SB802.DOC

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

"CHAPTER

REGULATION OF ANIMAL RESCUE ENTITIES

§ -1 Definitions. As used in this chapter:

"Animal" means any nonhuman mammal, bird, reptile, amphibian, or fish.

"Animal rescue entity" means an individual or organization, including but not limited to an animal control agency, humane society, animal shelter, animal sanctuary, or boarding kennel, but excluding a veterinary facility, that keeps, houses, and maintains in its custody on site or elsewhere ten or more animals and that solicits or accepts donations in any form.

"Enforcing agency" means the agency designated as the enforcing agency by the county.

§ -2 License required. (a) An animal rescue entity shall obtain a license issued by the enforcing agency in accordance with this section and comply with the following licensing requirements:

(1) Any rules or ordinances adopted by the enforcing agency;

(2) Payment of a reasonable fee, as determined by the enforcing agency, for a license or an annual renewal of the license to provide for the actual cost of enforcing this section; and

(3) Payment of the license fee to the director of finance of the county in which the entity operates.

(b) Each county council shall have the power to set standards for animal rescue entity licenses. An applicant for an animal rescue entity license shall demonstrate that the applicant complies with all standards imposed under applicable law.

(c) The enforcing agency shall not issue or renew a license under this section unless the animal rescue agency is in compliance with the requirements of this chapter.

(d) An animal rescue entity may transfer a license issued under this section to another individual or organization with the written consent of the enforcing agency; provided that the transferee otherwise qualifies to be licensed as an animal rescue entity under this section and rules applicable to the transferee and does not have a certified unpaid debt to the State. The transferee shall submit a signed release to the enforcing agency permitting the performance of a background investigation of the transferee, and the enforcing agency shall conduct the background investigation.

§ -3 Recordkeeping; requirements. (a) An animal rescue entity shall keep a record for each animal in its custody that contains the following information:

(1) The conditions under which the entity came into custody of the animal, including date of intake and source of the animal;

(2) The date of birth of the animal or, if the date of birth is unknown, the approximate age of the animal;

(3) The sex, breed type, and weight of the animal at intake;

(4) A photograph of the animal taken within twenty-four hours of intake;

(5) The number of offspring the animal produced while in the possession or control of the entity, if applicable; and

(6) The disposition the entity makes of each animal possessed by, controlled by, or in the charge of the entity, including date and manner of disposition, and the name and address for any individual or organization taking possession, control, or charge of an animal from the entity.

(b) Records kept in accordance with subsection (a) shall be kept by the animal rescue entity for three years from the date of disposition of each animal in its custody.

(c) An animal rescue entity shall permit an authorized representative of the enforcing agency to inspect records of the entity required by this section and shall furnish reports and information as requested by the enforcing agency.

§ -4 Inspection. (a) Whenever an authorized representative of an enforcing agency is advised or has reason to believe that an animal rescue entity is operating without a license, the representative may visit and conduct an on-site investigation of the premises of the animal rescue entity.

(b) At any reasonable time, an authorized representative of an enforcing agency may conduct an on-site investigation of the premises of any licensed animal rescue entity to determine whether the entity is in compliance with the requirements of this chapter.

§ -5 Penalty. (a) A violation of this chapter by an animal rescue entity may result in imposition of civil penalties to be determined by the enforcing agency, including but not limited to the impoundment of all animals under the entity's control, the revocation of the entity's license to operate as an animal rescue entity, and civil penalty of not more than $500 per violation.

(b) Before a civil penalty may be imposed under this section, the enforcing agency shall adopt rules or ordinances to:

(1) Ensure that an individual or organization who is the subject of an alleged violation receives notice of the allegations and potential imposition of civil penalties;

(2) Allow the opportunity for a hearing prior to the imposition of civil penalties; and

(3) Allow the opportunity for judicial review of the imposition of civil penalties.

§ -6 Disposition of fees and penalties. All moneys received by the director of finance under this chapter shall be paid into the general fund of the respective county and shall be used for enforcing agency operations taken pursuant to this chapter and applicable ordinances."

SECTION 2. This Act shall take effect on July 1, 2017.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	802
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII