STAND. COM. REP. NO.  538-10

Honolulu, Hawaii

                , 2010

RE:   H.B. No. 2724

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 2724 entitled:

"A BILL FOR AN ACT RELATING TO OFFENSES AGAINST PUBLIC ORDER,"

begs leave to report as follows:

     The purpose of this bill is to help prevent cruelty to animals by further defining the offense of cruelty to animals in the second degree to include, among other things, knowingly, or recklessly tethering, fastening, tying, or restraining a dog to a cable trolley system under certain conditions.

     The Humane Society of the United States, Hawaiian Humane Society, Maui Humane Society, West Hawaii Humane Society, and several concerned individuals supported this bill.  The Office of the Public Defender opposed this measure.  The Pet Industry Joint Advisory Council provided comments.

     Your Committee has amended this bill by:

(1)  Clarifying that the tethering, fastening, tying, or restraining of a dog to a stationary object must be in a cruel or inhumane manner to commit the offense of cruelty to animals;

(2)  Removing language that categorized, as an offense of cruelty to animals, the tethering, fastening, tying, or restraining of a dog by a tether or chain that is less than five times the length of the dog, measured from the tip of its nose to the base of its tail, or is less than ten feet in length as cruelty to animals;

(3)  Changing the age of the dog from six months to two months at which tethering, fastening, tying, or restraining the dog in a cruel or inhumane manner is considered cruelty to animals;

(4)  Changing the effective date to December 21, 2058, to encourage further discussion; and

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

     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 H.B. No. 2724, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2724, H.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

JON RIKI KARAMATSU, Chair