THE SENATE |
S.B. NO. |
301 |
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
A BILL FOR AN ACT
RELATING TO DOGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 142-74, Hawaii Revised Statutes, is amended to read as follows:
"§142-74 Liability of dog
owner; penalty.
(a) If any dog, while on private
property without the consent of the owner of that property, injures or destroys
any sheep, cattle, goat, hog, fowl, or other property belonging to any person
other than the owner of the dog, the owner of the dog shall be liable in
damages to the person injured for the value of the property [so] that
was injured or destroyed. The owner
of the dog shall confine or destroy the dog, and if the owner of the dog
neglects or refuses to do so, the owner of the dog, in the event of any further
damage being done to [the] any person or property of any person
by the dog, in addition to paying the person injured for the damage, shall pay
the costs of the trial together with the penalty imposed under section 142-12,
and it shall be lawful for any other person to destroy the dog.
(b) Any dog owner found liable under subsection
(a) shall be fined not less than $1,000, in addition to the penalties imposed
under subsection (a), if the dog was on private property zoned for agricultural
use when the violation occurred.
[(b)]
(c) Each county may enact and
enforce ordinances regulating persons who own, harbor, or keep any dog that has
injured, maimed, or destroyed an animal belonging to another person. No ordinance enacted under this subsection
shall be held invalid on the ground that it covers any subject or matter
embraced within any statute or rule of the State; provided that the ordinance
shall not affect the civil liability of a person owning, harboring, or keeping
the dog. Upon enactment of an ordinance,
whether enacted on, before, or after June 30, 2001, the ordinance shall have
full force and effect; provided that the ordinance is consistent with this
section."
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 Statutory material to be repealed is bracketed and stricken.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 April 23, 2057.
Report Title:
Dog Owner; Liability; Agricultural Land; Penalty
Description:
Establishes an additional penalty for a dog owner whose dog destroys property while on land zoned for agricultural use. Effective 4/23/2057. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.