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Hawaii - New Breeder Restriction Bill Proposed and Scheduled for Hearing TODAY

(Wednesday, March 28, 2012)

AKC has just learned that a new bill, House Bill 108 H.D.1 S.D.1 (Proposed) is scheduled to be heard by the Hawaii Senate Committee on Judiciary and Labor today, Wednesday, March 28. This bill was originally introduced in 2011 as a dog fighting bill. It has been amended to include the provisions found in problematic breeder bill SB2494 and the amended version of SB2504. This bill may move very quickly.

HB108 H.D.1 S.D.1 (Proposed) would establish requirements that are detrimental to the responsible keeping and welfare of dogs. It would also require owners of ten or more intact dogs to pay a $500 biennial license fee, allow unannounced inspections of their private homes, limit their ability to make decisions about breeding their animals, and prohibit ownership of more than 30 intact dogs. The bill further provides that anyone operating without a license, or licensees in violation of any of the care or recordkeeping requirements, may be charged fines of up to $1000 for each offense.

It is important that responsible dog owners contact committee members immediately to ask them to oppose this burdensome and ineffective legislation.

Senate Committee on Judiciary and Labor Hearing
Date: Wednesday, March 28, 2012
Time: 10:30
Location: Conference Room 016, State Capitol, 415 South Beretania Street, Honolulu, HI 96813

Problematic provisions of HB108 include:

  • Defines anyone who owns or controls ten or more intact dogs over the age of four months as a “dog breeder,” regardless of the number of litters or dogs produced and sold. An owner or keeper of ten intact dogs who does not produce or sell a single puppy would be defined as a dog breeder and subject to the provisions of the bill.
  • Allows seizure and impoundment of dogs based on infractions that are unrelated to the humane care of dogs.
  • Requires “dog breeders” to pay a $500 biennial license fee. (It also allows counties to set their own fees which could be higher.)
  • Requires individuals deemed to be “dog breeders” to allow unannounced inspections of their premises.
  • Prohibits the ownership of more than 30 intact dogs over the age of one year.
  • Requires dogs to be provided constant and unfettered access to indoor enclosures, and effectively prohibits the use of crates for training and temporary confinement.
  • Requires dogs be provided with “regular exercise” defined as constant and unfettered access to an indoor or outdoor exercise area of a specified size. It may not be advisable or safe for dogs to be allowed unfettered access to the outdoors given weather conditions or possible predators. Likewise, because many owners keep their dogs in their homes, many of those designated as dog breeders by this legislation will be unable to provide a sufficient indoor area. This requirement is overly burdensome and does not serve to improve the welfare of dogs.
  • Prohibits the stacking of indoor enclosures or placing an enclosure more than 42 inches off the floor.
  • Requires minimum enclosure sizes and a provision that there be at least twelve inches of headroom above the head of the tallest dog when it is in a regular standing position.
  • Prohibits the breeding of any dog determined by a veterinarian to be “unfit for breeding purposes.” (This term is not defined, so it is unknown which conditions may render any animal unfit or on what criteria a veterinarian will base their examination.)
  • Prohibits the breeding of a dog or bitch older than eight years of age.
  • Prohibits microchipping of dogs aged four months or less.

What You Can Do

  • Indicate your opposition online by clicking here. Type HB108 in the box under “Enter a measure to retrieve the corresponding hearing notice” and follow the instructions. You may also submit comments (referred to as “testimony”) via the online form.
  • Immediately contact the members of the Senate Committee on Judiciary and Labor and ask them to not approve HB108.
  • Attend the hearing and speak in opposition to HB108.

Senate Committee on Judiciary and Labor

Chair, Senator Clayton Hee
Phone: (808) 586-7330
Fax: (808) 586-7334
Email: senhee@Capitol.hawaii.gov

Vice-Chair, Senator Maile Shimabukuro
Phone: (808) 586-7793
Fax: (808) 586-7797
Email: senshimabukuro@Capitol.hawaii.gov

Senator Mike Gabbard
Phone: (808) 586-6830
Fax: (808) 586-6679
Email: sengabbard@Capitol.hawaii.gov

Senator Les Ihara, Jr.
Phone: (808) 586-6250
Fax: (808) 586-6251
Email: senihara@Capitol.hawaii.gov

Senator Samuel Slom
Phone: (808) 586-8420
Fax: (808) 586-8426
Email: senslom@Capitol.hawaii.gov