Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Tourism and Intergovernmental Affairs, to which was referred H.B. No. 1526, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to authorize counties to enact and enforce ordinances relating to dogs that have injured or destroyed an animal or bitten a person, and to allow ordinances enacted before this Act to have full force and effect provided they are consistent with the Act.

Testimony in support of the intent of this measure, with amendments, was received from the Hawaii State Association of Counties, City and County of Honolulu Department of the Prosecuting Attorney and the Department of the Corporation Counsel, the Hawaiian Humane Society, and two individuals.

Your Committee finds that vicious dogs threaten the public safety and believes that county regulation provides the level of protection and recourse from dog attacks that the public desires and deserves. Your Committee finds, however, that the amended language in this measure is more specific than current county ordinances, and it is therefore unclear if State law would preempt county ordinances relating to dog attacks.

Your Committee has amended the measure by replacing its contents with those of S.B. No. 643, S.D. 2. As amended, this measure conforms to the broader language of current county ordinances. These changes should make it clear that county ordinances would not be preempted by the State law.

As affirmed by the record of votes of the members of your Committee on Tourism and Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1526, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1526, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary.