SB754.DOC

SECTION 1. The legislature finds that the continual tethering or chaining of dogs is a cruel and inhumane practice that endangers dogs as well as people. Tethering or chaining refers to the practice of keeping a dog continually tied to a stationary object. A tether, chain, or other similar restraint significantly restricts a dog's movement and can become tangled or hooked on the dog's shelter structure or other objects, thus restricting the dog's movement even further and causing injury.

While restraining a dog in this manner for short periods of time may be acceptable for purposes such as exercising, training, or taking the dog outdoors, continual restraint over a long period of time often results in the dog becoming neurotic, anxious, and aggressive. For this reason alone, allowing dogs to be continually tethered or chained poses a greater danger to people, whereas restricting this practice makes communities safer by reducing the number of dog attacks and dog bites.

The legislature further finds that the cruelty to animals offenses under section 711-1109(f) and (g), Hawaii Revised Statutes, respectively, make it a misdemeanor to confine a pet animal in a kennel or cage in a cruel or inhumane manner, or leave a dog unsupervised while tethered to a stationary object by means of a choke collar, pinch collar, or prong collar. The legislature believes, however, that additional and enhanced protections are needed to effectively prevent dog injuries and deaths caused by the improper use of tethers and other methods of restraint.

The purpose of this Act is to improve the health, safety, and welfare of dogs, and protect the public as well, by prohibiting tethers and certain other types of restraints that are known to endanger dogs or prevent dogs from receiving "necessary sustenance" as defined in section 711-1100, Hawaii Revised Statutes. It is the intent of the legislature that this Act not apply to situations where a dog is temporarily restrained on public property, such as outside a store or restaurant, nor to situations where dogs are temporarily restrained in order to comply with any state or county requirement.

SECTION 2. Section 711-1109, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (1) to read:

"(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 [~~such~~] that deprivation;

(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;

(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;

(f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;

(g) Tethers, fastens, ties, or otherwise restrains a dog to a doghouse, tree, fence, or any other stationary object [by], or uses a trolley, pulley, cable, or running line designed to attach a dog to two stationary objects:

(i) By means of a choke collar, pinch collar, or prong collar;

(ii) In a manner that:

(A) Entangles or endangers a dog;

(B) Prevents a dog from receiving necessary sustenance; or

(iii) If the dog is under the age of six months, unless the dog is engaged in a supervised activity;

(iv) If the restraint is shorter than ten feet in length, unless the dog is engaged in a supervised activity;

(v) If the restraint is a tow or log chain or other device not designed for restraining a dog; or

(vi) If the restraint weighs more than one-eighth of the dog's body weight;

provided that a person is not prohibited from using [~~such restraints~~] a choke collar, pinch collar, or prong collar when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity; or

(h) Assists another in the commission of any act specified in subsections (1)(a) through (1)(g)."

2. By amending subsection (4) to read:

"(4) Cruelty to animals in the second degree is a misdemeanor, provided that paragraph (1)(g) shall be punishable in the following manner:

(a) For the first offense, a fine of not less than $100; and

(b) For any subsequent offense, a fine of not less than $200, imprisonment not exceeding six months, impoundment of the dog at the expense of the owner or person having custody of the dog pending compliance with this section, forfeiture of the dog, or any combination thereof;

except where the offense involves ten or more pet animals in any one instance which is a class C felony."

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.

SECTION 5. This Act shall take effect on July 1, 2017.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	754
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII