STAND. COM. REP. NO.  1524-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 3203

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 3203, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this bill is to protect animals by establishing the offense of "animal hoarding" and making it a misdemeanor.

     A concerned individual supported this bill.  The Public Defender and Animal Care Foundation opposed this measure.  The Attorney General, Department of Prosecuting Attorney, and Hawaiian Humane Society provided comments. 

     Your Committee has amended this bill by:

(1)  Changing the number of animals necessary for the crime from more than a typical number to more than 20 dogs, cats, or a combination thereof;

(2)  Changing the state of mind necessary for the crime from negligence to knowing;

(3)  Changing the penalty for the offense from a misdemeanor to a petty misdemeanor;

(4)  Changing the effective date to January 1, 2112, to encourage further discussion; and

(5)  Making technical, nonsubstantive amendments for style, clarity, and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3203, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3203, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

TOMMY WATERS, Chair