SB700 SD1.DOC

SECTION 1. The legislature finds that Hawaii has the highest percentage of endemic species of any state in the country and one of the highest rates found anywhere in the world. The federal Endangered Species Act of 1973 and chapter 195D, Hawaii Revised Statutes, protect any species of aquatic life, wildlife, and land plants and their habitats by listing them as endangered or threatened to determine conservation measures necessary for their continued ability to sustain themselves successfully.

However, there are indigenous species that are not deemed endangered or threatened under the Endangered Species Act of 1973 and chapter 195D, Hawaii Revised Statutes. As a result, some Hawaii indigenous species are not afforded the same federal and state protections as those listed species. For example, the Laysan albatross is listed under state administrative rules as an indigenous bird to Hawaii but is not deemed an endangered or threatened species under the Endangered Species Act of 1973 and chapter 195D, Hawaii Revised Statutes. In light of the killing of several albatrosses at Kaena point on Oahu in December 2015, the legislature finds that it is necessary to increase the legal protections for Hawaii's indigenous birds by including them under the state animal cruelty statutes.

Additionally, the legislature finds that the continual tethering or chaining of dogs is a cruel and inhumane practice that endangers dogs as well as humans. Tethering or chaining refers to the practice of keeping a dog continually tied to a stationary object. A tether, chain, or other similar restraint significantly restricts a dog's movement and can become tangled or hooked on the dog's shelter structure or other objects, thus restricting the dog's movement even further and causing injury to the dog.

Restraining a dog in this manner for short periods of time may be acceptable for purposes such as exercising, grooming, training, or taking the dog outdoors. However, continual restraint over a long period of time is cruel and inhumane and often results in the dog becoming neurotic, anxious, or aggressive, thus resulting in a greater danger to humans. Restricting this practice will make communities safer by reducing the number of dog attacks and dog bites by dogs that have been inhumanely restrained for prolonged periods of time.

The purpose of this Act is to provide further protections for indigenous birds and dogs by amending the offense of cruelty to animals in the first degree to include indigenous birds and cruelty to animals in the second degree to include the use on a dog of certain types of restraints that are considered to be cruel or inhumane.

SECTION 2. Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Indigenous bird" means any bird species living naturally in Hawaii without having been brought to Hawaii by humans."

SECTION 3. Section 711-1108.5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (1) to read:

"(1) A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly:

(a) Tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the pet animal or equine animal; [or]

(b) Kills or attempts to kill any pet animal belonging to another person, without first obtaining legal authority or the consent of the pet animal's owner[.]; or

(c) Tortures, mutilates, or poisons, or assists another in causing the torture, mutilation, or poisoning of two or more indigenous birds."

2. By amending subsection (4) to read:

"(4) Whenever any pet animal [or], equine animal, or indigenous bird is so severely injured that there is no reasonable probability that its life can be saved, the animal may be immediately destroyed without creating any offense under this section."

SECTION 4. Section 711-1109, Hawaii Revised Statutes, is amended by amending subsection (1) to read:

"(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 to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;

(b) Deprives a pet animal of necessary sustenance or causes such deprivation;

(c) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations;

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

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

(f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;

(g) Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object [by], or uses a trolley, pulley, cable, or running line designed to attach a dog to two stationary objects:

(i) If the dog is under the age of six months, unless the dog is engaged in a supervised activity;

(ii) In a configuration that:

(A) Entangles or endangers the dog;

(B) Prevents necessary sustenance to the dog;

(D) Leaves a dog restrained outdoors for more than twenty-four consecutive hours;

(iii) If the tether is shorter than ten feet in length, unless the dog is engaged in a supervised activity or is being transported;

(iv) If the restraint is a tow or log chain or is disproportionate to the size or weight of the dog; or

(v) By means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using [~~such restraints~~] a choke collar, pinch collar, or prong collar when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity; or

(h) Assists another in the commission of any act specified in subsections (1)(a) through (1)(g)."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on January 7, 2059.

THE SENATE	S.B. NO.	700
TWENTY-NINTH LEGISLATURE, 2017		S.D. 1
STATE OF HAWAII		H.D. 1
		PROPOSED