SB2494.DOC

PART I

SECTION 1. The legislature finds that there is a need to regulate dog breeding operations and facilities in order to protect the public as well as prevent any cruel treatment of the dogs. The purpose of regulation is to ensure that:

(1) All dogs that are handled by breeders are provided with humane care and treatment in their transport, sale, purchase, housing, care, handling, and treatment by persons or organizations engaged in breeding dogs;

(2) The public is protected from purchasing dogs that have been raised in an inhumane manner and may be unhealthy; and

(3) Each dog bred commercially is provided with basic food and water, adequate shelter from the elements, necessary veterinary care, adequate space, and regular exercise.

The purpose of this part is to require the licensing of breeders to provide every dog under their care with basic food and water, adequate shelter from the elements, necessary veterinarian care, adequate space, and regular exercise.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

DOG BREEDERS

§ -A Definitions. As used in this chapter, unless clearly indicated otherwise:

"Adequate rest between breeding cycles" means ensuring, at a minimum, that intact female dogs are not bred to produce more than two litters in any eighteen-month period.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Dog" means a domesticated animal of the species Canis lupus familiaris or a hybrid of Canis lupus familiaris and another species of the family Canis.

"Dog breeder" means a person who engages in dog breeding.

"Dog breeding" means the impregnation of a female dog for commercial purposes either by allowing the mating of a female dog and a male dog or by artificial insemination of a female dog. Dog breeding includes the provision of stud services.

"Necessary veterinary care" means, as applicable, an examination at least once yearly, prompt treatment of any illness or injury, or humane euthanasia by a veterinarian licensed under chapter 471 using lawful techniques deemed acceptable by the American Veterinary Medical Association.

"Person" means a natural or a legal person.

"Pet" means a dog normally maintained in or near the household of its owner for the purpose of companionship or for use as a service animal.

"Regular exercise" means constant and unfettered access to an outdoor exercise area that is composed of a solid, ground-level surface with adequate drainage; provides some protection against sun, wind, and rain; and provides each dog with at least twice the square footage of the indoor floor space provided to that dog.

"Service animal" shall have the same meaning as in section 515-3.

"Stud services" means the provision of a fertile male dog for the purpose of impregnating a female dog.

"Sufficient food and clean water" means access at least once a day to appropriate nutritious food sufficient to maintain good health and continuous access to potable water that is free of debris, feces, algae, and other contaminants.

"Sufficient housing, including protection from the elements" means constant and unfettered access to an indoor enclosure that has a solid floor and that is not stacked or otherwise placed on top of or below another animal's enclosure; is cleaned of waste at least once a day while the dog is outside the enclosure; and does not rise above eighty-five degrees Fahrenheit indoors.

"Sufficient space to turn and stretch freely, lie down, and fully extend its limbs" means having:

(1) Sufficient indoor space for each dog to turn in a complete circle without any impediment, including a tether;

(2) Enough indoor space for each dog to lie down and fully extend its limbs and stretch freely without touching the side of an enclosure or another dog;

(3) At least four to six inches of headroom above the head of the tallest dog in the enclosure; and

(4) Requires a plastic bottom or tray with no holes to cover the cage.

§ -B License required; exemption. (a) No person shall

(1) Engage in dog breeding;

(2) Present one's self as a dog breeder; or

(3) Offer or advertise the sale of dogs or of dog breeding services,

for commercial purposes without a license issued pursuant to this chapter.

(b) A license issued pursuant to this chapter shall be prominently displayed at each location where dog breeding occurs. The director shall allow the issuance of multiple copies of a license for any person who engages in dog breeding at more than one location.

(c) A license issued pursuant to this chapter shall be valid for one year from the date of issue and shall be subject to annual renewal according to a procedure determined by the director by rule adopted pursuant to chapter 91.

(d) This chapter shall not apply to persons who own and breed up to two dogs that are kept as pets, regardless of the disposition of the resulting offspring; provided that the offspring are not sold or offered for sale by the person more than once per year.

(e) A license issued pursuant to this chapter is non-transferrable.

§ -C Disqualification to hold license. No person shall be eligible to hold a license pursuant to this chapter if that person has ever been convicted of, pled guilty or nolo contendre to, or been granted a deferred acceptance of a guilty or nolo contendre plea for any criminal offense in any jurisdiction involving cruelty to animals, animal breeding, dog fighting, improper sale of animals, or any other relevant offense as determined by the director by rule.

§ -D Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall:

(1) Grant licenses to dog breeders pursuant to this chapter;

(2) Adopt, amend, or repeal rules pursuant to chapter 91 in order to carry out the purposes of this chapter;

(3) Suspend, revoke, condition, or take any other action authorized by this chapter or by rule against a licensee for noncompliance with the requirements of this chapter or rules enacted by the director;

(4) Conduct hearings pursuant to the requirements of chapter 91 for violations of this chapter or of rules adopted by the director;

(5) Contract with outside parties as necessary to carry out the enforcement functions of this chapter;

(6) Establish fees as necessary to carry out the purposes of this chapter;

(7) Establish penalties, including fines or forfeiture of dogs, for violations of this chapter; and

(8) Conduct criminal history record checks pursuant to section 846-2.7 for applicants for licensure and renewal of licensure under this chapter.

§ -E Rules; humane treatment. The director shall adopt rules pursuant to chapter 91 to require the humane treatment of animals by licensed dog breeders including provision of:

(1) Sufficient food and clean water;

(2) Necessary veterinary care;

(3) Sufficient housing, including protection from the elements;

(4) Sufficient space to turn and stretch freely, lie down, and fully extend its limbs;

(5) Regular exercise; and

(6) Adequate rest between breeding cycles.

§ -F Prohibited activities. It shall be a violation of this chapter for any person to:

(1) Engage in dog breeding without a valid license issued pursuant to this chapter;

(2) Possess any dogs that are used for dog breeding in violation of this chapter;

(3) Purchase, sell, or offer for sale any dogs that were bred in violation of this chapter;

(4) Refuse to allow the director or the director's designee entry to property for the purpose of enforcing this chapter;

(5) Engage in dog breeding in a manner that violates any applicable local, state, or federal law regarding animal cruelty, environmental protection, or public health;

(6) Fail to display a license as required by section ‑B(b); or

(7) Engage in any other conduct that violates this chapter.

§ -G Inspections; investigations; access. (a) The director may make any investigation necessary to ensure compliance with this chapter, including a license qualifying inspection. At any time during regular business hours, the director or any enforcement officer employed by the department shall have free and unimpeded access for the purpose of carrying out any provision of this chapter or any rule adopted pursuant to this chapter:

(1) To those portions of all buildings, yards, pens, and other areas in which any dogs are kept, handled, or transported; and

(2) To all records required to be kept, including copies of records.

(b) Upon the denial, suspension, or revocation of a license for a dog breeder, the director shall have free and unimpeded access to the premises and records that are reasonably necessary to verify that the operation of a dog breeding operation has ceased. The director shall have such access to those premises or portion of premises and other areas in which dogs are suspected of being kept, handled, or transported without the appropriate license.

(c) The director shall have authority to administer oaths and take statements, issue subpoenas requiring the attendance of witnesses, and require the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by a witness of all facts known to the witness relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the attorney general may petition the district court and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as contempt of court.

§ -H Enforcement. (a) The director, the director's designee, or an officer of a federal, state, or county law enforcement agency shall enforce the provisions of this chapter. Whenever the director has reasonable cause to believe that a violation of any provision of this chapter or any rule adopted pursuant to this chapter has occurred and immediate enforcement is deemed necessary, the director may issue a cease and desist order, which may require any person to cease violating any provision of this chapter or any rule adopted pursuant to this chapter. The cease and desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unlawful actions cease. At any time after service of the order to cease and desist, the person may request, at such person's discretion, a prompt hearing to determine whether or not a violation has occurred.

(b) If any person fails to comply with a cease-and-desist order within twenty-four hours, the director may bring a suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of this chapter.

(d) Whenever the director possesses sufficient evidence satisfactorily indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule adopted under this chapter, the director may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this chapter or any rule or order issued under this chapter. In any such action, the director shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the director to post a bond.

§ -I Civil penalties. a) Any person who operates as a dog breeder without being licensed under this chapter shall be subject to a civil penalty of up to $1,000, as determined by the director; provided that each day of a violation shall be considered a separate offense.

(b) No civil penalty shall be imposed unless the person charged is given notice and opportunity for a hearing.

(c) If the director is unable to collect a civil penalty or if any person fails to pay all or a set portion of the civil penalty imposed by the director, the director may:

(1) Bring suit to recover the amount of the civil penalty plus costs and attorney's fees by action in any court of competent jurisdiction; or

(2) Refuse to renew any license under this chapter.

§ -J Criminal penalties. In addition to the civil penalties under section -I, any person who operates as a dog breeder without being licensed under this chapter or who violates section -E, or both, shall be guilty of a misdemeanor."

PART II

SECTION 3. The purpose of this part is to prohibit the sale of unsterilized cats and unsterilized dogs to address the irresponsible and indiscriminate sale of dogs and cats.

SECTION 4. Chapter 143, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§143‑ Unsterilized cats and unsterilized dogs; sales prohibited. (a) The sale by any pet retailer of an unsterilized cat or an unsterilized dog after it is eight weeks old in this State shall be prohibited. If a pet retailer gives an eight-week old unsterilized cat or an unsterilized dog to a purchaser of pet supplies or equipment from that retailer, free of charge, that act shall be considered a sale of an unsterilized cat or unsterilized dog for purposes of this subsection.

(b) No person shall purchase a dog before it is eight weeks old, unless the purchaser obtains a dog breeding license pursuant to section -B.

"Pet retailer" means any person, partnership firm, or corporation that sells pet animals to customers through a store operation.

"Unsterilized cat" means a female cat that has not been spayed or a male cat that has not been neutered by a licensed veterinarian.

"Unsterilized dog" means a female dog that has not been spayed or a male dog that has not been neutered by a licensed veterinarian.

(d) Notwithstanding section 143-19, any person violating this section shall be subject to a special penalty of a fine of $1,000 per violation."

SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2494
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII