HOUSE OF REPRESENTATIVES

H.B. NO.

1133

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 2

STATE OF HAWAII

S.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO VETERINARY MEDICINE.

 

 

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

 


PART I

     SECTION 1.  Section 471-15, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§471-15[]]  Criminal penalties.  [Any] (a)  Except as provided in subsection (b), any person convicted of violating section 471-2 shall have committed a misdemeanor and shall be subject to a fine not to exceed $500 [or], imprisoned not more than six months, or both.

     [Additionally,] (b)  Any person convicted of violating section 471-2 and who in the course of that violation intentionally or knowingly performs any veterinary procedure on a pet animal shall have committed a class C felony.  For purposes of this subsection, "pet animal" shall have the same meaning as in section 711-1100.

      (c)  In addition to the penalties provided in subsections (a) and (b), all tools, implements, appliances, medicine, and drugs used in the practice of veterinary medicine by any person convicted of practicing veterinary medicine without a license shall be declared forfeited to the State by the court and turned over to the board for disposition as it may choose to make."

     SECTION 2.  Section 711-1108.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2) Subsection (1) shall not apply to:

     (a)  Accepted veterinary practices[;] performed by a person licensed under section 471-2;

     (b)  Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; [or] and

     (c)  Cropping or docking as customarily practiced[.] and performed by a person licensed under section 471-2."

PART II

     SECTION 3.  The legislature finds that humane societies and animal rescue organizations across Hawaii collectively take in more than 50,000 animals each year and are often required to treat a large majority of those animals with various forms of veterinarian medicines.  Spaying and neutering pets under the care of licensed veterinarians is one proven method of veterinarian treatment that can reduce pet overpopulation, euthanasia rates, nuisance animal behaviors, and dog bites--as sterilized dogs are less likely to become aggressive.

     The purpose of this part is to:

     (1)  Establish a spay and neuter special fund; and

     (2)  Allow funds from an income tax check-off to be deposited into the special fund.

     SECTION 4.  Chapter 143, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§143-    Spay and neuter special fund.  (a)  There is established the spay and neuter special fund to be administered by the department of budget and finance.  Moneys received by the department from:

     (1)  State income tax refund designations to the special fund pursuant to section 235-102.5(e); and

     (2)  Appropriations or other moneys made available,

shall be deposited into the special fund.  All interest earned or accrued on moneys deposited in the special fund shall become part of the special fund.  Moneys in the special fund shall be expended to cover costs to reduce the number of feral animals through spaying and neutering, educate the public regarding the importance of spaying and neutering pets, and prevent homeless animal overpopulation; provided that moneys used shall follow the eligibility criteria established by the advisory committee.

     (b)  There is established an advisory committee consisting of no more than eight members to assist the department of budget and finance in establishing the eligibility criteria and procedures for disbursements from the special fund.  The advisory committee shall include the following:

     (1)  One member from each county humane society that holds a county animal control contract;

     (2)  One member from two separate private nonprofit animal rescue, shelter, or protection organizations that do not hold a county animal control contract;

     (3)  One member representing licensed veterinarians in the State; and

     (4)  One member from the general public.

All members shall be selected by the director of finance, be residents of the State, and serve three-year terms.  All members shall have an active interest in reducing the number of feral pets and educating the community regarding the benefits of pet population control in the State.

     (c)  The advisory committee shall submit to the director of finance a report in a form prescribed by the director identifying the total amount of funds that were disbursed from the special fund in each fiscal year and the amount of funds carried over to the next fiscal year.  The advisory committee shall submit the report to the director of finance within ninety days after the close of each fiscal year."

     SECTION 5.  Section 235-102.5, Hawaii Revised Statutes, is amended to read as follows:

     "§235-102.5  Income check-off authorized.  (a)  Any individual whose state income tax liability for any taxable year is $3 or more may designate $3 of the liability to be paid over to the Hawaii election campaign fund, any other law to the contrary notwithstanding, when submitting a state income tax return to the department.  In the case of a joint return of a husband and wife having a state income tax liability of $6 or more, each spouse may designate that $3 be paid to the fund.  The director of taxation shall revise the individual state income tax form to allow the designation of contributions to the fund on the face of the tax return and immediately above the signature lines.  An explanation shall be included which clearly states that the check-off does not constitute an additional tax liability.  If no designation was made on the original tax return when filed, a designation may be made by the individual on an amended return filed within twenty months and ten days after the due date for the original return for such taxable year.  A designation once made whether by an original or amended return may not be revoked.

     (b)  Notwithstanding any law to the contrary, any individual whose state income tax refund for any taxable year is $2 or more may designate $2 of the refund to be deposited into the school-level minor repairs and maintenance special fund established by section 302A-1504.5, when submitting a state income tax return to the department.  In the case of a joint return of a husband and wife having a state income tax refund of $4 or more, each spouse may designate that $2 be deposited into the special fund.  The director of taxation shall revise the individual state income tax return form to allow the designation of contributions to the special fund on the face of the tax return and immediately above the signature lines.  If no designation was made on the original tax return when filed, a designation may be made by the individual on an amended return filed within twenty months and ten days after the due date for the original return for such taxable year.  A designation once made, whether by an original or amended return, may not be revoked.

     (c)  Notwithstanding any law to the contrary, any individual whose state income tax refund for any taxable year is $2 or more may designate $2 of the refund to be paid over to the libraries special fund established by section 312-3.6, when submitting a state income tax return to the department.  In the case of a joint return of a husband and wife having a state income tax refund of $4 or more, each spouse may designate that $2 be deposited into the special fund.  The director of taxation shall revise the individual state income tax form to allow the designation of contributions to the fund on the face of the tax return and immediately above the signature lines.  If no designation was made on the original tax return when filed, a designation may be made by the individual on an amended return filed within twenty months and ten days after the due date for the original return for such taxable year.  A designation once made, whether by an original or amended return, may not be revoked.

     (d)  Notwithstanding any law to the contrary, any individual whose state income tax refund for any taxable year is $5 or more may designate $5 of the refund to be paid over as follows:

     (1)  One-third to the Hawaii children's trust fund under section 350B-2; and

     (2)  Two-thirds to be divided equally among:

         (A)  The domestic violence and sexual assault special fund under the department of health in section 321-1.3;

         (B)  The spouse and child abuse special account under the department of human services in section 346‑7.5; and

         (C)  The spouse and child abuse special account under the judiciary in section 601-3.6.

When designated by a taxpayer submitting a state income tax return to the department, the department of budget and finance shall allocate the moneys among the several funds as provided in this subsection.  In the case of a joint return of a husband and wife having a state income tax refund of $10 or more, each spouse may designate that $5 be paid over as provided in this subsection.  The director of taxation shall revise the individual state income tax form to allow the designation of contributions pursuant to this subsection on the face of the tax return and immediately above the signature lines.  If no designation was made on the original tax return when filed, a designation may be made by the individual on an amended return filed within twenty months and ten days after the due date for the original return for such taxable year.  A designation once made, whether by an original or amended return, may not be revoked.

     (e)  Notwithstanding any law to the contrary, any individual whose state income tax refund for any taxable year is $5 or more may designate $5 of the refund to be deposited into the spay and neuter special fund established under section 143‑   , when submitting a state income tax return to the department.  In the case of a joint return of a husband and wife having a state income tax refund of $10 or more, each spouse may designate that $5 be deposited into the special fund.  The director of taxation shall revise the individual state income tax form to allow the designation of contributions to the fund on the face of the tax return and immediately above the signature lines.  If no designation was made on the original tax return when filed, a designation may be made by the individual on an amended return filed within twenty months and ten days after the due date for the original return for such taxable year.  A designation once made, whether by an original or amended return, may not be revoked."

PART III

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2012; provided that:

     (1)  Section 5 of this Act shall apply to taxable years beginning after December 31, 2012; and

     (2)  Part II of this Act shall be repealed on December 31, 2017.



Report Title:

Veterinary Medicine; Unlawful; Spay and Neuter Special Fund; Income Check-off

 

Description:

Makes intentional or knowing performance of a veterinary procedure on a pet animal by an unlicensed person a class C felony.  Clarifies that accepted veterinary practices and the cropping of ears or the docking of a tail of a pet animal are exempt from criminal penalties for animal cruelty only if performed by a licensed veterinarian.  Establishes a spay and neuter special fund and allows funds from an income tax check-off to be deposited into the special fund; repeals 12/31/2017.  Income tax check-off applies to taxable years after 12/31/2012.  (SD2)

 

 

 

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