Bill Text: HI HB702 | 2016 | Regular Session | Introduced
Bill Title: Hope's Law; Animal Cruelty; Liability; Dog License; Microchip
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB702 Detail]
Download: Hawaii-2016-HB702-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
702 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that existing state law does not require dog owners to notify officials upon transfer of ownership. Furthermore, persons who implant microchips in their dogs are not required to keep the information on the chip updated. Consequently, it can often be difficult to track the chain of ownership if a dog has been transferred multiple times. This, in turn, hinders the ability to hold accountable those who abandon their dogs or perpetrate acts of animal cruelty.
A recent example of a case that fell through the cracks is that of Hope, a dog that was found on the side of a road in Nanakuli and taken to a local veterinary hospital. Hope was in such bad health upon arrival that a cruelty report was immediately filed with the Honolulu police department. Hope spent sixty-two days in hospital care, as she was severely emaciated, had massive organ failure, and suffered from tick-borne diseases, among other things.
While Hope was convalescing, volunteers diligently worked to get the cruelty case heard. A reward was issued for the person responsible, neighborhoods were canvassed, and Hope's story was told by local media outlets. The man whose name was registered to Hope's microchip informed law enforcement officials that he had sold her, but could not provide the name of the buyer. Further investigation discovered that ownership of Hope had changed multiple times.
Ultimately, Hope died of complications directly related to the abuse she suffered. However, due to holes in Hawaii's current animal cruelty laws, no person was punished or held accountable.
Accordingly, the purpose of this Act is to:
(1) Require persons holding a dog license to notify the director of finance if ownership of the dog is transferred;
(2) Require persons holding a dog license to provide microchip information to the director of finance; and
(3) Extend criminal liability to the owner of a dog that has been deprived of sustenance.
SECTION 2. This Act shall be known and may be cited as "Hope's Law."
SECTION 3. Chapter 143, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§143- Procedure for transfer of licensed dogs. (a) A person who holds a dog license shall give notice to the director of finance of the transfer of the dog within fourteen days of the transfer. Notice shall be in a form provided by the director of finance and shall include:
(1) All information required for licensing under section 143-4; and
(2) The name and address of the transferee.
The director of finance shall terminate the person's dog license upon receipt of the notice of transfer of the dog.
(b) If a person fails to give notice of transfer of a dog to the director of finance as required by this section, the person shall retain all liability and the person shall be liable for any acts of animal cruelty pursuant to section 711-1109(1)(b).
§143- Microchip information. A person who seeks or holds a dog license for a dog with a microchip shall provide the director of finance with the dog's microchip identification number at the time the person applies for the license or, if the microchip is obtained thereafter, within fourteen days from when the microchip is obtained for the dog."
SECTION 4. Section 711-1109, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"§711-1109 Cruelty to animals in the second degree. (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 deprivation; provided that:
(i) A person who abandons a dog, which abandonment results in the dog being deprived of necessary sustenance, shall be in violation of this section; provided further that a person shall not be considered to have abandoned a dog if the person finds a dog running at large and delivers the dog to an animal control officer, a duly incorporated humane society, or a duly incorporated society for the prevention of cruelty to animals; and
(ii) The owner of a dog that has been deprived of necessary sustenance shall also be in violation of this section, regardless of whether the owner directly caused the deprivation. For purposes of this paragraph, the term "owner" includes the person who most recently held the license on the dog and the person who most recently registered microchip information for the dog, pursuant to chapter 143;
(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 restrains a dog to a doghouse, tree, fence, or any other stationary object by means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using such restraints 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)] paragraphs
(a) through [(1)(g).] (g)."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Hope's Law; Animal Cruelty; Liability; Dog License; Microchip
Description:
Extends criminal liability to the owner of a dog that has been deprived of sustenance. Requires persons holding a dog license to provide notification if ownership of the dog is transferred. Requires persons holding a dog license to provide microchip information.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
