Hawaii-2012-SB2675-Introduced

SECTION 1. Chapter 143, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§143- Breeding permits. (a) Each county animal control officer or appropriate county animal control agency, or an agency or organization designated by the county, shall administer a permit program to allow the breeding of dogs consistent with appropriate state law and county ordinances; provided that where a county has an ordinance specifically addressing the breeding of dogs, the county's ordinance shall govern with respect to that provision only.

(b) No dog breeder shall cause or allow the breeding of a male or female dog without first obtaining a breeding permit issued by an animal control officer or the appropriate county animal control agency. Breeding permits shall be valid for twelve months and renewable on an annual basis pursuant to the following permit fee schedule:

(1) For the first five dogs, a fee of $25 per dog;

(2) For more than five dogs but less than eleven:

(A) A fee of $50 per dog; and

(B) Ten per cent of the fee established under subparagraph (A) added to the fee established under paragraph (1);

(3) For the eleventh dog:

(A) A fee of $100; and

(B) Ten per cent of the fee established under subparagraph (A) added to the total fees collected under paragraph (2);

(4) For the twelfth dog:

(A) A fee of $200; and

(B) Ten per cent of the fee established under subparagraph (A) added to the total fees collected under paragraph (3);

(5) For the thirteenth dog:

(A) A fee of $400; and

(B) Ten per cent of the fee established under subparagraph (A) added to the total fees collected under paragraph (4); and

(6) For the fourteenth dog:

(A) A fee of $500; and

(B) Ten per cent of the fee established under subparagraph (A) added to the total fees collected under paragraph (5);

provided that no breeding permits shall be issued for more than fourteen dogs.

A breeding permit shall require the breeder to provide the appropriate county animal control officer or agency with documents that indicate the number of live births and the number of males and females in each litter.

(c) Each county animal control officer or appropriate county animal control agency, or an agency or organization designated by the county, at least twice each year, shall inspect each premises for which a breeding permit has been issued. A breeder who is issued a permit shall be deemed to have given consent to the entry and inspection of the premises by the animal control officer or agency, provided that the inspection is conducted at a reasonable time and the breeder, or breeder's representative, is present during the inspection. Notice to the breeder prior to inspection shall not be required, except to coordinate a time for the inspection when the breeder shall be present.

(d) Any breeder's refusal of entry and inspection shall be grounds for suspension or revocation of the breeder's permit and shall be punishable by a fine of $2,000. Repeated refusal by the breeder or the breeder's representative to be present, or to remain present, during an inspection as required by subsection (c) shall constitute a refusal under this subsection.

(e) Any person violating this section shall be subject to a civil penalty of up to $2,000 per violation.

(f) For purposes of this section:

"Dog breeder" or "breeder" means a person, firm, partnership, corporation, pet store, importer, or other association that has sold, whelped, transferred, or given away all or part of one litter per dog per twelve month period or thirty or more dogs during the preceding twelve months. Sales include private, retail, and internet sales.

"Pet store" means any establishment or market place where animals are bought, sold, exchanged, or offered for sale to the general public, including the keeping for transfer or the transfer of animals at temporary facilities, such as flea markets, mobile facilities, department stores, merchandise outlets, discount outlets, animal shows for the purpose of conducting a sale, and other types of retail outlets where animals are provided for dog show purposes, as companions, as household animals, or for breeding stock."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2675
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII