Bill Text: HI SB2270 | 2016 | Regular Session | Introduced
Bill Title: Animal Control Officers; Training; Certification; County Humane Investigators; Inspection; Seizure; Hearing
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2016-01-29 - Re-Referred to PSM/CPH, JDL/WAM. [SB2270 Detail]
Download: Hawaii-2016-SB2270-Introduced.html
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THE SENATE |
S.B. NO. |
2270 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 143, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:
"§143-A Employment of animal control officers; certification; training. (a) Beginning on January 1, 2018, a person who seeks to be an animal control officer shall be certified as an animal control officer upon completion of training established by the state veterinarian; provided that a person who is certified shall take and pass a recertification test each year.
(b) The state veterinarian shall create and establish animal control officer training courses at entities throughout the State; provided that statewide notice shall be provided to allow for public comment prior to the final establishment of the training courses. The courses shall include but are not limited to the following topics:
(1) Pertinent animal control and protection laws and ordinances of the State and county;
(2) Recognizing suspected animal cruelty and neglect;
(3) Animal care and protection; and
(4) The complaint and hearing process.
(c) Based on the information provided by the entities that provide animal control officer training courses, the state veterinarian shall maintain the training and certification records for all animal control officers for the purposes of documenting and ensuring compliance with this section.
§143-B County humane investigators; qualifications; term; duties. (a) A person may submit an application to be a county humane investigator to the circuit court of the circuit in which the applicant seeks to become an investigator for approval. An application may be approved by the court if the person:
(1) Has never been convicted of animal cruelty or neglect, a felony, or a crime of moral turpitude based on a criminal background check that shall be paid for by the applicant and conducted by the circuit court;
(2) Has received a written recommendation from the administrative entity that oversees animal control in the county in which the applicant seeks to be an investigator;
(3) Has completed a basic animal control course approved by the state veterinarian; and
(4) Resides in the State; provided that the applicant may reside outside of the State if the applicant is employed by a humane society located in the county in which the applicant seeks to be an investigator.
(b) Upon approval and appointment by the court, a county humane investigator shall complete fifteen hours of training in animal care and protection that is approved for animal control officers pursuant to section 143-A.
(c) County humane investigators shall serve a term of three years. An investigator may be reappointed to a consecutive term without an additional background check only if the investigator is reappointed no later than thirty days after the expiration of the initial term.
(d) County humane investigators shall have all the powers of a sheriff or police officer in carrying out this section, may investigate alleged or confirmed violations of laws and regulations pertaining to the care and treatment of animals and disposal of dead animals, and may intervene to prevent the perpetration of any act of cruelty upon an animal; provided that an investigator shall carry a county-issued identification card that includes:
(1) Name;
(2) County that the investigator oversees;
(3) Name of the circuit court and circuit court judge that approved the investigator's application and appointed the investigator;
(4) Signature of the appointing circuit court judge;
(5) Photograph of the investigator; and
(6) Expiration date of appointment.
(e) County humane investigators shall document all investigations and submit a quarterly report to the administrative entity that oversees animal control in the relative county.
(f) County humane investigators shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
(g) An investigator's appointment shall be revoked if the investigator is no longer able to perform the duties of an investigator, is convicted of a felony or misdemeanor, violates any provisions of this chapter or any other law or regulation pertaining to animals, fails to document investigations or submit a quarterly report, or upon good cause shown.
§143-C General right of inspection; animal control officers; county humane inspectors. (a) Upon receiving a complaint pertaining to animal control, animal cruelty, or any other law or regulation pertaining to animals, an animal control officer may enter during business hours upon any business premises for the purposes of investigating the complaint; provided that a search warrant is necessary to enter upon any other premises.
(b) Upon receiving a complaint pertaining to laws or regulations associated with the care and treatment of animals and disposal of dead animals, a county humane inspector may enter during normal business hours upon any business premises for the purposes of investigating the complaint; provided that a search warrant is necessary to enter upon any other premises.
§143-D Seizing and impounding animals; hearing. (a) Any county humane investigator or officer may seize and impound any animal that has been abandoned, treated cruelly, or is in a condition or situation that poses an immediate threat to the animal's safety, health, or life; provided that:
(1) Only the state veterinarian or a state veterinarian's representative may seize and impound an equine; and
(2) Unless there is an immediate threat to the animal's safety, health, or life, a non-domestic animal shall not be seized until the state veterinarian or a state veterinarian's representative has advised of the most appropriate action; provided that the owner or tenant of the land where the animal is located authorizes the seizure and impoundment or there is a court order.
(b) Upon the seizure or impounding of an animal, the humane investigator or officer shall petition the court for a hearing to determine whether the animal has been abandoned, treated cruelly, or not been provided with adequate care; provided that:
(1) Written notice of the date, time, and place of the hearing is provided to the animal's owner five days prior to the hearing or published in a newspaper of general circulation if the owner is unknown;
(2) The hearing shall be scheduled within ten days of the seizure of the animal;
(3) The owner of the animal shall have a right of appeal from a final order and is entitled to a jury trial upon request;
(4) A county organization or society that has been formed for the prevention and cruelty to animals, a humane investigator, or officer shall care and provide for the animal until the conclusion of the court's proceedings;
(5) If the court determines that the animal has not been abandoned, has not been treated cruelly, or has been provided with adequate care, the animal shall be returned to the owner;
(6) If the court determines that the animal has been abandoned, has been treated cruelly, or has not been provided with adequate care, the court may prohibit the owner from possessing or owning another similar animal and shall order the owner of the animal to pay all reasonable expenses incurred in caring and providing for the animal from the time of seizure until the date of the court's order. The animal shall be taken to a county organization or society that provides shelter to animals and has been formed for the prevention and cruelty to animals; provided that the county shall sell any non-domestic animal."
SECTION 2. Section 143-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Animal control officer" means a person appointed or employed to enforce laws relating to animal control, animal cruelty, or any other law or regulation pertaining to animals.
"County humane investigator" means a person appointed to investigate alleged or confirmed violations of laws and regulations pertaining to the care and treatment of animals and disposal of dead animals.
"Non-domestic animal" means an animal that is not tamed and not made fit for a human environment."
SECTION 3. Section 143-7, Hawaii Revised Statutes, is amended to read as follows:
"§143-7 Pounds and animal control
officers. The council of each county may establish and maintain pounds for
the impounding of dogs under this chapter, and may provide for the appointment
and compensation of animal control officers who shall have all the powers of a
sheriff or police officer in carrying out this chapter[.] and may intervene
to prevent the perpetration of any act of cruelty upon an animal;
provided that animal control officers shall be certified as animal control
officers pursuant to section 143-A."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Animal Control Officers; Training; Certification; County Humane Investigators; Inspection; Seizure; Hearing
Description:
Beginning on 1/1/2018, requires a person who seeks to be an animal control officer to be certified as an animal control officer upon completion of training established by the state veterinarian. Authorizes the appointment of county humane investigators, establishes animal control officers' and county humane investigators' rights of inspection and seizure and a hearing process for animals seized.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
