Bill Text: HI HB821 | 2023 | Regular Session | Introduced


Bill Title: Relating To The Sale Of Animals.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2023-01-30 - Referred to JHA, referral sheet 3 [HB821 Detail]

Download: Hawaii-2023-HB821-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

821

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the sale of ANIMALS.

 

 

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

 


     SECTION 1.  Chapter 142, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§142-     Sale of dogs, cats, and rabbits; prohibited.  (a)  No pet dealer or retail pet store in the State shall sell, offer to sell, lease, offer to lease, barter, auction, or otherwise transfer ownership of any dog, cat, or rabbit.

     (b)  This section shall not be construed to prohibit a pet dealer or retail pet store from collaborating with the following entities to provide space to showcase dogs, cats, or rabbits owned by these entities for the purpose of adoption:

     (1)  Any duly incorporated society for the prevention of cruelty to animals;

     (2)  Any duly incorporated humane society;

     (3)  Any duly incorporated animal protective association; or

     (4)  Any other duly incorporated animal adoption or animal rescue organization,

that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code; provided that the entities identified in paragraphs (1) to (4) are not affiliated with or located on the premises of a breeder or pet dealer; do not obtain dogs, cats, or rabbits from a breeder or pet dealer in exchange for payment or any form of compensation; and do not resell dogs, cats, or rabbits obtained from a breeder or pet dealer or provide payment or compensation to such breeder or pet dealer.

     (c)  As used in this section:

     "Animal" includes a dog, cat, or rabbit.

     "Breeder" means any person who breeds and sells or offers for sale twenty-five or more animals per year for profit.

     "Pet dealer" means any person who, in the ordinary course of business, sells or offers for sale more than nine animals per year for profit to the public.  "Pet dealer" includes a breeder but does not include a retail pet store.

     "Retail pet store" means any for-profit place of business that sells or offers for sale animals to be kept as household pets, pet food, or pet supplies.  "Retail pet store" does not include breeders who sell or offer to sell directly to the public animals that are born and raised on the breeder's residential premises.

     "Residential premises" includes a person's entire residential property, including a dwelling, garage, yard, garden, and kennel."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on January 1, 2024.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Sale of Dogs, Cats, and Rabbits; Prohibited; Pet Dealers; Retail Pet Stores

 

Description:

Prohibits pet dealers and retail pet stores in the State from selling, offering to sell, leasing, offering to lease, bartering, auctioning, or otherwise transferring ownership of any dog, cat, or rabbit.  Effective 1/1/2024.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

feedback