‘Puppy mill bill’ would impose harsher terms

A bill to regulate Hawaii’s commercial dog breeding industry is making its way though the state Legislature, along with several other bills that aim to curb animal cruelty in the isles.

Coined the "puppy mill bill," Senate Bill 414 and other measures introduced this session are in response to a Waimanalo dog-breeding facility, where dogs were found in poor condition in 2011.

In December, Circuit Judge Glenn Kim sentenced Waimanalo dog-breeding facility manager David Lee Becker to a six-month jail term for 153 counts of misdemeanor animal cruelty and imposed no fines or prohibitions. Becker was released shortly after for time served.

On Wednesday, the Senate Judiciary Committee moved a bill that would require judges to impose a mandatory minimum of one year in prison on defendants convicted of second-degree animal cruelty in cases that involve five or more pet animals in a single instance.

"I want the Senate to send a message to Judge Kim," Committee Chairman Clayton Hee said.

Honolulu Prosecutor Keith Kaneshiro said he supports the bill because Becker’s sentence was unacceptable.

"The fact that there’s multiple victims (means) there should be mandatory jail time," he said, adding that the prosecutor’s office asked for Becker to be sentenced to five years in prison for his crimes.

"The judge totally ignored that."

Timothy Ho, Hawaii’s chief deputy public defender, said the public defender’s office opposes the bill because sentencing should be left up to the judges.

"The one-year mandatory jail sentence for all cases — just because one case did not satisfy the public — should not be done," Ho said.

The city prosecutor’s office sponsored the commercial dog breeder bill as part of its legislative package.

"Given recent cases that have been brought to the department’s attention, it is clear that large-scale dog breeders do exist in Hawaii, though the exact number is difficult to determine under current laws," the prosecutor’s office stated in written testimony submitted to the Judiciary Committee.

Jennifer Han, policy advocate for the Hawaiian Humane Society, said it’s impossible to tell how many large-scale breeders would be affected because while counties require animal registration and restrict breeding activities based on land zoning, the state has no such laws.

"Currently, Hawaii has no regulation whatsoever," Han said. "It’s one of the only states that has no licensing, no regulation, nothing, so we don’t know because no one ever has to register."

Hee amended the bill to limit commercial dog ownership to 30 males or females at least 1 year old with intact sexual organs, in addition to other standards.

Concerned small-scale breeders testified before the committee that enacting a law to limit commercial dog ownership could lead to future restrictions that could hurt their operations.

Ho also spoke in opposition to SB 9, which would prohibit animal cruelty offenders from owning or residing with pets for a minimum of five years.

"Many families in Hawaii live in extended families," he said. "Let’s say one person of that family gets convicted of animal cruelty and is prohibited, shall be prohibited, from possessing, owning or residing with any pet animal. If there are other members of the family who have their own pet animals … the family then would have to have a choice of either removing all the other pet animals that this person resides with, or that person would have to move out of the house."

Humane Society of the United States Hawaii Director Inga Gibson said the situation is similar to if a person were convicted of domestic or child abuse.

"Rightfully that person would not be allowed to reside with children in the home regardless of whether it was the child that was involved in the act of violence or abuse," she said.

Gibson said 30 other states have some kind of law that prohibits animal cruelty offenders from living with or owning animals for a certain amount of time.

Hee said Ho made good arguments against the bill, but he decided to pass it over to the House to keep discussion going.

Gibson said she is tracking more than 40 bills this session related to animals.