STAND. COM. REP. NO. 1136

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 243

       H.D. 1

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 243, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO ANIMAL CRUELTY,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to establish the killing of, or attempting to kill, a pet animal of another person without that person's consent constitute animal cruelty in the first degree, with certain exemptions.

 

     Prior to the hearing, your Committee posted a proposed S.D. 1, which deleted the contents of this measure and replaced them with provisions prohibiting the retail sale of unsterilized cats in order to mitigate the suffering of the feral cat population.  The proposed S.D. 1 also inserted an effective date of January 1, 2012.

 

     Your Committee received testimony in support of the proposed S.D. 1 from the Hawaiian Humane Society, the Maui Humane Society, the Kauai Humane Society, The Humane Society of the United States, and numerous individuals.  Your Committee received testimony in opposition to the proposed S.D. 1 from one individual.

 

     Your Committee finds that the population of feral cats is increasing across the State in spite of widespread efforts to control its growth.  Your Committee further finds that the uncontrolled propagation of unsterilized cats contributes to increases in the feral cat population as feral cats are the offspring of domestic unsterilized cats that have been abandoned by their owners.  Feral cats form colonies and procreate to the extent of presenting a humane issue that is exacerbated when abandoned or escaped pet cats continue to join the feral population and procreate.  This measure, as proposed, will significantly slow the growth of the feral cat population thereby alleviating some degree of the suffering of that population.

 

     Your Committee also finds that there are currently more dogs in the State than there are humans willing to care for them and that the population of stray dogs is beset by many of the same issues affecting the feral cat population.

 

     Accordingly, your Committee has amended this measure by adopting the proposed S.D. 1 and further amending this measure by:

 

     (1)  Prohibiting the sale by any pet retailer of an unsterilized dog and defining that term;

 

     (2)  Amending the purpose section accordingly; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 243, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 243, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair