SR114.DOC

WHEREAS, the humane treatment of animals is a reflection of society; and

WHEREAS, during each legislative session, citizens come forward to seek the introduction of legislation prohibiting acts of cruelty and neglect toward animals to address situations that have arisen in their communities; and

WHEREAS, the Supplemental Commentary on sections 711-1109 to 711-1110, Hawaii Revised Statutes, provides, in part:

"Act 173, Session Laws 1998, amended §711-1109 to provide that depriving pet animals of necessary sustenance constitutes the crime of cruelty to animals. The legislature noted that the statute identified only those acts which were the most heinous and extreme, such as beating, mutilation, poisoning, starvation, and torture. However, on a daily basis, less overt acts such as daily neglect also resulted in the inhumane treatment of animals. Thus, the legislature agreed that pet animals deserved a minimum level of care including adequate food, water, and shelter. Senate Standing Committee Report No. 87."; and

WHEREAS, a review of state laws on the treatment of these "less overt acts" of animal cruelty is timely and appropriate; and

WHEREAS, the definition of "necessary sustenance" in section 711-1100, Hawaii Revised Statutes, while requiring adequate space and reasonable cleanliness for the animal's health, is silent on how long a pet animal may be confined in a cage, how the type of pet animal dictates what may be an acceptable manner and duration of confinement in a cage, or how the duration of confinement affects the adequacy of space necessary for the health of the animal; and

WHEREAS, present law allows dogs to be tethered to a stationary object for twenty-four hours a day, seven days a week, as long as the tether is at least six feet long; and

WHEREAS, a tether can become tangled around a dog or hooked on the dog's shelter or other objects, further restricting the dog's movement and potentially causing injury; and

WHEREAS, a number of measures introduced in the Regular Session of 2009 sought to create new misdemeanor offenses prohibiting various inhumane forms of restraint or confinement, including tethering, fastening, chaining, tying, kenneling, or caging; and

WHEREAS, these measures include:

(1) Senate Bill No. 1222, Relating to the Humane Treatment of Pet Animals, which proposed a new misdemeanor offense prohibiting confinement of a pet animal in a cage on public property for more than four hours, with some excepted circumstances, and decreased the specified number of dogs or cats deprived of necessary sustenance necessary to constitute the offense of animal hoarding;

(2) Senate Bill No. 30, Relating to Animals, which proposed a new misdemeanor offense of dog tethering applicable to a person who tethers, fastens, chains, ties, or otherwise restrains a dog to a dog house, tree, fence, or other stationary object;

(3) Senate Bill No. 488, Relating to Animal Cruelty, which proposed to add a new subsection to section 711-1109, Hawaii Revised Statutes, applicable to a person who tethers, fastens, chains, ties, or otherwise restrains a companion animal for longer than a reasonable period of time to complete a temporary task, or for any amount of time in which the tether, fastener, chain, tie, or other restraint causes actual harm, or in a manner that endangers the animal's health, safety, or well-being or inflicts emotional distress upon the animal; and

(4) Senate Bill No. 1188, Relating to Animals, which proposed to create three new subsections in section 711-1109, Hawaii Revised Statutes, applicable to a person who: tethers, fastens, chains, ties, or otherwise restrains a dog or cat for an unreasonable period of time or in a manner that unreasonably limits movement; tethers, fastens, chains, ties, restrains, kennels, or cages a dog or cat in any manner that exposes the animal to unsafe conditions; or tethers, fastens, chains, ties, restrains, kennels or cages a dog or cat in any manner that causes exposure without shelter during periods of hazardous weather; and

WHEREAS, these measures demonstrate the need for comprehensive legislation regarding the restraint and confinement of pet animals that would not only meet the needs of the community but would consider the unique differences among the counties with regard to enforcement capabilities; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, that the Governor is requested to establish a Task Force on Humane Restraint and Confinement of Pet Animals, to examine the issues raised during the Regular Session of 2009 by Senate Bill No. 1222, S.D. 1, Senate Bill No. 30, S.D. 1, Senate Bill No. 488, and Senate Bill No. 1188; and

BE IT FURTHER RESOLVED that the membership of the task force would most appropriately include individuals recommended by the Chairpersons of the Senate Committee on Judiciary and Government Operations and the House Committee on Judiciary, as well as representatives of the following agencies and organizations, all of whom would be requested by the Governor to serve on the taskforce: prosecutor's office of each county; police department of each county; public defender's office; Hawaiian Humane Society; Hawaii Island Humane Society; Kauai Humane Society; Maui Humane Society; The Humane Society of the United States, Hawaii Chapter; and Animal Advocates, Inc.; and

BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations to this body no later than twenty days prior to the convening of the 2010 Regular Session; and

BE IT FURTHER RESOLVED that the task force is requested to include in its report:

(1) A recommendation for comprehensive legislation relating to restraint and confinement standards for pet animals;

(2) Issues with and solutions for the enforcement of the recommended legislation;

(3) Suggested amendments to the definition of "necessary sustenance" as it relates to "area of confinement" or any additional definitions, as appropriate, in section 711-1100, Hawaii Revised Statutes; and

(4) Any dissenting opinions among task force members to the recommended legislation; and

BE IT FURTHER RESOLVED that the Judiciary Center for Dispute Resolution is requested to provide administrative assistance to the task force; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor; the Prosecutor of each county; the Chief of Police of each county; the Public Defender; the President of the following entities: Hawaiian Human Society; Hawaii Island Humane Society; Kauai Humane Society; and Maui Humane Society; and Animal Advocates, Inc.

	OFFERED BY:	_____________________________

Report Title:

Pet Animals; Task Force

THE SENATE	S.R. NO.	114
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII