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HB363
HOUSE OF REPRESENTATIVES
H.B. NO.
363
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to animals
.
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
or cat
owner;
penalty.
�
(a)
�
If
any dog[
,
]
or cat,
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[
,
]
or cat,
the owner of the dog
or cat
shall be
liable in damages to the person injured for the value of the property so
injured or destroyed.
�
The owner of the
dog
or cat
shall confine or destroy the dog[
,
]
or cat,
and
if the owner of the dog
or cat
neglects or refuses to do so, the owner
of the dog[
,
]
or cat,
in the event of any further damage being
done to the person or property of any person by the dog[
,
]
or cat,
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[
.
]
or cat.
����
(b)
�
Each county may enact and enforce ordinances regulating [
persons who
own, harbor, or keep
]
owners of
any dog
or cat
that has
injured, maimed, or destroyed [
an
]
:
����
(1)
�
An
animal
belonging to another person[
.
]
;
����
(2)
�
Any t
hreatened
or endangered species; or
����
(3)
�
An animal protected
by the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712), as amended.
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[
.
]
or cat.
�
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.
����
(c)
�
As used in this section, "owner" means any person who owns,
keeps, feeds, or harbors a dog or cat.
"
����
SECTION
2
.
�
Section 183D-1,
Hawaii Revised Statutes, is amended by amending the definition of
"predators" to read as follows:
����
""Predators" means
animals destructive of wildlife by nature of their predatory habits, including
mongooses, cats, dogs, and [
rats.
]
rodents.
"
����
SECTION
3
.
�
Section
183D-62, Hawaii Revised Statutes, is amended to read as follows:
����
"
�183D-62
�
Taking, injuring, or
destroying wild birds
; taking, injuring or destroying native birds by pet
animals;
prohibited.
�
(a)
�
Except as provided in section 183D-61, no person shall intentionally,
knowingly, or recklessly take, catch, injure, kill, or destroy, or attempt to
take, catch, injure, kill, or destroy, any wild bird, or to keep or have
possession of any wild bird, dead or alive, or to damage or destroy a nest of
any wild bird.
����
(b)
�
The taking, injuring, or destroying of a
native bird or its nest, excluding any species listed as introduced or
injurious by title 13, chapter 124 of the Hawaii Administrative Rules, and
feral chickens, by an individual's pet animal, such as a dog or cat, is
prohibited and the owner of any such pet animal shall be held liable for any
such taking, injuring, or destroying of a native bird or its nest.
�
As used in this subsection, "owner"
means any person who owns, keeps, feeds, or harbors a dog or cat.
"
����
SECTION
4
.
�
Section
183D-65, Hawaii Revised Statutes, is amended to read as follows:
����
"
�183D-65
�
Posting; destruction of
predators.
�
(a)
�
On any game management area, public hunting
area, or forest reserve or other lands under the jurisdiction of the
department, predators deemed harmful to wildlife by the department may be
destroyed by any means deemed necessary by the department.
����
(b)
�
Where the predators are dogs and the methods of destruction may endanger
pets or hunting dogs, all major points of entrance into the area where the
predators are to be destroyed shall be posted with signs indicating that a
program of predator destruction in the area is in progress.
�
Any predator may be destroyed in a posted
area without claim or penalty whether or not the predator is the property of
some person.
����
(c)
�
It shall be unlawful for an individual to
release, feed, water, or otherwise care for any unrestrained predator on state
lands under the jurisdiction of the department.
�
An individual who violates this subsection
shall be assessed an administrative fine of not less than:
����
(1)
�
$100 for a
first violation;
����
(2)
�
$500 for a
second violation; and
����
(3)
�
$1,000 for a
third or subsequent violation.
����
This subsection shall not apply
to hunters who deploy, feed, or water unrestrained dogs in the course of
hunting or to individuals operating as part of a duly permitted program by the department
to trap and permanently remove predators from state lands.
"
����
SECTION 5.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
����
SECTION 6.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
����
SECTION 7.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Animals;
Cat Owner Liability; Wildlife Protection; Native Birds; Care of Predators on
State Lands; DLNR; Prohibition; Fines
Description:
Establishes
cat owner liability for harm to property or native birds.
�
Prohibits the care of predators on state
lands under the jurisdiction of the Department of Land and Natural Resources.
�
Establishes administrative fines.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.