Honolulu, Hawaii



RE:    S.B. No. 1522

       S.D. 2




Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii




     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1522, S.D. 1, entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to establish licensure and regulatory requirements for large-scale dog breeding operations.


     Your Committee received testimony in support of this measure from The Humane Society of the United States, West Hawaii Humane Society, Boxer Club of Hawaii, The Oahu Society for the Prevention of Cruelty to Animals, the Hawaiian Kennel Club, and numerous individuals.  Your Committee received testimony in opposition to this measure from the American Kennel Club and four individuals.  Your Committee received comments on this measure from the Professional and Vocational Licensing Division of the Department of Commerce and Consumer Affairs.


     Your Committee finds that dog breeding is currently unregulated in Hawaii.  Further, while animal cruelty laws do exist, they are insufficient to allow for effective enforcement, particularly since current law does not allow entry onto property for investigation of suspected violations.  Your Committee finds that unscrupulous breeding programs not only harm breeding animals that are kept under inhumane conditions, but also produce puppies that are sold to unsuspecting consumers despite their unsuitability as pets due to health problems.


     Your Committee recognizes that, since dog breeding is currently an unregulated industry, any measure to create a regulatory system for this activity is subject to a sunrise review by the State Auditor pursuant to section 26H-6, Hawaii Revised Statutes.  Your Committee is mindful of this requirement, but nevertheless urges thoughtful consideration of this measure in order to present the Auditor with the opportunity for meaningful review of this important issue.  Your Committee further recognizes that proponents of this measure have cited the law of the State of Wisconsin as a useful model for Hawaii to follow in regulating dog breeders.  Your Committee respectfully requests that a sunrise review based on this measure also include consideration of the Wisconsin law and its potential applicability to Hawaii.


     Your Committee has amended this measure by:


     (1)  Including "adequate rest between breeding cycles" among the requirements for humane breeding and defining that term;


     (2)  Deleting language that would have authorized the Director of Commerce and Consumer Affairs to determine the specific amount of the civil penalty imposed upon a person who operates as a large-scale breeder without a license; and


     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.


     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1522, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1522, S.D. 2.


Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,