HB2122

SECTION 1. Section 183D-6, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) Notwithstanding the provisions of any other law, the department may take wildlife for scientific, educational, or propagation purposes, except as prohibited by chapter 195D[.] and section 711-1109(1)(e).

(b) Notwithstanding the provisions of any other law, the department may issue permits to any person to take wildlife in any part of the State, for scientific, educational, or propagation purposes, except as prohibited by chapter 195D, section 711-1109(1)(e), and subject to the rules adopted by the department. The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation."

SECTION 2. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109 Cruelty to animals in the second degree. (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, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal, or deprives a pet animal of necessary sustenance or causes such deprivation;

(b) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests;

(c) 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 every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;

(d) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner; [or]

(e) Uses, sets, places, maintains, tends, or causes to be used, set, placed, maintained, or tended any body-gripping trap notwithstanding section 183D-6; or

[~~(e)~~] (f) Assists another in the commission of any act specified in subsections (1)(a) through (1)(d).

(2) [~~Subsection~~] Subsections (1)(a), (b), (d), and [~~(e),~~] (f), 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.

(3) Subsection (1)(e) shall not apply to:

(a) Federal, state, or county, departments of health when protecting human health and safety;

(b) The use of traps for rodent control for the purpose of controlling wild or domestic rodents; or

(4) For purposes of this section, the term "body-gripping trap" includes, but is not limited to steel-jawed leghold traps, padded jaw leghold traps, conibear traps, and snares, the last of which are commonly referred to as cable restraints.

[~~(3)~~] (5) Whenever any animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately destroyed without creating any offense under this section.

[~~(4)~~] (6) Cruelty to animals in the second degree is a misdemeanor."

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.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2122
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII