SB2166

SECTION 1. The legislature finds that 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. The legislature further finds that although chickens were once limited to rural environs, 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.

The legislature further finds that 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. The legislature believes that such colonies have grown exponentially, creating a wide range of problems for farmers, ranchers, property owners, and users of transportation infrastructure, among many others. Akin to other organisms that are not endemic to the State, these feral populations have disrupted native ecosystems that evolved for millions of years without these species present.

The legislature also finds that state law establishes liability when domesticated animals, such as dogs or livestock, cause injury or trespass upon the property of others. Specifically, owners of livestock are held strictly liable when their animals enter another's land and cause damage, and owner of dogs are held strictly liable when their dogs bite or injure another person. While chickens, ungulates, and felids can and do cause similar damage to gardens, landscaping, and private property, there is currently no comparable statute addressing the damage caused by these animals that are intentionally kept, harbored, or fed by individuals.

The legislature believes that when undomesticated chickens, ungulates, and felids are deliberately fed or harbored, they become effectively domesticated animals stewarded by the individual providing food and shelter. In these circumstances, the legislature finds that it is appropriate to hold these individuals legally responsible for the resulting harm. The legislature also finds that establishing liability for damage caused by chickens, ungulates, and felids that is aligned with existing liability for damage caused by other domesticated animals will provide homeowners with clear remedies to protect their property and quality of life.

Accordingly, the purpose of this Act is to:

(1) Establish 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

(2) Require the Hawaii invasive species council to conduct a study to determine whether the harm to property caused by feral chickens amounts to classification of feral chicken as an invasive species.

SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§663- Liability for damage caused by chickens; ungulates; felids; penalty. (a) If any chicken, ungulate, or felid while on private property without the consent of the owner of that property causes:

(1) Damage to the property; or

(2) Any loss of use or enjoyment of the property, the person who keeps, feeds, or harbors the chicken, ungulate, or felid shall be liable in damages to the person injured for the value of the property injured or destroyed. The person who keeps, feeds, or harbors the chicken, ungulate, or felid shall confine or destroy the chicken, ungulate, or felid and if that person neglects or refuses to do so, that person, in the event of any further damage being done to the property of any person by the chicken, ungulate, or felid in addition to paying the person injured for damage, shall pay the costs of the trial and it shall be lawful for any other person to destroy the chicken, ungulate, or felid.

(b) Liability under this section shall be strict liability and shall not require proof of negligence.

(c) In addition to damages a prevailing party may seek injunctive relief to enjoin the defendant from continuing to feed or harbor chickens, ungulates, or felids in a manner that causes trespass or property damage.

(d) This section shall not apply to:

(1) A licensed poultry or pork producer that is in compliance with state and county laws; and

(2) The incidental feeding of chickens, ungulates, or felids in agricultural or rural areas where no nuisance or property damage is demonstrated."

SECTION 3. (a) The Hawaii invasive species council shall conduct a study to determine whether the harm to property cause by feral chickens amounts to classification of feral chicken as an invasive species.

(b) The Hawaii invasive species council shall 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.

SECTION 4. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2166
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII