Bill Text: HI HB185 | 2018 | Regular Session | Amended

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Bill Title: Relating To Animals.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB185 Detail]

Download: Hawaii-2018-HB185-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	185
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ANIMALS.

 

 

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

 

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to title 25 to be appropriately designated and to read as follows:

"Chapter

                         DOG BREEDERS

     §   -1  Definitions.  As used in this chapter:

     "Department" means the department of commerce and consumer affairs.

     "Director" means the director of commerce and consumer affairs.

     "Dog" means any animal that is wholly or in part of the species canis familiaris.

     "Dog breeder" means a person who:

     (1)  For compensation or profit, sells or offers for sale, exchange, gift, transfer, or lease, via any means of communication including the Internet, newspaper, or telephone, twenty-five or more of the offspring of breeding female dogs in any one-year period and is engaged in the business of breeding intact female dogs;

     (2)  Owns or harbors twenty or more intact female dogs over six months of age that are intended for breeding; or

     (3)  Owns or harbors a total of thirty intact dogs over the age of six months that are intended for breeding on the premises.

     "License" means a dog breeder license issued under this chapter.

     "Licensee" means a person licensed under this chapter.

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

     §   -2  License required.  No person shall operate as a dog breeder unless the person obtains a valid license as a dog breeder.

     §   -3  License requirements; fees; renewal; premises available for inspection.  (a)  An applicant for a dog breeder license shall submit an application to the department on a form prescribed by the director, together with the annual license fee as established by a fee schedule adopted by the director pursuant to chapter 91.  Upon receipt of the application and annual license fee and upon satisfactory completion of a license-qualifying inspection under section   ‑4, the department shall issue a license.  A license shall not be transferable to another person or location.

     (b)  An application for license renewal shall be submitted on or before December 31 of each year on a form prescribed by the director, together with the annual license renewal fee, as established by a fee schedule adopted by the director pursuant to chapter 91.

     (c)  A licensee shall make its premises available for unannounced inspection by the director or any enforcement officer employed by the department during regular business hours.

     §   -4  Inspections; investigations; access.  (a)  The director may undertake any investigation necessary to ensure compliance with this chapter, including a license-qualifying inspection.  At any time during regular business hours, the director or any enforcement officer employed by the department shall have free and unimpeded access for the purpose of carrying out any provision of this chapter or any rule adopted pursuant to this chapter to those portions of all buildings, yards, pens, and other areas in which any dogs are kept, handled, or transported.

     (b)  After the denial, suspension, or revocation of a license, the director shall have free and unimpeded access to the premises and other areas in which dogs are suspected of being kept, handled, or transported without the valid license and to all records that are reasonably necessary to verify that the operation of a dog breeder has ceased.

     (c)  The director shall have authority to administer oaths and take statements, issue subpoenas requiring the attendance of witnesses, and require the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by a witness of all facts known to the witness relative to any matters under investigation.  Upon the failure or refusal of any witness to obey a subpoena issued by the director, the attorney general may petition the district court and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence.  Failure to obey an order of the court shall be punishable as contempt of court.

     §   -5  Enforcement.  (a)  The director or the director's designee shall enforce the provisions of this chapter.  Whenever the director has reasonable cause to believe that a violation of any provision of this chapter or any rule adopted or order issued pursuant to this chapter has occurred and immediate enforcement is deemed necessary, the director may issue a cease-and-desist order, requiring any person to cease violating any provision of this chapter or any rule adopted or order issued pursuant to this chapter.  A cease‑and-desist order issued pursuant to this subsection shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unlawful actions cease.  At any time after service of the cease-and-desist order, the person subject to the order may request a prompt hearing to determine whether or not a violation has occurred.

     (b)  If any person fails to comply with a cease-and-desist order within twenty-four hours, the director may bring a suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of this chapter.

     (c)  No stay of a cease-and-desist order shall be issued without a hearing on the order involving both parties.

     (d)  Whenever the director possesses sufficient evidence to indicate that a person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule adopted or order issued pursuant to this chapter, the director may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this chapter or any rule or order issued pursuant to this chapter.  In an action pursuant to this subsection, the director shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law.  Under no circumstances shall the court require the director to post a bond.

     §   -6  Rules.  The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.

     §   -7  Civil penalties.  (a)  Any person who operates as a dog breeder without a license shall be subject to a civil penalty of up to $1,000; provided that each day of a violation shall be considered a separate offense.

     (b)  No civil penalty shall be imposed unless the person charged is given notice and an opportunity for a hearing.

     (c)  If the director is unable to collect a civil penalty or if any person fails to pay all or a set portion of the civil penalty imposed by the director, the director may:

     (1)  Bring suit to recover the amount of the civil penalty plus costs and attorney fees by action in any court of competent jurisdiction; and

     (2)  Refuse to renew the person's license.

     §   -8  Criminal penalties.  In addition to the civil penalties provided under section    -7, any person who operates as a dog breeder without a license shall be guilty of a misdemeanor.

     §   -9  Prohibited acts.  (a)  Unless otherwise authorized by law, it shall be a violation of this chapter for any person or entity:

     (1)  To perform any of the acts of a dog breeder for which licensure is required without possessing a valid license;

     (2)  To solicit, advertise, or offer to perform any of the acts for which licensure as a dog breeder is required without possessing a valid license;

     (3)  To refuse to comply with a cease-and-desist order issued pursuant to section    -5;

     (4)  To refuse or fail to comply with the provisions of this chapter;

     (5)  To make a material misstatement in a license application, a license renewal application, or to the department during an official investigation;

     (6)  To impersonate any state or county official or inspector;

     (7)  To refuse or fail to comply with any rules adopted by the director pursuant to this chapter or any lawful order issued by the director;

     (8)  To aid or abet another in any violation of this chapter or any rule adopted by the department pursuant to this chapter; or

     (9)  To alter or falsify a certificate of veterinary inspection or any other certificate of veterinary health.

     (b)  It shall be a violation of this chapter for any dog breeder:

     (1)  To refuse to permit entry or inspection in accordance with section    -4;

     (2)  To allow a license issued pursuant to this chapter to be used by an unlicensed person;

     (3)  To make any misrepresentation or false promise through advertisements, employees, agents, or otherwise in connection with the business operations licensed pursuant to this chapter or for which an application for a license is pending;

     (4)  To fail to take reasonable care to release for sale, trade, or adoption only those dogs that are free of undisclosed disease, injury, or abnormality; or

     (5)  To own or harbor more than fifty intact dogs on a premises subject to this chapter.

     (c)  Any person who violates this section shall be subject to a fine of $2,000 per dog."

     SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§711-    Penalties.  (1)  In addition to any other penalty imposed by law, a person convicted of a misdemeanor offense as described in sections 711-1109, 711-1109.37, 711-1109.5, or    -8, shall not own, possess, reside with, have custody of, or contact with any animal for a period of five years for conviction of a first offense and for a period of fifteen years for a second or subsequent conviction of any offense listed in this subsection.

     (2)  In addition to any other penalty imposed by law, a person convicted of a felony offense as described in sections 711-1109(4), 711-1109.3, 711-1109.35, or 711-1109.4, shall not own, possess, reside with, have custody of, or contact with any animal for a period of fifteen years for a first offense, and for the lifetime of the offender for the second offense.

     (3)  Periodic checks, during reasonable times and at reasonable frequencies, of the person and property owned, leased, rented, used, or possessed by the person, may be executed by an agent of any duly authorized animal care organization, police department, or other agency, without the necessity of a search warrant or probable cause, to assure compliance with this section.

     (4)  A violation of this section is a misdemeanor punishable by a fine not exceeding $         and forfeiture of the offender’s interest in the animal."

     SECTION 3.  Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

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

     SECTION 4.  Section 711-1108.5, Hawaii Revised Statutes, is amended to read as follows:

     "§711-1108.5  Cruelty to animals in the first degree.  (1)  A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly:

     (a)  Tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal [or], equine animal, or federal or state threatened or endangered animal [resulting in] thereby causing serious bodily injury to or death of the pet animal, [or] equine animal[;], or federal or state threatened or endangered animal; or

     (b)  Kills or attempts to kill any pet or equine animal belonging to another person, without first obtaining legal authority or the consent of the pet or equine animal's owner.

     (2)  Subsection (1)(a) shall not apply to:

     (a)  Accepted veterinary practices;

     (b)  Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or

     (c)  Cropping or docking as customarily practiced.

     (3)  Subsection (1)(b) shall not apply to:

     (a)  Humane euthanasia of any animal by an animal control officer, duly incorporated humane society, duly incorporated society for the prevention of cruelty to animals, or duly authorized governmental agency in accordance with American Veterinary Medical Association accepted standards; or

     (b)  Conduct which the actor believes to be necessary to avoid an imminent harm or evil to the actor, another person, or an animal; provided that the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by this section and is justifiable as provided in section 703-302 for choice of evils; provided further that, for purposes of this paragraph, as the justification described in section 703‑302 shall also apply to conduct which the actor believes to be necessary to avoid an imminent harm or evil to an animal.

     (4)  Whenever any animal, pet animal, or equine animal is so severely injured that there is no reasonable probability that its life can be saved, the animal may be immediately [destroyed] humanely euthanized without creating any offense under this section.

     (5)  Cruelty to animals in the first degree is a class C felony.  In addition to any fines and imprisonment imposed under this section, any person convicted under this section shall be prohibited from possessing or owning any animal, pet animal, or equine animal for a minimum of five years from the date of conviction.

     [[(6)]  For the purposes of this section, "person" means any individual; any firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate; or any other legal entity.]"

     SECTION 5.  Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

     "§711-1109  Cruelty to animals in the second degree.  (1)  A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:

     (a)  Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;

     (b)  Deprives [a pet] an animal of necessary sustenance or causes such deprivation;

     (c)  Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations;

     (d)  Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock, or other animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;

     (e)  Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;

     (f)  Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;

     (g)  Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object by means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using such restraints when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity; or

     (h)  Assists another in the commission of any act specified in subsections (1)(a) through (1)(g).

     (2)  Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to:

     (a)  Accepted veterinary practices;

     (b)  Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or

     (c)  Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract.

     (3)  Whenever any animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately [destroyed] humanely euthanized without creating any offense under this section.

     (4)  Cruelty to animals in the second degree is a misdemeanor, except it is a class C felony where [the]:

     (a)  The offense involves ten or more [pet] animals in any one instance [which is a class C felony.]; or

     (b)  The offense is knowingly committed in the immediate presence of a minor who is younger than fourteen years of age and the minor can see or otherwise directly perceive in any other manner the offense."

     SECTION 6.  Section 711-1109.7, Hawaii Revised Statutes, is amended to read as follows:

     "§711-1109.7  [Pet animal or equine animal desertion.] Animal abandonment.  (a)  It shall be unlawful for [the owner or any person in possession of any pet animal or equine animal to desert the pet animal or equine animal.] a person to intentionally, knowingly, recklessly, or negligently leave an animal at a location without providing for the animal's continued care.

     (b)  Any person who violates subsection (a) shall be guilty of a petty misdemeanor and subject to a fine not exceeding $1,000 in addition to any other penalties.

     (c)  Any person who violates subsection (a) and recklessly causes the death of or substantial bodily injury to the [pet animal or equine] animal shall be guilty of a misdemeanor and subject to a fine not exceeding $2,000 in addition to any other penalties.

     (d)  Each [pet animal or equine] animal that is [deserted] abandoned in violation of subsection (a) or suffers death or substantial bodily injury as a result of a violation of subsection (a) shall constitute a separate offense.

     (e)  [For the purposes of this section, "desert" means to leave without the intent to return.] It is no defense to the offense of animal abandonment that the person abandoned the animal at or near an animal shelter, veterinary clinic, or other place of shelter without an arrangement for the reasonable care of the animal."

     SECTION 7.  Section 143-2.6, Hawaii Revised Statutes, is repealed.

     ["[§143-2.6]  Animal desertion.  It shall be unlawful for the owner of any animal or any person in possession of an animal that belongs to another person to leave the animal without the intention of returning to it.

     Any person who violates this section shall be guilty of a petty misdemeanor."]

     SECTION 8.  Sections 2, 3, 4, 5, 6, and 7 of this Act do not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 31, 2150, provided that licenses established by section 1 shall be issued after December 31, 2017.

 

Report Title:

Animal Welfare; Cruelty to Animals; Animal Abandonment

 

Description:

Establishes licensing requirement for dog breeders and clarifies and strengthens laws pertaining to abandonment of or cruelty to animals.  (HB185 HD1)

 

 

 

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