Bill Text: HI SB2494 | 2012 | Regular Session | Amended

---

Bill Title: Animal Cruelty; Dog Breeders; Licensing; Penalties; Counties

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-03-12 - (H) The committee(s) on JUD/CPC recommend(s) that the measure be deferred. [SB2494 Detail]

Download: Hawaii-2012-SB2494-Amended.html

---

 

 

STAND. COM. REP. NO. 2559

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2494

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2494 entitled:

 

"A BILL FOR AN ACT RELATING TO ANIMAL CRUELTY,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to require the licensing of breeders to ensure that every dog under a breeder's care is provided with adequate care, and to prohibit the sale of unsterilized cats and unsterilized dogs to address the irresponsible and indiscriminate sale of cats and dogs.

 

     Prior to the hearing on this measure, your Committee posted a proposed S.D. 1 for review and comments.  The proposed S.D. 1 deletes the contents of the measure and inserts language to:

 

     (1)  Establish a standard of care for dogs to ensure proper treatment of dogs and the dogs' offspring by:

 

          (A)  Prohibiting the ownership or custody of more than thirty dogs over the age of one year with intact sexual organs, at any time;

 

          (B)  Requiring owners of ten or more dogs over the age of four months with intact sexual organs to meet minimum standards of care to ensure the proper treatment and care of the dogs and the dogs' offspring;

 

          (C)  Requiring owners of ten or more dogs over the age of four months with intact sexual organs to maintain specific written records of each dog for a specified period;

 

          (D)  Prohibiting certain types of dogs to be placed in the same enclosure; and

 

          (E)  Establishing penalties; and

 

     (2)  Ensure every dog under a dog breeder's care is provided a minimum standard of care by:

 

          (A)  Requiring the licensing of dog breeders;

 

          (B)  Authorizing each county the flexibility to assess the county's own situation, and determine the need for and develop appropriate rules for housing and treatment of dogs by dog breeders, if necessary;

 

          (C)  Requiring each county or its contracted local humane society to assess appropriate license fees for dog breeders, and to pursue civil penalties for noncompliance; and

 

          (D)  Authorizing a county agent or its contracted designees to inspect a dog breeder licensee's premises unannounced and during regular business hours.

 

     Your Committee received testimony in support of the proposed S.D. 1 from the Department of the Prosecuting Attorney of the City and County of Honolulu, Best Friends Animal Society, and seven private individuals.  Testimony in opposition to the proposed S.D. 1 was submitted by the American Kennel Club, the Hawaiian Kennel Club, Terriers in Paradise-Hawaii, and fifty-three private individuals.  Your Committee received comments on the proposed S.D. 1 from the Hawaiian Humane Society and four private individuals.

 

     Your Committee finds that profit-driven breeding is prevalent in Hawaii.  Recent research conducted by the Hawaiian Humane Society reveals that during a two-week period in November on Oahu, over three hundred sixty puppies were available for sale.  This number projected over a one-year period is approximately $9,400,000 in revenues from the sale of dogs.  Unfortunately, existing state and federal laws regarding the care and husbandry of dogs inadequately regulate large-scale breeding facilities in Hawaii.  This measure ensures that dogs at large-scale breeding facilities receive sanitary living conditions, proper and timely medical care, the ability to move freely at least once a day, and adequate shelter from the elements.  Furthermore, this measure ensures that every dog under a dog breeder's care is provided a minimum standard of care by requiring the licensure of dog breeders.

 

     Your Committee has amended the measure by:

 

     (1)  Adopting the language of the proposed S.D. 1; and

 

     (2)  Inserting an effective date of July 1, 2050, to ensure further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2494, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2494, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

		____________________________ CLAYTON HEE, Chair