HomeMy WebLinkAboutResolution No. 2020-39COUNTY COUNCIL
COUNTY OF KAUA`I
41,C$O�UiiOTC No. 2020_39
RESOLUTION APPROVING A STATE BILL RELATING TO ANIMAL
CONTROL SERVICES FOR INCLUSION IN THE
2021 COUNTY OF KAUA`I LEGISLATIVE PACKAGE
WHEREAS, Section 143-16, Hawai`i Revised Statutes (HRS), mandates that
the County of Kauai contract specifically with the Kauai Humane Society for animal
control services pertaining to dogs; and
WHEREAS, the HRS does not mandate any other county in the State of
Hawaii that it contract with a specific humane organization; and
WHEREAS, repealing HRS Section 143-16, allows the County of Kauai the
freedom and flexibility to contract, like all other counties in the State of Hawaii, with
other service providers pursuant to HRS Section 143-15; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA`I, STATE OF
HAWAI`I, that it hereby approves the following:
• That the proposed State bill relating to Animal Control Services, which is
attached hereto as Exhibit "A," will be included in the 2021 County of
Kauai Legislative Package.
Introduced by:
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KI UKAI KUALI`I
(By Request)
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Certificate Of 01boption
Ve berebp certifp that Re5olutiou ,Qo. 2020-39
W5 abopteb by the Council of the Couutp of Raua`i, 6tate of
j�rqaWai`i, 11bu`e, kaua`i, joaboai`i, on September 9, 2020
Qtfl��
ouutp Clerk
�Dateb September 9, 2020
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Cljairma Presibiug ®fficer
*Beginning with the March 11, 2020 Council Meeting and until further notice,
Councilmember Arthur Brun will not be present due to U.S. v. Arthur Brun et al.,
Cr. No. 20-00024-DKW (United States District Court), and therefore will be noted as
excused (i.e., not present).
Exhibit A
JUSTIFICATION SHEET
PROPOSER: County of Kauai
TITLE: A Bill for an Act Relating to Animal Control
PURPOSE: This proposed Bill for an Act repeals Section 143-16 of the Hawaii
Revised Statutes removing the requirement for the County of
Kauai to contract specifically with the Kauai Humane Society for
animal control services for dogs and allow the county to contract
with any society or organization formed for the prevention of
cruelty to animals, or similar dog protective organization
MEANS: Repeals Section 143-16 of the Hawaii Revised Statutes (HRS)
JUSTIFICATION: Section 143-16, Hawai`i Revised Statutes, adopted when Hawaii
was a territory of the United States, restricts who the County of
Kauai can contract for animal control services for dogs, is
outdated and unnecessary. Repealing this section allows the
County of Kauai the freedom and flexibility to contract, like all
other counties in Hawaii, with other service providers pursuant
to HRS Section 143-15.
Exhibit A
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HOUSE OF REPRESENTATIVES/SENATE
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ANIMAL CONTROL SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI`I:
SECTION 1. The purpose of this Act is to repeal section 143-16, Hawaii Revised Statutes.
The legislature finds that section 143-16, Hawaii Revised Statutes, is outdated and unnecessary.
That section was adopted in 1953 when Hawaii was a territory of the United States, and that
section contains a requirement for the County of Kauai to contract specifically and only with the
Kauai Humane Society for animal control services for dogs. On Kauai, as is the case in other
Counties in the State, there are other contractors or vendors, besides the Kauai Humane Society,
who may potentially bid on public contracts to provide animal control services for the County of
Kauai. Further, since the adoption of this law in 1953, the Kauai Humane Society has constructed
a building for an animal shelter or "dog pound" as mentioned in the second paragraph of section
143-16, which makes this section even more unnecessary. Furthermore, the effect of the language
from the preceding section, 143-15, Hawai`i Revised Statutes, makes section 143-16 even more
unnecessary, because section 143-15 already applies to all Counties, including Kauai, for animal
control services contracts. Section 143-15, Hawai`i Revised Statutes, already allows: "Any county
may contract with any society or organization formed for the prevention of cruelty to animals, or
similar dog protective organization [... ]". Thus, Kauai should be treated equally, like the other
Counties of the State, and similarly, Kauai should have the freedom to contract with "any society
or organization formed for the prevention of cruelty to animals, or similar dog protective
Page 2
.B. NO.
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organization" as allowed by section 143-15. Consequently, section 143-16, Hawai`i Revised
Statutes, is unnecessary and should be deleted.
SECTION 2. Section 143-16, Hawaii Revised Statutes, is repealed.
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with the Kauai Humane Seeiety, -------ted nonprofit assoeiation organized undef the laws
expend funds twaied evef by the eetifity to eenstmet a dog pound on Ka"; pr-avided that the
SECTION 3. Statutory material to be repealed is bracketed and stricken.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
Exhibit A
.B. NO.
Report Title:
Animal Control Services; Animals; Public Contracts
Description:
Repeals the requirement for the County of Kauai to contract specifically and only
with the Kauai Humane Society for animal control services for dogs.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.