REP PCHSW 011 2024/03/19 (2022-2024)

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REPORT OF THE POLICY COMMITTEE ON HEALTH, SAFETY,AND WELL-BEING DATE: March 19, 2024 Re: Comm.No. 763/Bill No. 139 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 1:16 p.m. Council Chair and Members Hawai`i County Council Hilo,Hawai`i 96720 Your Policy Committee on Health, Safety, and Well-being,to which was referred Bill No. 139, reports as follows: Bill No. 139,transmitted by Heather Kimball, Council Member for District 1,via Communication No. 763 dated February 23, 2024, amends Chapter 4,Article 1, Section 4-1-1;Article 2, Section 4-2-4; and Article 4, Sections 4-4-31,4-4-34, and 4-4-35, of the Hawai`i County Code 1983 (2016 edition, as amended), relating to the Animal Control and Protection Agency. This bill adds the definition for"Police officer"; repeals definitions for"County animal control service" and"Enforcement officer"; amends definitions for"Animal control officer", "Animals", and "Poultry"; and makes other revisions intended to clarify existing provisions. Member Kimball said that this bill is intentionally not meant to get into deeper policy issues around the topic of animal control but instead,this bill is just meant to clarify the definitions section to consistently apply the words being used. An example she provided is that animal control officers are not able to arrest but police officers are. She added that 4-4-34 is the only substantive change, in which currently the Code states that impounding expenses are to be borne by the dog owners, but the Animal Control Agency wants to give some flexibility in regards to determining when and which expenses are to be borne by the dog owners and will outline criteria in their rules instead. Committee Members Cindy Evans, Matt Kaneali`i-Kleinfelder, and Holeka Inaba all had questions about the proposed changes to definitions as well as who has the authority to slay a dangerous dog. Member Kimball clarified further that language regarding deputizing in the field, as what the Humane Society used to do, is not something the Animal Control Agency does, so that language is not needed any more. Member Kimball further explained that the distinction between when the terms Animal Control Officer versus Police Officer were used needed to be split apart and the proper language needed to be used in the proper areas based on the recommendations of Corporation Counsel. Deputy Corporation Counsel Suzanna Tiapula explained that the arrest of a person would be the responsibility of a police officer, but any activity regarding an animal could be by both the police or the animal control officer. Member Kaneali`i-Kleinfelder wanted further explanation regarding whether this language prohibits nonprofits from being involved in prevention or enforcement actions. PCHSW Report No. 11