STAND. COM. REP. NO.  713-16

Honolulu, Hawaii

                , 2016

RE:   H.B. No. 1592

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 1592 entitled:

"A BILL FOR AN ACT RELATING TO ANIMALS,"

begs leave to report as follows:

The purpose of this measure is to prevent the cruel treatment of animals by:

     (1)  Prohibiting the deprivation of adequate shelter for an animal;

     (2)  Prohibiting tethers and restraints that endanger or unreasonably restrict the movements of a dog; and

     (2)  Establishing penalties for the first and subsequent repeated violations of the offense of cruelty to animals in the second degree.

The West Hawaii Humane Society, Molokai Humane Society, and numerous concerned individuals testified in support of this measure.  The Honolulu Police Department, Hawaii Cattlemen's Council, Inc., Animal Rights Hawaii, The Humane Society of the United States, Hawaiian Humane Society, Pacific Pet Alliance, and several concerned individuals provided comments.

     Your Committee notes the community's support for a prohibition on the unreasonable tethering or restraints on dogs that are cruel or dangerous.  However, the measure must be practical to enforce and must not restrict supervised tethering practices that do not endanger the dog.

     Your Committee has amended this measure by:

     (1)  Deleting the term "adequate shelter" and its definition and instead using the phrase "necessary sustenance", a term that is defined by section 711-1100, Hawaii Revised Statutes;

     (2)  Clarifying the types of restraints and tethers on dogs that are prohibited and making an exception for dogs that are engaged in supervised activities;

     (3)  Establishing the penalties for using the prohibited restraints and tethers on dogs; and

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     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 H.B. No. 1592, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1592, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

KARL RHOADS, Chair