STAND. COM. REP. NO. 1172-20

Honolulu, Hawaii

, 2020

RE: S.B. No. 2512

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 2512, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Specify that the exemption from licensing as a veterinarian for owners of animals, and the full-time, regular employees of those owners, does not include the performance of any surgical procedures;

(2) Makes the intentional or knowing performance of surgical procedures on pet animals without a veterinarian license a class C felony; and

(3) Clarify that certain exemptions from the offense of cruelty to animals in the first degree only apply if performed by a licensed veterinarian.

Your Committee received testimony in support of this measure from the Board of Veterinary Medicine, Animal Welfare Institute, Hawaiian Humane Society, Forgotten Felines, Animal Rights Hawaii, Poi Dogs and Popoki, and ten individuals. Your Committee received testimony in opposition to this measure from the Pacific Pet Alliance, Hawaiian Chinese Shar-Pei Club, Terry Nii Design, and five individuals. Your Committee received comments on this measure from the Hawaii Cattlemen's Council.

Your Committee finds that there are serious dangers and risks to animals when surgical procedures are performed by individuals who have not received the appropriate education and training. This measure would protect animal welfare by ensuring that surgical procedures are performed in a sterile environment with sterile equipment, by an experienced and licensed veterinarian.

Your Committee has amended this measure by:

(1) Changing its effective date to July 1, 2050, to encourage further discussion; and

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

Your Committee notes that concerns were raised at the public hearing before your Committee about whether the imposition of a class C felony penalty is commensurate with the severity or gravity of the targeted acts. Should your Committee on Judiciary consider this measure, your Committee respectfully requests that your Committee on Judiciary examine this concern.

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 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 Judiciary.

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

____________________________

ROY M. TAKUMI, Chair