HB 2152: Dog Attacks; Livestock; Agricultural District; Liability

A BILL FOR AN ACT

RELATING TO DOG ATTACKS.

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

     SECTION 1.  The legislature finds that livestock production is an important contributor to the State's economy, food security, and land stewardship.  Livestock producers responsibly manage their animals through fencing and low-stress handling techniques to ensure their health and well-being.

     The legislature further finds that uncontrolled dogs often harass, injure, or kill livestock, causing significant losses.  Livestock producers experience severe financial and emotional impacts from dog attacks, as a single attack can result in the loss of up to eighty animals.

     The legislature also finds that California addresses dog attacks on livestock through strict liability provisions under the California Food and Agricultural Code, which may serve as a model for Hawaii.

     The purpose of this Act is to increase penalties and enforcement mechanisms relating to dog attacks on livestock on land or premises within the agricultural district to ensure dog owners maintain control of their animals and are held accountable when attacks occur.  Authorizing the destruction of dogs that harass livestock is consistent with existing law, which provides similar protections for wildlife.

     SECTION 2.  Section 142-33, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  For the purposes of this section, "habitual agricultural crime perpetrator" means a person [who,]:

     (1)  Who, within five years of the instant offense, has any combination of three or more prior convictions for criminal offenses under this chapter or one or more prior convictions under this section[.]; or

     (2)  Who has been found liable four or more times under section 142-74; provided that each liability finding shall be a final judgment entered by a court of competent jurisdiction.

The convictions or liability findings shall be for separate incidents on separate dates.  The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual agricultural crime perpetrator.  Proof that the person has the requisite minimum prior convictions or liability findings shall be sufficient to establish this element."

     SECTION 3.  Section 142-74, Hawaii Revised Statutes, is amended to read as follows:

     "§142-74  [Liability of dog owner; penalty.] Damage to livestock or other property by dogs; liability; penalties.  (a)  If any dog, while on [private property] land or premises in the agricultural district classified pursuant to chapter 205 without the consent of the owner or person in possession of that [property,] land or premises, injures or destroys any [sheep, cattle, goat, hog, fowl,] livestock or other property belonging to any person other than the owner [of] or person responsible for the dog, the owner [of] or person responsible for the dog shall be liable in damages to the person injured for twice the value of the property so injured or destroyed.  [The]

     (b)  The owner of any livestock, the owner's agent, or the owner's family member may destroy a dog if the dog is found in the act of injuring, destroying, or persistently pursuing or harassing livestock on land or premises in the agricultural district classified pursuant to chapter 205 that are not owned or possessed by the owner of the dog.  No civil or criminal action shall be maintained for destruction of a dog pursuant to this subsection.

     (c)  After any incident described in subsection (a), the owner of the dog shall confine or destroy the dog[, and if].  If the owner of the dog neglects or refuses to do so, and the dog subsequently causes further damage to the owner of the livestock or property of another, the owner of the dog, [in the event of any further damage being done to the person or property of any person by the dog,] in addition to paying the person injured for the damage, shall be guilty of a misdemeanor, be fined no less than $1,000, and pay the costs of the trial, and [it shall be lawful for any other person to destroy the dog.] the dog may be lawfully destroyed by the owner of the livestock, the owner's agent, or the owner's family member.

     (d)  If a dog described in subsection (a) is not destroyed pursuant to subsection (b) or (c) and a person sustains any loss or damage to livestock caused by the dog, or if any livestock is destroyed because the livestock was injured or pursued by the dog, the person may file a complaint in the district court of the circuit in which the loss or damage occurred and the judge may order the dog be humanely euthanized.

     [(b)] (e)  Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has injured, maimed, or destroyed an animal belonging to another person.  No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog.  Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section.

     (f)  Any destruction of a dog authorized under this section shall be carried out using means that are reasonable under the circumstances and not intended to cause undue suffering.

     (g)  For the purposes of this section, "livestock" means animals raised for agricultural production or value, including cattle, sheep, goats, swine, poultry, and other domesticated farm animals."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Dog Attacks; Livestock; Agricultural District; Liability

Description:

Clarifies liability and increases penalties and enforcement mechanisms for dog attacks on livestock occurring on land or premises within the agricultural district.  (CD1)

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

A BILL FOR AN ACT

RELATING TO DOG ATTACKS.

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

     SECTION 1.  The legislature finds that livestock production is an important contributor to the State's economy, food security, and land stewardship.  Livestock producers responsibly manage their animals through fencing and low-stress handling techniques to ensure their health and well-being.

     The legislature further finds that uncontrolled dogs often harass, injure, or kill livestock, causing significant losses.  Livestock producers experience severe financial and emotional impacts from dog attacks, as a single attack can result in the loss of up to eighty animals.

     The legislature also finds that California addresses dog attacks on livestock through strict liability provisions under the California Food and Agricultural Code, which may serve as a model for Hawaii.

     The purpose of this Act is to increase penalties and enforcement mechanisms relating to dog attacks on livestock on land or premises within the agricultural district to ensure dog owners maintain control of their animals and are held accountable when attacks occur.  Authorizing the destruction of dogs that harass livestock is consistent with existing law, which provides similar protections for wildlife.

     SECTION 2.  Section 142-33, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  For the purposes of this section, "habitual agricultural crime perpetrator" means a person [who,]:

     (1)  Who, within five years of the instant offense, has any combination of three or more prior convictions for criminal offenses under this chapter or one or more prior convictions under this section[.]; or

     (2)  Who has been found liable four or more times under section 142-74; provided that each liability finding shall be a final judgment entered by a court of competent jurisdiction.

The convictions or liability findings shall be for separate incidents on separate dates.  The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual agricultural crime perpetrator.  Proof that the person has the requisite minimum prior convictions or liability findings shall be sufficient to establish this element."

     SECTION 3.  Section 142-74, Hawaii Revised Statutes, is amended to read as follows:

     "§142-74  [Liability of dog owner; penalty.] Damage to livestock or other property by dogs; liability; penalties.  (a)  If any dog, while on [private property] land or premises in the agricultural district classified pursuant to chapter 205 without the consent of the owner or person in possession of that [property,] land or premises, injures or destroys any [sheep, cattle, goat, hog, fowl,] livestock or other property belonging to any person other than the owner [of] or person responsible for the dog, the owner [of] or person responsible for the dog shall be liable in damages to the person injured for twice the value of the property so injured or destroyed.  [The]

     (b)  The owner of any livestock, the owner's agent, or the owner's family member may destroy a dog if the dog is found in the act of injuring, destroying, or persistently pursuing or harassing livestock on land or premises in the agricultural district classified pursuant to chapter 205 that are not owned or possessed by the owner of the dog.  No civil or criminal action shall be maintained for destruction of a dog pursuant to this subsection.

     (c)  After any incident described in subsection (a), the owner of the dog shall confine or destroy the dog[, and if].  If the owner of the dog neglects or refuses to do so, and the dog subsequently causes further damage to the owner of the livestock or property of another, the owner of the dog, [in the event of any further damage being done to the person or property of any person by the dog,] in addition to paying the person injured for the damage, shall be guilty of a misdemeanor, be fined no less than $1,000, and pay the costs of the trial, and [it shall be lawful for any other person to destroy the dog.] the dog may be lawfully destroyed by the owner of the livestock, the owner's agent, or the owner's family member.

     (d)  If a dog described in subsection (a) is not destroyed pursuant to subsection (b) or (c) and a person sustains any loss or damage to livestock caused by the dog, or if any livestock is destroyed because the livestock was injured or pursued by the dog, the person may file a complaint in the district court of the circuit in which the loss or damage occurred and the judge may order the dog be humanely euthanized.  

     [(b)] (e)  Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has injured, maimed, or destroyed an animal belonging to another person.  No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog.  Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section.

     (f)  Any destruction of a dog authorized under this section shall be carried out using means that are reasonable under the circumstances and not intended to cause undue suffering.

     (g)  For the purposes of this section, "livestock" means animals raised for agricultural production or value, including cattle, sheep, goats, swine, poultry, and other domesticated farm animals."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Dog Attacks; Livestock; Agricultural District; Liability

Description:

Clarifies owner liability and increases penalties and enforcement mechanisms for dog attacks on livestock occurring on land or premises within the agricultural district.  Effective 7/1/3000.  (SD2)

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

A BILL FOR AN ACT

RELATING TO DOG ATTACKS.

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

     SECTION 1.  The legislature finds that livestock production is an important contributor to the State's economy, food security, and land stewardship.  Livestock producers responsibly manage their animals through fencing and low-stress handling techniques to ensure their health and well-being.

     The legislature further finds that uncontrolled dogs often harass, injure, or kill livestock, causing significant losses.  Livestock producers experience severe financial and emotional impacts from dog attacks, as a single attack can result in the loss of up to eighty animals.

     The legislature also finds that California addresses dog attacks on livestock through strict liability provisions under the California Food and Agricultural Code, which may serve as a model for Hawaii.

     The purpose of this Act is to increase penalties and enforcement mechanisms relating to dog attacks on livestock on land or premises within the agricultural district to ensure dog owners maintain control of their animals and are held accountable when attacks occur.  Authorizing the destruction of dogs that harass livestock is consistent with existing law, which provides similar protections for wildlife.

     SECTION 2.  Section 142-33, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  For the purposes of this section, "habitual agricultural crime perpetrator" means a person [who,]:

     (1)  Who, within five years of the instant offense, has any combination of three or more prior convictions for criminal offenses under this chapter or one or more prior convictions under this section[.]; or

     (2)  Who has been found liable four or more times under section 142-74; provided that each liability finding shall be a final judgment entered by a court of competent jurisdiction.

The convictions or liability findings shall be for separate incidents on separate dates.  The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual agricultural crime perpetrator.  Proof that the person has the requisite minimum prior convictions or liability findings shall be sufficient to establish this element."

     SECTION 3.  Section 142-74, Hawaii Revised Statutes, is amended to read as follows:

     "§142-74  [Liability of dog owner; penalty.] Damage to livestock or other property by dogs; liability; penalties.  (a)  If any dog, while on [private property] land or premises in the agricultural district classified pursuant to chapter 205 without the consent of the owner or person in possession of that [property,] land or premises, injures or destroys any [sheep, cattle, goat, hog, fowl,] livestock or other property belonging to any person other than the owner [of] or person responsible for the dog, the owner [of] or person responsible for the dog shall be liable in damages to the person injured for twice the value of the property so injured or destroyed.  [The]

     (b)  Any person may destroy a dog if the dog is found in the act of injuring, destroying, or persistently pursuing or harassing livestock on land or premises in the agricultural district classified pursuant to chapter 205 that are not owned or possessed by the owner of the dog.  No civil or criminal action shall be maintained for destruction of a dog pursuant to this subsection.

     (c)  After any incident described in subsection (a), the owner of the dog shall confine or destroy the dog[, and if].  If the owner of the dog neglects or refuses to do so, and the dog subsequently causes further damage to the person or property of another, the owner of the dog, [in the event of any further damage being done to the person or property of any person by the dog,] in addition to paying the person injured for the damage, shall be guilty of a misdemeanor, be fined no less than $1,000, and pay the costs of the trial, and [it shall be lawful for any other person to destroy the dog.] the dog may be lawfully destroyed by any person.

     (d)  If a dog described in subsection (a) is not destroyed pursuant to subsection (b) or (c) and a person sustains any loss or damage to livestock caused by the dog, or if any livestock is destroyed because the livestock was injured or pursued by the dog, the person may file a complaint in the district court of the circuit in which the loss or damage occurred.  The complaint shall:

     (1)  Be in writing;

     (2)  Be signed by the complainant;

     (3)  State the date and location of the incident, a description of the damage, and the estimated value of the loss; and

     (4)  State, if known, the name of the person who owns or was responsible for the dog when the loss or damage was sustained.

     (e)  If the complaint identifies the person who owns or was responsible for the dog at the time of the damage, the judge shall forthwith issue a summons commanding that person to appear before the judge to show cause why the dog should not be destroyed.  The summons shall:

     (1)  Set a return date no less than two days nor more than six days from the date of issuance; and

     (2)  Be served at least two days before the time of appearance.

Service may be made by any person over the age of eighteen or by registered mail to the last known address of the owner or person responsible for the dog.  Any expense related to the summons shall be borne by the owner of the injured or destroyed livestock.

     (f)  On the return day, the judge shall determine whether the loss of or damage to livestock was caused by the dog.  If the judge finds that the loss or damage was caused by the dog, the judge shall order the owner or person responsible for the dog to surrender the dog within twenty-four hours to an animal control officer for humane euthanasia.

     (g)  If two or more dogs kept by two or more owners or persons responsible for the dogs injure or destroy any livestock at the same time, the owners or persons responsible for the dogs shall be jointly and severally liable for the damage.

     [(b)] (h)  Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has injured, maimed, or destroyed an animal belonging to another person.  No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog.  Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section.

     (i)  Any destruction of a dog authorized under this section shall be carried out using means that are reasonable under the circumstances and not intended to cause undue suffering.

     (j)  For the purposes of this section, "livestock" means animals raised for agricultural production or value, including cattle, sheep, goats, swine, poultry, and other domesticated farm animals."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Dog Attacks; Livestock; Agricultural District; Liability

Description:

Clarifies owner liability and increases penalties and enforcement mechanisms for dog attacks on livestock occurring on land or premises within the agricultural district.  Effective 7/1/3000.  (SD1)

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

A BILL FOR AN ACT

RELATING TO DOG ATTACKS.

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

     SECTION 1.  The legislature finds that livestock production is an important contributor to the State's economy, food security, and land stewardship.  Livestock producers responsibly manage their animals through fencing and low-stress handling techniques to ensure their health and well-being.

     The legislature further finds that uncontrolled dogs often harass, injure, or kill livestock, causing significant losses.  Livestock producers experience severe financial and emotional impacts from dog attacks, as a single attack can result in the loss of up to eighty animals.

     The legislature also finds that California addresses dog attacks on livestock through strict liability provisions under the California Food and Agricultural Code, which may serve as a model for Hawaii.

     The purpose of this Act is to increase penalties and enforcement mechanisms relating to dog attacks on livestock on land or premises within the agricultural district to ensure dog owners maintain control of their animals and are held accountable when attacks occur.  Authorizing the destruction of dogs that harass livestock is consistent with existing law, which provides similar protections for wildlife.

     SECTION 2.  Section 142-33, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  For the purposes of this section, "habitual agricultural crime perpetrator" means a person [who,]:

     (1)  Who, within five years of the instant offense, has any combination of three or more prior convictions for criminal offenses under this chapter or one or more prior convictions under this section[.]; or

     (2)  Who has been found liable four or more times under section 142-74; provided that each liability finding shall be a final judgment entered by a court of competent jurisdiction.

The convictions or liability findings shall be for separate incidents on separate dates.  The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual agricultural crime perpetrator.  Proof that the person has the requisite minimum prior convictions or liability findings shall be sufficient to establish this element."

     SECTION 3.  Section 142-74, Hawaii Revised Statutes, is amended to read as follows:

     "§142-74  [Liability of dog owner; penalty.] Damage to livestock or other property by dogs; liability; penalties.  (a)  If any dog, while on [private property] land or premises in the agricultural district classified pursuant to chapter 205 without the consent of the owner or person in possession of that [property,] land or premises, injures or destroys any [sheep, cattle, goat, hog, fowl,] livestock or other property belonging to any person other than the owner [of] or person responsible for the dog, the owner [of] or person responsible for the dog shall be liable in damages to the person injured for twice the value of the property so injured or destroyed.  [The]

     (b)  Any person may destroy a dog if the dog is found in the act of injuring, destroying, or persistently pursuing or harassing livestock on land or premises in the agricultural district classified pursuant to chapter 205 that are not owned or possessed by the owner of the dog.  No civil or criminal action shall be maintained for destruction of a dog pursuant to this subsection.

     (c)  After any incident described in subsection (a), the owner of the dog shall confine or destroy the dog[, and if].  If the owner of the dog neglects or refuses to do so, and the dog subsequently causes further damage to the person or property of another, the owner of the dog, [in the event of any further damage being done to the person or property of any person by the dog,] in addition to paying the person injured for the damage, shall be guilty of a misdemeanor, be fined no less than $1,000, and pay the costs of the trial, and [it shall be lawful for any other person to destroy the dog.] the dog may be lawfully destroyed by any person.

     (d)  If a dog described in subsection (a) is not destroyed pursuant to subsection (b) or (c) and a person sustains any loss or damage to livestock caused by the dog, or if any livestock is destroyed because the livestock was injured or pursued by the dog, the person may file a complaint in the district court of the circuit in which the loss or damage occurred.  The complaint shall:

     (1)  Be in writing;

     (2)  Be signed by the complainant;

     (3)  State the date and location of the incident, a description of the damage, and the estimated value of the loss; and

     (4)  State, if known, the name of the person who owns or was responsible for the dog when the loss or damage was sustained.

     (e)  If the complaint identifies the person who owns or was responsible for the dog at the time of the damage, the judge shall forthwith issue a summons commanding that person to appear before the judge to show cause why the dog should not be destroyed.  The summons shall:

     (1)  Set a return date no less than two days nor more than six days from the date of issuance; and

     (2)  Be served at least two days before the time of appearance.

Service may be made by any person over the age of eighteen or by registered mail to the last known address of the owner or person responsible for the dog.  Any expense related to the summons shall be borne by the owner of the injured or destroyed livestock.

     (f)  On the return day, the judge shall determine whether the loss of or damage to livestock was caused by the dog.  If the judge finds that the loss or damage was caused by the dog, the judge shall order the owner or person responsible for the dog to surrender the dog within twenty-four hours to an animal control officer for prompt destruction.

     (g)  If two or more dogs kept by two or more owners or persons responsible for the dogs injure or destroy any livestock at the same time, the owners or persons responsible for the dogs shall be jointly and severally liable for the damage.

     [(b)] (h)  Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has injured, maimed, or destroyed an animal belonging to another person.  No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog.  Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section.

     (i)  Any destruction of a dog authorized under this section shall be carried out using means that are reasonable under the circumstances and not intended to cause undue suffering.

     (j)  For the purposes of this section, "livestock" means animals raised for agricultural production or value, including cattle, sheep, goats, swine, poultry, and other domesticated farm animals."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Dog Attacks; Livestock; Agricultural District; Liability

Description:

Clarifies owner liability and increases penalties and enforcement mechanisms for dog attacks on livestock occurring on land or premises within the agricultural district.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO DOG ATTACKS.

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

     SECTION 1.  The legislature finds that livestock production is an important contributor to the State's economy, food security, and land stewardship.  Livestock producers responsibly manage their animals through fencing and low-stress handling techniques to ensure their health and well-being.

     The legislature further finds that uncontrolled dogs often harass, injure, or kill livestock, causing significant losses.  Livestock producers experience severe financial and emotional impacts from dog attacks, as a single attack can result in the loss of up to eighty animals.

     The legislature also finds that California addresses dog attacks on livestock through strict liability provisions under the California Food and Agricultural Code, which may serve as a model for Hawaii.

     The purpose of this Act is to increase penalties and enforcement mechanisms relating to dog attacks on livestock on land or premises within the agricultural district to ensure dog owners maintain control of their animals and are held accountable when attacks occur.  Authorizing the destruction of dogs that harass livestock is consistent with existing law, which provides similar protections for wildlife.

     SECTION 2.  Section 142-33, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  For the purposes of this section, "habitual agricultural crime perpetrator" means a person [who,]:

     (1)  Who, within five years of the instant offense, has any combination of three or more prior convictions for criminal offenses under this chapter or one or more prior convictions under this section[.]; or

     (2)  Who has been found liable four or more times under section 142-74; provided that each liability finding shall be a final judgment entered by a court of competent jurisdiction.

The convictions or liability findings shall be for separate incidents on separate dates.  The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual agricultural crime perpetrator.  Proof that the person has the requisite minimum prior convictions or liability findings shall be sufficient to establish this element."

     SECTION 3.  Section 142-74, Hawaii Revised Statutes, is amended to read as follows:

     "§142-74  [Liability of dog owner; penalty.] Damage to livestock or other property by dogs; liability; penalties.  (a)  If any dog, while on [private property] land or premises in the agricultural district classified pursuant to chapter 205 without the consent of the owner or person in possession of that [property,] land or premises, injures or destroys any [sheep, cattle, goat, hog, fowl,] livestock or other property belonging to any person other than the owner [of] or person responsible for the dog, the owner [of] or person responsible for the dog shall be liable in damages to the person injured for twice the value of the property so injured or destroyed.  [The]

     (b)  Any person may destroy any dog in cases where the dog is found in the act of injuring or destroying livestock on land or premises in the agricultural district classified pursuant to chapter 205 not owned or possessed by the owner of the dog.

No civil or criminal action shall be maintained for destroying any dog pursuant to this subsection.

     (c)  After any incident described in subsection (a), the owner of the dog shall confine or destroy the dog[, and if].  If the owner of the dog neglects or refuses to do so, and the dog subsequently causes further damage to the person or property of any person, the owner of the dog, [in the event of any further damage being done to the person or property of any person by the dog,] in addition to paying the person injured for the damage, shall be guilty of a misdemeanor, be fined no less than $1,000, and pay the costs of the trial, and [it shall be lawful for any other person to destroy the dog.] the dog may be lawfully destroyed by any person.

     (d)  If any person sustains any loss or damage to livestock caused by a dog, or if any livestock is destroyed because the livestock was injured or pursued by a dog, the person may file a complaint in the district court of the circuit in which the loss or damage occurred.  The complaint shall:

     (1)  Be in writing;

     (2)  Be signed by the complainant;

     (3)  State the date and location of the incident, a description of the damage, and the estimated value of the loss; and

     (4)  State, if known, the name of the person who owns or was in charge of the dog when the loss or damage was sustained.

     (e)  If the complaint identifies the person who owns or was responsible for the dog at the time of the damage, the judge shall forthwith issue a summons commanding that person to appear before the judge to show cause why the dog should not be destroyed.  The summons shall:

     (1)  Set a return date no less than two days nor more than six days from the date of issuance; and

     (2)  Be served at least two days before the time of appearance.

Service may be made by any person over the age of eighteen or by registered mail to the last known address of the owner or person responsible for the dog.  Any expense related to the summons shall be borne by the owner of the injured or destroyed livestock.

     (f)  On the return day, the judge shall determine whether the loss of or damage to livestock was caused by the dog.  If the judge finds that the loss or damage was caused by the dog, the judge shall order the owner or person responsible for the dog to surrender the dog within twenty-four hours to an animal control officer for prompt destruction.

     (g)  If two or more dogs kept by two or more owners or persons responsible for the dogs injure or destroy any livestock at the same time, the owners or persons responsible for the dogs shall be jointly and severally liable for the damage.

     [(b)] (h)  Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has injured, maimed, or destroyed an animal belonging to another person.  No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog.  Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section.

     (i)  For the purposes of this section, "livestock" means animals raised for agricultural production or value, including cattle, sheep, goats, swine, poultry, and other domesticated farm animals."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Dog Attacks; Livestock; Agricultural District; Liability

Description:

Clarifies owner liability and increases penalties and enforcement mechanisms for dog attacks on livestock on land or premises within the agricultural district.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO DOG ATTACKS.

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

     SECTION 1.  The legislature finds that livestock production is an important contributor to the State's economy, food security, and land stewardship.  Livestock producers responsibly manage their animals through fencing and low-stress handling techniques to ensure their health and well-being.

     The legislature further finds that uncontrolled dogs often harass, injure, or kill livestock, causing significant losses.  Livestock producers experience severe financial and emotional impacts from dog attacks, as a single attack can result in the loss of up to eighty animals.

     The legislature also finds that California addresses dog attacks on livestock through strict liability provisions under the California Food and Agricultural Code, which may serve as a model for Hawaii.

     The purpose of this Act is to increase penalties and enforcement mechanisms relating to dog attacks on livestock to ensure dog owners maintain control of their animals and are held accountable when attacks occur.  Authorizing the destruction of dogs that harass livestock is consistent with existing law, which provides similar protections for wildlife.

     SECTION 2.  Section 142-33, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  For the purposes of this section, "habitual agricultural crime perpetrator" means a person [who,]:

     (1)  Who, within five years of the instant offense, has any combination of three or more prior convictions for criminal offenses under this chapter or one or more prior convictions under this section[.]; or

     (2)  Who has been found liable four or more times under section 142-74; provided that each liability finding shall be a final judgment entered by a court of competent jurisdiction.

The convictions or liability findings shall be for separate incidents on separate dates.  The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual agricultural crime perpetrator.  Proof that the person has the requisite minimum prior convictions or liability findings shall be sufficient to establish this element."

     SECTION 3.  Section 142-74, Hawaii Revised Statutes, is amended to read as follows:

     "§142-74  [Liability of dog owner; penalty.] Damage to livestock or other property by dogs; liability; penalties.  (a)  If any dog, while on [private property] land or premises without the consent of the owner or person in possession of that [property,] land or premises, injures or destroys any [sheep, cattle, goat, hog, fowl,] livestock or other property belonging to any person other than the owner [of] or person responsible for the dog, the owner [of] or person responsible for the dog shall be liable in damages to the person injured for twice the value of the property so injured or destroyed.  [The]

     (b)  Any person may destroy any dog in any of the following cases:

     (1)  The dog is found in the act of injuring, destroying, or persistently pursuing or harassing livestock on land or premises not owned or possessed by the owner of the dog; or

     (2)  The person has proof that conclusively shows that the dog has been recently engaged in injuring or destroying livestock on land or premises not owned or possessed by the owner of the dog.

No civil or criminal action shall be maintained for destroying any dog pursuant to this subsection.

     (c)  After any incident described in subsection (a), the owner of the dog shall confine or destroy the dog[, and if].  If the owner of the dog neglects or refuses to do so, and the dog subsequently causes further damage to the person or property of any person, the owner of the dog, [in the event of any further damage being done to the person or property of any person by the dog,] in addition to paying the person injured for the damage, shall be guilty of a misdemeanor, be fined no less than $1,000, and pay the costs of the trial, and [it shall be lawful for any other person to destroy the dog.] the dog may be lawfully destroyed by any person.

     (d)  If any person sustains any loss or damage to livestock caused by a dog, or if any livestock is destroyed because the livestock was injured or pursued by a dog, the person may file a complaint in the district court of the circuit in which the loss or damage occurred.  The complaint shall:

     (1)  Be in writing;

     (2)  Be signed by the complainant;

     (3)  State the date and location of the incident, a description of the damage, and the estimated value of the loss; and

     (4)  State, if known, the name of the person who owns or was in charge of the dog when the loss or damage was sustained.

     (e)  If the complaint identifies the person who owns or was responsible for the dog at the time of the damage, the judge shall forthwith issue a summons commanding that person to appear before the judge to show cause why the dog should not be destroyed.  The summons shall:

     (1)  Set a return date no less than two days nor more than six days from the date of issuance; and

     (2)  Be served at least two days before the time of appearance.

Service may be made by any person over the age of eighteen or by registered mail to the last known address of the owner or person responsible for the dog.  Any expense related to the summons shall be borne by the owner of the injured or destroyed livestock.

     (f)  On the return day, the judge shall determine whether the loss of or damage to livestock was caused by the dog.  If the judge finds that the loss or damage was caused by the dog, the judge shall order the owner or person responsible for the dog to surrender the dog within twenty-four hours to an animal control officer for prompt destruction.

     (g)  If two or more dogs kept by two or more owners or persons responsible for the dogs injure or destroy any livestock at the same time, the owners or persons responsible for the dogs shall be jointly and severally liable for the damage.

     [(b)] (h)  Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has injured, maimed, or destroyed an animal belonging to another person.  No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog.  Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section.

     (i)  For the purposes of this section, "livestock" means animals raised for agricultural production or value, including cattle, sheep, goats, swine, poultry, and other domesticated farm animals."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Dog Attacks; Livestock; Liability

Description:

Clarifies owner liability and increases penalties and enforcement mechanisms for dog attacks on livestock.

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

STAND. COM. REP. NO.  1181-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2152

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2152, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DOG ATTACKS,"

begs leave to report as follows:

     The purpose of this measure is to clarify owner liability and increase penalties and enforcement mechanisms for dog attacks on livestock on land or premises within the agricultural district.  

     Your Committee received testimony in support of this measure from Hawaiʻi Sheep and Goat Association; Hawaiʻi Farm Bureau; Hawaiian Humane Society; Hawaiʻi Food+ Policy; Thompson Ranch; Hawaii Cattlemen's Council, Inc.; and four individuals.  Your Committee received comments on this measure from Hawaiʻi Farmers Union United; KiniKai Ranch LLC; and one individual.

     Your Committee finds that livestock production is an important contributor to the State's economy and food security.  Your Committee further finds that uncontrolled dogs often harass, injure, or kill livestock, causing serious financial harm to livestock producers.  This measure seeks to deter such attacks by increasing penalties and enforcement mechanisms.

     Your Committee has amended this measure by:

     (1)  Adding language that allows a dog to be destroyed if the dog is found in the act of persistently pursuing or harassing livestock on land or premises in the agricultural district;

     (2)  Specifying that the destruction of a dog authorized by this measure shall be carried out or using means that are reasonable under the circumstances and not intended to cause undue suffering; and

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

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2152, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2152, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  331-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2152

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Agriculture & Food Systems, to which was referred H.B. No. 2152 entitled:

"A BILL FOR AN ACT RELATING TO DOG ATTACKS,"

begs leave to report as follows:

     The purpose of this measure is to clarify owner liability and increase the penalties and enforcement mechanisms for dog attacks on livestock.

     Your Committee received testimony in support of this measure from the Hawaii Cattlemen's Council, Inc.; Kaʻala Farm Inc.; Hawaiʻi Sheep and Goat Association; Hawaiʻi Farm Bureau; Hawaiʻi Food+ Policy; and numerous individuals.  Your Committee received testimony in opposition to this measure from the Hawaiian Humane Society and numerous individuals.  Your Committee received comments on this measure from the Hawaii Insurers Council.

     Your Committee finds that livestock production is an important contributor to Hawaii's economy, food security, and land stewardship.  Your Committee further finds that uncontrolled dogs often attack, harass, injure, or kill livestock, causing significant financial losses and emotional impacts for livestock producers.  This measure increases penalties and enforcement mechanisms relating to dog attacks on livestock to ensure dog owners maintain control of their animals and are held accountable when attacks occur.

     Your Committee has amended this measure by:

     (1)  Clarifying that dog owners may be liable for dog attacks on livestock and dogs may be destroyed for attacks on livestock if the attacks on livestock occurred on land or premises within the agricultural district;

     (2)  Removing language that would have allowed a dog to be destroyed if the dog is found in the act of persistently pursuing or harassing livestock;

     (3)  Deleting language that would have required a person to have proof that conclusively shows that a dog has been recently engaged in injuring or destroying livestock prior to the person destroying the dog;

     (4)  Changing the effective date to July 1, 3000, to encourage further discussion; and

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

     Your Committee respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it deliberate on this measure, to consider the concerns raised by the Hawaii Insurers Council regarding the unintended insurance consequences to expanding tort actions against owners of dogs.

     As affirmed by the record of votes of the members of your Committee on Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2152, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2152, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,