SB233.DOC

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

companion animal protection act

PART I. GENERAL PROVISIONS

§ -1 Short title. This chapter shall be known as the Companion Animal Protection Act.

§ -2 Findings and purpose. (a) The legislature finds that:

(1) Protecting animals is a legitimate and compelling public interest;

(2) The destruction of savable animals in shelters is a needless tragedy that must be brought to an end;

(3) No animal should be destroyed if the animal can be placed in a suitable home, if a private sheltering agency or rescue group is willing to take care and custody of the animal for purposes of adoption, or, in the case of feral cats, if they can be sterilized and released to their habitats;

(4) Animals held in shelters deserve proper care and humane treatment including prompt veterinary care, adequate nutrition, shelter, exercise, environmental enrichment, and water;

(5) Shelters have a duty to make all savable animals available for adoption for a reasonable period of time;

(6) Owners of lost animals should have a reasonable period of time within which to redeem their animals;

(7) Shelters should not destroy savable animals at the request of their owners;

(8) All efforts should be made to encourage the voluntary spaying and neutering of animals;

(9) The State is obligated to taxpayers and community members to spend tax moneys on programs and services whose purpose is to save and enhance the lives of animals;

(10) When animals are destroyed, it should be done as humanely and compassionately as possible;

(11) Taxpayers and community members deserve full and complete disclosure about how animal shelters operate;

(12) Citizens have a right to ensure that agencies follow the law;

(13) Saving the lives of animals, identifying and eliminating animal neglect and abuse, and protecting public safety are compatible interests; and

(14) Policies that undermine the public's trust in animal shelters should be eliminated.

(b) The purpose of this chapter is to ensure that all public and private sheltering agencies that operate within the State shall:

(1) Commit themselves to ending the destruction of savable animals in their care and custody;

(2) Work with other animal adoption organizations to the fullest extent to promote the adoption of animals and to reduce the rate of destruction;

(3) Provide every animal in their custody with individual consideration and care, regardless of how many animals they take in, or whether such animals are healthy, unweaned, elderly, sick, injured, traumatized, feral, aggressive, or of a particular breed;

(4) Not ban, bar, limit, or otherwise obstruct the adoption of any animal based on arbitrary criteria, such as breed, age, color, or any other criteria unrelated to the individual animal's medical condition or temperament.

(5) Be open to the public for adoption seven days per week; and

(6) Implement programs to save lives, including free and low-cost spaying and neutering services for animals, including feral cats; a foster-care network for animals needing special care, including unweaned, traumatized, sick and injured animals; comprehensive adoption programs that operate during weekend and evening hours and include adoption venues other than the shelter; medical and behavioral rehabilitation programs; pet-retention programs to solve medical, environmental, and behavioral problems and keep animals with their caring and responsible owners; and, volunteer programs to help socialize animals, promote adoptions, and assist in the operations of the shelter.

§ -3 Definitions. As used in this chapter:

"Animal" means any domestic non-human living creature normally kept as a pet, or a feral animal.

"Dangerous dog" means a dog adjudicated to be vicious by a court of competent jurisdiction.

"Feral cat" means a cat that is free-roaming, not socialized to humans, and not owned.

"Feral cat caregiver" means someone who cares for feral cats and has an interest in protecting the cats, but is not the owner of those cats.

"Healthy animal" is any animal that is not sick or injured.

"Impounded animal":

(1) Means any animal that enters a public or private sheltering agency or rescue group regardless of whether the animal is a stray, owner-relinquished, seized, taken into protective custody, transferred from another private or public sheltering agency, or is an animal that the owner requests be destroyed;

(2) Does not include any animal presented to a medical clinic associated with such agencies for purposes of preventative or rehabilitative medical care, or sterilization.

"Irremediably suffering animal" means any animal with a medical condition and a poor or grave prognosis for being able to live without severe, unremitting pain, as determined by a veterinarian licensed to practice in this State.

"Litter of animals" means two or more animals that are under twelve weeks of age as determined by a veterinarian licensed to practice in this State, or by a veterinary technician or veterinary assistant working under the direction of a veterinarian licensed to practice in this State.

"Non-rehabilitatable animal" means any animal with severe illness or injury; provided that the prognosis for rehabilitation is either poor or grave as determined by a veterinarian licensed to practice in this State.

"Private sheltering agency" means a shelter, society for the prevention of cruelty to animals, humane society, or animal adoption group, which is designated as a tax exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and which:

(1) Does not receive county funding or have a contract with the county from which it accepts stray or owner-relinquished animals;

(2) Accepts animals into a physical facility other than a private residence; and

(3) Places into new homes stray animals, owner-relinquished animals, or animals that have been removed from a public or private sheltering agency.

"Public sheltering agency" means a public animal control shelter or private shelter, society for the prevention of cruelty to animals, humane society, or animal adoption group that receives state or county funding or has a contract, or both, with the State or any county from which it accepts stray or owner-relinquished animals.

"Rescue group":

(1) Means a collaboration of individuals not operated for a profit, whose primary stated purpose is animal protection, which places into new homes stray animals, owner-relinquished animals, or animals that have been removed from a public or private sheltering agency;

(2) Does not include individual rescuers who keep animals in their own homes but are not part of a larger collaboration.

"Savable animal" means any animal that is either healthy or treatable, and is not a vicious or dangerous dog.

"Stray animal" means any animal that is impounded without a known owner present at impound.

"Treatable animal" is any animal that is sick or injured; provided that the prognosis for rehabilitation of that illness or injury, or both, is excellent, good, fair, or guarded as determined by a veterinarian licensed to practice in this State.

"Unweaned animal" means any neonatal animal that, in the absence of its mother, requires supplemental bottle feeding by humans in order to survive. In the case of dogs and cats, unweaned animals are animals that fit the above description and are from zero to four weeks of age.

"Vicious dog" means a dog that exhibits aggression to people even when the dog is not hungry, in pain, or frightened; provided that the prognosis for rehabilitation of such aggression is poor or grave as determined by a trained behaviorist who is an expert on canine behavior.

§ -4 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

PART II. STERILIZATION REQUIREMENTS

§ -11 Sterilization requirement. (a) Except as otherwise provided in this section, no public or private sheltering agency or rescue group shall sell, adopt, or give away to a new owner any dog, cat, rabbit, or other animal that has not been spayed or neutered.

(b) If a veterinarian licensed to practice in this State certifies that an animal is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the animal to be spayed or neutered, the adopter or purchaser shall pay the public or private sheltering agency or rescue group a deposit of not less than $50, and not more than $100.

This deposit shall be returned if the adopter or purchaser presents the entity from which the animal was obtained with proof that the animal has been spayed or neutered within sixty days of receiving the animal, or presents a signed letter from a veterinarian licensed to practice in this State, certifying that the animal has died, including a description of the animal and most likely cause of death.

This deposit shall also be returned upon the expiration the sixty-day period if the adopter or purchaser presents a signed letter from a veterinarian licensed to practice in this State, certifying that upon the expiration of the sixty-day period, the animal remains too sick or injured, or that it would otherwise be detrimental to the health of the animal, to be spayed or neutered.

(c) The adopter or purchaser of an animal must spay or neuter that animal within sixty days of adoption, purchase, or receipt from a public or private sheltering agency, or rescue group; provided that if a veterinarian licensed to practice in this State certifies that an animal is too sick or injured to be spayed or neutered within the time period, or that it would otherwise be detrimental to the health of the animal to be spayed or neutered within the time period, the animal shall be spayed or neutered within thirty days of the veterinarian certifying that the animal may safely be spayed or neutered.

(d) Notwithstanding subsection (b), if a veterinarian licensed to practice in this State certifies that an animal is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the animal to be spayed or neutered, and that the animal is not likely to ever be healthy enough to be spayed or neutered, no deposit shall be required.

(e) For the purposes of this section, a determination that a dog or cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the animal, may not be made based solely on the youth of the dog or cat, so long as the dog or cat is at least eight weeks of age.

(f) Notwithstanding the other requirements of this section, animals may be transferred to organizations listed on the registry required under section -51 before they have been spayed or neutered and without a spay or neuter deposit, as long as the receiving organization represents that it will spay or neuter all animals before placing them into homes.

(g) Any funds from unclaimed deposits made pursuant to this section shall be expended only for programs to spay or neuter animals.

(h) A licensed veterinarian shall perform all operations to spay or neuter an animal.

(i) All certifications made pursuant to this section shall be in writing, signed by the director of the agency or by a veterinarian, and be made available for free public inspection for not less than three years.

(j) This section shall not apply to reptiles, amphibians, birds, fish, and small animals such as mice and hamsters, where the anesthesia or sterilization procedure is likely to result in the animal's death.

§ -12 Penalties. (a) A person is subject to civil penalties of not less than $200 or more than $500 if that person does any of the following:

(1) Falsifies any proof of spaying or neutering submitted for the purpose of compliance with this chapter;

(2) Intentionally issues a check for insufficient funds for any spaying or neutering deposit required under this chapter;

(3) Falsifies a signed letter from a veterinarian, submitted for the purpose of compliance with this chapter, certifying that an animal is too sick or injured to be spayed or neutered; or

(4) Fails to sterilize the animal as required.

(b) An action for a penalty proposed under this section may be commenced in a court of competent jurisdiction by the administrator of the public or private animal sheltering agency or rescue group from which the recipient obtained the animal that is the subject of the violation.

(c) All penalties collected under this section shall be retained by the agency bringing the action under subsection (b) and shall be used solely for programs to spay or neuter animals.

PART III. FERAL CATS

§ -21 Feral cat caretakers. (a) Caretakers of feral cats shall be exempted from any provision of law proscribing the feeding of stray animals, requiring permits for the feeding of animals, requiring the confinement of cats, or limiting the number of animals a person can own, harbor, or have custody of.

(b) Nothing in this section shall be construed to limit the enforcement of a statute having as its effect the prevention or punishment of animal neglect or cruelty, so long as that enforcement is based on the conditions of animals, and not based on the mere fact that a person is feeding feral cats in a public or private location.

§ -22 Traps. (a) In order to encourage the spaying or neutering of feral cats and to protect cats, public or private sheltering agencies or rescue groups shall not lend, rent, or otherwise provide traps to the public to capture cats, except to a person for the purpose of catching and reclaiming that person's wayward cat, to capture injured or sick cats or cats otherwise in danger, to capture feral kittens for purposes of taming and adoption, or, in the case of feral cats, for purposes of spaying or neutering, and subsequent re-release.

(1) For the purposes of this section, the location of the cats, without more, does not constitute "otherwise in danger".

(2) A person is subject to civil penalties of not less than $200 and not more than $500 if that person uses a trap from a public or private sheltering agency or rescue group for purposes other than those described above.

(c) All penalties collected under this section shall be retained by the agency bringing the action under subsection (c) and shall be used solely for programs to spay or neuter animals.

PART IV. HOLDING PERIODS

§ -31 Holding periods, generally. (a) The required holding period for a stray animal impounded by any public or private sheltering agency shall be five business days, not including the day of impoundment; provided that:

(1) Stray animals without any form of identification and without a known owner shall be held for owner redemption during the first two days of the holding period, not including the day of impoundment, and shall be available for owner redemption, transfer, and adoption for the remainder of the holding period;

(2) Stray animals may be adopted into new homes or transferred to a rescue group or private sheltering agency for the purpose of adoption after the first two days of the holding period, not including the day of impoundment, except as provided in paragraphs (3) to (9);

(3) If a stray animal is impounded with a license tag, microchip, or other form of identification, or belongs to a known owner, the animal shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption, transfer, and adoption for the remainder of the holding period;

(4) Litters of animals or individual members of a litter of animals, including the nursing mother, and unweaned animals may be transferred to a private sheltering agency or rescue group for the purpose of adoption immediately after impound;

(5) Individual members of litters of animals that are at least six weeks of age, including the mother, may be adopted immediately upon impound;

(6) A feral cat caregiver has the same right of redemption for feral cats as an owner of a pet cat, without conferring ownership of the cat on the caregiver;

(7) Irremediably suffering animals shall be euthanized without delay, upon a determination made in writing and signed by a veterinarian licensed to practice in this State. Certification shall be made available for free public inspection for not less than three years;

(8) Dogs and cats with confirmed cases of parvovirus or cats with confirmed cases of panleukopenia may be euthanized without delay, upon a certification made in writing and signed by a veterinarian licensed to practice in this State. Certification shall be made available for free public inspection for no less than three years;

(9) Unweaned animals impounded without their mother may be destroyed so long as the shelter has exhausted all efforts to place the animals in foster care, made an emergency appeal under the requirements of section -51, and certified that it is unable to provide the needed care and feeding in its facility. Certification shall also state in clear and definitive terms why the agency is unable to place the animals in foster care, which private sheltering agencies and rescue groups it made an appeal to, and what would be required in the future in order to provide the needed care and feeding in foster care or its facility, and what steps are being taken to do so. Certification shall be made in writing, signed by the director of the agency or by a veterinarian, and be made available for free public inspection for not less than three years.

§ -32 Owner-relinquished animals. (a) The required holding period for an owner-relinquished animal impounded by public or private sheltering agencies shall be the same as that for stray animals; provided that:

(1) Any owner-relinquished animal that is impounded shall be held for adoption or for transfer to a private sheltering agency or rescue group for the purpose of adoption for the entirety of the holding period;

(2) Owner-relinquished animals may be adopted into new homes or transferred to a private sheltering agency or rescue group for the purpose of adoption at any time after impoundment.

(b) When an animal is surrendered or brought to a shelter to be destroyed at the owner's request, the animal shall be subject to the same holding periods and the same requirements for all owner-relinquished animals, reqardless of the owner's request.

§ -33 Seized animals. An animal seized by an officer of a public or private sheltering agency under any law having as its effect the prevention or punishment of animal neglect or cruelty, seized under statutory provisions regarding dangerous dogs, or seized under quarantine or disease control regulations, shall be impounded and held as consistent with the requirements of those laws; provided that, where any other law permits a holding period, care, or disposition which affords an animal less protection than the mandates of this chapter, this chapter shall supersede.

PART V. ANIMAL CARE STANDARDS

§ -41 Standards. (a) Except as otherwise provided in this section, public and private sheltering agencies shall provide all animals during the entirety of their shelter stay with the following:

(1) Fresh food;

(2) Fresh water;

(3) Environmental enrichment to promote their psychological well-being, such as socialization, toys, and treats; and

(4) Exercise at least once daily; provided that dogs that are vicious to people or dangerous dogs may, but are not required to, be exercised during the holding period.

(b) Notwithstanding subsection (a), public and private sheltering agencies shall work with a veterinarian licensed to practice in this State to develop and follow a care protocol, which is consistent with the goals of this chapter, as defined in section -2, for animals with special needs such as, but not limited to, nursing mothers, unweaned animals, sick or injured animals, geriatric animals, or animals needing therapeutic exercise. This care protocol shall specify any deviation from the standard requirements of subsection (a) and the reasons for the deviation.

(c) During the entirety of their shelter stay, animals shall be provided prompt and necessary cleaning of their cages, kennels, or other living environments no less than two times per day, to ensure environments that are welcoming to the public, hygienic for both the public and animals, and to prevent disease. This cleaning shall be conducted in accordance with a protocol developed in coordination with a veterinarian licensed to practice in this State; provided that animals shall be temporarily removed from their cages, kennels, or other living environments during the process of cleaning, to prevent them from being exposed to water from hoses or sprays, cleaning solutions, detergents, solvents, and chemicals.

(d) During the entirety of their shelter stay, all animals shall be provided with prompt and necessary veterinary care, including but not limited to preventative vaccinations, cage rest, fluid therapy, pain management, and antibiotics, sufficient to alleviate any pain caused by disease or injury, to prevent a condition from worsening, and to allow them to leave the shelter in reasonable condition, even if the animals are not candidates for redemption, transfer, or adoption.

(e) Public and private sheltering agencies shall work with a veterinarian licensed to practice in this State to develop and follow a protocol to prevent the spread of disease, including, but not limited to, appropriate evaluation and testing of newly impounded animals, administration of vaccines, proper isolation and handling of sick animals, and measures to protect those animals most vulnerable to infection.

(e) All protocols in this section shall be in writing, signed by a veterinarian, and be made available for free public inspection for not less than three years.

PART VI. ADDITIONAL PROGRAMS AND DUTIES

§ -51 Registry. (a) All public and private sheltering agencies that destroy animals shall maintain a registry of organizations willing to accept animals for the purposes of adoption, as follows:

(1) All public or private sheltering agencies, and rescue groups designated as tax exempt by section 501(c)(3) of the Internal Revenue Code of 1986, as amended, shall be immediately placed on this registry upon their request, regardless of the organizations' geographical location or any other factor except as described under paragraph (5);

(2) The public or private sheltering agency may, but is not required to, include on the registry any rescue groups that are not designated as tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986, as amended;

(3) The registry shall include the following information provided by the registered organization: organization name, mailing address, telephone number, website and electronic mail address, emergency contact information for the organization, the types of animals about which the organization wishes to be contacted, including species-type and breed, and whether or not the organization is willing and able to care for unweaned animals, sick or injured animals, and feral or aggressive animals;

(4) All public and private sheltering agencies shall seek organizations to include on the registry;

(5) A public or private sheltering agency may refuse to include an organization on the registry, or delete an organization from the registry, if any of the organization's current directors or officers have been convicted in a court of competent jurisdiction of a violation of any law consisting of cruelty to animals or neglect of animals, or if the charges are pending against any of the organization's current directors or officers, or if the organization or its current directors or officers are constrained by a court order or legally binding agreement that prevents the organization from taking in or keeping animals. An agency may require an organization to disclose any or all convictions, charges, and legal impediments described in this paragraph;

(6) A public or private sheltering agency may require that registered organizations provide the following summary information on no more than a monthly basis: the total number of animals the organization has taken from the agency that have been adopted, died, were transferred, were destroyed, and are still under the organization's care. This information may be provided in an informal format, such as via electronic mail;

(7) A public or private sheltering agency shall not demand additional information, other than that described in this section, as a prerequisite for including an organization on the registry or for continuing to maintain that organization on the registry; and

(8) All information compiled in compliance with this section shall be made available for free public inspection for no less than three years.

(b) No public or private sheltering agency may destroy an animal unless and until the agency has notified, or made a reasonable attempt to notify, all organizations on the registry described in subsection (a) that have indicated a willingness to take an animal of that type; provided that:

(1) The notification shall take place at least two business days prior to the destruction of the animal;

(2) At a minimum, the notification shall include calling the organization's regular and emergency contact numbers, and sending a message via electronic mail, if the organization's electronic mail address is available. Notification is considered complete as to each individual group when this has been accomplished;

(3) No animal may be destroyed if an organization on the registry is willing and able to take the animal within two business days after being notified; and

(4) No fee may be assessed for animals released to organizations listed on the registry.

(c) No public or private sheltering agency may destroy an animal unless and until the agency has notified, or made a reasonable attempt to notify, individual rescuers, rescue groups that are not designated as a tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and the public at large so that they may consider adopting or rescuing the animal consistent with the agency's normal adoption or transfer protocols; provided that the notification:

(1) Shall take place at least two business days prior to the destruction of the animal; and

(2) Such notification can be accomplished in any reasonable manner but shall, at a minimum, include posting a notice in the shelter on the particular animal's cage or kennel, and on the agency's website that states: "This animal is to be destroyed on [date] and [time]."

(d) The following exceptions shall apply to the requirements of subsections (b) and (c):

(1) All irremediably suffering animals shall be euthanized without delay. The determination that an animal is irremediably suffering shall be in writing, signed by a veterinarian licensed to practice in this State, and be made available for free public inspection for no less than three years;

(2) Dogs and cats with confirmed cases of parvovirus or cats with confirmed cases of panleukopenia may be euthanized without delay, upon a certification made in writing and signed by a veterinarian licensed to practice in this State. The certification shall be made available for free public inspection for not less than three years; and

(3) Upon the impoundment of unweaned animals without their mother, all public and private sheltering agencies which have not placed the animals into foster care or have not committed to provide supplemental feeding shall immediately make an emergency appeal to organizations on the registry that have indicated that they are willing and able to care for unweaned animals, and give such organizations a reasonable amount of time to respond to the appeal. Unweaned animals impounded without their mother may then be destroyed before the expiration of the two business days notification period if the requirements of section -31(a)(9) are met.

(e) All public and private sheltering agencies shall require organizations taking animals under this section to sign a contract providing that:

(1) The animals are being taken for the purposes of adoption; and

(2) All animals taken from the agency will be spayed or neutered before adoption, unless a licensed veterinarian certifies that an animal is too sick to be spayed or neutered, or that it would otherwise be detrimental to the health of the animal to be spayed or neutered as required under section -11.

§ -52 Identification and notification. All public and private sheltering agencies shall take appropriate action to ensure that all animals are checked for all currently acceptable methods of identification, including microchips, identification tags, and licenses. All public and private sheltering agencies shall maintain continuously updated lists of animals reported lost, and attempt to match these lost reports with animals reported found and animals in the shelter, and shall also post all stray animals on the Internet with sufficient detail to allow them to be recognized and claimed by their owners. If a possible owner is identified, the agencies shall undertake reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal. These efforts shall include, but are not limited to, notifying the possible owner by telephone, mail, and personal service to the last known address. Upon the owner's or caretaker's initiation of recovery procedures, the agencies shall retain custody of the animal for a reasonable period of time to allow for completion of the recovery process. Efforts to locate or contact an owner or caretaker, and communications with persons claiming to be owners or caretakers, shall be recorded and be made available for free public inspection for not less than three years.

§ -53 Adoption programs. Every public or private sheltering agency shall have adoption programs which include:

(1) Adoption programs to place animals into homes and to transfer animals to other private sheltering agencies or rescue groups for adoption;

(2) Promotion of animals to the community through means such as the local media and the Internet;

(3) Evening and weekend adoption hours; and

(4) Community-based adoption events or venues at locations other than the shelter.

In addition, all public sheltering agencies shall be open for public adoption seven days per week for a minimum of six hours per day, except on the following state holidays, when the shelter may, but is not required to, be open for adoptions: New Years Day, Thanksgiving Day, and Christmas Day.

§ -64 Adoption criteria. No public or private sheltering agency shall ban, bar, limit or otherwise obstruct the adoption of any animal based on arbitrary criteria, such as breed, age, color, or any other criteria unrelated to the individual animal's medical condition and temperament.

§ -65 Public services. (a) Every public sheltering agency shall provide the following public services:

(1) Low-cost spay or neuter services for animals;

(2) Volunteer opportunities for people to assist the shelter, including fostering animals, socializing animals, assisting with adoptions, and otherwise helping in the operations of the shelter; and

(3) Programs to assist people in overcoming situations that may cause them to relinquish or abandon their animals, including, but not limited to, programs that address animal behavior problems, medical conditions, and environmental conditions.

(b) Nothing in this section shall prohibit an agency from adopting reasonable rules to facilitate the orderly operation of these programs, so long as the rules are designed to meet the goals of this chapter, as defined in section -2.

§ -66 Restrictions on use of animals. (a) No person shall procure or use any living animal from a public or private sheltering agency or rescue group for medical or biological teaching, research, or study. No hospital, educational or commercial institution, laboratory, or animal dealer, whether or not the dealer is licensed by the United States Department of Agriculture, shall purchase or accept any living animal from a public or private sheltering agency, rescue group, commercial kennel, kennel, peace officer, or animal control officer.

(b) No public or private sheltering agency, rescue group, commercial kennel, kennel, peace officer, or animal control officer shall sell, adopt, transfer, or give away any living animal to a person, hospital, educational or commercial institution, laboratory, or dealer in animals, whether or not the dealer is licensed by the United States Department of Agriculture, for purposes of medical or biological teaching, research, or study.

§ -67 Destruction of animals; requirements. (a) No savable animal in a public or private sheltering agency shall be destroyed simply because the holding period has expired. Before an animal is destroyed, all of the following conditions shall be met:

(1) There are no empty cages, kennels, or other living environments in the shelter;

(2) The animal cannot share a cage or kennel with another animal;

(3) A foster home is not available;

(4) Organizations listed on the registry described in section -51 are not willing to accept the animal;

(5) The animal is not a feral cat subject to sterilization and release;

(6) All mandates, programs, and services of this chapter have been met; and

(7) The director of the agency certifies that there is no other alternative.

(b) The determination that all conditions of subsection (a) have been met shall be made in writing, signed by the director of the agency, and be made available for free public inspection for not less than three years.

§ -68 Destruction of animals; procedure. (a) All animals impounded by a public or private sheltering agency or rescue group shall be destroyed, only when necessary and consistent with the requirements of this chapter, by lethal intravenous injection of sodium pentobarbital, administered by a licensed veterinarian, except as follows:

(1) Intraperitoneal injections may be used only under the direction of a licensed veterinarian, and only when intravenous injection is not possible for infant animals, companion animals other than cats and dogs, feral cats, or in comatose animals with depressed vascular function; and

(2) Intracardiac injections may be used only when intravenous injection is not possible for animals that are completely unconscious or comatose, and then only under the direction of a veterinarian.

(b) No animal shall be allowed to witness any other animal being destroyed or being tranquilized or sedated for the purpose of being destroyed.

(c) Animals shall be sedated or tranquilized as necessary to minimize their stress or discomfort, or in the case of vicious animals, to ensure staff safety; provided that neuromuscular blocking agents shall not be used.

(d) Following their injection, animals shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support.

(e) An animal may not be left unattended between the time procedures to destroy the animal are commenced and the time death occurs, nor may the animal's remains be disposed of until death is verified.

(f) Verification of death shall be confirmed for each animal in each of the following ways:

(1) By lack of heartbeat, verified by a stethoscope;

(2) By lack of respiration, verified by observation;

(3) By pale, bluish gums and tongue, verified by observation; and

(4) By lack of eye response, verified if lid does not blink when eye is touched and pupil remains dilated when a light is shined on it.

(g) The room in which animals are destroyed shall be cleaned and regularly disinfected as necessary, but not less than once per day on days the room is used; provided that the area where the procedure is performed shall be cleaned and disinfected between each procedure.

(h) The room in which animals are destroyed shall have adequate ventilation that prevents the accumulation of odors.

(i) A veterinarian licensed to practice in this State shall perform these procedures.

PART VII. PUBLIC ACCOUNTABILITY

§ -71 Disclosure requirements. (a) All public and private sheltering agencies shall post, in a conspicuous place where animals are being relinquished by owners, a sign which is clearly visible and readable from any vantage point in the area, and at least seventeen inches by twenty-two inches, which has all of the following information identified by species-type:

(1) The number of animals impounded for the prior calendar year;

(2) The number of animals impounded for the prior calendar year that were adopted;

(3) The number of animals impounded for the prior calendar year that were transferred to other agencies for adoption;

(4) The number of animals impounded for the prior calendar year that were reclaimed by their owners;

(5) The number of animals impounded for the prior calendar year that died, were lost, and were stolen while under the direct or constructive care of the agency; and

(6) The number of animals impounded for the prior calendar year that were destroyed by the agency, at the agency's direction, with the agency's permission, or by a representative of the agency.

(b) All public or private sheltering agencies shall provide all owners who are relinquishing an animal with accurate information, in writing, about the likely disposition of their animal which includes, but is not limited to:

(1) If the animal is of a breed or type that is normally destroyed;

(2) If the animal is likely to be destroyed because of some current, usual, or unusual circumstances, and

(3) The information required by subsection (a).

(c) Any owner surrendering an animal to a public or private sheltering agency shall sign a statement on a form provided by the agency which includes the specific language: "I understand that the shelter may destroy my pet."

If such statements are provided on a form which has additional information, the owner must initial the statement where this information appears. If the person refuses to sign the statement, the shelter, or its agents, shall recite the statement aloud to the owner and then write: "Refused to sign."

The statements shall be kept on file for a period of not less than three years and be made available for public inspection.

(d) All public and private sheltering agencies shall make available for free public inspection the care protocol required under section -41(b), the cleaning protocol required under section -41(c), and the disease-prevention protocol required under section -41(e).

(e) All public and private sheltering agencies shall include on their websites and post, in a conspicuous place near the entrance of the shelter, a list of organizations included on the registry described in section -51, as well as an invitation for all public or private sheltering agencies and rescue groups to inquire about being listed on the registry, so that they may be notified before any animal is destroyed. The lists shall not include any contact information the registered organizations do not wish to make public.

§ -72 Reports. (a) All public or private sheltering agencies shall provide to the department of agriculture and, upon request, for free public inspection, a monthly summary by the tenth day of the month that includes the following information by species-type:

(1) The number of animals impounded during the previous month;

(2) The number of impounded animals sterilized by the agency or sterilized by contract with participating outside private veterinarians during the previous month;

(3) The number of animals that were destroyed by the agency, at the agency's direction, with the agency's permission, or by a representative of the agency during the previous month;

(4) The number of animals that died, were lost, or were stolen while in the direct or constructive care of the agency during the previous month;

(5) The number of animals that were returned to their owners during the previous month;

(6) The number of animals that were adopted during the previous month;

(7) The number of animals that were transferred to other organizations for adoption during the previous month; and

(8) The number of animals impounded into the reporting agency from outside the county during the previous month.

(b) Every public or private sheltering agency shall provide an annual summary by January 31 to the department of agriculture and, upon request, for free public inspection, which includes the following information by species-type:

(1) The number of animals impounded during the previous calendar year;

(2) The number of impounded animals sterilized by the agency or sterilized by contract with participating outside private veterinarians during the previous calendar year;

(3) The number of animals that were destroyed by the agency, at the agency's direction, with the agency's permission, or by a representative of the agency during the previous calendar year;

(4) The number of animals that died, were lost, or were stolen while in the direct or constructive care of the agency during the previous calendar year;

(5) The number of animals that were returned to their owners during the previous calendar year;

(6) The number of animals that were adopted during the previous calendar year;

(7) The number of animals that were transferred to other organizations for adoption during the previous calendar year; and

(8) The number of animals impounded into the reporting agency from outside the county during the previous calendar year.

§ -73 Dog license revenues. (a) Revenues from dog licenses, as required under any existing state or county laws, shall be deposited into an account for use by county animal control agencies as follows:

(1) Sixty per cent shall be used exclusively for free and low-cost spaying or neutering of feral cats and owned animals under the provision of subsection (b);

(2) Forty per cent shall be used exclusively for free and low-cost medical assistance, including vaccinations, of feral cats and owned animals under the provision of subsection (b).

(b) Dog license funds shall be used to provide low-cost spaying, neutering, and medical care for animals if the owner or feral cat caretaker meets income guidelines set by the shelter or county except as follows:

(1) Dog license funds shall be used to provide free spaying and neutering for animals if the owner is on public assistance or is eligible for any type of county, state, or federal aid of the kind that is normally given to individuals based on lack of sufficient income;

(2) Dog license funds shall be used to provide low-cost medical care, including vaccinations, for animals if the owner is on public assistance or is eligible for any type of county, state, or federal aid of the kind that is normally given to individuals based on lack of sufficient income;

(3) Dog license funds shall be used to provide free spaying or neutering and vaccinations against rabies for feral cats, regardless of the feral cat caretaker's income.

(c) The services in subsection (b) shall be performed under the direction of a veterinarian licensed to practice in this State.

(d) Dog license funds shall not be deducted from the budget of any county animal control agency.

§ -74 Standing. (a) Any resident of the State may compel a public or private sheltering agency or rescue group to follow the mandates of this chapter through a lawsuit asking a court of competent jurisdiction to grant declaratory and injunctive relief including, but not limited to restraining orders, preliminary injunctions, injunctions, writs of mandamus and prohibition, and other appropriate remedies at law.

(b) Any public or private sheltering agency or rescue group may compel a public or private sheltering agency to follow the mandates of this chapter through a lawsuit asking a court of competent jurisdiction to grant declaratory and injunctive relief including, but not limited to restraining orders, preliminary injunctions, injunctions, writs of mandamus and prohibition, and other appropriate remedies at law.

§ -75 Limitation on rulemaking. Notwithstanding any law to the contrary, it shall be unlawful for any rule, ordinance, or policy to require the licensing of cats, the confinement of cats, limit the number of animals a household can own or care for, prohibit or require permits for the feeding of stray domestic animals, or prohibit the adoption of specific breeds of dogs.

Nothing in this section shall be construed to limit the enforcement of a law having as its effect the prevention or punishment of animal neglect or cruelty, so long as the enforcement is based on the conditions of animals or the environment, and not based on the mere fact that a household has a certain number of animals, a person is feeding stray domestic animals, or that a dog is of a particular breed."

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. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	233
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII