THE SENATE	S.B. NO.	2800
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to offenses against public order.

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

     SECTION 1.  Section 711-1100, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Primary pet enclosure" means any kennel, cage, or structure used to restrict an animal to a limited area of space."

     2.  By amending the definition of "necessary sustenance" to read:

     ""Necessary sustenance" means care sufficient to preserve the health and well-being of a pet animal, except for emergencies or circumstances beyond the reasonable control of the owner or caretaker of the pet animal, and includes but is not limited to the following requirements:

     (1)  Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

     (2)  Open or adequate access to water in sufficient quantity and quality to satisfy the animal's needs;

     (3)  Access to protection from wind, rain, or sun; [and

(4) An area of confinement that has adequate space necessary for the health of the animal and is kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health.]

(4) An area of confinement in a primary pet enclosure that:

(A) Provides access to shelter;

(B) Is constructed of safe materials;

(C) Protects the animal from injury;

(D) Enables the animal to be clean, dry, and free from excess waste or other contaminants that could affect the animal's health;

(E) Provides the animal with a solid surface or resting platform that is large enough for the animal to lie upon in a normal manner;

(F) Provides sufficient space to allow the animal to, at minimum, do the following:

(i) Easily stand, sit, lie, turn around, and make all other normal body movements in a comfortable manner for the animal, without making physical contact with any other animal in the enclosure; and

(ii) Interact safely with other animals within the enclosure; and

(5) Veterinary care when needed to prevent suffering."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2010.

INTRODUCED BY:

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Report Title:

Pet Animals

Description:

Amends the definition of "necessary sustenance" with regard to pet animals.  Adds a definition for "primary pet enclosure".

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