Bill Text: HI SB2274 | 2012 | Regular Session | Introduced
Bill Title: Dog Breeders; Permits; Humane Society
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2012-01-30 - (S) Re-Referred to PGM/JDL, WAM. [SB2274 Detail]
Download: Hawaii-2012-SB2274-Introduced.html
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THE SENATE |
S.B. NO. |
2274 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to dog breeders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 143, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§143- Breeding permits. (a) Each county animal control officer or appropriate county animal control agency shall administer a permit program to allow the breeding of dogs consistent with appropriate state law and county ordinances; provided that where a county has an ordinance specifically prohibiting the breeding of dogs, the county's ordinance shall govern with respect to that provision only.
(b) No dog breeder shall cause or allow the breeding of a female dog 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. A breeding permit shall require the breeder to provide the appropriate county animal control officer or agency with documents that indicate the number of live births and the number of males and females in each litter.
(c) Each county animal control officer or appropriate county animal control agency, at least twice each year, shall inspect each premise for which a breeding permit has been issued. A breeder's acceptance of a permit shall be deemed to be consent to the entry and inspection of the premises by the animal control officer or agency, as long as the inspection is conducted at a reasonable time and the owner, or owner's representative, is present during the inspection. Notice to the breeder prior to inspection shall not be required.
(d) Each county animal control officer or appropriate county animal control agency may assess a fee to the breeder for each inspection, so long as the fee is reflected in a fee schedule made available to the public. Any outstanding balances for inspection fees shall be paid prior to the renewal of the breeder's permit.
(e) Any breeder's refusal of entry and inspection shall be grounds for suspension or revocation of the breeder's permit.
(f) Each county animal control officer or appropriate county animal control agency may contract with any duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals, or similar dog protective organization, to enforce this section and any rules adopted pursuant to this section.
(g) For purposes of this section:
"Dog breeder" or "breeder" means a person, firm, partnership, corporation, pet store, or other association that has sold, whelped, transferred, or given away all or part of ten or more litters or thirty or more dogs during the preceding twelve months. Sales include retail as well as internet sales.
"Pet store" means any establishment or market place where animals are bought, sold, exchanged, or offered for sale to the general public with the intent of making a profit. This term includes the keeping for transfer or the transfer of animals at temporary facilities, such as flea markets, mobile facilities, department stores, merchandise outlets, discount outlets, animal shows conducting a sale, and other types of retail outlets where animals are intended as companions or household animals.
(h) Any person violating this section shall be subject to a civil penalty of up to $1,000 per violation."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Dog Breeders; Permits; Humane Society
Description:
Requires county animal control officers to establish a process for permitting and inspecting the premises of dog breeders. Authorizes contracts with any duly incorporated humane society or similar dog protective organization to enforce the new requirements.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
