STAND. COM. REP. NO.  1211-16

Honolulu, Hawaii

                , 2016

RE:   S.B. No. 2512

      S.D. 1

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2512, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ANIMALS,"

begs leave to report as follows:

The purpose of this measure is to increase the penalties for animal desertion by subjecting a person who leaves an animal without intending to return to it to:

(1)  A $1,000 fine and a petty misdemeanor charge for animal desertion; and

(2)  A $2,000 fine and a misdemeanor charge for animal desertion if the deserted animal suffers death or substantial bodily injury.

This measure also provides that each instance of a violation constitutes a separate offense.

The Department of Land and Natural Resources, Animal Rights Hawaii, Conservation Council for Hawaii, Hawaiian Humane Society, Poi Dogs & Popoki, The Humane Society of the United States, West Hawaii Humane Society, and many concerned individuals testified in support of this measure.  The Department of the Attorney General provided comments.

     Your Committee has amended this measure by:

(1)  Specifying that the offense of animal desertion does not apply to the release of an animal as part of a population management program; and

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

     It is your Committee's intent that this measure not apply to dogs that fail to return to their owners after engaging in the act of hunting.  Your Committee also wishes to note that a trap-neuter-return management program, even if conducted by an individual in an unofficial capacity, is considered a population management program for purposes of this measure.

     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. 2512, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2512, S.D. 1, H.D. 1, and be referred to your Committee on Finance.

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

____________________________

KARL RHOADS, Chair