URGING THIS BODY TO INTRODUCE AND PASS LEGISLATION TO ESTABLISH STRICT LIABILITY FOR INDIVIDUALS WHO KEEP, HARBOR, OR FEED CERTAIN ANIMALS IN A MANNER THAT RESULTS IN DAMAGE TO PROPERTY.

SCR71

THE SENATE

S.C.R. NO.

71

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

URGing THIS BODY TO INTRODUCE AND PASS LEGISLATION TO
ESTABLISH STRICT LIABILITY for individuals who keep, harbor, or feed certain
animals in a manner that results in damage to property
.

����
WHEREAS, the
proliferation of feral and free-ranging chickens in residential and urban
communities across the State is a nuisance that disrupts residents living in
these areas; and

����
WHEREAS, chickens
were once limited to rural environs, but now unchecked feeding and harboring of
these animals by some residents have led to significant property damage,
neighborhood disputes, and the spread of nuisance conditions that erode the
health, safety, and quiet enjoyment of the State's communities; and

����
WHEREAS, abundant
feral chicken populations tend to coalesce into feral colonies and produce
negative impacts similar to those of feral ungulates, including goats, sheep,
and pigs, and felids; and

����
WHEREAS, such
colonies have grown exponentially, creating a wide range of problems for
farmers, ranchers, property owners, and users of transportation infrastructure,
among many others; and

����
WHEREAS,
these feral populations have disrupted native ecosystems that evolved for
millions of years without these species present; and

����
WHEREAS, state
law establishes liability when domesticated animals, such as dogs or livestock,
cause injury or trespass upon the property of others; and

����
WHEREAS, despite
their ability to damage gardens, landscaping, and private property, there is
currently no comparable statute addressing the damage caused by chickens,
ungulates, and felids that are intentionally kept, harbored, or fed by
individuals; and

����
WHEREAS, undomesticated
chickens, ungulates, and felids that are deliberately fed or harbored become
effectively domesticated animals stewarded by the individual providing food and
shelter; and

����
WHEREAS, establishing
penalties for damage caused by chickens, ungulates, and felids will protect homeowners'
property and quality of life; now, therefore,

����
BE IT
RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, the House of Representatives concurring, that this
body is urged to introduce and pass legislation establishing strict liability for
individuals who keep, harbor, or feed chickens, ungulates, or felids in a
manner that results in the animals damaging the property of another individual;
and

����
BE IT FURTHER
RESOLVED that the Hawaii Invasive Species Council is requested to conduct a
study to determine whether the harm to property caused by feral chickens
amounts to classification of feral chickens as an invasive species; and

����
BE IT FURTHER
RESOLVED that the Hawaii Invasive Species Council is requested to submit a
report of its findings and recommendations, including any proposed legislation,
to the Legislature no later than twenty days prior to the convening of the
Regular Session of 2027; and

����
BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to the
Co-Chairpersons of the Hawaii Invasive Species Council.

OFFERED BY:

_____________________________

Report Title:
�

Property
Damage; Chickens; Ungulates; Felids; Penalties; Study; Report