HOUSE OF REPRESENTATIVES

H.R. NO.

95

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

HOUSE RESOLUTION

 

 

requesting THE GOVERNOR TO ESTABLISH a task force to REVIEW AND examine hawaii's animal cruelty laws.

 

 

 


     WHEREAS, the humane treatment of animals is a reflection of a civilized society; and

 

     WHEREAS, each legislative session, concerned individuals come forward to seek the introduction of legislation prohibiting acts of cruelty and neglect toward animals to address situations that have arisen in their communities; and

 

WHEREAS, despite the enactment of several animal cruelty offenses, local humane societies, law enforcement agencies, and animal protection groups continue to receive alarming reports of acts of cruelty to animals; and

 

     WHEREAS, in the Regular Sessions of 2013 and 2014, a number of animal cruelty measures were introduced, including:

 

(1)    S.B. No. 8 (2013): proposed prohibiting pet animal owners and the owners' employees from performing surgical procedures like cropping or docking on pet animals, with certain exceptions;

 

(2)    S.B. No. 277 (2013): proposed creating a mandatory state registry for persons convicted of felony animal abuse and community notification of animal abusers physically present in the State for a period in excess of 21 days;

 

(3)    S.B. No. 414 (2013): proposed the following

 

          (A)  Defining the term "dog breeder";

          (B)  Requiring dog breeders to meet minimum standards of care and not place certain types of dogs in the same enclosure to ensure the proper treatment and care of dogs and the dogs' offspring;

 

          (C)  Prohibiting any person from owning or having custody of more than 30 dogs over the age of one year with intact sexual organs; and

 

(D)  Requiring dog breeders to maintain specific written records for each dog for a specified period;

 

(4)    H.B. No. 1186 (2013): proposed prohibiting persons convicted of cruelty to animals in the first degree and second degree from possessing, owning, or residing with any pet animal for a minimum of five years and one year, respectively, from the date of conviction;

 

(5)    S.B. No. 2026 and H.B. No. 2368 (2014):  proposed prohibiting the slaughter or trafficking of dogs or cats for human consumption; and

 

(6)    H.B. No. 2599 (2014): proposed the following:

 

          (A)  Requiring a person holding a dog license to notify the Director of Finance if the dog is transferred;

 

          (B)  Establishing vicarious criminal liability where the original licensee fails to notify the Director of Finance for harm to the dog after transfer;

 

          (C)  Requiring a dog license holder for a dog with a microchip to provide the microchip number to the Director of Finance; and

 

          (D)  Requiring the Director of Finance to establish a database for microchip numbers and other identifying information; and

 

     WHEREAS, the introduction of measures like these and the continued reports of abuse against animals demonstrates that a review of current state laws on animal cruelty is timely and appropriate and that there is a need for comprehensive legislation regarding animal cruelty to address the concerns of the community; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, that the Governor is requested to establish the Task Force on the Humane Treatment of Animals (Task Force) to review and examine Hawaii's animal cruelty laws; and

 

     BE IT FURTHER RESOLVED that the membership of the Task Force consist of the following members to serve at the request of the Governor:

 

     (1)  Individuals recommended by the prosecutor's office of each county;

 

     (2)  One member with law enforcement experience specifically dealing with animal cruelty cases;

 

     (3)  One member from the Office of the Public Defender;

 

     (4)  One member from the field of veterinary medicine;

 

     (5)  One member from a national animal advocacy organization;

 

     (6)  One member from an animal advocacy organization that provides emergency response to cases of animal cruelty involving dogs, such as K9 Kokua;

 

     (7)  One member from an animal advocacy organization that provides emergency response to animal cruelty cases involving cats;

 

     (8)  One member from an animal advocacy organization that provides emergency response to animal cruelty cases involving horses and livestock;

 

     (9)  One member from an animal advocacy organization that provides emergency response to animal cruelty cases involving monk seals;

    (10)  One member from an animal advocacy organization that provides emergency response to animal cruelty cases involving birds; and

 

    (11)  Two members of the public; and

 

     BE IT FURTHER RESOLVED that the Task Force submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2015; and

 

     BE IT FURTHER RESOLVED that the Task Force include in its report:

 

     (1)  An examination of current animal cruelty laws, particularly as they relate to animal abandonment, the establishment of a registry of persons convicted of felony animal abuse, and the treatment of dead companion animals;

 

     (2)  Issues identified and solutions proposed for the enforcement of any proposed legislation; and

 

     (3)  Any dissenting opinions among Task Force members to any proposed legislation; and

 

     BE IT FURTHER RESOLVED that the Judiciary provide administrative assistance to the Task Force; and
     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Administrative Director of the Courts, Prosecutor of each county, and Public Defender.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Animal Cruelty; Task Force