Report Title:

Humane Treatment of Pet Animals

Description:

Prohibits the confinement of a pet animal on public property (with certain exceptions) and amends the law on animal hoarding.

THE SENATE	S.B. NO.	1222
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to the humane treatment of pet animals.

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

     SECTION 1.  Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§711-  Confinement of a pet animal on public property. (1)  A person commits the offense of confinement of a pet animal on public property if the person intentionally, knowingly, or recklessly confines a pet animal in a cage on public property for more than four hours, except to:

(a) Restrain the animal for emergency purposes;

(b) Prevent a threat to public safety;

(c) Transport the animal to and from a veterinarian licensed under chapter 471; or

(d) Allow the animal to participate in a show or exhibit operated by a bona fide, duly organized kennel club, breed club, or similar organization.

It shall be an affirmative defense that the pet animal's confinement was beneficial to the animal.

(2)  This section may be enforced by a duly incorporated humane society or organization formed for the prevention of cruelty to animals.  Enforcement of this section may include confiscation of the pet animal from a person who violates this section.

(3)  Confinement of a pet animal on public property is a misdemeanor."

     SECTION 2.  Section 711-1109.6, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "[[]§711-1109.6[]]  Animal hoarding.  (1)  A person commits the offense of animal hoarding if the person intentionally, knowingly, or recklessly:

    (a)   Possesses more than [twenty] ten dogs, cats, or a combination of dogs and cats;

    (b)   Fails to provide necessary sustenance for each dog or cat; and

    (c)   Fails to correct the conditions under which the dogs or cats are living, where conditions injurious to the dogs', cats', or owner's health and well-being result from the person's failure to provide necessary sustenance."

     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  Statutory material to be repealed is bracketed and stricken.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 on January 1, 2010.

INTRODUCED BY:

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