Hawaii 2025 Regular Session

Hawaii House Bill HB319 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HOUSE OF REPRESENTATIVES H.B. NO. 319 THIRTY-THIRD LEGISLATURE, 2025 ~~H.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO CRUELTY TO ANIMALS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	HOUSE OF REPRESENTATIVES H.B. NO. 319 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to cruelty to animals. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		HOUSE OF REPRESENTATIVES H.B. NO. 319
4		-	THIRTY-THIRD LEGISLATURE, 2025 ~~H.D. 1~~
	4	+	THIRTY-THIRD LEGISLATURE, 2025
5	5		STATE OF HAWAII
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7	7		HOUSE OF REPRESENTATIVES
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9	9		H.B. NO.
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11	11		319
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13	13		THIRTY-THIRD LEGISLATURE, 2025
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15		-	~~H.D. 1~~
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17	17		STATE OF HAWAII
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31	31		A BILL FOR AN ACT
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37	37		relating to cruelty to animals.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. Section 711-1109, Hawaii Revised Statutes, is amended by amending ~~subsection~~ (2) to read as follows: "(2) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to: (a) Accepted veterinary practices; (b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; [or] (c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract[.]; (d) The extermination of feral chickens on private property by the property owner ~~or property lessee~~; provided that the ~~methods~~ of ~~extermination are consistent with the American Veterinary Medical Association Guidelines for Euthanasia of Animals; (e)~~ The extermination of insects, vermin, ~~or pests by the property owner or property lessee using poison as long as the poison is legally used; (f) The extermination~~ of ~~insects, vermin, or pests by the property owner or property lessee using traps as long as the traps are licensed traps that state the type of animal that is intended to be caught~~ and instructions for the trapping device are followed completely; or (g) The extermination of insects or pests by the property owner or property lessee by common accepted physical methods of insect or pest extermination." 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, 3000~~.
	47	+	SECTION 1. Section 711-1109, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows: "(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 that 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;] rules adopted by the department of agriculture; (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, or uses a trolley, trolley with swivels, pulley, cable, running line, or trolley lacking swivels at each end that is designed to attach a dog to two stationary objects in a configuration that endangers the dog, including preventing the dog from obtaining necessary sustenance; (h) Tethers or restrains a dog under the age of six months unless the dog is engaged in an activity supervised by its owner or an agent of its owner; (i) Tethers or restrains a dog by a tow or log chain; (j) Tethers or restrains by means of choke collar, pinch collar, or prong collar unless the dog is engaged in an activity supervised by its owner or an agent of its owner; or (k) Assists another in the commission of any act specified in paragraphs (a) through (j). (2) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to: (a) Accepted veterinary practices; (b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; [or] (c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract[.]; or (d) The extermination of feral chickens on private property by the property owner; provided that the extermination is conducted in accordance with standard and acceptable pest control practices and rules adopted by the department of agriculture." SECTION 2. No later than , the department of agriculture shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, concerning the humane extermination of insects, vermin, pests, and feral chickens for purposes of sections 711-1109(1)(c) and 711-1109(2)(d), Hawaii Revised Statutes. SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49		-	SECTION 1. Section 711-1109, Hawaii Revised Statutes, is amended by amending ~~subsection~~ (2) to read as follows:
	49	+	SECTION 1. Section 711-1109, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
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51		-	"(2) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to:
	51	+	"(1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:
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	53	+	(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;
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	55	+	(b) Deprives a pet animal of necessary sustenance or causes that deprivation;
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	57	+	(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;] rules adopted by the department of agriculture;
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	59	+	(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;
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	61	+	(e) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;
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	63	+	(f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;
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	65	+	(g) Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object, or uses a trolley, trolley with swivels, pulley, cable, running line, or trolley lacking swivels at each end that is designed to attach a dog to two stationary objects in a configuration that endangers the dog, including preventing the dog from obtaining necessary sustenance;
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	67	+	(h) Tethers or restrains a dog under the age of six months unless the dog is engaged in an activity supervised by its owner or an agent of its owner;
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	69	+	(i) Tethers or restrains a dog by a tow or log chain;
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	71	+	(j) Tethers or restrains by means of choke collar, pinch collar, or prong collar unless the dog is engaged in an activity supervised by its owner or an agent of its owner; or
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	73	+	(k) Assists another in the commission of any act specified in paragraphs (a) through (j).
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	75	+	(2) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to:
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53	77		(a) Accepted veterinary practices;
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55	79		(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; [or]
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57		-	(c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract[.];
	81	+	(c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract[.]; or
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59		-	(d) The extermination of feral chickens on private property by the property owner ~~or property lessee~~; provided that the ~~methods~~ of ~~extermination are consistent with the American Veterinary Medical Association Guidelines for Euthanasia of Animals;~~
	83	+	(d) The extermination of feral chickens on private property by the property owner; provided that the extermination is conducted in accordance with standard and acceptable pest control practices and rules adopted by the department of agriculture."
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61		-	~~(e)~~ The extermination of insects, vermin, ~~or pests by the property owner or property lessee using poison as long as the poison is legally used;~~
	85	+	SECTION 2. No later than , the department of agriculture shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, concerning the humane extermination of insects, vermin, pests, and feral chickens for purposes of sections 711-1109(1)(c) and 711-1109(2)(d), Hawaii Revised Statutes.
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63		-	~~(f) The extermination of insects,~~ ~~vermin, or pests by the property owner or property lessee using traps as long as the traps are licensed traps~~ that ~~state the type of animal~~ that ~~is intended to be caught~~ and ~~instructions for the trapping device are followed completely; or~~
	87	+	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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65		-	~~(g) The extermination of insects or pests by the property owner or property lessee by common accepted physical methods of insect or pest extermination~~."
	89	+	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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67		-	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~~.
	91	+	SECTION 5. This Act shall take effect upon its approval.
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69		-	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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71		-	SECTION 4. This Act shall take effect on July 1, 3000.
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73		-	Report Title: HDOA: Cruelty to Animals; Extermination; Insects; Vermin; Pests; Feral Chickens; Private Property; Exemption Description: Exempts from the crime of cruelty to animals in the second degree the extermination of insects, vermin, and pests, and the extermination of feral chickens on private property by the property owner, under certain conditions. Effective 7/1/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
	95	+	INTRODUCED BY: _____________________________
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	97	+	INTRODUCED BY:
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	99	+	_____________________________
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	105	+	Report Title: HDOA: Cruelty to Animals; Feral Chickens; Private Property; Exemption Description: Exempts from the crime of cruelty to animals in the second degree the extermination of insects, vermin, and pests, and the extermination of feral chickens on private property by the property owner; provided that the extermination is conducted in accordance with standard and acceptable pest control practices and rules adopted by the Department of Agriculture. Requires the Department of Agriculture to adopt rules, pursuant to chapter 91, Hawaii Revised Statutes, concerning the humane extermination of insects, vermin, pests, and feral chickens. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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79	113		Report Title:
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81		-	HDOA: Cruelty to Animals~~; Extermination; Insects; Vermin; Pests~~; Feral Chickens; Private Property; Exemption
	115	+	HDOA: Cruelty to Animals; Feral Chickens; Private Property; Exemption
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85	119		Description:
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87		-	Exempts from the crime of cruelty to animals in the second degree the extermination of insects, vermin, and pests, and the extermination of feral chickens on private property by the property owner~~, under certain conditions~~. ~~Effective 7/1/3000~~. ~~(HD1)~~
	121	+	Exempts from the crime of cruelty to animals in the second degree the extermination of insects, vermin, and pests, and the extermination of feral chickens on private property by the property owner; provided that the extermination is conducted in accordance with standard and acceptable pest control practices and rules adopted by the Department of Agriculture. Requires the Department of Agriculture to adopt rules, pursuant to chapter 91, Hawaii Revised Statutes, concerning the humane extermination of insects, vermin, pests, and feral chickens.
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95	129		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.