Posts Tagged ‘HB 1332’

Let’s all calm down and look at the actual language of this bill and see what it truly says! Here are some myths and truths. Thanks to Ruth Steinberger and Brandi Coyner for some of this information.

Opponents of this bill are trying to scare rescue groups and animal welfare supporters into thinking this bill will shut down small rescue groups and humane societies. PLEASE do not believe these lies. Read on and see some evidence of how this is not at all true, and see why no reputable rescue would do anything but fully support this bill.

HB 1332 is before the House Economic Development and Financial Services Committee. Rep. Denny has cut a deal to circumvent the Agriculture Committee, because this is a business and commerce issue here, not an agricultural issue.
MYTH:

This legislation prohibits any 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.

False, they could not do this legally under any circumstances! This is absolute nonsense and would mean the state was regulating interstate transport, which is not going to happen, and certainly not under HB 1332. The law prohibits UNLICENSED breeders from transporting animals into and out of the state. True, many out of state breeders will not get licensed and therefore cannot attend dog shows, field trials, etc. But this is not the same as saying ALL out of state breeders cannot transport into and out of the state.
MYTH:

This legislation gives any animal control officer, peace officer or animal cruelty investigator unrestricted access to a kennel owner’s home, facilities, animals, records and property.

FALSE. There is no such thing as an “animal cruelty investigator” license in Oklahoma. This term was fabricated for the purpose of misleading people. This bill does give a peace officer or animal control officer (no such thing as an “animal cruelty investigator”) the right to enter a licensed facility to conduct an inspection, once he/she has stated the purpose of the inspection and presented proper identification.

It is correct that no warrant is required, because this is not an issue of personal property, even though your breeding facility may be your home. If you’re licensed, you’ve already been inspected anyway (on that initial inspection you have to undergo to become licensed). They aren’t coming into your home to look at your DVD collection or go through your jewelry drawer. They’re there to inspect the conditions of the animals being kept for commercial purposes on those premises.
MYTH:

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

FALSE. This is ridiculous, and undermines the argument of those who are saying that rescue groups/animal welfare groups oppose this bill. If this were true, why would the rescues oppose this bill? Why would rescues care about making sure people can purchase more dogs? And again, the interstate commerce thing: no state government can regulate interstate commerce, period!
MYTH:

This legislation 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 groups.

FALSE. This would not destroy ANY legitimate rescue organization- the regulations are based on meeting at least (or being above) USDA standards, something criticized by most animal welfare venues as being far too weak.

All non-profit shelters and rescues who have more than 25 animals in their care annually can obtain licenses for $25 regardless of the number of dogs they adopt out – and $25 will hardly put rescues out of business. Small scale rescue groups or individuals who rehome fewer than 25 dogs a year are exempt from all procedures in the bill.
MYTH:

This legislation takes away the rights of individuals in Oklahoma to own dogs.

People, this doesn’t even make SENSE. The only restriction on your owning dogs would be the limits set by your municipal code (in Oklahoma City you can only own four adult dogs), or perhaps by the owners of your property, if you rent. This legislation has NOTHING to do with individual pet ownership rights.
MYTH:

This legislation 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.

FALSE! This is the absolute opposite of what is in the bill! HB 1332 states that a USDA kennel is AUTOMATICALLY qualified for an Oklahoma license, and pays a nominal fee for the automatic licensure. THE INSPECTION IS NOT EVEN DUPLICATED. If you’re currently licensed by the USDA, you’re grandfathered in. End of story.
MYTH:

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.

This is fraudulent again. It only denies licensing to someone convicted of animal cruelty or animal fighting. Licenses can are denied for anyone who has been found guilty of violating any statute pertaining to animals, including leash laws, local licensing laws and noise ordinances In addition, violations of state kennel regulations would cause mandatory denial.
MYTH:

This legislation will require kennels and breeders to comply with so many unreasonable regulations that many will go out of business and be without their livelihoods.

FALSE. Most of the items are already in place by good kennels and breeders. These include practices such as extensive record keeping, use and proof of certified veterinary care, microchipping, and dogs not leaving the premises until 8 weeks of age. Certainly none of these is “unreasonable.” For these well-run kennels and breeding programs, it would simply be filing an annual application, undergoing an initial inspection (one time inspection!), and paying the annual fee (scaled by the number of dogs sold annually).
Bottom line:

We license drivers to indicate that they have passed some sort of basic skills assessment to demonstrate that they can be safe drivers. We charge a fee for this assessment and licensure.

Anyone who cuts hair, gives facials or manicures in Oklahoma has to have a license to demonstrate they have certain areas of knowledge and safety and hygeine practices.

Why is it so different to require that breeders, brokers and commercial facilities who produce, broker and sell live animals be subject to some type of licensure? It simply ensures a bare minimum standard of care for what are, don’t forget, live animals–not umbrellas or shoes or basketballs.

Note that the OVMA (Oklahoma Veterinary Medical Association) supports this legislation. These guys typically HATE anything that restricts animal-related commerce, and they are supporting HB 1332! Furthermore, a sizeable number of veterinarians also breed animals. What does that tell you?

Please read the full text of this bill and decide for yourself, but by all means, PLEASE be sure you have the facts. Attend the hearing today at 4:30 and call your legislators! It’s not too late!

And I speak to rescue volunteers and breeders alike: don’t let this be about your feelings for one particular person or organization. Don’t support or oppose this bill because someone else told you to (or because if so-and-so supports it, you just have to oppose it!). This is a time to put aside petty differences of opinion and take a stand for the welfare of animals in Oklahoma, and for the reputation of Oklahoma across this country.

Be informed, and make the decision for yourself.