HB 319: RELATING TO CRUELTY TO ANIMALS.

A BILL FOR AN ACT

RELATING TO CRUELTY TO ANIMALS.

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

     SECTION 1.  Section 711-1109, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(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[.];

     (d)  The extermination of feral chickens on private property by the property owner or property lessee; provided that the methods of extermination are consistent with the American Veterinary Medical Association Guidelines for Euthanasia of Animals;

     (e)  The extermination of insects, vermin, or pests by the property owner or property lessee using poison as long as the poison is legally used;

     (f)  The extermination of insects, vermin, or pests by the property owner or property lessee using traps as long as the traps are licensed traps that state the type of animal that is intended to be caught and instructions for the trapping device are followed completely; or

     (g)  The extermination of insects or pests by the property owner or property lessee by common accepted physical methods of insect or pest extermination."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

HDOA: Cruelty to Animals; Extermination; Insects; Vermin; Pests; Feral Chickens; Private Property; Exemption

Description:

Exempts from the crime of cruelty to animals in the second degree the extermination of insects, vermin, and pests, and the extermination of feral chickens on private property by the property owner, under certain conditions.  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 cruelty to animals.

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

     SECTION 1.  Section 711-1109, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:

     "(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 animal of necessary sustenance or causes that 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;] rules adopted by the department of agriculture;

     (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, or uses a trolley, trolley with swivels, pulley, cable, running line, or trolley lacking swivels at each end that is designed to attach a dog to two stationary objects in a configuration that endangers the dog, including preventing the dog from obtaining necessary sustenance;

     (h)  Tethers or restrains a dog under the age of six months unless the dog is engaged in an activity supervised by its owner or an agent of its owner;

     (i)  Tethers or restrains a dog by a tow or log chain;

     (j)  Tethers or restrains by means of choke collar, pinch collar, or prong collar unless the dog is engaged in an activity supervised by its owner or an agent of its owner; or

     (k)  Assists another in the commission of any act specified in paragraphs (a) through (j).

     (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[.]; or

     (d)  The extermination of feral chickens on private property by the property owner; provided that the extermination is conducted in accordance with standard and acceptable pest control practices and rules adopted by the department of agriculture."

     SECTION 2.  No later than          , the department of agriculture shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, concerning the humane extermination of insects, vermin, pests, and feral chickens for purposes of sections 711-1109(1)(c) and 711-1109(2)(d), Hawaii Revised Statutes.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

HDOA: Cruelty to Animals; Feral Chickens; Private Property; Exemption

Description:

Exempts from the crime of cruelty to animals in the second degree the extermination of insects, vermin, and pests, and the extermination of feral chickens on private property by the property owner; provided that the extermination is conducted in accordance with standard and acceptable pest control practices and rules adopted by the Department of Agriculture.  Requires the Department of Agriculture to adopt rules, pursuant to chapter 91, Hawaii Revised Statutes, concerning the humane extermination of insects, vermin, pests, and feral chickens.

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.  638

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 319

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Agriculture & Food Systems, to which was referred H.B. No. 319 entitled:

"A BILL FOR AN ACT RELATING TO CRUELTY TO ANIMALS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Exempt from the crime of cruelty to animals in the second degree the extermination of insects, vermin, and pests, and the extermination of feral chickens on private property by the property owner, under certain conditions; and

     (2)  Require the Department of Agriculture to adopt rules concerning the humane extermination of insects, vermin, pests, and feral chickens.

     Your Committee received testimony in support of this measure from one member of the Honolulu City Council and four individuals.  Your Committee received testimony in opposition to this measure from Animal Rights Hawai‘i and two individuals.  Your Committee received comments on this measure from the Department of Agriculture and Department of the Attorney General.

     Your Committee finds that managing insects, vermin, invasive pests, and feral chickens is a growing concern for property owners across the State, as these animals can cause property damage, disrupt ecosystems, and pose public health risks.  However, existing laws regarding animal cruelty are ambiguous around the extermination of these species, leading to challenges in effective pest control.  This measure addresses these issues by exempting the extermination of insects, vermin, pests, and feral chickens from the crime of cruelty to animals in the second degree as long as the extermination follows standard and acceptable pest control practices and rules adopted by the Department of Agriculture.  By clarifying legal parameters and establishing humane guidelines, this measure balances the need for effective pest management with ethical treatment considerations.

     Your Committee has amended this measure by:

     (1)  Moving the exemptions from the crime of cruelty to animals in the second degree related to the extermination of insects, vermin, pests, and feral chickens to section 711-1109(2), Hawaii Revised Statutes, and specifying the conditions under which the exemptions apply, rather than requiring the Department of Agriculture to adopt rules to establish those conditions;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; 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 Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 319, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 319, 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,