Bill Text: HI SB2200 | 2012 | Regular Session | Introduced

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Bill Title: Puppy Mills; Animal Cruelty

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - (S) The committee(s) on CPN deleted the measure from the public hearing scheduled on 02-09-12 9:00AM in conference room 229. [SB2200 Detail]

Download: Hawaii-2012-SB2200-Introduced.html

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THE SENATE	S.B. NO.	2200
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to puppy mills.

 

 

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

 

     SECTION 1.  The legislature finds that the large-scale breeding of dogs at puppy mills may be done under cruel and inhumane conditions that may inflict long-term suffering for a dog bred at the puppy mill, or result in pet consumers unknowingly acquiring an unhealthy pet dog from a puppy mill.  Existing laws do not sufficiently protect dogs bred at large-scale puppy mill operations or help prevent pet consumers from acquiring an unhealthy puppy from a puppy mill.

     The purpose of this Act is to:

     (1)  Require dog breeders of ten or more female dogs used for breeding to meet minimum care requirements to ensure the proper treatment and care of dogs and their offspring;

     (2)  Prohibit dog breeders from owning or having custody of fifty or more dogs used for the purposes of breeding and sale of the dog's offspring; and

     (3)  Require pet sellers to provide specific written documentation regarding each dog sold in order to protect pet consumers.

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

"CHAPTER

PUPPY MILL CRUELTY PREVENTION ACT

     §   -1  Definitions.  As used in this chapter unless the context otherwise requires:

     "Adequate grooming" means basic grooming sufficient to prevent excessive curling of nails or excessive matting of the dog's fur.

     "Adequate rest between breeding cycles" means the period of time in which reproductively intact female covered dogs are not bred to produce, at minimum, more than two litters in any eighteen-month period.

     "Covered dog" means any animal that is wholly or in part of the species Canis lupus familiaris over the age of six months with intact sexual organs.

     "Necessary veterinary care" means care by a veterinarian licensed under chapter 471 for:

     (1)  An examination performed at least once a year;

     (2)  Prompt treatment of any illness or injury; and

     (3)  Humane euthanasia using techniques approved by the American Veterinary Medical Association when the veterinarian determines euthanasia is necessary.

     "Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.

     "Pet" means any domesticated dog normally maintained in or near the household of the owner.

     "Pet seller" means any person who sells pets to the public or to a retail pet store, or who maintains custody or ownership of more than ten reproductively intact female covered dogs for the purpose of breeding and selling their offspring as pets; provided that "pet seller" shall not apply to humane societies, or animal control, rescue, or care organizations exempt under title 26 United States Code section 501(c)(3).

     "Puppy mill" means a person or entity who maintains custody or ownership of more than ten reproductively intact female covered dogs for the purpose of breeding and selling the dog's offspring as pets.

     "Regular exercise" means unfettered access to an outdoor exercise area that is composed of a solid, ground-level surface with adequate drainage that provides:

     (1)  Adequate protection from the sun, wind, and rain; and

     (2)  At least twice the square footage of indoor floor space for each covered dog.

     "Retail pet store" means a retail establishment engaged in the business of buying, selling, exchanging, or offering pets to the public, but does not engage in the breeding of covered dogs for the purpose of selling any offspring as pets.

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

     "Sufficient housing or shelter" means constant and unfettered access to an indoor enclosure that:

     (1)  Has a solid floor;

     (2)  Is not stacked or otherwise placed on top of or below another covered dog's enclosure;

     (3)  Is cleaned at least once a day of waste while the covered dog is outside of the enclosure; and

     (4)  Has a temperature between forty-five and eighty-five degrees Fahrenheit.

     "Sufficient space for movement" means space for a covered dog to turn and stretch freely, lie down, and fully extend limbs that includes the following:

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

     (2)  Sufficient indoor space for each covered dog to lie down and fully extend limbs and stretch freely without touching the sides of the enclosure or another covered dog;

     (3)  At least one foot of headroom above the head of the tallest covered dog in the enclosure; and

     (4)  At least:

         (A)  Twelve square feet of indoor floor space for each covered dog up to twenty-five inches long;

         (B)  Twenty square feet of indoor floor space for each covered dog over twenty-five inches long and less than thirty-five inches long; or

         (C)  Thirty square feet of indoor floor space for each covered dog thirty-five inches or longer;

          provided that the length of the covered dog shall be measured from the tip of the nose to the base of the tail.

     §   -2  Minimum care requirements for ten or more covered dogs.  (a)  Notwithstanding any other law to the contrary, any person having custody or owning more than ten female covered dogs for the purpose of breeding and selling the dog's offspring as pets shall provide the following for each covered dog:

     (1)  Adequate grooming;

     (2)  Adequate rest between breeding cycles;

     (3)  Necessary veterinary care;

     (4)  Regular exercise;

     (5)  Sufficient food and clean water;

     (6)  Sufficient housing or shelter; and

     (7)  Sufficient space for movement.

     (b)  This section shall not apply to:

     (1)  A covered dog during the following:

         (A)  Examination, testing, operation, recuperation, or other individual treatment for veterinary purposes;

         (B)  Lawful scientific purposes;

         (C)  Transportation;

         (D)  Cleaning of the covered dog's enclosure;

         (E)  Supervised outdoor exercise; or

         (F)  Any emergency that places a covered dog's life in imminent danger;

     (2)  Any retail pet store; animal shelter or humane society; or hobby or show breeders who have custody of no more than ten female covered dogs for the purposes of breeding and selling the dog's offspring as pets; and

     (3)  A dog trainer who does not breed or sell dogs as pets.

     §   -3  Custody of more than fifty covered dogs prohibited.  (a)  It shall be unlawful for any person to have custody of more than fifty covered dogs for the purpose of breeding and selling the dog's offspring as pets.

     (b)  This section shall not apply to a person who owns or has custody of any number of covered dogs that are not used for the purpose of breeding and selling the dog's offspring as pets.

     §   -4  Pet sellers.  (a)  Upon sale or exchange of a pet, pet sellers shall deliver the following information:

     (1)  The name, address, and license information, if licensed by the United States Department of Agriculture, of the puppy mill;

     (2)  The date of the pet's birth, if known;

     (3)  The date the pet seller received the pet, if applicable;

     (4)  The breed, sex, color, and identifying marks of the pet; and

     (5)  The veterinarian information, including the following, if applicable:

         (A)  A record of each inoculation and worming treatment, if any, including the dates and types of treatments administered;

         (B)  A record of any veterinarian treatments or medications received while the pet was in the possession of the pet seller;

         (C)  A receipt or other documentation signed by a veterinarian licensed under chapter 471, indicating that the pet was spayed or neutered; and

         (D)  A document stating that the pet has no known diseases or illnesses; or describes any known diseases or illnesses of the pet or congenital or hereditary conditions that may adversely affect the health of the pet at the time of sale or exchange or is likely to adversely affect the health of the pet in the future.

     (b)  A pet seller shall attest to delivery of these documents by signing all applicable documents required under subsection (a) and retaining copies of all documents for a period of not less than two years after the sale or exchange of the pet.  The pet seller shall make all completed and signed documents available for inspection and copying upon request from a humane officer, animal control officer, or law enforcement officer.

     (c)  Any pet seller who knowingly or intentionally violates this section shall be guilty of a petty misdemeanor.

     §   -5  Penalties.  Any person who knowingly, intentionally, or recklessly violates section    -2 or section    -3 shall be guilty of committing puppy mill cruelty, which is a misdemeanor.  Each violation shall constitute a separate offense.  If the circumstances warrant a charge of cruelty to animals in the second degree prescribed under section 711-1109, the defendant may be charged with violating that section instead."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

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

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Puppy Mills; Animal Cruelty

 

Description:

Requires dog breeders of ten or more female dogs used for breeding to meet minimum care requirements to ensure the proper treatment and care of dogs and their offspring.  Prohibits dog breeders from owning or having custody of fifty or more dogs used for the purposes of breeding and sale of the dog's offspring.  Requires pet sellers to provide specific written documentation regarding each dog sold in order to protect pet consumers.

 

 

 

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