Bill Text: HI HB1621 | 2011 | Regular Session | Amended
Bill Title: Dogs; Breeders; Licensing; Penalty
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-11 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC/JUD with Representative(s) Thielen voting no (1) and Representative(s) Cabanilla, Hashem excused (2). [HB1621 Detail]
Download: Hawaii-2011-HB1621-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1621 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DOGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii does not currently regulate the breeding of dogs and that this lack of regulation often results in the breeding of dogs in a cruel and inhumane manner. Breeding of dogs is often conducted under conditions that inflict long-term suffering on the dogs and may also lead to the sale of unhealthy dogs to unsuspecting consumers.
The legislature further finds that it is necessary to regulate dog breeding operations and facilities in order to prevent cruel treatment of the dogs and protect the public.
The purpose of this Act is to regulate the transportation, sale, purchase, housing, care, handling, and treatment of dogs by breeders to:
(1) Ensure that the dogs are provided with humane care and treatment; and
(2) Protect the public from purchasing unhealthy dogs.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
DOG BREEDER REGULATION ACT
§ -1 Title. This chapter shall be known as the "Dog Breeder Regulation Act".
§ -2 Definitions. As used in this chapter, unless the context clearly indicates otherwise:
"Adequate rest between breeding cycles" means ensuring, at minimum, that intact female dogs are not bred to produce more than two litters in any eighteen-month period.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Dog" means any animal that is wholly or in part of the species Canis familiaris.
"Dog breeder" means any person engaged in the business of breeding intact female dogs who:
(1) Owns or harbors twenty or more intact female dogs over six months of age;
(2) Owns or harbors thirty intact dogs over six months of age on the premises; or
(3) For compensation or profit, sells or offers for sale, exchange, or lease, via any means, including the Internet, newspaper, or telephone, twenty-five or more of the offspring of intact female dogs in any one-year period.
"Licensee" means a person who has qualified for and received a license from the department pursuant to this chapter.
"Litter" means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.
"Necessary veterinary care" means an annual examination by a licensed veterinarian and includes prompt treatment of any illness or injury and humane euthanasia, as appropriate, using lawful techniques deemed acceptable by the American Veterinary Medical Association.
"Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate trust receiver, or syndicate.
"Premises" means all public or private buildings, kennels, pens, and cages used by a dog breeding operation and the public or private grounds upon which the operation is located, if the buildings, kennels, pens, cages, or grounds are used by the owner or operator in the usual course of a dog breeding business.
"Primary enclosure" means any structure used to immediately restrict a dog to a limited amount of space, such as a kennel, room, pen, cage, or compartment.
"Regular exercise" means constant and unfettered access to an outdoor exercise area that:
(1) Is composed of a solid, ground-level surface with adequate drainage;
(2) Provides protection against sun, wind, and rain; and
(3) Provides each dog at least twice the square footage of the indoor floor space provided to the dog.
"Sufficient food and clean water" means access to appropriate nutritious food at least once per day sufficient to maintain good health and continuous access to potable water that is free of debris, feces, algae, and other contaminants.
"Sufficient housing, including protection from the elements" means constant and unfettered access to an indoor enclosure that:
(1) Has a solid floor;
(2) Is not stacked or otherwise placed on top of or below another animal's enclosure;
(3) Is cleaned of waste at least once per day while the dog is outside the enclosure; and
(4) Does not rise above eighty-five degrees Fahrenheit indoors.
"Sufficient space" means having:
(1) Adequate indoor space for each dog to turn in a complete circle without any impediment;
(2) Adequate indoor space for each dog to lie down and fully extend its limbs and stretch freely without touching the side of an enclosure or another dog;
(3) At least one foot of headroom above the head of the tallest dog in the enclosure; and
(4) At least twelve square feet of indoor floor space for each dog up to twenty-five inches long, at least twenty square feet of indoor floor space for each dog between twenty-five and thirty-five inches long, and at least thirty square feet of indoor floor space for each dog thirty-five inches and longer; provided that the length of the dog is measured from the tip of the nose to the base of the tail.
§ -3 Dog breeder license required. Any person operating a dog breeding operation shall possess a valid dog breeder license issued by the department in accordance with this chapter and any rules adopted by the director.
§ -4 License requirements; fees; renewal. (a) An applicant for a dog breeder license shall submit a license application together with the annual licensing fee to the department. Upon receipt of the application and annual licensing fee and completion of an inspection deemed appropriate by the department, the department may issue a license. The license shall not be transferable to another person or location.
(b) The annual license fee shall be determined according to a fee schedule developed by the department.
(c) A dog breeder license shall be renewed by filing a renewal application and an annual license fee with the department on or before December 31 of each year.
(d) A licensee shall not harbor more than fifty dogs over the age of six months on the premises at any time.
§ -5 Inspections; investigations; access. (a) The director may make any investigations necessary to ensure compliance with this chapter.
(b) At any reasonable time during regular business hours, the director or any authorized enforcement officer shall have access to:
(1) Those portions of all buildings, yards, pens, and other areas in which any dogs are kept, handled, or transported; and
(2) All records required to be kept by the dog breeder; provided that the director may make copies of the records.
(c) After the denial, suspension, or revocation of a license, the director shall have access to the areas and records that are reasonably necessary to verify that operation of the dog breeding facility has ceased. The director shall have access to:
(1) Those portions of all buildings, yards, pens, and other areas in which dogs are suspected of being kept, handled, or transported without the appropriate license; and
(2) Records required to comply with this chapter; provided that the director may make copies of the records.
(d) The director may administer oaths and take statements; issue subpoenas requiring the attendance of witnesses or the production of books, memoranda, papers, articles, and instruments; and compel the disclosure by witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the director may petition the court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey an order of the court shall constitute a contempt of court.
§ -6 Unlawful acts. (a) Unless otherwise authorized by law, it shall be unlawful and a violation of this chapter for any person to:
(1) Perform any act for which licensure is required under this chapter without possessing a valid license;
(2) Solicit, advertise, or offer to perform any act for which licensure is required under this chapter without possessing a valid license;
(3) Refuse to comply with a cease-and-desist order issued pursuant to this chapter.
(4) Refuse or fail to comply with the provisions of this chapter;
(5) Make a material misstatement in a license application, a license renewal application, or during an official investigation by the department;
(6) Impersonate any state or county official or inspector;
(7) Refuse or fail to comply with any rules adopted by the department pursuant to this chapter or any lawful order issued by the director;
(8) Aid or abet another in any violation of this chapter or any rule adopted by the director to implement this chapter; or
(9) Alter or falsify any certificate of veterinary inspection or any other certificate of veterinary health.
(b) It shall be unlawful and a violation of this chapter for any dog breeder to:
(1) Refuse to permit entry or inspection in accordance with section -5;
(2) Allow a license issued pursuant to this chapter to be used by an unlicensed person;
(3) Make any misrepresentation or false promise through advertisements, employees, agents, or otherwise in connection with the dog breeder operation licensed pursuant to this chapter or for which an application for a license is pending; and
(4) Fail to take reasonable care to release for sale, trade, or adoption only those dogs that are free of undisclosed disease, injury, or abnormality.
§ -7 Enforcement. (a) If the director has reasonable cause to believe that a violation of this chapter, or any rule adopted pursuant to this chapter, has occurred and immediate enforcement is necessary, the director may issue a cease-and-desist order. The cease-and-desist order shall set forth the sections alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease forthwith. At any time after service of the order to cease and desist, the person may request a prompt hearing to determine whether a violation has occurred.
(b) In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the director may bring a suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of this chapter.
(c) No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.
(d) If the director possesses sufficient evidence indicating that any person has engaged in or is about to engage in any act constituting a violation of this chapter or any rule adopted under this chapter, the director may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act and to enforce compliance with this chapter or any rule or order issued under this chapter. In any such action, the director shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the director to post a bond.
§ -8 Civil penalties. (a) Any person who violates any provision of this chapter, or any rule adopted pursuant to it, shall be subject to a civil penalty, as determined by the director. The maximum penalty shall not exceed $1,000 per violation per day.
(b) No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing.
(c) If any person fails to pay all or a set portion of the civil penalty, the director may:
(1) Bring an action to recover the amount of the civil penalty plus costs and attorney's fees in any court of competent jurisdiction; or
(2) Revoke or refuse to renew the person's license authorized under this chapter.
§ -9 Criminal penalties. Any person who violates any provision of this chapter is guilty of a misdemeanor.
§ -10 Rules. The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall take effect on July 1, 2112.
Report Title:
Dogs; Breeders; Licensing; Penalty
Description:
Establishes a licensing requirement for dog breeders. Effective July 1, 2112. (HB1621 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
