HB 363: RELATING TO ANIMALS.

A BILL FOR AN ACT

relating to animals.

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

     SECTION 1.  Section 142-74, Hawaii Revised Statutes, is amended to read as follows:

     "§142-74  Liability of dog or cat owner; penalty.  (a)  If any dog[,] or cat, while on private property without the consent of the owner of that property, injures or destroys any sheep, cattle, goat, hog, fowl, or other property belonging to any person other than the owner of the dog[,] or cat, the owner of the dog or cat shall be liable in damages to the person injured for the value of the property so injured or destroyed.  The owner of the dog or cat shall confine or destroy the dog[,] or cat, and if the owner of the dog or cat neglects or refuses to do so, the owner of the dog[,] or cat, in the event of any further damage being done to the person or property of any person by the dog[,] or cat, in addition to paying the person injured for the damage, shall pay the costs of the trial together with the penalty imposed under section 142-12, and it shall be lawful for any other person to destroy the dog[.] or cat.

     (b)  Each county may enact and enforce ordinances regulating [persons who own, harbor, or keep] owners of any dog or cat that has injured, maimed, or destroyed [an]:

     (1)  An animal belonging to another person[.];

     (2)  Any threatened or endangered species; or

     (3)  An animal protected by the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712), as amended.

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[.] or cat.  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.

     (c)  As used in this section, "owner" means any person who owns, keeps, feeds, or harbors a dog or cat."

     SECTION 2.  Section 183D-1, Hawaii Revised Statutes, is amended by amending the definition of "predators" to read as follows:

     ""Predators" means animals destructive of wildlife by nature of their predatory habits, including mongooses, cats, dogs, and [rats.] rodents."

     SECTION 3.  Section 183D-62, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-62  Taking, injuring, or destroying wild birds; taking, injuring or destroying native birds by pet animals; prohibited.  (a)  Except as provided in section 183D-61, no person shall intentionally, knowingly, or recklessly take, catch, injure, kill, or destroy, or attempt to take, catch, injure, kill, or destroy, any wild bird, or to keep or have possession of any wild bird, dead or alive, or to damage or destroy a nest of any wild bird.

     (b)  The taking, injuring, or destroying of a native bird or its nest, excluding any species listed as introduced or injurious by title 13, chapter 124 of the Hawaii Administrative Rules, and feral chickens, by an individual's pet animal, such as a dog or cat, is prohibited and the owner of any such pet animal shall be held liable for any such taking, injuring, or destroying of a native bird or its nest.  As used in this subsection, "owner" means any person who owns, keeps, feeds, or harbors a dog or cat."

     SECTION 4.  Section 183D-65, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-65  Posting; destruction of predators.  (a)  On any game management area, public hunting area, or forest reserve or other lands under the jurisdiction of the department, predators deemed harmful to wildlife by the department may be destroyed by any means deemed necessary by the department.

     (b)  Where the predators are dogs and the methods of destruction may endanger pets or hunting dogs, all major points of entrance into the area where the predators are to be destroyed shall be posted with signs indicating that a program of predator destruction in the area is in progress.  Any predator may be destroyed in a posted area without claim or penalty whether or not the predator is the property of some person.

     (c)  It shall be unlawful for an individual to release, feed, water, or otherwise care for any unrestrained predator on state lands under the jurisdiction of the department.  An individual who violates this subsection shall be assessed an administrative fine of not less than:

     (1)  $100 for a first violation;

     (2)  $500 for a second violation; and

     (3)  $1,000 for a third or subsequent violation.

     This subsection shall not apply to hunters who deploy, feed, or water unrestrained dogs in the course of hunting or to individuals operating as part of a duly permitted program by the department to trap and permanently remove predators from state lands."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Animals; Cat Owner Liability; Wildlife Protection; Native Birds; Care of Predators on State Lands; DLNR; Prohibition; Fines

Description:

Establishes cat owner liability for harm to property or native birds.  Prohibits the care of predators on state lands under the jurisdiction of the Department of Land and Natural Resources.  Establishes administrative fines.

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