STAND. COM. REP. NO.  398

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 1133

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1133 entitled:

"A BILL FOR AN ACT RELATING TO VETERINARY MEDICINE,"

begs leave to report as follows:

     The purpose of this bill is to increase the penalty for persons who are convicted of practicing veterinary medicine without a license, by changing the penalty to a Class C felony.

     The Secretary of the Boxer Club of Hawaii, Poi Dogs & Popoki, and a concerned individual testified in support of this bill.  The Board of Veterinary Examiners submitted comments.

     Upon consideration, your Committee has amended this bill by:

     (1)  Clarifying who is subject to the Class C felony, to mean       persons convicted of practicing veterinary medicine           without a license, and intentionally or knowingly            performing veterinary procedures on a pet animal in a            cruel or inhumane manner;

     (2)  Defining "pet animal" under the veterinary medicine law;

     (3)  Clarifying that in addition to the criminal penalties              specified above, all materials, equipment, and                 appurtenances used in the practice of veterinary                   medicine without a license, shall be forfeited to the              State and turned over to the Board of Veterinary                   Examiners;

     (4)  Clarifying that cruelty to animals in the first degree         does not apply to:

          (A)  Accepted veterinary practices with respect to                  practicing without a license; and

          (B)  Cropping or docking as customarily practiced unless            performed for compensation by a person not licensed           as a veterinarian;

          and

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

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1133, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1133, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROBERT N. HERKES, Chair