Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2547 entitled:

begs leave to report as follows:

The purpose of this measure is to create new criminal offenses for cruelty to animals.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources (DLNR), Honolulu Prosecuting Attorney, Honolulu Police Department, Animal Rights Hawaii, Hawaiian Humane Society, Abandoned and Feral Cat Friends, Citizens for Humane Animal Policies, Ducks Unlimited Inc., Kauai Humane Society, and two private citizens. Testimony in opposition was received from the Pig Hunters of Hawaii, Big Island Gun Dogs, Hawaii Rifle Association, Hawaii Citizens' Rights PAC, Animal CARE Foundation, and two private citizens. The Public Defender submitted comments.

This measure is intended to modernize laws relating to cruelty to animals. This measure, among other things, creates a new offense of cruelty to animals by cockfighting, which is problematic in Hawaii. A new offense of cockfighting and related equipment would discourage the establishment of cockfighting arenas.

This measure also establishes specifications for the euthanasia of animals, and requires the owners of seized animals to post bond in amounts sufficient to cover the costs of the animal's care for one month during impoundment.

Your Committee is aware of the objections to the provision in the measure which provides for a violation of cruelty to animals for tethering an animal for more than ten consecutive hours. However, there was no consensus in the testimony on this matter. The Hawaiian Humane Society testified in support of this provision, stating that ten hours should be the maximum allowable time to tether the animal because a dog is most likely to bite beyond that time. Other testifiers objecting to this provision stated that any tethering is bad or that tethering should last no longer than a couple of hours. As an alternative to tethering, those testifying in objection recommended an enclosed pen area. However, your Committee believes that this is not always practicable given the small yard areas of most Hawaii homes.

Your Committee has amended this measure as follows:

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2547, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2547, S.D. 1, and be placed on the calendar for Third Reading.