HOUSE OF REPRESENTATIVES

H.B. NO.

243

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ANIMAL CRUELTY.

 

 

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

 


SECTION 1. The legislature finds that the population of feral cats is increasing across the State despite various efforts to control the growth of feral cats. The legislature further finds that the uncontrolled propagation of unsterilized cats leads to increases in the feral cat population as feral cats are the offspring of domestic unsterilized cats that have been abandoned by their owners or have become strays. An unsterilized female cat can give birth to two litters a year which means that within seven years a pair of breeding cats can lead to an increase of 400,000 in the population of cats. Feral cats form colonies and procreate to the extent of presenting a humane issue. Unneutered male cats fight over un-spayed female cats which often results in injuries. The increasing population creates a situation where competition among the population leads to the starvation and injury of the weakest members as well as the propagation of disease and mange. This situation constitutes a form of animal cruelty when uncontrolled and is exacerbated when abandoned or escaped pet cats continue to join the feral population and procreate.

The legislature further finds that there are currently more dogs in the State than there are humans willing to care for them and that the population of stray dogs is beset by many of the same issues affecting the feral cat population.

The purpose of this Act is to prohibit the retail sale of unsterilized cats and unsterilized dogs in order to mitigate the suffering of the feral cat and stray dog populations.

SECTION 2. 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 unsterilized dog in this State shall be prohibited. If a pet retailer gives an unsterilized cat or unsterilized dog to a purchaser of pet supplies or equipment from that pet retailer, free of charge, that act shall be considered a sale of an unsterilized cat or unsterilized dog for purposes of this subsection.

(b) As used in this section:

"Pet retailer" means any person, partnership entity, or corporation that sells pet animals, as that term is defined in section 711-1100, 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.

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

(c) Notwithstanding section 143-19, any pet retailer violating this section shall be subject to a fine of $1,000 per violation."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2012.

 



 

Report Title:

Animal Cruelty; Feral Cats; Stray Dogs; Unsterilized

 

Description:

Prohibits pet retailers from selling unsterilized cats and unsterilized dogs. Effective 1/1/2012. (SD1)

 

 

 

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