Bill Text: HI HB2725 | 2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Animals; Humane Treatment

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-05-28 - (H) Act 147, on 5/28/2010 (Gov. Msg. No. 364). [HB2725 Detail]

Download: Hawaii-2010-HB2725-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2725

TWENTY-FIFTH LEGISLATURE, 2010

H.D. 1

STATE OF HAWAII

S.D. 1

 

C.D. 1

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ANIMALS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to revise laws prohibiting the cruel treatment of pet animals by specifying the standards of care that an owner must provide a pet animal, including the type of pet enclosure and under what conditions and when veterinary care must be provided.  A pet animal is defined under section 711-1100, Hawaii Revised Statutes, as "a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or caged birds (passeriformes, piciformes, and psittaciformes only) so long as not bred for consumption.  Nothing in this Act is intended to apply to animals that are raised for food, such as any livestock or chickens that are raised for consumption or for eggs, nor to any pigs or rabbits that are raised specifically for consumption.

     SECTION 2.  Section 711-1100, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Primary pet enclosure" means any kennel, cage, or structure used to restrict only a pet animal as defined in this section to a limited area of space, and does not apply to the confinement of any animals that are raised for food, such as any poultry that is raised for meat or egg production and livestock, rabbits, or pigs that are raised specifically for meat production because these animals are not pets when raised for meat or egg production."

     2.  By amending the definition of "necessary sustenance" to read:

     ""Necessary sustenance" means care sufficient to preserve the health and well-being of a pet animal, except for emergencies or circumstances beyond the reasonable control of the owner or caretaker of the pet animal, and includes but is not limited to the following requirements:

     (1)  Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

     (2)  Open or adequate access to water in sufficient quantity and quality to satisfy the animal's needs;

     (3)  Access to protection from wind, rain, or sun; [and]

     (4)  An area of confinement that has adequate space necessary for the health of the animal and is kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health[.]; provided that the area of confinement in a primary pet enclosure must:

         (A)  Provide access to shelter;

         (B)  Be constructed of safe materials to protect the pet animal from injury;

         (C)  Enable the pet animal to be clean, dry, and free from excess waste or other contaminants that could affect the pet animal's health;

         (D)  Provide the pet animal with a solid surface or resting platform that is large enough for the pet animal to lie upon in a normal manner, or, in the case of a caged bird a perch that is large enough for the bird to perch upon in a normal manner;

         (E)  Provide sufficient space to allow the pet animal to, at minimum, do the following:

              (i)  Easily stand, sit, lie, turn around, and make all other normal body movements in a comfortable manner for the pet animal, without making physical contact with any other animal in the enclosure; and

             (ii)  Interact safely with other animals within the enclosure;

and

     (5)  Veterinary care when needed to prevent suffering."

     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 January 1, 2011.



Report Title:

Animals; Humane Treatment

 

Description:

Amends the definition of "necessary sustenance" with regard to pet animals.  Adds a definition for "primary pet enclosure".  (HB2725 CD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

 

 

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