[ SHOWGSD-L ] OKLAHOMA anti dog legislation passes committe

  • From: Diane Brantley <texasgsds@xxxxxxxxx>
  • To: showgsd-l@xxxxxxxxxxxxx
  • Date: Sun, 15 Feb 2009 16:01:59 -0800 (PST)

Evan, one question.  Could this bill, if passes,  be challenged on the basis of 
violation of federal interstate commerce laws?  Thanks
 
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If you have not yet heard, this could have an effect on all of us....showing & 
judging as well as those who may travel through Oklahoma to attend our shows.
 
Cheryl
 
It is with great sadness that I must report to you that Oklahoma HB passed 
unanimously in committee, passed through the House floor with a vote of 11-2, 
(10 members of the House weren't even present to vote, as they had no idea 
their constituents felt this was important!!! ) and will now be going to the 
Oklahoma Senate for a vote. Please, PLEASE help stop this bill from passing. If 
it does pass, there will be no more dog shows in OK. I cannot stress enough 
what a hideous bill this is.
 
Briefly this bill would do the following:
>
> 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. (Section 2.13)
> (Section 3.B) (Section 3.L.1 and 2)
> 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. (Section 5.A)
> Effectively prohibits any Oklahoma resident from buying a puppy or
> dog from another state, as the breeder would have to be licensed in
> Oklahoma. (without an OK quality assurance license, if an OK
> resident bought an animal outside of the state, they are breaking the
> law as records of purchase origin have to be with each and every
> animal)
> 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. (Section2.3)
> 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. (Section 3.F.1)
> 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.
> (Implied throughout the bill but nothing specific is defined as to
> what constitutes the law, but can be changed as seen fit to the
> situation and deemed necessary by the Animal Control Officer)
> Requires extensive record keeping, and kennel management and medical
> practices to be approved by a veterinarian. (Section 3.H.2)
> 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. (Implied throughout the bill as the state has the
> ultimate rights for the animal and no property rights are maintained
> by the owner/breeder)
> 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. (Section 3.F.2) (Section
> 3.G.1, 3, 4) (Section 8.B) (Section 8.C.2) (Section 8.C.B)
> 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. (Section
> 7.B) (Section 9.A, B, D, F)
>
> Here is the link to the Oklahoma Senators.
> http://www.oksenate .gov/Senators/ directoryalpha. htm
>


      
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