THE SENATE

S.R. NO.

66

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

SENATE RESOLUTION

 

 

URGing THIS BODY TO INTRODUCE AND PASS LEGISLATION TO ESTABLISH STRICT LIABILITY for individuals who keep, harbor, or feed certain animals in a manner that results in damage to property.

 

 


     WHEREAS, the proliferation of feral and free-ranging chickens in residential and urban communities across the State is a nuisance that disrupts residents living in these areas; and

 

     WHEREAS, chickens were once limited to rural environs, but now unchecked feeding and harboring of these animals by some residents have led to significant property damage, neighborhood disputes, and the spread of nuisance conditions that erode the health, safety, and quiet enjoyment of the State's communities; and

 

     WHEREAS, abundant feral chicken populations tend to coalesce into feral colonies and produce negative impacts similar to those of feral ungulates, including goats, sheep, and pigs, and felids; and

 

     WHEREAS, such colonies have grown exponentially, creating a wide range of problems for farmers, ranchers, property owners, and users of transportation infrastructure, among many others; and

 

     WHEREAS, these feral populations have disrupted native ecosystems that evolved for millions of years without these species present; and

 

     WHEREAS, state law establishes liability when domesticated animals, such as dogs or livestock, cause injury or trespass upon the property of others; and

 

     WHEREAS, despite their ability to damage gardens, landscaping, and private property, there is currently no comparable statute addressing the damage caused by chickens, ungulates, and felids that are intentionally kept, harbored, or fed by individuals; and

 

     WHEREAS, undomesticated chickens, ungulates, and felids that are deliberately fed or harbored become effectively domesticated animals stewarded by the individual providing food and shelter; and

 

     WHEREAS, establishing penalties for damage caused by chickens, ungulates, and felids will protect homeowners' property and quality of life; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, that this body is urged to introduce and pass legislation establishing strict liability for individuals who keep, harbor, or feed chickens, ungulates, or felids in a manner that results in the animals damaging the property of another individual; and

 

     BE IT FURTHER RESOLVED that the Hawaii Invasive Species Council is requested to conduct a study to determine whether the harm to property caused by feral chickens amounts to classification of feral chickens as an invasive species; and

 

     BE IT FURTHER RESOLVED that the Hawaii Invasive Species Council is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Co-Chairpersons of the Hawaii Invasive Species Council.

 

 

 

 

OFFERED BY:

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Report Title: 

Property Damage; Chickens; Ungulates; Felids; Penalties; Study; Report