the premises of an individual's home, facility, animals and records.

Imposes fines of up to $2500 for each violation, offering administrative appeal as the only recourse available to animal owners.

The law lacks specificity regarding the mandatory requirements, leaving

development of specifics to an undefined regulatory effort by the state.

While NAIA continues to promote steps to eliminate substandard breeders we cannot support HB 1332 for the following reasons:

It takes an unreasonable, broad-brush approach to a complicated and multi-faceted issue.

It would have the unfortunate effect of harming responsible small hobby breeders and rescue and shelter operations, while pushing substandard operations underground.

It is unnecessary because it duplicates federal regulation.

It would make it impossible for dog and cat shows to continue operating in Oklahoma, resulting in the loss of millions of tourism dollars for the state's economy.

It denies animal owners constitutional right of protection from unreasonable searches and seizure, as no warrants are required.

There are more effective solutions available to help eliminate substandard kennels, from greater enforcement of existing anti-cruelty and nuisance laws to educating consumers about how to seek out responsible and humane sources of healthy pets.

Please use these criticisms, as well as the talking points provided below to educate your Representative about the negative ramifications of HB 1332. Take a moment to send a polite, informative email now.

Thank you for TAKING ACTION to stop this anti-pet legislation!

Includes all animal rescue organizations that utilize foster homes if they transfer more than 25 animals per calendar year and provides exclusions for municipal shelters. This puts an unfair burden on legitimate rescue organizations that provide a valuable community service. Rescue organizations that provide foster home systems provide health care, behavioral training and meet the basic needs of dogs that may not otherwise be adoptable due to the lack of socialization. Foster homes provide this care in a home like environment so that adopted pets have a better success rate when placed with their new owners.

Calls for the Oklahoma Department of Agriculture to develop and implement regulations pertaining to this bill. There is nothing that requires representation from stakeholders or public input. Administrative rules provide for notice to the public but does not require for stakeholder participation in the development of the actual regulations. Experts and responsible breeders should be consulted in the development and implementation of such a complicated process. Any legislation which has a large impact on stakeholders, consumers and tax payers should make stakeholder participation a requirement and state this in statute.

HB 1332 if enacted would impose regulations which mirror USDA standards designed for commercial breeding operations. Small breeders provide a home environment to prepare the puppy for live with a new family. To impose the same regulations on these small breeders would be unfair.

The bill proposes to assess fees and fines as the revenue source to implement and sustain the activities of this law. Even if these were assessed based on the questionable estimation given as to the number of breeders in the state the funding would still not meet the estimated half a million dollars to develop and implement this new program. The state bares the fiscal responsibility to ensure that funds are available to support this program and the state's fundraising method is to increase and collect taxes. Oklahoma's revenue in January 2009 has been reported at $50 million below the expected revenue. State agencies are cutting costs and with the probability of continued revenue short falls this is not the time to impose additional tax burdens on Oklahomans.

HB 1332 grants government employees almost unfettered access to any place within the State in violation both of section 1130 of the Oklahoma Constitution and of the Constitution of the United States. It permits warrantless searches of any place provided that the agent states the purpose of the inspection and shows credentials. It neither provides a nexus between the governmental function performed, a legislatively mandated need for the inspection, a reasonable cause to believe that an inspection is required, or a duly authorized search warrant to enter a premises. Furthermore, since the inspectors and department personnel have the authority described under section 6-310 of Title 2 of the Oklahoma statutes, which includes the powers of arrest and confiscation of property, they fall squarely within the constitutional restrictions on searches applicable to peace officers.

Penalties include liens against the licensee's personal property for failure to meet fines. While understandable that the state would want to recoup fines, it seems excessive and vindictive to attach liens to personal property.

Responsible breeders follow ethics guidelines and existing federal laws. The provisions of HB 1332 will force substandard breeders to burrow further underground making identification and enforcement impossible.

There are no incentives for those that follow ethical guidelines established by Parent Breed Clubs, obtain health and genetic testing to ensure consumers have healthy quality family pets.

The bill does not list an element for consumer protection and attaches all the responsibility to breeders. There is nothing that encourages consumers to purchase from responsible sources and provides education in finding healthy pets.

Questions about pending legislation?

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