Mandatory Spay Neuter Law Proposal-OK

[ShepVet]

STATE OF OKLAHOMA
2nd Session of the 49th Legislature (2004)
SENATE BILL 1130 By: Helton

AS INTRODUCED

An Act relating to animals; creating the Dog and Cat Ownership Responsibility Act; providing short title; stating responsibility of dog and cat ownership; defining terms; requiring certain animals of a certain age to
be neutered or spayed; providing exceptions; specifying type and cost of certain licenses; requiring disclosure of permit or license number; setting fine and penalty; requiring the State Department of Health to promulgate
rules; authorizing the Department to contract with certain persons to issue licenses; providing for apportionment of revenue; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 499.11 of Title 4, unless there is created a duplication in numbering, reads as follows:

This act shall be known and may be cited as the "Dog and Cat Ownership Responsibility Act".

SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 499.12 of Title 4, unless there is created a duplication in numbering, reads as follows:

For the purposes of this act, "Dog and Cat Ownership Responsibility" means responsible pet ownership by discouraging breeding, reducing pet over-population by encouraging spaying or neutering of pets, and ensuring
that each cat and dog born in the State of Oklahoma has a good and permanent home.

SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 499.13 of Title 4, unless there is created a duplication in numbering, reads as follows:

As used in the Dog and Cat Ownership Responsibility Act:

1. "Domestic animal" means a dog or cat;

2. "Person" means any individual person, partnership, or corporation;

3. "Neutered" means to have nonfunctioning generative organs and includes a female who is spayed;

4. "Veterinary exemption" means any exemption from spaying or neutering when, in the opinion of an Oklahoma-licensed veterinarian, the animal's health prevents the operation from being done safely; and

5. "License for breeding" means a written authorization, issued annually by the State Department of Health, giving the holder permission to breed a dog or cat.

SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 499.14 of Title 4, unless there is created a duplication in numbering, reads as follows:

A. It shall be unlawful for any person to own, harbor, or keep a female dog or cat over the age of four (4) months or a male dog or cat over the age of six (6) months within the State of Oklahoma who has not been neutered, unless such person holds a license for breeding cats and dogs issued by the State Department of Health.

B. The following shall be exempt from the provisions of this act:

1. Domestic animals determined by a licensed veterinarian unsuited to undergo surgical procedure; and

2. Animals under the care of governmental and animal control agencies, 501(c)(3) nonprofit animal rescue organizations, and humane societies for
the prevention of cruelty to animals as provided for in the Dog and Cat Sterilization Act.

SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 499.15 of Title 4, unless there is created a duplication in numbering, reads as follows:

The license for breeding referred to in Section 3 of this act shall be called the "Intact/Breeding/Sale License or Permit". There shall be three (3) classes of licenses as described below:

1. "Intact license" means a license or permit authorizing the holder to possess any dog or cat that has not been neutered or spayed. The cost per animal shall be One Hundred Dollars ($100.00) per year;

2. "Noncommercial breeders license" means a license or permit authorizing the holder to possess a dog or cat which produces a single litter, whether intentional or unintentional and has no more than three (3) licensed animals per household per year. The cost per animal shall be One Hundred Dollars ($100.00) per year; and

3. "Commercial breeders license" means a license or permit authorizing the holder to possess a dog or cat which has more than a single litter per licensed animal per year. The cost per location shall be One Thousand
Dollars ($1,000.00) per year.

SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 499.16 of Title 4, unless there is created a duplication in numbering, reads as follows:

A. Any holder of a breeding permit who advertises to the public the availability of any dog or cat for sale, adoption or transfer, whether for compensation or otherwise, must prominently display the permit or license number on any such advertisement and on any receipt of sale or transfer document.

B. Commercial establishments selling Oklahoma-bred dogs or cats shall prominently display permit numbers of the breeders whose dogs and cats are sold in such establishments.

C. All licensed breeders shall be required to provide to the buyer of any dog or cat the following notice: "It is state law to have such dog or cat neutered or spayed on or before age four (4) months for females and six (6)
months for males or the buyer must purchase an intact license, noncommercial breeders license, or a commercial breeders license."

D. Any person found guilty of violating any of the provisions of this act shall be subject to a fine of Five Hundred Dollars ($500.00) or six (6) months in jail or both and litter/litters found in possession of such person shall be forfeited to the appropriate animal control or law enforcement language.

SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 499.17 of Title 4, unless there is created a duplication in numbering, reads as follows:

A. The State Department of Health shall promulgate rules for the issuance of licenses as required by this act.

B. The Department shall contract with motor license agents for the purpose of issuing such licenses. All revenue derived pursuant to the provisions of
Section 5 of this act shall be apportioned as follows:

1. For all intact licenses and noncommercial breeders licenses, Five Dollars ($5.00) to the motor license agent, Twenty-five Dollars ($25.00) to the State Department of Health, Twenty Dollars ($20.00) to the county law
enforcement agency in which the animal is licensed, and Fifty Dollars ($50.00) to the municipality or town in which the animal is licensed; and

2. For all commercial breeders licenses, Fifty Dollars ($50.00) to the motor license agent, Two Hundred Fifty Dollars ($250.00) to the State Department of Health, Two Hundred Dollars ($200.00) to the county law
enforcement agency in which the animal is licensed, and Five Hundred Dollars ($500.00) to the municipality or town in which the animal is licensed.

SECTION 8. This act shall become effective November 1, 2004.

[ShepVet]

I do NOT know why there are smiley's for the D's, I apologize as I did NOT insert them.....

[freundhund]

Interesting. We have some things like this in the state of Australia that I live in. We also have compulsory microchipping of all dogs and cats in our state.

Unfortunately this sort of legislation impedes the small breeder who has one or two dogs. It tends to do nothing in regards to the small crossbred puppies supplied to petshops by unscrupulious puppy mills. These people tend to ignore the laws.

I hope that adjustments are made to enable the caring purebreed breeder to be allowed to have litters occasionally.

I believe that all, that will happen is that your state"s pet shops will have puppies supplied from interstate and it will be harder to buy a good quality pedigree animal within your state.

Regards

Freundhund

[ShepVet]

Yesterday afternoon I learned that Senator Cal Hobson, President of the Oklahoma Senate, killed Senate Bill 1130 (the Mandatory Spay/Neuter Bill).

Good Work Cal!!!

[Currmudgeon]

ShepVet said:

Yesterday afternoon I learned that Senator Cal Hobson, President of the Oklahoma Senate, killed Senate Bill 1130 (the Mandatory Spay/Neuter Bill).

Good Work Cal!!!

Excellent.

This was the first step in outlawing private ownership of animals. It was also guaranteed to promote the drowning of unwanted puppies, and reduce people's willingness to bring sick dogs to the vet for care. A bad, dangerous idea all around.

We need a less intrusive government, not a more intrusive one.