HOUSE OF REPRESENTATIVES

H.B. NO.

1334

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FERAL ANIMALS.

 

 

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

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

feral animals council

     §   -1  Definitions.  As used in this chapter, unless the context requires otherwise:

     "Council" means the feral animals council.

     "Department" means any entity that is a member of the feral animals council established under section    -2(a).

     "Feral animal" means any land mammal living in a wild or free-ranging state not under domestication; provided that this term shall not include cats.

     §   -2  Establishment of council; duties.  (a)  There is established the feral animals council for the special purpose of providing policy level direction, coordination, and planning among state departments, federal agencies, and local initiatives for the control of harmful feral animal populations throughout the State.  The council shall:

     (1)  Maintain a broad overview of the feral animal problem in the State;

     (2)  Advise, consult, and recommend feral animal control options and efforts with and between the departments of agriculture, land and natural resources, health, and transportation, as well as state, federal, and privately organized programs and policies;

     (3)  Identify and prioritize each lead agency's organizational and resource shortfalls with respect to feral animals;

     (4)  After consulting with appropriate state agencies, create and implement a plan that includes the prevention, early detection, rapid response, control, enforcement, and education of the public with respect to feral animals;

     (5)  Identify and record all feral animal species present in the State;

     (6)  Identify all state, federal, and other moneys expended for the purposes of control of feral animal populations in the State;

     (7)  Identify all federal and private funds available to the State for feral animal control and advise and assist state departments to acquire these funds;

     (8)  Advise the governor and legislature on budgetary and other issues regarding feral animal control;

     (9)  Coordinate with the counties to increase resources and funding and to address county-sponsored activities that involve feral animal control;

    (10)  Review state agency mandates and commercial interests that may support the maintenance of potentially destructive feral animal species as resources for hunting;

    (11)  Suggest appropriate legislation to improve the State's administration of feral animal control programs and policies; and

    (12)  Perform any other function necessary to effectuate the purposes of this chapter.

     (b)  The council shall be placed within the department of land and natural resources for administrative purposes only and shall be composed of:

     (1)  The chairperson of the board of land and natural resources, or the chairperson's designee;

     (2)  The chairperson of the board of agriculture, or the chairperson's designee;

     (3)  The director of transportation, or the director's designee;

     (4)  The director of health, or the director's designee;

     (5)  Professional animal control specialists from each county; and

     (6)  Representatives of federal agencies, the legislature, and members of the private sector, who shall be asked to participate or consulted for advice and assistance as needed.

     (d)  The council shall meet no less than twice annually to discuss and assess progress and recommend changes to feral animal programs based on results of current risk assessments, performance standards, and other relevant data.  Notwithstanding any law to the contrary:

     (1)  A simple majority of voting members of the council shall constitute a quorum to do business; and

     (2)  Any action taken by the council shall be by a simple majority of the voting members.

     (e)  The council shall submit a report of its activities, findings, and recommendations, including budgetary issues, to the governor and legislature not later than twenty days prior to the convening of each regular session.

     §   -3  Lead agencies; accountability.  The department of land and natural resources shall be the lead agency with respect to feral animal control and shall:

     (1)  Coordinate all efforts between other departments, county, and federal agencies, and private organizations to control designated feral animal populations; provided that all reasonable efforts shall be made to minimize the destruction of feral animals;

     (2)  Prepare a biennial multidepartmental budget proposal for the legislature not later than forty days before the convening of the regular session of the legislature in each odd-numbered year, showing the budget requirements for the lead agency and each assigned agency's feral animal control programs and operations, including the status of each assigned function; provided that the proposed budgets shall take into account any federal and private funding that is anticipated for feral animal control; and

     (3)  Any other function necessary to effectuate the purposes of this chapter.

     §   -4  Relation of chapter to other laws.  Notwithstanding any other law to the contrary, and in addition to any other authority provided by law that is not inconsistent with the purposes of this chapter, a department is authorized to examine, control, or relocate feral animal species identified by the council and found on any public or private premises in the State; provided that all reasonable efforts shall be made to minimize the destruction of feral animals.

     §   -5  Entry; private property.  (a)  Whenever any feral animal species identified by the council for control is found on private property, a department may enter the premises to control or relocate the feral animal species after reasonable notice is given to the owner of the property and, if entry is refused, pursuant to the court order in subsection (d).

     (b)  If applicable, a duplicate of the notice given pursuant to subsection (a) shall be left with one or more of the tenants or occupants of the premises.  If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner, if residing in the State.  If the owner resides out of the State or cannot be expeditiously provided with notice, notice left at the house or posted on the premises shall be sufficient.

     (c)  The department may instead cause notice to be given, and order the owner to control or relocate the feral animal species, if the species was intentionally or knowingly established by the owner on the owner's property and not naturally dispersed from neighboring properties, at the owner's expense within such reasonable time as the department may deem sufficient, pursuant to the notice requirements of this section.

     (d)  If a notified owner fails to comply with the order of the department, or its agent, within the time specified by the department, or if entry is refused after notice is given pursuant to subsection (a) and, if applicable subsection (b), the department or its agent may apply to the district court of the circuit in which the property is situated for a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid and to assist the department member or its agent in gaining entry onto the premises, and executing measures to control or relocate the feral animal species.

     (e)  The department may recover, by appropriate proceedings, the expenses incurred by its order from any owner who, after proper notice, has failed to comply with the department's order.

     (f)  In no case shall the department or any officer or agent thereof be liable for costs in any action or proceeding that may be commenced pursuant to this chapter.

     §   -6  Entry; public property.  (a)  Whenever any feral animal species identified by the council for control or relocation is found on state or county property or on a public highway, street, lane, alley, or other public place controlled by the State or county, notice shall be given by the department or its agent, as the case may be, to the person officially in charge thereof, and the person shall be reasonably notified and ordered by the department to control or relocate the feral animal species.

     (b)  In case of a failure to comply with the order, the mode of procedure shall be the same as provided in case of private persons in section    -5.

     §   -7  Rules.  The feral animals council may adopt rules pursuant to chapter 91, to implement and enforce this chapter."

     SECTION 2.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Feral Animals Council

 

Description:

Establishes the feral animals council for the special purpose of providing policy level direction, coordination, and planning among state departments, federal agencies, and local initiatives for the control of harmful feral animal populations throughout the State.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.