STAND. COM. REP. NO. 891

Honolulu, Hawaii

RE:    S.B. No. 700

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 700 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to amend the offense of cruelty to animals in the first degree to include certain indigenous birds that are not determined to be an endangered or threatened species under chapter 195D, Hawaii Revised Statutes.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Conservation Council for Hawai‘i, Hawaiian Humane Society, and twenty individuals.

     Your Committee finds that the federal Endangered Species Act of 1973 and chapter 195D, Hawaii Revised Statutes, ensure the perpetuation of aquatic life, wild life, and land plants and their habitats by listing as endangered or threatened certain species of aquatic life, wild life, and land plants for protection and conservation.  However, there are indigenous species, such as the Laysan albatross, that are not deemed endangered or threatened and thus are not afforded the same federal and state protections as those listed species.  This measure affords legal protections for these unlisted indigenous birds.

     Your Committee has amended this measure by:

     (1)  Adopting the language suggested by the Department of Land and Natural Resources that amends the definition of "indigenous bird" to include all indigenous birds in Hawaii, including birds that are endangered or threatened;

     (2)  Establishing a separate criminal conduct under the offense of cruelty to animals in the first degree to prohibit the torturing, mutilation, or poisoning, or assisting another person in or causing the torturing, mutilation, or poisoning of two or more indigenous birds;

     (3)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 700, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 700, S.D. 1.

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

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GILBERT S.C. KEITH-AGARAN, Chair