THE SENATE	S.R. NO.	23
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

SENATE RESOLUTION

REQUESTING THE STATE DEPARTMENT OF AGRICULTURE TO CONVENE A TASK FORCE TO EXPLORE THE ADVISABILITY OF ENACTING LAWS OR ADOPTING REGULATORY ADMINISTRATIVE RULES TO REGULATE THE BREEDING OF DOGS AND CATS.

     WHEREAS, there does not exist any state statute or county ordinance in Hawaii to regulate the breeding of dogs and cats; and

     WHEREAS, in 2003, a woman accused of operating a "puppy mill" out of her Hawaii Kai condominium was charged with twenty‑five counts of cruelty to animals, one count per animal; and

     WHEREAS, investigators from the Hawaiian Humane Society discovered the dogs in cages crammed into a filthy condo, describing the kennels as "filled with feces, urine, and infested with insects, including cockroaches, flies, spiders, and other pests" (Honolulu Star Bulletin article of November 10, 2007, reporting on court dismissal of the charges); and

     WHEREAS, the Hawaiian Humane Society conducted a nearly month long investigation into suspected animal cruelty and determined that the dogs were kept in "deplorable conditions and small cages – well below standards considered acceptable"; and

     WHEREAS, the woman charged in the case claimed that she had planned to go into business to breed dogs; and

     WHEREAS, this cruelty to animal incident might have been avoided if dog and cat breeders were licensed by the State or county or otherwise required to obtain a permit as a prerequisite to conducting a breeding operation; and

     WHEREAS, a breeder license or permit would provide, at minimum, for registration of the operator, inspection of the breeding facility to ensure adequacy and cleanliness, information to the agency of the number of live births with each litter, the disposition (for example, sale or gift) of each animal after birth, and the payment of licensing or permit fees; and

     WHEREAS, a breeder license or permit could require that the each breed of animal be outfitted with a microchip to verify the legitimate ownership of the animal, particularly a thoroughbred; and

     WHEREAS, a breeder license or permit would also alleviate the deplorable situation of a super abundance of stray cats and dogs, resulting from the indiscriminate and uncontrolled breeding of these animals; and

     WHEREAS, other jurisdictions may have statutes, ordinances, or rules that require a license or permit to breed cats and dogs; now, therefore,

     BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, that the Department of Agriculture is requested to convene a task force to study the laws, ordinances, and rules of other jurisdictions that require licenses or permits to breed cats and dogs to determine whether or not the breeding of dogs and cats should be regulated in the State of Hawaii and what the implementation of such a regulatory mechanism would entail; and

     BE IT FURTHER RESOLVED that the task force, with the assistance of the Department of Agriculture, report its findings and recommendations to the Legislature no later than twenty days prior to the convening of the regular session of 2009, including but not limited to, recommendations for legislation if any legislation is necessary or, in the alternative, an analysis of whether current Hawaii statutes provide the authority for the adoption of administrative rules to regulate the breeding of dogs and cats; and

     BE IT FURTHER RESOLVED that the members of the task force include, but not be limited to, representatives of dog and cat breeders, fanciers, pet shops, and the humane society of each county; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Agriculture; President and Chief Executive Officer of the Hawaiian Humane Society, Maui Humane Society, Kauai Humane Society, and Hawaii Island Humane Society; and the K-9 Animal Rescue League.

OFFERED BY:

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Report Title: 

Dogs and Cats Breeding; Licenses or Permits; Study