HB319 • 2026

RELATING TO CRUELTY TO ANIMALS.

Agriculture Crime Healthcare

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: CHUN, KAHALOA, KILA, LAMOSAO, TAKENOUCHI
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

The bill's text does not provide specific details on when the Department of Agriculture must create new rules for humane extermination.

Exemption from Animal Cruelty Laws for Pest Control

This bill allows property owners to exterminate insects, vermin, pests, and feral chickens on their private land without breaking animal cruelty laws if they follow proper pest control practices.

What This Bill Does

Changes the definition of animal cruelty in Hawaii law to include an exemption for certain types of pest control activities.
Allows property owners to exterminate insects, vermin, pests, and feral chickens on their private land without breaking animal cruelty laws if they follow proper pest control practices.
Requires the Department of Agriculture to create rules about humane ways to get rid of these animals.

Who It Names or Affects

Property owners who want to control pests on their land
The Department of Agriculture, which must make new rules for pest control

Terms To Know

Cruelty to Animals in the Second Degree: A crime that involves hurting or neglecting animals.
Pest Control Practices: The methods used to get rid of insects, vermin, and other pests safely and humanely.

Limits and Unknowns

This bill does not specify when the new rules for humane extermination must be made.
It is unclear how this law will affect existing pest control practices or regulations.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment adds new exemptions to the law about cruelty to animals, allowing property owners to exterminate certain pests and feral chickens under specific conditions.

Adds an exemption for property owners to exterminate insects, vermin, or pests using poison, traps, or common physical methods as long as they follow legal guidelines.
Includes a provision that allows the extermination of feral chickens on private property by the owner or lessee if done according to American Veterinary Medical Association Guidelines.

The amendment specifies future effective date (July 1, 3000), which is likely an error and may need correction.
Details about what constitutes 'common accepted physical methods' are not provided in the text.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-02-14 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi, Poepoe, Ward excused (4).
2025-02-14 H
Reported from AGR (Stand. Com. Rep. No. 638) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2025-02-12 H
The committee on AGR recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Kahaloa, Kusch, Lowen, Perruso, Quinlan; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Ward.
2025-02-07 H
Bill scheduled to be heard by AGR on Wednesday, 02-12-25 9:30AM in House conference room 325 VIA VIDEOCONFERENCE.
2025-01-21 H
Referred to AGR, JHA, referral sheet 1
2025-01-17 H
Introduced and Pass First Reading.
2025-01-16 H
Pending introduction.

Official Summary Text

RELATING TO CRUELTY TO ANIMALS.
HDOA: Cruelty to Animals; Extermination; Insects; Vermin; Pests; Feral Chickens; Private Property; Exemption
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)

Current Bill Text

Read the full stored bill text

HB319

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:

����
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;

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(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;

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(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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(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;

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(i)
�
Tethers or
restrains a dog by a tow or log chain;

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(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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(k)
�
Assists another in
the commission of any act specified in paragraphs (a) through (j).

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(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
]

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(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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(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.

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SECTION 5.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

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.