STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 128	By:	Schulz

AS INTRODUCED

An Act relating to the Commercial Pet Breeders Act; amending Section 2, Chapter 210, O.S.L. 2010 (59 O.S. Supp. 2010, Section 5002), which relates to definitions; adding definitions; adding exemption; providing codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 2, Chapter 210, O.S.L. 2010 (59 O.S. Supp. 2010, Section 5002), is amended to read as follows:
Section 5002.  As used in the Commercial Pet Breeders Act:
1.  “Adult animal” means an animal six (6) months of age or older;
2.  “Animal” means a dog or a cat;
3.  “Cat” means a mammal that is wholly or partly of the species Felis domesticus;
4.  “Commercial breeder” and “commercial pet breeder” mean any individual, entity, association, trust, or corporation who possesses eleven or more adult intact female animals for the use of breeding or dealing in animals for direct or indirect sale or for exchange in return for consideration;
5.  “Person” means any individual, association, trust, corporation, limited liability company, partnership, or other entity;
6.  “Board” means the Board of Commercial Pet Breeders;
7.  “Commercial pet breeder license” means a license issued to any person that qualifies and is licensed as a commercial pet breeder;
8.  “Dog” means a mammal that is wholly or partly of the species Canis familiaris;
9.  “Executive director” means the executive director of the Board;
10.  “Facility” means the premises used by a commercial breeder for keeping, housing, or breeding animals.  The term includes all buildings, property, and confinement areas in a single location used to conduct the commercial breeding business;
11.  “Family member” means the parent, spouse, child, or sibling of an individual;
12.  “Humane society” means a nonprofit organization exempt from federal income taxation as an organization described in Section 501(c)(3), Internal Revenue Code of 1986, as amended, that has as a principal purpose the prevention of animal cruelty or the sheltering of, caring for, and providing of homes for lost, stray, and abandoned animals;
13.  "Hunting dog" means a dog that hunts game;
14.  “Intact female animal” means a female animal that has not been spayed and is capable of sexual reproduction;
14. 15.  “Kitten" means a cat less than six (6) months old;
15. 16.  “Local animal control authority” means a municipal or county animal control office with authority over the premises in which an animal is kept or, in an area that does not have an animal control office, the county sheriff;
16. 17.  "Marketing" means the solicitation for sale of animals;
17. 18.  "Noncommercial breeder" means any individual, entity, association, trust, or corporation who possesses ten or less adult intact female animals for the use of breeding or dealing in animals for direct or indirect sale or for exchange in return for consideration;
18. 19.  “Pet” means a dog or cat, including a puppy or kitten;
19. 20.  “Possess” means to have custody of or control over;
20. 21.  “Puppy” means a dog less than six (6) months old;
21. 22.  “Registered breeder inspector” means an individual certified by the Board to conduct investigations and inspections of facilities; and
22. 23.  “Sporting dog” means a breed group of dogs trained to work with sportsmen when they hunt with guns or those dogs bred to hunt or race including, but not limited to, greyhounds, sled dogs, whippets, and dachshunds;
24.  “Working dog” means any various breeds of dogs developed or trained to do useful work, including but not limited to herding animals, guarding property, search and rescue, and service dogs to the handicapped; and
25.  “Veterinarian” means a person currently licensed to practice veterinary medicine in Oklahoma.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5003.1 of Title 59, unless there is created a duplication in numbering, reads as follows:
Hunting dogs, sporting dogs and working dogs shall not be subject to the provisions of the Commercial Pet Breeders Act.
SECTION 3.  This act shall become effective November 1, 2011.

53-1-717	JT	1/4/2011 2:19:24 AM