HOUSE OF REPRESENTATIVES	H.B. NO.	493
TWENTY-SEVENTH LEGISLATURE, 2013		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ANIMAL CRUELTY.

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

SECTION 1. The legislature finds that it is important to protect pet animals from cruel treatment and prevent pet animals from enduring unnecessary or prolonged suffering. Steel-jawed leg-hold traps were originally designed to capture fur-bearing animals such as bears, foxes, beavers, and other animals that are not present in Hawaii. Snares and foot- or leg-hold traps were designated to capture other non-domesticated animals.

Unfortunately, domesticated pet animals are frequent

victims of snares and may also become victims of steel-jawed

leg-hold, conibear, or foot- or leg-hold traps. Cases have been reported of dogs and cats found dead or severely injured after being caught in these devices or chewing off their own limbs in an attempt to escape these devices.

The legislature further finds that existing laws and

administrative rules do not prohibit or regulate the use of

steel-jawed leg-hold, conibear, foot- or leg-hold traps or

snares, all of which can be easily purchased on the Internet.
The purpose of this Act, therefore, is to:

(1) Establish a reporting requirement for any dog or cat captured or killed in any steel-jawed leg-hold trap, snare, conibear trap, or foot- or leg-hold trap;

(2) Establish an animal cruelty offense for the use of snares, conibear traps, and foot- or leg-hold traps in residential areas and the use of steel-jawed leg-hold traps;

(3) Provide exemptions from the offense for certain activities carried out by state and federal agencies; and

(4) Establish the offense as a misdemeanor.

SECTION 2. Chapter 143, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§143- Reporting of dog or cat captured or killed in snare or trap. Any dog or cat captured or killed in any steel-jawed leg-hold trap, snare, conibear trap, or foot- or leg-hold trap, as those terms are defined in section 711- , in an area zoned as residential shall be immediately checked for identification and reported to a county animal control officer, and upon request, shall be turned over to the animal control officer."

SECTION 3. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§711- Cruelty to animals by trapping. (1) A person commits the offense of cruelty to animals by trapping if the person intentionally, knowingly, or recklessly uses, sets, or maintains:

(a) A steel-jawed leg-hold trap; or

(b) A snare, conibear trap, or foot- or leg-hold trap in an area zoned as residential or any other area where such trap is prohibited by law or rule; except under the situations described in subsection (2).

(2) Subsection (1) shall not apply to employees of state or federal agencies, or persons acting as a designated cooperator or an agent of the State, who are carrying out activities required under a management plan approved by state or federal agencies, pursuant to a mandatory statutory duty for the protection of species listed as threatened or endangered species, or other wildlife species protected by law, or for the protection of public health, safety, or property.

(3) As used in this section:

"Conibear trap" means a contrivance consisting of metal or steel designed to kill by crushing the body or severing the spinal cord of any animal.

"Foot- or leg-hold trap" means a contrivance consisting of metal or steel that is off-set, padded or laminated, and is designed to capture and hold any animal by foot and limb.

"Snare" means a contrivance consisting of a noose, regardless of material, designed to capture, trap, or kill any animal or hold any animal by foot, limb, or neck.

"Steel-jawed leg-hold trap" means a spring-powered contrivance that captures or holds the limb of an animal by exerting a lateral force with fix-mounted jaws.

(4) Cruelty to animals by trapping is a misdemeanor."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.