Update: On 2/1/24, HB 2058 was passed with amendments. It will likely next be considered by the House Finance Committee.
Tomorrow, Thursday, February 1, 2024, the Hawai’i House Judiciary and Hawaiian Affairs Committee is scheduled to consider House Bill 2058, which seeks to significantly expand the state’s dangerous dog law.
The American Kennel Club (AKC) is concerned that the bill’s proposed enforcement processes do not provide appropriate opportunities for an owner to appeal a declaration of their dog as dangerous, spay/neuter requirements as an automatic operation of law, or the automatic forfeiture of ownership if an owner is unable to pay for boarding/care costs.
Hawai’i residents are encouraged to contact the committee members to ask for amendments to ensure due process protections are included. Scroll down for more information, including how to contact committee members.
SUMMARY
If enacted as introduced, HB 2058 would establish:
- A new breed-neutral definition of “dangerous dog”: “as any dog that, without provocation, causes a bite injury to a person or other animal. A dog’s breed shall not be considered in determining whether it is dangerous.”
- Other definitions impacting enforcement, including of bite injury, body injury, escape-proof kennel, owner, provocation, and serious bodily injury.
- The process by which an officer with probable cause may declare a dog to be dangerous.
- Legal requirements of an owner of a dangerous dog, including spaying or neutering unless medically contraindicated.
- A process for the rescission of the dangerous dog declaration.
- A new criminal offense for the negligent failure to control a dangerous dog.
- Grounds for the impoundment of a dangerous dog, and requirements for its owner to pay for impoundment, care, and provision costs.
- Automatic forfeiture if an owner is unable to pay assessed costs.
AKC SUPPORTS DUE PROCESS PROTECTIONS FOR DOG OWNERS
The American Kennel Club believes that governments must protect constitutional rights and privileges of dog owners. Owners must be afforded substantive and procedural due process protections, and must not be permanently or unreasonably deprived of the property interests they have in their animals without first pleading guilty to, being found guilty of, or pleading “no contest” to, animal-related criminal charges.
In cases involving seized animals in which an owner does not voluntarily surrender ownership, “bond for care” or “cost of care” laws that provide for the assessment of care costs upon a finding of probable cause of criminal activity must: limit such assessments to amounts that are reasonable, substantiated costs directly related to care of the seized animals; allow courts to waive such fees in cases involving an indigent defendant; provide for full refund of fees and interest in any case not resulting in a final adjudication of guilt or pleading no contest; and, absent the owner’s written consent, shall prohibit the spaying or neutering of, or performance of other elective non-therapeutic surgery on, any seized animal during pendency of a case.
CONTACT COMMITTEE MEMBERS
Hawai’i residents are encouraged to contact the members of the House Judiciary and Hawai’ian Affairs Committee to express concerns with House Bil 2058 as introduced, and to encourage amendments to ensure that dog owners’ due process rights are protected prior to further consideration and passage.
To submit testimony, click here to go to the bill’s page on the Hawai’i State Legislature’s website, then click Submit Testimony.
Individual committee members may be reached as follows:
Representative David A. Tarnas, Chair (Hawai’i)
808-586-8510
reptarnas@capitol.Hawai’i.gov
Representative Gregg Takayama, Vice Chair (Oahu)
808-586-6340
reptakayama@capitol.Hawai’i.gov
Representative Luke A. Evslin (Kauai)
808-586-6270
repevslin@capitol.Hawai’i.gov
Representative Sonny Ganaden (Oahu)
808-586-6010
repganaden@capitol.Hawai’i.gov
Representative Daniel Holt (Oahu)
808-586-6180
repholt@capitol.Hawai’i.gov
Representative Linda Ichiyama (Oahu)
808-586-6220
repichiyama@capitol.Hawai’i.gov
Representative Greggor Ilagan (Hawai’i)
808-586-6530
repilagan@capitol.Hawai’i.gov
Representative Sam Satoru Kong (Oahu)
808-586-8455
repkong@capitol.Hawai’i.gov
Representative Tyson K. Miyake (Maui)
808-586-9444
repmiyake@capitol.Hawai’i.gov
Representative Kanani Souza (Oahu)
808-586-8465
repsouza@capitol.Hawai’i.gov
FOR MORE INFORMATION
Contact AKC Government Relations at doglaw@akc.org.