STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE BILL 1933	By:	Brecheen

AS INTRODUCED

An Act relating to professions and occupations; creating the Companion Animal Care Act; providing short title; defining terms; construing law; creating the Companion Animal Care Program; providing for Companion Animal Care Program Director and Coordinator; authorizing Animal Care Program Director to adopt certain rules and enforce the provisions of the Companion Animal Care Act; authorizing certain fees; establishing the Companion Animal Care Permit and Exemption; authorizing employment of personnel; authorizing certain disbursements and expenditures; creating the Companion Animal Care Reserve Fund; establishing procedure for disbursement of excess funds; creating the Companion Animal Care Relief Fund; providing for transfer of certain monies; requiring certain reports and records; prohibiting certain contracts; providing for enforcement and investigations; establishing requirements for permit or exemption; establishing health certificate requirements; authorizing denial and revocation of permit or exemption under certain circumstances; establishing procedure for permit and exemption renewal; setting out certain duties; providing for penalties; repealing 59 O.S. 2011, Sections 5001 through 5029, which relate to the Commercial Pet Breeders Act; providing for codification; and declaring an emergency.

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 5101 of Title 59, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Companion Animal Care Act".
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5102 of Title 59, unless there is created a duplication in numbering, reads as follows:
As used in the Companion Animal Care Act:
1.  "Adult animal" means an animal six (6) months of age or older;
2.  "Animal control facility" means a facility operated by the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals;
3.  "Animal shelter" means a facility which is used to house or contain animals, which is owned, operated, or maintained by an incorporated nonprofit humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of companion animals, or a person whose primary purpose is to act as an animal rescue, to collect and care for unwanted animals or to offer them for adoption or in exchange for a consideration;
4.  "Breeder" means a person, other than a sporting or working dog breeder, engaged in the business of breeding animals for sale or for exchange in return for a consideration, and who harbors more than six (6) intact females for the primary purpose of breeding animals for sale;
5.  "Boarding kennel" means a place or establishment, other than a pound, animal shelter or licensed veterinary facility, where animals, not owned by the proprietor, are sheltered, fed, and watered in return for a consideration.  Boarding kennel shall not include hobby or show breeders who board intact females for a period of time for the sole purpose of breeding the intact females, and shall not include individuals who temporarily, and not in the normal course of business, board or care for animals owned by other individuals;
6.  "Cat" means a mammal that is wholly of the species Felis domesticus;
7.  "Commercial kennel" means a kennel which performs grooming or training services for animals, and may or may not render boarding services in return for a consideration;
8.  "Companion animal" means a dog or a cat;
9.  "Contract kennel" means any facility operated by any person or entity other than the state or any political subdivision of the state, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals, on behalf of and pursuant to a contract with the state or any political subdivision;
10.  "Dealer" means any person who is engaged in the business of buying for resale, selling or exchanging animals, as a principal or agent, or who holds himself or herself out to be so engaged or is otherwise classified as a dealer by the USDA as defined by regulations of the USDA;
11.  "Dog" means a mammal that is wholly of the species Canis familiaris;
12.  "Facility" means the premises used for keeping, housing, or breeding animals.  The term includes all buildings, property, and confinement areas used to conduct business;
13.  "Intact female animal" means a female animal between the ages of six (6) months and ten (10) years of age that is capable of sexual reproduction;
14.  "Kitten" means a cat less than six (6) months old;
15.  "Person" means any individual, association, trust, corporation, limited liability corporation, partnership, or other entity;
16.  "Pet shop" means any temporary or permanent facility where animals are bought, sold, exchanged, or offered for retail sale to the general public;
17.  "Possess" means to have custody of or control over;
18.  "Puppy" means a dog less than six (6) months old;
19.  "Sporting or working dog breeder" means a breeder that actively participates in working competitions or breeds canines regularly used for lawful hunting or livestock production and/or management;
20.  "USDA" means the United States Department of Agriculture; and
21.  "Veterinarian" means a person currently licensed to practice veterinary medicine in Oklahoma.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5103 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The Companion Animal Care Act does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of the federal government, this state, or a political subdivision of this state.
B.  The Companion Animal Care Act does not limit the ability of any other political subdivision to pass any laws or rules related to companion animals.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5104 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The Companion Animal Care Program is hereby created, to continue until July 1, 2015, in accordance with the provisions of the Oklahoma Sunset Law.
B.  The Commissioner and Secretary of Agriculture shall appoint one individual to serve as the Companion Animal Care Program Director.  The State Veterinarian shall appoint one individual to serve as the Companion Animal Care Program Coordinator.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5105 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The Companion Animal Care Program Director shall enforce and administer the provisions of the Companion Animal Care Act.
B.  The Program Director, with the assistance of the Companion Animal Care Program Coordinator, shall manage the daily operations of the program including adopting the policies and procedures necessary to enforce and administer the Companion Animal Care Act, including but not limited to rules that:
1.  Establish exemption application procedures and requirements;
2.  Establish procedures for renewing exemptions;
3.  Establish procedures for issuing exemptions to the requirements of the Companion Animal Care Act;
4.  Establish policy and procedure relating to verifying the validity of complaints filed and their investigation;
5.  Establish policy and procedures related to referring complaints to local law enforcement agencies to pursue criminal charges for animal abuse and/or neglect; and
6.  Establish disposition protocols and plans in the event of a disaster or facility depopulation.
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5106 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  Facilities may pay a one-time annual fee of Two Hundred Fifty Dollars ($250.00) by the last day of January each year and may be issued an annual permit.
B.  Sporting or working dog breeders who provide documentation of active participation in working competitions sanctioned by a recognized organization or certification from a veterinarian currently licensed to practice in the State of Oklahoma may apply for an annual exemption.
C.  A permit or exemption issued under the Companion Animal Care Act is valid until the last day of January each year and is nontransferable.
D.  The Companion Animal Care permit or exemption shall include the expiration date.
E.  1.  If the one-time annual permit fee is not paid and/or the facility does not meet exempt requirements, a maximum fee of One Dollar ($1.00) per animal will be collected with each health certificate issued.
2.  The fee shall be collected by the veterinarian issuing the health certificate and shall be submitted quarterly to the Oklahoma Department of Agriculture, Food, and Forestry.
3.  The veterinarian may collect an amount equal to but not exceeding the per animal fee to cover the administrative costs associated with collecting the Companion Animal Care Act health certificate fee.
F.  All fees will be reviewed and adjusted as needed every four (4) years based on multiple factors including economic measures and program costs.
SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5107 of Title 59, unless there is created a duplication in numbering, reads as follows:
The Companion Animal Care Program Director may employ up to two (2) additional personnel to carry out the functions and duties of the Companion Animal Care Program.
SECTION 8.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5108 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The Companion Animal Care Program Director may authorize disbursements necessary to implement the Companion Animal Care Act, including disbursements for office expenses, equipment costs, and other necessary resources.
B.  The Program budget is limited to obtaining revenue through health certificate fees collected.
C.  All unspent funds donated by any source used to fund the Board of Commercial Pet Breeders shall be immediately returned to the donor.
D.  All fees collected by the Companion Animal Care from health certificates shall be used to administer the provisions of the Companion Animal Care Act, and shall be deposited in the state treasury to the credit of the "Companion Animal Care Reserve Fund", which is hereby created.  All moneys deposited in the Companion Animal Care Reserve Fund shall be subject to appropriation for the use and benefit of the Oklahoma Department of Agriculture, Food, and Forestry to administer the provisions of the Companion Animal Care Act.
E.  Moneys in the Companion Animal Care Reserve Fund shall not be transferred to the General Revenue Fund at the end of the biennium.
SECTION 9.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5109 of Title 59, unless there is created a duplication in numbering, reads as follows:
If any excess funds remain in the program at the end of the fiscal period after paying all program administration costs, those funds are to be used as follows:
1.  Fifty percent (50%) of the excess shall be placed in a fund known as the "Companion Animal Care Relief Fund", which is hereby created.  All moneys deposited in this fund shall be allocated to costs directly related to facility depopulation and/or disaster relief activities;
2.  Twenty-five percent (25%) of the excess shall be used to develop and implement educational programs for regulated facilities; and
3.  Twenty-five percent (25%) of the excess shall be used to develop and implement marketing strategies to educate the general public about the Companion Animal Care Act.
SECTION 10.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5110 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The Oklahoma Department of Agriculture, Food, and Forestry shall maintain and post on its website a map showing the number of health certificates issued by county pursuant to the Companion Animal Care Act; and
B.  The Oklahoma Department of Agriculture, Food, and Forestry shall post on its website no later than the end of the first fiscal quarter following the completion of a calendar year an annual report containing the following information:
1.  Total number of complaints received; and
2.  Aggregate data on disposition of all complaints received as follows:
a.	no jurisdiction,
b.	unfounded, not investigated,
c.	investigated, deemed unfounded,
d.	investigated, found valid, facility operation voluntarily ceased,
e.	investigated, found valid, referred to local law enforcement, and
f.	investigated, found valid, assisted local law enforcement.
SECTION 11.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5111 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The Companion Animal Care Program may not contract with another state agency, a political subdivision of this state, a local animal control authority, nongovernmental organization or a registered breeder inspector to enforce the Companion Animal Care Act and the rules adopted under the Companion Animal Care Act.
B.  The Companion Animal Care Program Director does have the authority to enter into Memorandums of Understanding with federal and out-of-state government agencies performing like inspections.
SECTION 12.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5112 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  On receipt of a written complaint alleging a violation of the Companion Animal Care Act, the Commissioner and Secretary of Agriculture or designee shall investigate the alleged violation.
B.  The Commissioner and Secretary of Agriculture or designee will establish a telephone hotline and website for complaints reports.
C.  No complaint will be deemed valid unless the complainant provides full contact information and personally attests to the veracity of the complaint.
SECTION 13.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5113 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The Commissioner and Secretary of Agriculture shall issue a companion animal facility permit or exemption to each facility that:
1.  Meets the permit or exemption requirements of the Companion Animal Care Act;
2.  Applies to the Oklahoma Department of Agriculture, Food, and Forestry on the form prescribed by the Oklahoma Department of Agriculture, Food, and Forestry; and
3.  Pays the required fee.
SECTION 14.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5114 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  A health certificate in compliance with USDA and/or state requirements must be issued for every companion animal offered in exchange for a consideration.
1.  Health certificates for companion animals travelling outside the State of Oklahoma shall be governed by federal law.
2.  Health certificates for companion animals travelling inside the State of Oklahoma shall be governed by the State Veterinarian or designee.
3.  All health certificates shall be valid for a maximum period of thirty (30) days.
4.  All health certificates must contain verification of positive identification of the individual presenting the companion animal for the issuance of the health certificate.
SECTION 15.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5115 of Title 59, unless there is created a duplication in numbering, reads as follows:
The Commissioner and Secretary of Agriculture or designee may deny a permit or exemption, or renewal thereof, or revoke the exemption of an applicant who:
1.  Is convicted or enters a plea of guilty or no contest to a crime involving animal cruelty and/or neglect; or
2.  Gave material and deliberate misstatements in the application for any original exemption or for any renewal exemption.
SECTION 16.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5116 of Title 59, unless there is created a duplication in numbering, reads and exemption renewal
A.  A permit or exemption holder who is not in violation of the Companion Animal Care Act may renew the permit or exemption of the facility by:
1.  Submitting a renewal application to the Oklahoma Department of Agriculture, Food, and Forestry on the form prescribed by the Department; and
2.  Paying the required fee.
B.  Not later than sixty (60) days before the expiration of the permit or exemption, the Department shall send written notice of the impending permit or exemption expiration to the person at the last known address of the person according to the records of the Oklahoma Department of Agriculture, Food, and Forestry.
SECTION 17.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5117 of Title 59, unless there is created a duplication in numbering, reads as follows:
Each contract for the sale or transfer of an animal shall include the Companion Animal Facility permit or exemption number if issued, and shall provide contact information for the Oklahoma Department of Agriculture, Food, and Forestry complaint telephone line, website and e-mail address.
SECTION 18.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5118 of Title 59, unless there is created a duplication in numbering, reads as follows:
A companion animal facility shall notify the Oklahoma Department of Agriculture, Food, and Forestry in writing not later than ten (10) days after the date any change occurs in the address, name, management, substantial control, or ownership of the business or operation.
SECTION 19.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5119 of Title 59, unless there is created a duplication in numbering, reads as follows:
A person is subject to the administrative penalties as provided in Section 5 of this act if the person violates the Companion Animal Care Act or a rule adopted under the Companion Animal Care Act.
SECTION 20.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5120 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  A person commits an offense if the person knowingly falsifies information in an exemption application required under the Companion Animal Care Act.  An offense under this subsection is a misdemeanor punishable as provided in subsection C of this section.
B.  A companion animal facility commits an offense if it interferes with, hinders, or thwarts any inspection or investigation under the Companion Animal Care Act or refuses to allow any designated personnel full access to all areas of the facility where animals are kept or cared for.  An offense under this subsection is a misdemeanor punishable as provided in subsection C of this section.
C.  Any violation of subsection A or B of this section shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00) or imprisonment in the county jail for not to exceed one (1) year, or by both such fine and imprisonment.
D.  In addition to the above, the Commissioner and Secretary of Agriculture have authority to obtain injunctions against anyone who violates the Companion Animal Care Act and shall have authority to obtain or impose civil monetary penalties on anyone who violates the Companion Animal Care Act.
SECTION 21.       REPEALER     59 O.S. 2011, Sections 5001 through 5029, are hereby repealed.
SECTION 22.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-2-2229	QD	1/19/2012 9:18:20 PM