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Oklahoma Legislature· SB 922Failed in Committee - Agriculture and Wildlife

An act relating to game fowl breeding, the official text

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1                  STATE OF OKLAHOMA

1

2                  1st Session of the 60th Legislature (2025)

2

3 SENATE BILL 922  By: Mann
3

4

4

5

5

6                  AS INTRODUCED

6

7   An Act relating to game fowl breeding; creating the

7   Commercial Game Fowl Breeders Act; providing short

8   title; defining terms; authorizing the State Board of

8   Agriculture to implement provisions of this act;

9   requiring license to be a commercial game fowl

9   breeder; authorizing the Oklahoma Department of

10  Agriculture, Food, and Forestry to conduct

10  inspections prior to licensure; allowing the

11  Department to contract with local veterinarians for

11  inspections; assessing a fee for inspection;

12  requiring annual inspections of facilities licensed

12  pursuant to this act; providing criteria for

13  inspection; requiring report of inspection to be

13  submitted within certain time frame to Department;

14  authorizing the Board to conduct investigation upon

14  receipt of written complaint during inspection;

15  prohibiting the Department from hiring certain groups

15  to conduct inspections; authorizing the Department to

16  issue license after certain information and fees are

16  collected; providing conditions for which multiple

17  licenses need to be obtained under certain

17  conditions; requiring a commercial game fowl license

18  to be displayed at each facility and on certain

18  documentation; requiring notice to Department on

19  certain changes to license information; authorizing

19  the Board to maintain a directory; preventing

20  licenses to be issued or renewed if an applicant

20  fails certain criteria; authorizing the Board to

21  maintain a directory of denied and revoked license

21  applicants; allowing for renewal of license;

22  specifying conditions by which a license may be

22  renewed; requiring a licensed commercial game fowl

23  breeder to maintain certain records; specifying

23  contents of records; requiring records to be

24  available upon request of the Department; allowing

24

    Req. No. 1139                                              Page 1
1   the Department to require additional information to

1   be kept; providing for violation; establishing

2   administrative penalties after certain violations;

2   specifying types of offenses in violation of this

3   act; authorizing the Board to seek further penalties

3   under certain circumstances; creating the Commercial

4   Game Fowl Breeders Assistance Revolving Fund; stating

4   purpose of fund; providing sources of fund; allowing

5   for funds to be used for certain purpose; amending 21

5   O.S. 2021, Section 1692.9, which relates to

6   cockfighting prohibition exemptions; adding

6   exemption; updating statutory reference; providing

7   for codification; and providing an effective date.

7

8

8

9

9

10 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
10

11  SECTION 1.     NEW LAW  A new section of law to be codified

11

12 in the Oklahoma Statutes as Section 33 of Title 4, unless there is
12

13 created a duplication in numbering, reads as follows:
13

14  This act shall be known and may be cited as the "Commercial Game

14

15 Fowl Breeders Act".
15

16  SECTION 2.     NEW LAW  A new section of law to be codified

16

17 in the Oklahoma Statutes as Section 33.1 of Title 4, unless there is
17

18 created a duplication in numbering, reads as follows:
18

19  As used in this act:

19

20  1. "Board" means the State Board of Agriculture;

20

21  2. "Cockfight" or "cockfighting" means the same as defined in

21

22 Section 1692.1 of Title 21 of the Oklahoma Statutes;
22

23  3. "Commercial game fowl breeder" means any individual, entity,

23

24 association, trust, or corporation who possesses game fowl for the
24

    Req. No. 1139                                         Page 2
1 use of breeding or dealing in game fowls for direct or indirect sale
1

2 or for exchange in return for consideration;
2

3   4. "Commercial game fowl breeder license" means a license

3

4 issued to any person who qualifies and is licensed as a commercial
4

5 game fowl breeder;
5

6   5. "Department" means the Oklahoma Department of Agriculture,

6

7 Food, and Forestry;
7

8   6. "Facility" means the premises used by one or more commercial

8

9 game fowl breeders. The term includes, but is not limited to, all
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10 buildings, properties, and confinement areas in a single location
10

11 used to conduct commercial game fowl breeding business;
11

12  7. "Game fowl" means a rooster historically bred and trained

12

13 for cockfighting; and
13

14  8. "Humane society" means a nonprofit organization exempt from

14

15 federal income taxation as an organization described in Section
15

16 501(c)(3) of the Internal Revenue Code of 1986, as amended, that has
16

17 as a principal purpose the prevention of animal cruelty or the
17

18 sheltering of, caring for, and providing of homes for lost, stray,
18

19 and abandoned animals.
19

20  SECTION 3.        NEW LAW   A new section of law to be codified

20

21 in the Oklahoma Statutes as Section 33.2 of Title 4, unless there is
21

22 created a duplication in numbering, reads as follows:
22

23  A. The State Board of Agriculture shall enforce and administer

23

24 the provisions of this act.
24

    Req. No. 1139                                           Page 3
1   B. The Board shall adopt the rules necessary to enforce and

1

2 administer this act including, but not limited to, rules that:
2

3   1. Establish standards for care;

3

4   2. Establish reasonable and necessary fees;

4

5   3. Establish provisions related to initial and renewal

5

6 applications, revocation or nonrenewal of licenses, procedures for
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7 sale of game fowl, and procedures for making complaints; and
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8   4. Establish any other rules deemed necessary by the Board.

8

9   SECTION 4.     NEW LAW  A new section of law to be codified

9

10 in the Oklahoma Statutes as Section 33.3 of Title 4, unless there is
10

11 created a duplication in numbering, reads as follows:
11

12  A. A person shall not act, offer to act, or hold himself or

12

13 herself out as a commercial game fowl breeder unless the person
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14 holds a license obtained pursuant to this act for each facility that
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15 the person owns or operates in this state.
15

16  B. It shall be unlawful for any person to act as a commercial

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17 game fowl breeder licensee, or to hold himself or herself out as
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18 such, unless the person shall have been licensed to do so under this
18

19 act.
19

20  C. An applicant for a commercial game fowl breeder license

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21 shall meet the criteria established by the State Board of
21

22 Agriculture through rules promulgated pursuant to this act.
22

23

23

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24

    Req. No. 1139                                             Page 4
1   SECTION 5.     NEW LAW     A new section of law to be codified

1

2 in the Oklahoma Statutes as Section 33.4 of Title 4, unless there is
2

3 created a duplication in numbering, reads as follows:
3

4   A. The Oklahoma Department of Agriculture, Food, and Forestry

4

5 may contract with a local veterinarian licensed by the state, a
5

6 state agency, or any other qualified person to conduct or assist in
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7 an initial licensing inspection and annual inspections.
7

8   B. The Department shall arrange for an inspection at a facility

8

9 prior to the issuance of an initial commercial game fowl breeder
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10 license for that facility.
10

11  1. The Department shall not issue a commercial game fowl

11

12 breeder license to any person until the Department receives an
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13 initial inspection report from the inspector in a format approved by
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14 the Department certifying that the facility meets the requirements
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15 of this act.
15

16  2. Prior to the initial inspection, each applicant shall pay to

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17 the Department a nonrefundable inspection fee.
17

18  C. The Department, at least annually, shall arrange for the

18

19 inspection of each facility of a licensed commercial game fowl
19

20 breeder. The inspection shall ensure the health and safety of the
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21 game fowl including, but not limited to, assessing the health of and
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22 signs of disease in the game fowl and whether the facility provides
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23 a standard of care, checking for injuries or mutilations associated
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24 with cockfighting, and checking the records kept pursuant to Section
24

    Req. No. 1139                                          Page 5
1 9 of this act. The inspection shall be conducted during normal
1

2 business hours and the commercial game fowl breeder shall be present
2

3 during the inspection. The Department shall not be required to
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4 provide notice prior to an inspection.
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5   D. The inspector shall submit an inspection report to the

5

6 Department not later than ten (10) days after the date of the
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7 inspection on a form prescribed by the Department and provide a copy
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8 of the report to the commercial game fowl breeder.
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9   E. On receipt of a valid written complaint alleging a violation

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10 of this act, an authorized agent of the State Board of Agriculture
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11 or an inspector designated by the Department may investigate the
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12 alleged violation.
12

13  F. The Department shall not hire any humane society group or

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14 member of any humane society group to perform any inspection
14

15 required by this act.
15

16  SECTION 6.         NEW LAW  A new section of law to be codified

16

17 in the Oklahoma Statutes as Section 33.5 of Title 4, unless there is
17

18 created a duplication in numbering, reads as follows:
18

19  A. The Oklahoma Department of Agriculture, Food, and Forestry

19

20 shall issue a commercial game fowl breeder license to each applicant
20

21 who:
21

22  1. Meets the requirements of this act;

22

23  2. Applies to the Department on the form prescribed by the

23

24 Department; and
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    Req. No. 1139                                         Page 6
1   3. Pays the required fee.

1

2   B. A commercial game fowl breeder shall obtain a separate

2

3 license for each facility where a game fowl is kept. A separate
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4 license shall be issued for each facility, regardless of the number
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5 of game fowls at each facility.
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6   C. If a single facility is shared by more than one person, each

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7 person shall be required to become individually licensed.
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8   D. A license issued under this act is valid until January 1 for

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9 a commercial game fowl breeder license in each calendar year and is
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10 nontransferable.
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11  E. A commercial game fowl breeder shall prominently display a

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12 copy of the commercial game fowl breeder license at the facility of
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13 the commercial game fowl breeder. A commercial game fowl breeder
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14 shall include the commercial game fowl breeder license number in
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15 each advertisement for the sale or transfer of a game fowl by the
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16 commercial game fowl breeder. A commercial game fowl breeder shall
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17 include in each contract for the sale or transfer of an animal by
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18 the commercial game fowl breeder the commercial game fowl breeder
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19 license number.
19

20  F. A commercial game fowl breeder licensed pursuant to this

20

21 section shall notify the Oklahoma Department of Agriculture, Food,
21

22 and Forestry in writing not later than ten (10) days after the date
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23 any change occurs in the address, name, management, substantial
23

24 control, or ownership of the business or operation.
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    Req. No. 1139                                            Page 7
1   G. The State Board of Agriculture shall maintain and post on

1

2 its website the directory of commercial game fowl breeders licensed
2

3 pursuant to this act.
3

4   SECTION 7.        NEW LAW  A new section of law to be codified

4

5 in the Oklahoma Statutes as Section 33.6 of Title 4, unless there is
5

6 created a duplication in numbering, reads as follows:
6

7   A. The Oklahoma Department of Agriculture, Food, and Forestry

7

8 may deny a license, or renewal thereof, or revoke a license of any
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9 applicant or commercial game fowl breeder who fails to meet the
9

10 standards of care or fails to follow the application process adopted
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11 by the Department, or if the person:
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12  1. Is convicted of a crime involving animal cruelty;

12

13  2. Is convicted of violating the provisions of this act more

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14 than three times;
14

15  3. Is convicted of a felony specified in Section 1692.8 of

15

16 Title 21 of the Oklahoma Statutes;
16

17  4. Is convicted of a felony punishable under the Oklahoma

17

18 Racketeer-Influenced and Corrupt Organizations Act; or
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19  5. Has held or applied for a United States Department of

19

20 Agriculture license pursuant to the Animal Welfare Act and whose
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21 license was suspended or revoked, or whose application was refused
21

22 due to the improper care of animals.
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23

23

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    Req. No. 1139                                          Page 8
1   B. The State Board of Agriculture shall post on its website the

1

2 directory of commercial game fowl breeders who have been denied
2

3 licensing, or whose licenses have been revoked.
3

4   SECTION 8.      NEW LAW  A new section of law to be codified

4

5 in the Oklahoma Statutes as Section 33.7 of Title 4, unless there is
5

6 created a duplication in numbering, reads as follows:
6

7   A. A commercial game fowl breeder who is not in violation of

7

8 this act or any rule adopted under this act may renew the license of
8

9 the person by:
9

10  1. Submitting a renewal application to the Oklahoma Department

10

11 of Agriculture, Food, and Forestry on the form prescribed by the
11

12 Department;
12

13  2. Complying with any other renewal requirements adopted by the

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14 Department; and
14

15  3. Paying the required fee.

15

16  B. Any person who fails to apply for a renewal in a manner

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17 prescribed by the Department, and whose license has expired, may not
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18 engage in activities that require a license until the license has
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19 been renewed.
19

20  C. Not later than sixty (60) days before the expiration of the

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21 license, the Department shall send written notice of the impending
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22 license expiration to the commercial game fowl breeder at the last-
22

23 known address according to the records of the Department.
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24

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    Req. No. 1139                                             Page 9
1      SECTION 9.  NEW LAW  A new section of law to be codified

1

2 in the Oklahoma Statutes as Section 33.8 of Title 4, unless there is
2

3 created a duplication in numbering, reads as follows:
3

4      A. A commercial game fowl breeder shall maintain a separate

4

5 health record for each game fowl in the facility of the commercial
5

6 game fowl breeder documenting the health care of the game fowl.
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7      B. The health record shall include, but not be limited to:

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8      1. The breed, color, and identifying marks of the game fowl;

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9 and
9

10     2. A record of all inoculations, medications, and other

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11 veterinary medical treatment received by the game fowl while in the
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12 possession of the commercial game fowl breeder.
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13     C. A commercial game fowl breeder shall maintain a separate

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14 breeding record for each game fowl in the facility of the game fowl
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15 breeder documenting the transaction and breeding of each game fowl.
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16     D. This breeding record shall include, but not be limited to:

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17     1. A record of fees associated with the breeding of the game

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18 fowl;
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19     2. Registration documentation of bloodline and ancestry; and

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20     3. The name and contact information of the owner of a breeding

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21 hen or recipient of game fowls bred as allowed in this act.
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22     E. The commercial game fowl breeder shall make the health and

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23 breeding records available on request to the Oklahoma Department of
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24 Agriculture, Food, and Forestry, an authorized agent of the State
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    Req. No. 1139                                        Page 10
1 Board of Agriculture, or any other inspector designated by the
1

2 Department.
2

3   F. The Department may require additional information to be kept

3

4 by a licensed commercial game fowl breeder pursuant to this section.
4

5   SECTION 10.    NEW LAW  A new section of law to be codified

5

6 in the Oklahoma Statutes as Section 33.9 of Title 4, unless there is
6

7 created a duplication in numbering, reads as follows:
7

8   A. After notice and opportunity for a hearing in accordance

8

9 with the Administrative Procedures Act, if the State Board of
9

10 Agriculture finds any person in violation of this act or any rule
10

11 promulgated or order issued pursuant thereto, the Board shall have
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12 the authority to assess an administrative penalty of not less than
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13 One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars
13

14 ($10,000.00) for each violation. Each game fowl, each action, or
14

15 each day a violation continues may constitute a separate and
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16 distinct violation. During each license year of the facility, a
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17 facility shall not be subject to more than Ten Thousand Dollars
17

18 ($10,000.00) in administrative penalties assessed pursuant to this
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19 subsection.
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20  B. A person commits an offense if the person violates this act

20

21 or any rule adopted under this act. Each animal to which a
21

22 violation applies and each day that violation continues constitutes
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23 a separate offense. An offense under this subsection is a
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24

24

    Req. No. 1139                                             Page 11
1 misdemeanor punishable as provided in paragraph 1 of subsection G of
1

2 this section.
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3   C. A person commits an offense if the person knowingly

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4 falsifies information in a license application, annual report, or
4

5 record required under this act. An offense under this subsection is
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6 a misdemeanor punishable as provided in paragraph 1 of subsection G
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7 of this section.
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8   D. An unlicensed commercial game fowl breeder commits an

8

9 offense if the person sells, gives, or furnishes in any manner a
9

10 game fowl to another person without obtaining proper licensure
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11 pursuant to this act. An offense under this subsection is a
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12 misdemeanor punishable as provided in paragraph 2 of subsection G of
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13 this section.
13

14  E. An unlicensed commercial game fowl breeder commits an

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15 offense if the person advertises game fowl for sale. As used in
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16 this subsection, "advertise" means the act of providing
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17 consideration for the publication, dissemination, solicitation, or
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18 circulation of visual, oral, or written communication to induce
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19 directly or indirectly any person to purchase a game fowl. An
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20 offense under this subsection is a misdemeanor punishable as
20

21 provided in subsection G of this section.
21

22  F. A commercial game fowl breeder commits an offense if the

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23 commercial game fowl breeder interferes with, hinders, or thwarts
23

24 any inspection or investigation under this act or refuses to allow
24

    Req. No. 1139                                           Page 12
1 an inspector full access to all areas of the facility where animals
1

2 are kept or cared for and all records required to be kept under this
2

3 act or under any rule adopted under this act. An offense under this
3

4 subsection is a misdemeanor punishable as provided in paragraph 2 of
4

5 subsection G of this section.
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6   G. 1. Any violation of subsection B, C, or D of this section

6

7 shall be punishable by a fine not to exceed Five Hundred Dollars
7

8 ($500.00).
8

9   2. Any violation of subsection E or F of this section shall be

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10 punishable by a fine not to exceed One Thousand Dollars ($1,000.00).
10

11  H. In addition to penalties and fines, the Board shall have

11

12 authority to obtain injunctions against anyone who violates this
12

13 act, and shall have authority to obtain or impose civil monetary
13

14 penalties on anyone who violates this act, and upon obtaining a
14

15 court order, shall have authority to seize and impound game fowls in
15

16 the possession, custody, or care of that person if there is reason
16

17 to believe that the health, safety, or welfare of the game fowl is
17

18 endangered, or the game fowl are in imminent danger. The reasonable
18

19 costs of transportation, care, and feeding of seized and impounded
19

20 game fowls shall be paid by the person from whom the game fowls were
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21 seized and impounded.
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22  I. Nothing in this act shall preclude the Board from seeking

22

23 penalties in district court in the maximum amount allowed by law.
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24 The assessment of penalties in an administrative enforcement
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    Req. No. 1139                Page 13
1 proceeding shall not prevent the subsequent assessment by a court of
1

2 the maximum civil or criminal penalties for violations of this act
2

3 and rules promulgated pursuant thereto.
3

4   J. Any person assessed an administrative or civil penalty may

4

5 be required to pay, in addition to the penalty amount and interest
5

6 thereon, attorney fees and costs associated with the collection of
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7 the penalties.
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8   K. If any person refuses, denies, or interferes with any right

8

9 of access, the Board shall have the right to apply to and obtain
9

10 from a district court an administrative or other warrant as
10

11 necessary to enforce the right of access and inspection.
11

12  SECTION 11.    NEW LAW  A new section of law to be codified

12

13 in the Oklahoma Statutes as Section 33.10 of Title 4, unless there
13

14 is created a duplication in numbering, reads as follows:
14

15  A. There is hereby created in the State Treasury a revolving

15

16 fund for the Oklahoma Department of Agriculture, Food, and Forestry
16

17 to be designated the "Commercial Game Fowl Breeders Assistance
17

18 Revolving Fund". All monies accruing to the credit of the
18

19 Commercial Game Fowl Breeders Revolving Fund are hereby appropriated
19

20 and may be budgeted and expended by the Department for the purposes
20

21 set forth in subsection C of this section. The fund shall be a
21

22 continuing fund, not subject to fiscal year limitations, and shall
22

23 consist of:
23

24

24

    Req. No. 1139                                             Page 14
1   1. All monies received by the Department for sheltering of

1

2 seized game fowls pursuant this act; and
2

3   2. Monies received by the Department in the form of gifts,

3

4 grants, reimbursements, or from any other source intended to be used
4

5 for the purposes specified by or collected pursuant to the
5

6 provisions of this act.
6

7   B. The monies deposited in the Commercial Game Fowl Breeders

7

8 Assistance Revolving Fund shall be excluded from budget and
8

9 expenditure limitations and shall at no time become part of the
9

10 general budget of the Department or any other state agency. Except
10

11 as provided for in this section, no monies from the Commercial Game
11

12 Fowl Breeders Assistance Revolving Fund shall be transferred for any
12

13 purpose to any other state agency or any account of the Department
13

14 or be used for the purpose of contracting with any other state
14

15 agency or reimbursing any other state agency for any expense.
15

16  C. The Commercial Game Fowl Breeders Assistance Revolving Fund

16

17 shall be utilized for defraying veterinary costs for game fowls in
17

18 the event of a removal of game fowls from a commercial game fowl
18

19 breeder or facility. The fund may, in the discretion of the State
19

20 Board of Agriculture, also be used to defray costs associated with
20

21 care of game fowls including, but not limited to, feed and shelter.
21

22  SECTION 12.    AMENDATORY   21 O.S. 2021, Section 1692.9, is

22

23 amended to read as follows:
23

24

24

    Req. No. 1139                                             Page 15
1   Section 1692.9. Nothing in this act Section 1692.1 et seq. of

1

2 this title shall prohibit any of the following:
2

3   A. 1. Hunting birds or fowl in accordance with Oklahoma

3

4 regulation or statute, including but not limited to the sport of
4

5 hunting game with trained raptors.;
5

6   B. 2. Agricultural production of fowl for human consumption; or

6

7   3. Commercial breeding of game fowl pursuant to this act.

7

8   SECTION 13. This act shall become effective November 1, 2025.

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    Req. No. 1139                                  Page 16
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