STATE OF OKLAHOMA

2nd Session of the 51st Legislature (2008)

HOUSE BILL 2545                    By: Richardson

AS INTRODUCED

<StartFT>An Act relating to animals; amending <4> O.S. 2001, Section <499.8>, which relates to animal facility adoption standards; requiring releasing agencies to establish certain adoption standards; making it unlawful to feed or provide care to certain free-roaming abandoned or feral house cats on public land; stating penalty; providing definitions; making it unlawful to establish or maintain a managed cat colony under certain conditions; stating penalty; providing definitions; amending <29> O.S. 2001, Section <7-801>, as< >amended by Section <21>, Chapter <138>, O.S.L. 20<06> (<29> O.S. Supp. 2007, Section <7-801>), which relates to the release of exotic wildlife; prohibiting the release of feral animals into the wild; providing for codification; and providing an effective date.

<EndFT>

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

SECTION 1.     AMENDATORY     <4> O.S. 2001, Section <499.8>, is amended to read as follows:

Section <499.8>  A.  Subject to the provisions and purposes of the Dog and Cat Sterilization Act and laws of the State of Oklahoma, releasing agencies may establish adoption standards for pets in their care; provided, however, that in the case of.

B.  For public facilities said the adoption standards must for pets shall be reasonably related to the prevention of cruelty to animals, the responsible management of dogs and cats in the interest of preserving public health and welfare, and shall be applied in a fair and equal manner to all potential adopters.

C.  Each releasing agency shall establish adoption standards for pets which requires the adopting party to sign an agreement to maintain responsibility for the animal even if the animal is released into the wild or into a managed environment.    

SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section <603> of Title <4>, unless there is created a duplication in numbering, reads as follows:

A.  It shall be unlawful for any person to willfully feed or provide care for a free-roaming abandoned or feral house cat which has not been sterilized on public land. 

B.  Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed Five Hundred Dollars ($500.00). 

C.  For purposes of this section:

1.  "Free-roaming abandoned house cat" means a house cat that is not feral but roams outdoors and interacts with feral cats and wildlife and does not have a known owner;

2.  "Feral house cat" means a house cat that has escaped from domestication and become wild; and

3.  "Sterilized" means the neutering of a male cat or the spaying of a female cat which renders the animal unable to reproduce.  

SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section <604> of Title <4>, unless there is created a duplication in numbering, reads as follows:

A.  It shall be unlawful for any person to establish or maintain a managed cat colony:

1.  On public lands;

2.  In any area that could threaten at-risk wildlife; or

3.  In any area that may pose a zoonotic risk to the public. 

B.  Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed Five Hundred Dollars ($500.00).

C.  For purposes of this section:

1.  "Managed cat colony"  means an aggregation or population of free-roaming abandoned or feral house cats, as defined in Section 2 of this act, that have been trapped, neutered and released and are cared for and managed by a person or group of persons on a regular basis but are not contained or confined; and

2.  "Zoonotic" means a disease of animals that can be transmitted to humans.

SECTION 4.     AMENDATORY     <29> O.S. 2001, Section <7-801>, as< >amended by Section <21>, Chapter <138>, O.S.L. 20<06> (<29> O.S. Supp. 2007, Section <7-801>), is amended to read as follows:

Section <7-801>.  A.  No exotic wildlife or feral animal may be released into the wilds of Oklahoma without first obtaining written permission of the Director.

B.  For purposes of this section "feral animal" shall mean an animal that has escaped from domestication and become wild.

C.  Any person releasing such exotic wildlife or feral animals into the wilds of Oklahoma in violation of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) or by imprisonment in the county jail for a period not to exceed thirty (30) days or by both.

SECTION 5.  This act shall become effective <November 1, 2008>.

51-2-8440     <KB>     <12/31/07>