Bill Text: HI SB3034 | 2012 | Regular Session | Introduced
Bill Title: Dogs; Commercial Dog Breeding; Regulation; Civil Penalties; Counties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-27 - (S) Referred to CPN/PGM/JDL, WAM. [SB3034 Detail]
Download: Hawaii-2012-SB3034-Introduced.html
|
THE SENATE |
S.B. NO. |
3034 |
|
TWENTY-SIXTH LEGISLATURE, 2012 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to dog breeders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii does not currently regulate the commercial breeding of dogs. However, in early 2011, the discovery of a puppy mill in Waimanalo focused attention on dog breeders and the potential for cruel and inhumane conditions.
The legislature further finds the Animal Welfare Act was first enacted by Congress in 1966. This federal law requires licensure and regulation of certain types of businesses that fall under the category of animal dealers. However, the law exempts businesses, such as the Waimanalo puppy mill, which fall under certain categories, including retail pet stores, retail chain stores, hobby breeders, and direct sales.
During the regular session of 2011, S.B. No. 1522, S.D. 2, H.D. 1, was introduced. This measure proposed that the department of commerce and consumer affairs issue licenses to large-scale dog breeders after the breeders meet certain licensure requirements, and authorized the department's director to enforce the new law. S.C.R. No. 111, S.D. 1, was also adopted during the regular session of 2011. This resolution directed the auditor to conduct a sunrise review of the regulation of large-scale dog breeders and dog breeding facilities, as proposed under S.B. No. 1522, S.D. 2, H.D. 1.
In October 2011, the office of the auditor issued its corresponding report. According to the auditor's report, S.B. No. 1522, S.D. 2, H.D. 1, did not meet the criteria for regulation of large-scale dog breeders through the State's regulatory agency. However, the report did cite other alternatives that could be used to protect dogs, including laws in other states, the American Veterinary Medical Association's model law, a county-based regulatory model, and puppy lemon laws.
In considering the strengths of various states' laws and the most appropriate structure for regulating dog breeders, the legislature finds merit in authorizing counties to conduct or contract for inspections and to implement minimum requirements for the housing and treatment of dogs bred for commercial purposes. The counties are presently charged with issuing dog licenses and regulating animals pursuant to chapter 143, Hawaii Revised Statutes.
The legislature also finds that the counties currently have in place the structure, personnel, and contracts with humane organizations to handle animal control. In contrast, the legislature understands that the department of commerce and consumer affairs is not equipped to administer regulation of animal breeders and recognizes that the department of agriculture's resources are also strained by its existing duties.
The legislature additionally finds that there is not reliable information on the number and size of large-scale dog breeders in the State. While it is believed that Oahu has approximately twenty large-scale dog breeders and the island of Hawaii has approximately ten, it is also believed that Maui and Kauai do not have any.
Rather than impose statewide statutes regarding commercial dog breeders and their facilities, the legislature finds that regulation at the county level is the most reasonable approach in addressing commercial dog breeders.
The legislature understands that county officials may have concerns associated with the costs and responsibility of regulating commercial dog breeders. However, the legislature notes that the Hawaiian Humane Society on Oahu has indicated a willingness to assist with this responsibility at no extra cost to the State. The legislature hopes that the Hawaiian Humane Society will be equally supportive of commercial dog breeder regulation if handled on a county level.
The legislature also notes that there is potential variation by county of the impact of dog breeding operations. Therefore, this measure addresses commercial, rather than large-scale, dog breeders and permits each county to define the types of dog breeding operations subject to regulation.
The purpose of this Act is to:
(1) Require the licensing of commercial dog breeders to ensure that every dog under their care is provided with sufficient food and clean water, sufficient shelter from the elements, necessary veterinary care, sufficient space, and regular exercise, among other things;
(2) Allow each county the flexibility to assess its own situation, determine whether the need for regulation exists, and develop appropriate rules for housing and treatment of dogs by commercial dog breeders, if necessary; and
(3) Allow each county to assess appropriate license fees for commercial dog breeders and to pursue civil penalties for noncompliant dog breeders.
SECTION 2. Chapter 143, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§143- Commercial dog breeders; license required; fees; minimum requirements; premises available for inspection; civil penalties. (a) It shall be unlawful for any person to own or operate as a commercial dog breeder unless the person obtains a valid license as a commercial dog breeder pursuant to this chapter; provided that the legislative bodies of the several counties may, by ordinance, dispense with or modify the licensing requirements of this chapter.
(b) Except where licenses are dispensed with pursuant to subsection (a), each county council shall have the power to fix license fees for commercial dog breeders on a biennial basis. Until and unless otherwise provided by ordinance, the biennial license fee for each commercial dog breeder shall be $500. Any person operating as a commercial dog breeder shall pay the license fee to the director of finance of the county in which the breeder operation is located. The license fee shall be due and payable on January 2 of every second year and shall be paid before March 11 of every second year, or within thirty days after becoming subject to this chapter. The full amount of the fee shall be paid for any fraction of the license period for which a license is issued. All moneys received by the director of finance under this chapter shall be paid into the general fund of each county.
(c) Except where licenses are dispensed with pursuant to subsection (a), each county council shall have the power to establish minimum standards regarding the housing and treatment of dogs in commercial dog breeding operations. The standards shall include:
(1) Provision of proper care, including necessary veterinary care;
(2) Provision of sufficient food and clean water;
(3) Provision of sufficient shelter from the elements;
(4) Provision of sufficient space in confinement;
(5) Requirements for daily cleaning;
(6) Provision of reasonable temperature, lighting, and ventilation;
(7) Provision of regular exercise in an exercise area, unless contrary to the dog's health and safety;
(8) Recordkeeping requirements of each dog's health and disposition;
(9) Requirements for disclosure by the commercial dog breeder to the dog's purchaser of information regarding the dog's health, parentage, and veterinary medical records; and
(10) Any other requirements deemed appropriate by the county.
(d) A commercial dog breeder licensee shall make its premises available for unannounced inspection by the county or the county's designee during regular business hours.
(e) Any person who operates as a commercial dog breeder without a license shall be subject to a civil penalty of up to $1,000; provided that each day of a violation shall be considered a separate offense. Any failure to comply with the standards set by a county pursuant to subsection (c) shall be subject to a civil penalty of up to $1,000 for each violation."
SECTION 3. Section 143-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Commercial dog breeder" means any person who is engaged in the business of breeding or dealing in dogs for direct or indirect sale or for exchange in return for consideration, and who possess less than twenty intact female dogs age six months or older.
"Premises" means property, whether private or public, upon which buildings, yards, kennels, pens, and cages used by the owner of a dog breeding operation in the usual course of business are located."
SECTION 4. Section 143-15, Hawaii Revised Statutes, is amended to read as follows:
"§143-15 Contracts for seizing and
impounding dogs. Any county may contract with any society or organization
formed for the prevention of cruelty to animals, or similar dog protective
organization, for [the]:
(1) The seizure and impounding of all
unlicensed dogs, [and for the] dogs owned by a commercial dog breeder
not in compliance with this chapter and any rules adopted pursuant to this
chapter, and dogs owned by a person acting in the capacity of or engaged in the
business of a commercial dog breeder within the county without a commercial dog
breeder license obtained under and in compliance with this chapter and any
rules adopted pursuant to this chapter;
(2) The maintenance of a shelter or
pound for [unlicensed] seized dogs, and for lost, strayed, and
homeless dogs[, and for the]; and
(3) The destruction or other disposition of seized dogs not redeemed as provided in this chapter.
The county may prescribe in the contract the manner in which the work is to be done by the society or organization and it may also direct the disposition to be made of all dogs seized pursuant to this chapter."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Dogs; Commercial Dog Breeding; Regulation; Civil Penalties; Counties
Description:
Requires the licensing of commercial dog breeders, subject to discretion of the counties; authorizes each county to develop license requirements and fees, and rules for housing and treatment of dogs by commercial dog breeders; authorizes each county to pursue civil penalties for noncompliant dog breeders.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
