STAND. COM. REP. NO.  852

 

Honolulu, Hawaii

                , 2021

 

RE:   H.B. No. 416

      H.D. 2

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 416, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO SECTION 711-1109, HAWAII REVISED STATUTES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

     (1)  Amend the offense of cruelty to animals in the second degree to  prohibit certain restraints and tethers that endanger or deny sustenance to a dog; and

 

     (2)  Authorize the court to assess fines, order performance of community service, require mental health counseling, or order attendance at education classes concerning animal abuse prevention in addition to other penalties.

 

     Your Committee received testimony in support of this measure from the Hawaiian Humane Society, Domestic Violence Hurts Animals and People, Animal Interfaith Alliance in Britain, Pono Advocacy, The Humane Society of the United States, Aloha Animal Advocates, Hawaii Association of Animal Welfare Agencies, Rainbow Friends Animal Sanctuary, and numerous individuals.

 

     Your Committee finds that constant and improper tethering or restraint puts a dog's health and safety at risk.  Your Committee further finds that vagueness in existing law makes it difficult for law enforcement officers to take action before an improperly tethered or restrained dog has suffered serious injury or death.  This measure establishes clear guidelines for dog owners and law enforcement officers for what constitutes proper tethering.

 

     Your Committee has amended this measure by:

 

     (1)  Amending the additional penalties a court may order a person convicted of an offense of cruelty to animals in the second degree to only include attendance at educational classes concerning animal abuse prevention; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 416, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 416, H.D. 2.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair