Oklahoma Humane Federation
Legislative Alerts
February 25, 2009
Why Are Out-of-State Interests Working Hard to Kill HB 1332?
AKC and Unlicensed Puppy Mills - The Connection
Oklahoma is being blasted by out of state interests who are trying to get our legislators to oppose HB 1332. Who benefits from this?
Why is the AKC opposed to HB1332, the Oklahoma Pet Quality Assurance and Protection Act? Why has the AKC disseminated misleading information regarding HB 1332, including that this bill may harm dog shows and field trials, even though neither one are affected by the bill?
AKC is dependent upon licensing fees from unlicensed dog breeders, producing thousands upon thousands of "AKC" registered dogs each year. Each litter registration with AKC costs $25, plus $2 per puppy, the new owner then pays an additional $15 to register the puppy. For a litter of six puppies, AKC makes $112. Thousands upon thousands of puppies leave Oklahoma each year, many through a brokerage that has had a long term relationship with AKC.
AKC has extensive overhead with a New York City office and corporate salaries exceeding $2 million and are comprised of four different non-profit organizations.
AKC and Hunte Corporation (the world’s largest broker of puppy mill dogs) have a long standing relationship; Hunte processes over 80,000 puppies each year.
HB 1332 mandates that all facilities selling, trading, adopting out or otherwise transferring over 25 dogs, cats, kittens or puppies in a single year meet at least the minimum standards mandated under USDA.
This means that if the dogs are kept in cages instead of in the house, the cage must be at least the dogs length plus six inches, times the same for width. Under this law, a beagle could spend its’ life in a 32 X 32 inch cage; according to an AKC alert, HB 1332 could affect their show dog owners…funny, huh? They can stay there for life; these folks successfully objected to the addition of minimal exercise requirements.
Oklahoma Dog Breeding...are these the show breeders that could be harmed by HB 1332?
The USDA mandates that any vehicle used to haul animals provide air circulation and temperature control if the temperature is over 85 or under 45 degrees, unless the dogs have been acclimated to above or below these extremes (yes, even then they can get around it by saying the dogs are, “acclimated.”) There is no mandate for a particular type of vehicle-it can be a mini van or any other vehicle. But some people claiming to be, “show breeders,” say that the transport standards are too strict and could stop them…funny, huh?
Some rescue organizations have said the transport regulations could burden them because they are reading fear posts…read the standards and find out for yourself!
USDA mandates:
• That if the dogs are in cages, the cages be at least six inches longer than the dog, with six inches of headroom.
• That pets be transported in a manner that is safe and comfortable, has ventilation and is of reasonable temperatures. If this is too much, one should not be transporting dogs or cats.
While under USDA regulations the number of animals sold must be declared, the sale of puppies from street corner vendors is largely a cash business, making the unlicensed facility more profitable, yet a dog show organizer claimed that HB 1332 could hurt the USDA breeders…funny, huh?
With similar wording about each bill, AKC opposes progressive, much needed puppy mill legislation in at least 8 states this session:
• OR HB 2470 Limits number of breeding dogs, remedies for diseased dogs sold
• IL HB 198 Licensing dog breeders
• IN HB 1468 Expands definitions of animal cruelty
• MD HB 495 Limits number of breeding dogs
• MD SB 318 Limits number of breeding dogs
• NH HB 337 Licensing certain sellers of animals
• CO HB 1172 Limits number of breeding dogs, certify breeding dogs in good health
• MN SF 7 Defines standard of care for dog and cat breeders
• OK HB 1332 Requiring licensing and standards for breeding dogs
The AKC’s opposition to licensing and inspecting the nation’s intensive breeding operations (puppy mills) in ALL states is for their own financial gains…at the expense of Oklahoma.
Shame on American Kennel Club.
AKC’s 2006 IRS 990 can be found at www.guidestar.org, listed as AMERICAN KENNEL CLUB COMPANION ANIMAL RECOVERY CORPORATION
Next Steps
HB 1332 has passed out of committee and will soon be heard in the House.
Please send a sample letter to Oklahoma representatives, especially your own.
Dear Representative ________________,
Please support HB 1332. Out of state interests are working hard to kill this very needed bill. Many substandard breeders in our state operate a large cash industry which invites crime, consumer fraud and cruelty to Oklahoma.
The standards under this bill are very minimal and do not affect dog shows, field trials or other events. The transport standards mandate only that the animals have adequate ventilation and not be exposed to temperature extremes. HB 1332 supports the good quality breeders by eliminating those who save money by avoiding health care, proper nutrition, etc. The bad breeders are putting the burden on Oklahoma.
Please level the playing field and support HB 1332.
Sincerely,
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Thursday, February 26, 2009
Welcome
Welcome to Diane’s "The Animal’s Voice." The mission of this blog is to prevent animal cruelty, improve awareness of the plight of homeless animals and help all animals live a long, healthy and happy life.
It sounds so simple, yet our Oklahoma laws or lack thereof, make it one of the most difficult challenges I’ve ever met. I applaud every single person who has ever volunteered to help with animal rescue. Most of you have seen horror you never want to see again, but it never goes away. An animal’s voice cannot be heard over the ignorant and greedy so we must speak for them. As an animal foster home, I’ve always had the philosophy that you’ll never save them all; but saving just one will make a difference---and I continue to believe that. However, here is an opportunity to save many! It’s very simple and I’m going to tell you how. There is ample information on the web regarding Oklahoma laws but it’s not very well organized so I’ve set up this blog to organize it for you.
At this time, there is URGENT Oklahoma legislation pending regarding several animal rights issues and your legislators MUST hear from you NOW. Believe me, there are opposing groups that are very well organized and have already begun writing and calling their legislators to oppose bills that absolutely must be passed to ensure our animals are protected. That’s why each and every one of us as taxpayers must be heard LOUD and CLEAR. Please, please, please call or write or email your legislators, both State Representative and State Senator. I’ve included links so all you have to do is click on your computer---very simple. I’ve also included a sample of my own email request to approve HB1332 that I sent to my State Representative and my State Senator but it would be best to change it up so we don’t sound like cookie-cutters…they are looking for individuals that really care, and we DO. A good email includes the bill number and short description, how you want them to vote and why. You can be emotional but still be polite. If you have a personal relationship with legislators, PLEASE call them now!
An animal protection bill that didn’t even get out of the committee last year for lack of interest (they did not hear us loud enough) is HB1332. I’ve included it below (it’s also in the link "bills pending") to emphasize that WE MUST GET THIS BILL PASSED THIS YEAR!!! It recently made it through the committee but it has PUPPY MILL owners and abusers and the AKC (moneygrubbers) organized to oppose it big time! There are other bills pending that need attention as well but this one is PRIORITY. Please contact your legislators today and tell them you want it APPROVED!
Thank you in advance for listening and helping and tell your fur people friends to do the same.
Bills pending in Oklahoma legislature (includes the US Humane Society’s position)
http://www.hsus.org/legislation_laws/state_legislation/state-legislation-list.html?state=oklahoma
Find your State Representative and State Senator and email addresses:
http://www.capitolconnect.com/oklahoma/default.aspx
Diane’s sample email:
Representative or Senator X XXX, Please APPROVE HB 1332 which will provide for licensing and regulations for individuals, shelters, or businesses that acquire or sell domestic dogs and cats. Help us shut down unscrupulous breeders and tax evaders that foster animal cruelty and fraud. Having provided a foster home for many of these unhealthy and discarded animals, I’ve seen first hand how badly we need this legislation. Volunteers (taxpayers) at animal rescue organizations pick up the pieces after the owners of these breeding sites walk free with no commitment and no taxes paid. Not one week goes by that I do not cry for these animals. As a taxpaying Oklahoman, I urge you to take a stand with me to stop unregulated puppy mills and vote to approve HB 1332, the Oklahoma Pet Quality Assurance and Protection Act. Please VOTE YES ON HB 1332. Thank you very much, Diane
THIS BILL IS URGENT RIGHT NOW:
BILL SUMMARY
1st Session of the 52nd Legislature
Bill No.: HB 1332
Version: As Introduced
Author: Representative Denney
Date: February 10, 2009
Impact: $441,050 annually in salary and travel expenses, 6.5 FTEs
Bill Summary
Research Analyst: Arnella Karges
The introduced version of HB1332, to be known as the Oklahoma Pet Quality Assurance and Protection Act, directs the Oklahoma Department of Agriculture, Food, and Forestry to license and regulate individuals, shelters, or businesses that acquire or sell domestic dogs and cats within the state of Oklahoma. The act also prohibits licenses to be issued to those who have held or applied for a USDA kennel license and had such license or application denied due to improper care of animals. The proposed new law requires that a person or enterprise must first obtain a Quality Assurance License from the Department to purchase, sell, or transfer animals, with an exception for municipal shelters. The Department is authorized to create rules consistent with current USDA standards governing the housing and care of animals, management of dealer/breeder facilities, and the maintenance of records. The Department is also required to train and certify personnel to enforce the Act through regular inspections, focusing training on state and federal laws and identifying possible animal abuse.
Peace or animal control officers are authorized under the Act to conduct inspections of the locations utilized by individuals or enterprises for the care and housing of animals provided the officers state the purpose of the inspection and present credentials. Officers are authorized to enforce animal cruelty laws during these inspections. All records required by the act shall be considered open records. The State Board of Agriculture is authorized to create penalties for violations of the act, in addition to civil penalties from $50 to $2,500. Section 7 of the Act creates the Pet Quality Assurance Enforcement Fund consisting of all the fees, fines, penalties and goods received or collected under the act for the purpose of issuing licenses, investigations, breeder and consumer education and responsible ownership.
The Department may refuse to grant or renew, or may suspend or revoke, a quality assurance license in cases of fraud, criminal history related to animal abuse, refusal to allow inspections of property and animals and for violations of the Act. Licensees may have animals in their possession seized and impounded when a license is denied, suspended or revoked and the health of the animals is endangered.
All quality assurance animals must comply with breeding regulations to be sold. Quality Assurance animals must have health records and a microchip implanted for identification purposes. All quality assurance licensees must have a bill of sale for animals transported or purchased
Fiscal Summary
Fiscal Analyst: Mark Nichols
HB 1332, as introduced, creates the Oklahoma Pet Quality Assurance and Protection Act. The act requires anyone who would sell more than 25 animals to obtain a quality assurance license from the Oklahoma Department of Agriculture, Food, and Forestry. ODAFF is required to inspect facilities before issuing such license, and is allowed to establish fees for the purposes of implementing this act. ODAFF is also tasked with creating rules to enforce the provisions of this act. The measure also establishes at the State Treasurer’s office the Pet Quality Assurance Enforcement Fund. The purpose of the fund is to pay for expenses incurred by ODAFF as related to the provisions of this act.
Fiscal Analysis
Officials at ODAFF estimate that it will take 6.5 FTEs to successfully implement the program. The breakdown of employees is:
5 field staff salary and benefits: $236,250
Vet administrator salary and benefits: $78,300
One half of an admin asst salary and benefits: $23,000
Travel expense for field and office staff: $35,000
5 vehicles: $68,500
Total: $441,050
The measure also allows ODAFF to levy a fee on each applicant. The amount of the fee will vary based on the number of pets, and could range from $25 to $500 and would be placed in the Pet Quality Assurance Enforcement Fund and would potentially offset some of the costs involved in the enforcement of the act.
Long Term Fiscal Considerations
None
Fiscal Analysis Reviewed by:
House Fiscal Director
It sounds so simple, yet our Oklahoma laws or lack thereof, make it one of the most difficult challenges I’ve ever met. I applaud every single person who has ever volunteered to help with animal rescue. Most of you have seen horror you never want to see again, but it never goes away. An animal’s voice cannot be heard over the ignorant and greedy so we must speak for them. As an animal foster home, I’ve always had the philosophy that you’ll never save them all; but saving just one will make a difference---and I continue to believe that. However, here is an opportunity to save many! It’s very simple and I’m going to tell you how. There is ample information on the web regarding Oklahoma laws but it’s not very well organized so I’ve set up this blog to organize it for you.
At this time, there is URGENT Oklahoma legislation pending regarding several animal rights issues and your legislators MUST hear from you NOW. Believe me, there are opposing groups that are very well organized and have already begun writing and calling their legislators to oppose bills that absolutely must be passed to ensure our animals are protected. That’s why each and every one of us as taxpayers must be heard LOUD and CLEAR. Please, please, please call or write or email your legislators, both State Representative and State Senator. I’ve included links so all you have to do is click on your computer---very simple. I’ve also included a sample of my own email request to approve HB1332 that I sent to my State Representative and my State Senator but it would be best to change it up so we don’t sound like cookie-cutters…they are looking for individuals that really care, and we DO. A good email includes the bill number and short description, how you want them to vote and why. You can be emotional but still be polite. If you have a personal relationship with legislators, PLEASE call them now!
An animal protection bill that didn’t even get out of the committee last year for lack of interest (they did not hear us loud enough) is HB1332. I’ve included it below (it’s also in the link "bills pending") to emphasize that WE MUST GET THIS BILL PASSED THIS YEAR!!! It recently made it through the committee but it has PUPPY MILL owners and abusers and the AKC (moneygrubbers) organized to oppose it big time! There are other bills pending that need attention as well but this one is PRIORITY. Please contact your legislators today and tell them you want it APPROVED!
Thank you in advance for listening and helping and tell your fur people friends to do the same.
Bills pending in Oklahoma legislature (includes the US Humane Society’s position)
http://www.hsus.org/legislation_laws/state_legislation/state-legislation-list.html?state=oklahoma
Find your State Representative and State Senator and email addresses:
http://www.capitolconnect.com/oklahoma/default.aspx
Diane’s sample email:
Representative or Senator X XXX, Please APPROVE HB 1332 which will provide for licensing and regulations for individuals, shelters, or businesses that acquire or sell domestic dogs and cats. Help us shut down unscrupulous breeders and tax evaders that foster animal cruelty and fraud. Having provided a foster home for many of these unhealthy and discarded animals, I’ve seen first hand how badly we need this legislation. Volunteers (taxpayers) at animal rescue organizations pick up the pieces after the owners of these breeding sites walk free with no commitment and no taxes paid. Not one week goes by that I do not cry for these animals. As a taxpaying Oklahoman, I urge you to take a stand with me to stop unregulated puppy mills and vote to approve HB 1332, the Oklahoma Pet Quality Assurance and Protection Act. Please VOTE YES ON HB 1332. Thank you very much, Diane
THIS BILL IS URGENT RIGHT NOW:
BILL SUMMARY
1st Session of the 52nd Legislature
Bill No.: HB 1332
Version: As Introduced
Author: Representative Denney
Date: February 10, 2009
Impact: $441,050 annually in salary and travel expenses, 6.5 FTEs
Bill Summary
Research Analyst: Arnella Karges
The introduced version of HB1332, to be known as the Oklahoma Pet Quality Assurance and Protection Act, directs the Oklahoma Department of Agriculture, Food, and Forestry to license and regulate individuals, shelters, or businesses that acquire or sell domestic dogs and cats within the state of Oklahoma. The act also prohibits licenses to be issued to those who have held or applied for a USDA kennel license and had such license or application denied due to improper care of animals. The proposed new law requires that a person or enterprise must first obtain a Quality Assurance License from the Department to purchase, sell, or transfer animals, with an exception for municipal shelters. The Department is authorized to create rules consistent with current USDA standards governing the housing and care of animals, management of dealer/breeder facilities, and the maintenance of records. The Department is also required to train and certify personnel to enforce the Act through regular inspections, focusing training on state and federal laws and identifying possible animal abuse.
Peace or animal control officers are authorized under the Act to conduct inspections of the locations utilized by individuals or enterprises for the care and housing of animals provided the officers state the purpose of the inspection and present credentials. Officers are authorized to enforce animal cruelty laws during these inspections. All records required by the act shall be considered open records. The State Board of Agriculture is authorized to create penalties for violations of the act, in addition to civil penalties from $50 to $2,500. Section 7 of the Act creates the Pet Quality Assurance Enforcement Fund consisting of all the fees, fines, penalties and goods received or collected under the act for the purpose of issuing licenses, investigations, breeder and consumer education and responsible ownership.
The Department may refuse to grant or renew, or may suspend or revoke, a quality assurance license in cases of fraud, criminal history related to animal abuse, refusal to allow inspections of property and animals and for violations of the Act. Licensees may have animals in their possession seized and impounded when a license is denied, suspended or revoked and the health of the animals is endangered.
All quality assurance animals must comply with breeding regulations to be sold. Quality Assurance animals must have health records and a microchip implanted for identification purposes. All quality assurance licensees must have a bill of sale for animals transported or purchased
Fiscal Summary
Fiscal Analyst: Mark Nichols
HB 1332, as introduced, creates the Oklahoma Pet Quality Assurance and Protection Act. The act requires anyone who would sell more than 25 animals to obtain a quality assurance license from the Oklahoma Department of Agriculture, Food, and Forestry. ODAFF is required to inspect facilities before issuing such license, and is allowed to establish fees for the purposes of implementing this act. ODAFF is also tasked with creating rules to enforce the provisions of this act. The measure also establishes at the State Treasurer’s office the Pet Quality Assurance Enforcement Fund. The purpose of the fund is to pay for expenses incurred by ODAFF as related to the provisions of this act.
Fiscal Analysis
Officials at ODAFF estimate that it will take 6.5 FTEs to successfully implement the program. The breakdown of employees is:
5 field staff salary and benefits: $236,250
Vet administrator salary and benefits: $78,300
One half of an admin asst salary and benefits: $23,000
Travel expense for field and office staff: $35,000
5 vehicles: $68,500
Total: $441,050
The measure also allows ODAFF to levy a fee on each applicant. The amount of the fee will vary based on the number of pets, and could range from $25 to $500 and would be placed in the Pet Quality Assurance Enforcement Fund and would potentially offset some of the costs involved in the enforcement of the act.
Long Term Fiscal Considerations
None
Fiscal Analysis Reviewed by:
House Fiscal Director
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