OKLAHOMA CITY – Legislation that would establish standards for keeping a dog outdoors was endorsed overwhelmingly by a committee in the state House of Representatives, although it will be revised. But a companion measure that would have prohibited pet stores in Oklahoma from selling dogs or cats was soundly rejected.
Both bills were filed by state Rep. Mickey Dollens, D-Oklahoma City, to improve the lot of animals and protect them from mistreatment and abuse.
• House Bill 1580 would establish standards for keeping a dog outdoors. “My bill address es chains and numerous other safety measures, such as requiring tethers to meet certain criteria, and prohibits owners or caretakers from leaving dogs outside for prolonged periods during severe weather,” the third-term lawmaker said.
No dog could be chained or tethered outside, unattended, for longer than five hours between 10 p.m. and 6 a.m. Additionally, no dog younger than six months could be tethered outside “for any length of time” whatsoever.
A dog’s tether “shall be designed for dogs,” the bill mandates. Use of logging chains “or other lines or devices not designed for tethering dogs” would be forbidden. Also, no chain or tether could weigh more than one-eighth of the dog’s body weight.
Nothing in the proposed law “shall be construed to prohibit a person from walking a dog on a handheld leash,” the bill provides.
HB 1580 was inspired by the condition of a pup with a large chain padlocked around its neck that a constituent found last summer, Dollens said; the chain had started “digging into” the dog’s neck. Apparently the pup was being trained to fight other dogs, Dollens said.
Anyone who owns or keeps a dog confined outside would be required to provide the animal with access to clean water and “appropriate” shelter that would enable it to “remain dry and protected from the elements.”
It would be illegal to leave a dog outside “when a weather advisory, warning or watch is issued” by local, state or federal authorities, or when environmental conditions such as extreme heat, cold, wind, rain, snow or hail “pose an adverse risk to the health or safety” of the animal.
Texas has a similar law, statute 821.077.
Also, it would be illegal to subject a dog to “cruel conditions” such as confinement in “filthy and dirty” quarters, exposure to excessive animal waste, garbage, dirty water, noxious odors and/or dangerous objects.
It would be a crime to taunt, prod, hit, harass, threaten or otherwise harm a tethered or confined dog, or to use a dog as “bait” in training other dogs to fight.
“I would like to think that all Oklahomans treat their pets humanely,” Dollens said. “However, that isn’t always the case. This legislation puts into place minimum protections that would protect animals.”
Rep. Rande Worthen, R-Lawton, chairman of the Judiciary-Criminal Committee, said some animal control officers have expressed some reservations about the bill.
“The problem is enforcement” of the bill’s provisions, Worthen said. “How would a police officer or animal control officer take those circumstances and make a viable case?” The officer would have to personally witness the actions, or persuade someone who may have seen the abuse “to take time off work and testify in court against someone who may be their next-door neighbor.”
And one legislator noted that “there are working dogs, cattle dogs, hog dogs – many situations outside of ‘Fluffy on the couch’ dogs in an ur- ban setting.” He indicated he is concerned that owners of those types of dogs would be penalized if HB 1580 becomes law.
Dollens pointed out his bill contains exceptions for any dog “actively engaged in conduct that is directly related to the business of shepherding or herding cattle or other livestock or ... to the business of cultivating agricultural products.”
The bill’s title was stricken, which means the measure is a work in progress. No bill can become law without a title and an enacting clause.
The committee voted 8-1 in favor of the amended bill and referred it to the full House of Representatives for consideration.
• House Bill 1581 would have prohibited pet stores from selling dogs or cats, but would have allowed the stores to give away abandoned animals from public shelters and rescue organizations.
Oklahomans could still buy cats and dogs from responsible breeders, Dollens noted.
“Unfortunately, puppy mills do still exist,” he said. “Commercial retailers purchasing these animals are what is keeping the industry alive. Additionally, our shelters are at times overrun with dogs without owners to claim them. This legislation would protect animals and help shelters find homes for the animals in their care.”
Dollens praised Petco and PetSmart. “They do it right.” Dogs and cats offered for adoption in their stores come from animal shelters and animal rescues, he said.
But at least one commercial outlet is a target of his legislation. “They operate from a ‘puppy mill’ model,” Dollens said. “Many of the animals they sell are sick and need expensive veterinary care.” Also, the company sells high-priced animals on credit, at interest rates of 199%, he said. “They have a predatory lending aspect.”
Oklahoma should join other states in banning companies of this type, Dollens suggested. “Their ability to participate in the free market should be curtailed when they mistreat animals.”
Dollens said his legislation “may not rise to the importance of other bills this session.” Nevertheless, “How we treat animals speaks to our humanity. We must treat animals with respect.”
The House Committee on Business and Commerce rejected the proposal on a 7-2 party-line vote.
Rep. Trey Caldwell, vice chairman of the committee, was among those who voted against the bill. “It’s not the state’s job to limit a business that’s meeting federal guidelines, isn’t a ‘bad actor’ and is operating in an ethical manner,” the Lawton Republican said later.
Other “nay” votes were cast by Rep. Gerrid Kendrix, R-Altus; committee Chairman Kevin McDugle and Reps. Steve Bashore, Judd Strom, Rusty Cornwell and Rhonda Baker.
Tulsa Democrats Meloyde Blancett and Regina Goodwin voted “yea.”