[ SHOWGSD-L ] Okalahoma, Substitute HB 1332 letters!===LONG. but...
- From: stormy435 <stormy435@xxxxxxx>
- To: "showgsd-l@xxxxxxxxxxxxx" <showgsd-l@xxxxxxxxxxxxx>
- Date: Mon, 16 Feb 2009 08:42:03 -0800
Here's where it gets gritty. The appeasement to showdogs's owners to keep them
quiet. WRITE!! Talking points included in this long and factual post from the
OAIA (Oklahoma Animal Interest Alliance)/
S
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The FACTS About Committee Substitute HB 1332
The Oklahoma Pet Quality Assurance Act
February 15, 2009
HB 1332: Pending legislation that will require that anyone who is a
breeder, person, firm, corporation or other association that qualifies and
is certified as a breeder, dealer, animal rescue, out-of-state
dealer/breeder, shelter, or retail pet store that sells, gives away, or
transfers a cumulative total of twenty-five or more animals of any age in
any one (1) calendar to be subject to licensure and inspections which mirror
USDA standards. This legislation contains the following:
.. Includes all animal rescue organizations that utilize foster homes
if they transfer more than 25 animals per calendar year and excludes all
shelters.
.. 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.
.. 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. This should be put into the
legislation to ensure that participation of stakeholders is guaranteed.
.. The bill will duplicate federal regulations and laws already in
place. It would be more beneficial and fiscally responsible to build
legislation to support the federal agency and enforce laws already in place
not duplicate efforts.
.. 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 on the questionable estimation given as to the number of breeders
in the state the funding would still not meet the estimated $500,000 to
develop this new program. The state bares the fiscal responsibility to
ensure that funds are available. The state's fundraising methods are to
impose higher taxes. With the expected shortfall in state revenue and the
threat of cutting services to Oklahomans this is not the time to impose
additional tax burden on Oklahoma's individuals and families
.. The provisions regarding warrantless search and seizure by
enforcement personnel are clearly unconstitutional. The following is a
direct quote from the text of the bill: Oklahoma Department of Agriculture,
Food and Forestry personnel and agents shall have the right to enter the
premises of an individual or facility and conduct inspections. Supporters
of this bill state this pertains to licensees and/or applicants however the
language of this bill does not define an "individual". It appears that this
leaves the door open for those that do not qualify to be subjected to
unwarranted searches and seizures. The legislation should state
specifically that inspections/searches pertain to only those that are
applicants and/or licensees.
.. 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 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.
Summary: HB 1332 continues to impose punitive measures that duplicate
federal efforts. This bill will have a negative impact on responsible
breeders with valid USDA licenses, those that visit our state for recreation
and legitimate organizations that provide a valuable rescue services to
animals. .
While OAIA encourages animal advocates to look for solutions to community
pet issues HB 1332 as written cannot solve the issues of producing healthy
pets for consumers and eliminating substandard breeding practices.
OAIA logo 300dpi.jpg
Oklahoma Animal Interest Alliance
email: oaiasec@xxxxxxxxx
--
Stormy Hope
carpoc.org
GSDCA Member
And more clubs
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