Hawaii-2014-HB233-Introduced

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

COMMERCIAL DOG BREEDERS

§ -1 Definitions. As used in this chapter:

"Adequate rest between breeding cycles" means ensuring that female dogs are not bred to produce more litters in any given period than that recommended by a veterinarian licensed under chapter 471, as appropriate for the species, age, and health of the dog.

"Commercial dog breeder" means any person who, whether acting in person or by or through any agent, servant, contractor, or employee, owns, maintains, or otherwise has custody or control of more than ten female dogs with intact sexual organs over the age of six months, for the purpose of breeding those dogs and selling, bartering, giving away, or otherwise transferring their offspring.

"Department" means the department of commerce and consumer affairs, including an employee or agent thereof; or a designated society or organization duly contracted with the county to enforce animal-related statutes and ordinances, including an employee or agent thereof.

"Director" means the director of the department of commerce and consumer affairs, or the director's representative or assignee.

"Dog" means any animal that is wholly or in part of the species canis familiaris.

"Enclosure" means a structure used to house a dog or restrict a dog from running at large.

"Licensee" means a person licensed under this chapter.

"Necessary veterinary care" means, at minimum, an examination at least once yearly by a veterinarian licensed under chapter 471; prompt treatment of any illness or injury by a veterinarian licensed under chapter 471; and where needed, humane euthanasia by a veterinarian licensed under chapter 471 using lawful techniques deemed acceptable by the American Veterinary Medical Association.

"Premises" means the property, whether private or public, on which buildings, yards, kennels, pens, enclosures, or cages are used by a commercial dog breeding operation in the usual course of business.

"Regular exercise" means the opportunity for the dog to move sufficiently to maintain normal muscle tone and mass for the species, age, and health of the dog, as recommended by a veterinarian licensed under chapter 471.

"Sufficient food and clean water" means easy and convenient access to appropriate nutritious food and potable water that is free of debris, feces, algae, and other contaminants, provided to the dog in a safe receptacle, dish, or container, and in such quantity and intervals as suitable for the species, age, and health of the dog.

"Sufficient housing, including protection from the elements" means continuous and unfettered access to an enclosure that:

(1) Provides a solid floor;

(2) Provides proper ventilation;

(3) Provides reasonable shade and protection from inclement weather;

(4) Is not stacked or otherwise placed on top of or below another animal's enclosure;

(5) Is no more than forty two inches off the floor;

(6) Is cleaned of waste at least once a day while the dog is outside of the enclosure; and

(7) Only contains dogs compatible with one another, as determined by observation; provided that

(A) Breeding females in heat may not be in the same enclosure at the same time with sexually mature males, except for breeding purposes;

(B) Breeding females and their litters may not be in the same enclosure at the same time with other dogs; and

(C) Puppies under twelve weeks may not be in the same enclosure at the same time with other adult dogs, other than the dam or foster dam, unless under immediate supervision.

"Sufficient space" means appropriate space for each dog to turn about freely, to stand, sit, and lie down while fully extended, without the head, face, tail, legs, or feet of the dog touching the sides of the enclosure or touching any other dog, when all dogs are lying down simultaneously; and the interior height of the enclosure must be at least one foot above the head of the tallest dog in the enclosure when it is in a normal standing position.

§ -2 License required. No person shall operate as a commercial dog breeder unless the person has a current and valid commercial dog breeder license and the approval of the appropriate county department of planning and permitting.

§ -3 Limit on number of dogs. A person may not own, maintain, or otherwise have custody or control of more than fifty dogs with intact sexual organs over the age of six months at any time.

§ -4 Rules. The director shall adopt rules consistent with this chapter, and pursuant to chapter 91, as necessary for the administration and enforcement of this chapter. The director may further amend and repeal such rules, pursuant to chapter 91, as necessary for the administration and enforcement of this chapter.

§ -5 License application; fees; renewal; records required; premises and records available for inspection. (a) An applicant for a commercial dog breeder license shall submit an application to the department on a form prescribed by the department, together with the annual license fee as established by a fee schedule established by the department pursuant to rules adopted under chapter 91.

(b) Upon receipt of the application and annual license fee, and upon satisfactory completion of a license-qualifying inspection under section -7, the department shall issue the license. The license shall not be transferable to another person or location.

(c) A license to operate as a commercial dog breeder shall be renewable by filing with the department on or before December 31 of each year a renewal application on forms prescribed by the department and submitting the annual license fee.

(d) The director shall have sole jurisdiction, power, authority, and discretion to grant, renew, deny, suspend, and revoke any license to operate as a commercial dog breeder, subject only to the provisions of this chapter and chapter 91.

(e) A commercial dog breeder licensed under this chapter shall keep and maintain records for each dog under that person's ownership, maintenance, custody, or control, whether acting in person or by or through any agent, servant, contractor, or employee, which identify:

(1) The date of birth for the dog, or if the date of birth is unknown, the date the person acquired ownership, maintenance, custody, or control of the dog and the source of the dog;

(2) The dates on which the dog has been bred;

(3) For a female, the number of dogs in each litter produced; and

(4) The disposition the person makes of each dog, including the date of disposition, manner of disposition, and the name and address of any person to whom the dog is sold, bartered, given away, or otherwise transferred.

Records required under this subsection shall be retained by that person for a period of three years following the death of the dog or the date on which that person permanently transferred ownership, maintenance, custody, or control of the dog.

(f) A commercial dog breeder licensed under this chapter shall make its premises and records available for announced or unannounced inspection by the department, during regular business hours.

§ -6 Minimum requirements for dogs. (a) Any person operating as a commercial dog breeder shall provide the following for each dog under the person's ownership, maintenance, custody, or control, whether acting in person or by or through any agent, servant, contractor, or employee:

(1) Necessary veterinary care;

(2) Adequate rest between breeding cycles;

(3) Regular exercise;

(4) Sufficient food and clean water;

(5) Sufficient housing, including protection from the elements; and

(6) Sufficient space to turn and stretch freely, lie down, and fully extend the limbs,

as defined in section -1.

(b) The licensee shall be subject to a citation issued by the department for a violation of this section for each dog.

§ -7 Inspections; investigations; access. (a) The department may make any investigation necessary to ensure compliance with this chapter, including a license-qualifying inspection. For this purpose, the department shall have free and unimpeded access, during regular business hours:

(1) To the premises, including those portions of all buildings, yards, kennels, pens, enclosures, cages or other areas in which any dogs are kept, handled, or transported; and

(2) To all records required to be kept, and may make copies of such records,

for the purpose of carrying out any provision of this chapter or any rule adopted pursuant to this chapter.

(b) After the denial, suspension, or revocation of a license for a commercial dog breeder, the department shall have free and unimpeded access to the premises and records that are reasonably necessary to verify that operation of a commercial dog breeder has ceased. Such access shall include those portions of all buildings, yards, kennels, pens, enclosures, cages, or other areas in which there is probable cause to believe that dogs are being kept, handled, or transported without the appropriate license; and to all records that are equivalent to those required to be kept for the purpose of carrying out the provisions of this chapter.

(c) The director shall have full authority to administer oaths and take statements, issue subpoenas requiring the attendance of witnesses, and require the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by a witness of all facts known to the witness relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the attorney general may petition the district 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 such an order of the court shall be punishable as contempt of court.

§ -8 Enforcement. (a) The director shall enforce the provisions of this chapter.

(b) Whenever the director has reasonable cause to believe that a violation of any provision of this chapter or any rule adopted pursuant to this chapter has occurred and immediate enforcement is deemed necessary, the director may issue a cease-and-desist order, which may require any person to cease violating any provision of this chapter or any rule adopted pursuant to this chapter; provided that:

(1) The cease-and-desist order shall set forth the particular provision or rule alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unlawful actions cease;

(2) At any time after service of the order to cease and desist, the person may request, at the person's discretion, a prompt hearing to determine whether or not a violation has occurred;

(3) If 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; and

(4) No stay of a cease-and-desist order shall be issued before a hearing on the order involving both parties.

(c) Whenever the director possesses sufficient evidence satisfactorily indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule adopted pursuant to this chapter, the director may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this chapter or any rule or order issued pursuant to 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.

§ -9 Civil penalties. (a) Any person who operates as a commercial dog breeder without being licensed under this chapter shall be subject to a civil penalty of up to $1,000, as determined by the director; provided that each day of a violation shall be considered a separate offense. Any order, reprimand, or penalty imposed by the director upon a person for not having a valid license to operate as a commercial dog breeder shall be in addition to any penalty that might be imposed upon that person's conviction in a court of law for any violation of this chapter.

(b) Any licensee who violates any provision of this chapter or any rule adopted pursuant to this chapter shall be subject to a fine of up to $2,000, as determined by the director, for each citation.

(c) No civil penalty shall be imposed unless the person charged is given notice and opportunity for a hearing, pursuant to chapter 91.

(d) If the director is unable to collect a civil penalty or if any person fails to pay all or a portion of the civil penalty imposed by the director, the director may:

(1) Bring suit to recover the amount of the civil penalty plus costs and attorney fees by action in any court of competent jurisdiction; or

(2) Refuse to renew any license under this chapter.

§ -10 Criminal penalties. In addition to the civil penalties under section -9, any person who operates as a commercial dog breeder without being licensed under this chapter, or who violates section -6, shall be guilty of a misdemeanor.

§ -11 Unlawful acts. (a) Unless otherwise authorized by law, it is unlawful and shall be a violation of this chapter for any person or entity to:

(1) Operate as a commercial dog breeder without being licensed under this chapter;

(2) Solicit, advertise, or offer to perform any act for which a commercial dog breeder license is required without being licensed under this chapter;

(3) Refuse to comply with a cease-and-desist order issued pursuant to section -8;

(4) Refuse or fail to comply with the provisions of this chapter;

(5) Refuse or fail to comply with any rules adopted by the director or any lawful order issued by the director pursuant to this chapter;

(6) Make a material misstatement in an application for a commercial dog breeder license, an application for license renewal, or to the department during an official investigation;

(7) Impersonate any state, county, city and county, or department official or inspector;

(8) Aid or abet another in any violation of this chapter or any rule adopted by the director pursuant to this chapter; and

(9) Alter or falsify any certificate of veterinary inspection or any other certificate of veterinary health.

(b) It is unlawful and shall be a violation of this chapter for any commercial dog breeder to:

(1) Refuse to permit entry or inspection in accordance with section -7;

(2) Allow a license issued pursuant to this chapter to be used by an unlicensed person; or

(3) Make any misrepresentation or false promise through advertisements, employees, agents, or otherwise in connection with the business operations licensed pursuant to this chapter or for which an application for a license is pending."

SECTION 2. This Act shall take effect on July 1, 2013.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	233
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII