HOUSE OF REPRESENTATIVES

H.B. NO.

1192

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

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 the criteria and procedures in the appropriate county ordinances; provided that where a county has any 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 the litter.

     (c)  Each county animal control officer or appropriate county animal control agency, at least twice each year, shall inspect each premises 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 need not be given to the breeder prior to inspection.

     (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)  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.

     (g)  Any person violating any provision of this section shall be subject to 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.

 

INTRODUCED BY:

_____________________________


 


 

Report Title:

Dog Breeders; Permits

 

Description:

Requires county animal control officers to establish permitting process for breeders.

 

 

 

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