Report Title:

Dog and Cat Breeding and Selling

Description:

Requires all breeders of dogs and cats to obtain permits from the county prior to breeding, sets certain requirements for obtaining the permit, sets penalties for violations, and sets price ceilings for mixed-breed dogs and cats.

THE SENATE	S.B. NO.	1627
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO the BREEDING and selling of dogs and cats.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 143, Hawaii Revised Statutes, is amended by designating sections 143‑1 through 143‑19 as part I, entitled "Licensing and Regulation of Dogs", and adding a new part to be appropriately designated and to read as follows:

"Part II.  PERMITTING AND REGULATION OF DOG

AND CAT BREEDING and selling

§143‑    Breeding permits.  (a)  Each county animal control officer shall administer a permit program to allow the breeding of dogs and cats consistent with the criteria and procedures in the appropriate county ordinances; provided that where a county has any ordinance specifically prohibiting the breeding of dogs or cats, the county's ordinance shall govern with respect to that provision only.

     (b)  No person shall cause or allow the breeding of a male or female dog or cat 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 for a fee of $100 per dog or cat.  A breeding permit shall:

     (1)  Require a breeder to provide official registration documents for the dogs or cats to be bred, which documents shall indicate that both the male and female dogs to be bred, or male and female cats to be bred, shall have been registered to the same club; and

     (2)  Require importers of dogs or cats to provide official registration documents for any dog or cat imported into the State.

     (c)  Upon a successful breeding, a breeder shall provide the appropriate county animal control officer or agency with official registration documents for the litter.  The litter registration shall indicate the number of live births and the number of males and females in the litter.  If the breeder sells any of the dogs or cats in that litter, the breeder shall:

     (1)  Have microchips inserted into each dog or cat in the litter prior to the dog or cat being sold or before the dog or cat reaches four months of age, whichever is sooner; and

     (2)  Prior to the sale, be responsible for licensing the dog or cat pursuant to part I.

§143‑    Sale of mixed-breed dogs and cats; price ceiling.  A dog or cat that is of mixed breeds or does not have official papers proving that it is purebred, shall be sold for an amount no greater than $500.

§143‑    Any person who violates any section of this part shall be fined $1,000 for the first violation and an additional $500 for each successive violation."

     SECTION 2.  Section 143-2.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§143-2.5[]]  Regulation of other animals.  Nothing in this chapter shall be construed as a limitation on the authority of the counties to regulate, including by licensure, animals other than dogs[.] and cats."

     SECTION 3.  Section 143-19, Hawaii Revised Statutes, is amended to read as follows:

"§143-19  Penalty.  Any person violating any of the provisions of this [chapter] part for which no special penalty is provided shall be fined not more than $50."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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