HB364 HD1

SECTION 1. Chapter 36, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§36- Spay and neuter special fund. (a) There is established in the state treasury the spay and neuter special fund, to be administered by the department of budget and finance.  Moneys received by the department of budget and finance from:

(1) State income tax refund designations to the special fund pursuant to section 235- ;

(2) Fees collected pursuant to section 143- (d)(1); and

(3) Legislative appropriations, private gifts or donations, and other sources,

shall be deposited into the special fund. All interest earned or accrued on moneys deposited into the special fund shall become part of the special fund.

(b) Moneys in the special fund shall be expended to reduce pet overpopulation, including the free-roaming cat population, by providing spaying and neutering surgery and associated veterinary care; provided that spayed or neutered animals are not re-released into the environment and the uses and expenditures of moneys in the special fund shall follow the eligibility criteria established by the advisory committee established under subsection (c).

(c)  There is established within the department of budget and finance an advisory committee to assist the department of budget and finance in establishing the eligibility criteria and procedures for disbursements from the special fund.

The advisory committee shall consist of seven members to be selected by the director of finance and shall include the following:

(1)  One representative of the department of budget and finance;

(2) One representative of the department of health;

(3) One representative of the department of land and natural resources;

(4)  One representative of the Hawaii Animal Welfare Association or its successor organization, who shall be invited to participate;

(5)  At least one representative of the Hawaii Veterinary Medical Association, who shall be invited to participate; and

(6)  At least one member from a Hawaii-based, private, non-profit animal-welfare organization, who shall be invited to participate.

The advisory committee shall select a chairperson from among its members.   All members of the advisory committee shall be residents of the State and shall serve three-year terms.   All members shall have an active interest in humanely reducing pet overpopulation and reducing the number of free-roaming cats in the State.

(d)  The advisory committee shall submit an annual report to the director of finance, in a form prescribed by the director, that identifies the total amount of funds that were disbursed from the special fund during the previous fiscal year and the amount of funds to be carried over to the next fiscal year. The advisory committee shall submit the report to the director of finance within ninety days after the close of each fiscal year.

(e) The members of the advisory committee shall serve without compensation but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties."

SECTION 2. Chapter 143, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§143- Cat sterilization; breeding cat permit; requirements. (a) It shall be unlawful for any person to own:

(1) A female cat over the age of three months, unless the cat is surgically sterilized; or

(2) A male cat over the age of five months, unless the cat is surgically sterilized.

(b) A cat may be exempted from the sterilization requirement under subsection (a) if:

(1) A duly licensed veterinarian certifies in writing that the cat is not suitable for sterilization due to health or age considerations; provided that the certification shall be applicable for a period of up to one year, as specified in writing by the veterinarian, and contain the veterinarian's license number;

(2) Arrangements have been made to sterilize the cat within sixty days after the date the person assumes ownership over the cat and the cat is sterilized in that sixty-day period; or

(3) A breeding cat permit is obtained in accordance with this section.

(c) Each county animal control authority may administer and enforce a permit program to allow the responsible breeding of cats consistent with local ordinances and the minimum requirements identified in this section. A breeding cat permit program administered pursuant to this section shall, at a minimum:

(1) Prohibit the sale or adoption of any offspring of a breeding cat until the offspring has:

(A) Reached the age of at least eight weeks; and

(B) Been immunized against common diseases by a licensed veterinarian;

provided that the surrender of any offspring of a breeding cat to an animal control authority shall be prohibited until the offspring has reached the age of at least eight weeks;

(2) Require any permit holder advertising to the public the availability of any cat for adoption or sale to:

(A) Prominently display the permit number in any publications in which the permit holder advertises; and

(B) Provide the permit number to any person adopting or purchasing any cat bred by the permit holder; and

(3) Require one permit per breeding cat.

(d) To obtain a breeding cat permit pursuant to this section, an applicant shall, at a minimum:

(1) Pay an annual fee of $250 per breeding cat, to be retained by the animal control authority; and

(2) Provide proof to the appropriate animal control authority administering the permit program that:

(A) The breeding cat covered by the permit:

(i) Is implanted with a microchip, in accordance with section 143-2;

(ii) Is fully contained on the owner's property or under a person's direct control, such as by leash, if off the owner's property;

(iii) Is not genetically similar to any cat with which the breeding cat is being bred;

(iv) Is up-to-date on prophylactic health care, including core cat vaccines;

(v) Has tested negative for feline leukemia virus and feline immunodeficiency virus;

(vi) Is at least eighteen months of age and less than seven years of age; and

(vii) For a female cat, has had no more than one litter a year and had no more than three litters in its lifetime; and

(B) The applicant does not use a third party for sale or transfer of cats.

(e) No person convicted of cruelty to animals under section 711-1108.5, 711‑1109, or 711-1109.37 shall be issued a breeding cat permit under this section.

(f) Any person violating this section shall be fined no less than $500 and no more than $1,000 per violation per cat.

(g) This section shall not apply to cats brought into the State exclusively for the purpose of entering them in a cat show or exhibition and not allowed to run at large."

SECTION 3. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§235- Income check-off authorized; spaying and neutering of animals. Notwithstanding any law to the contrary, any individual whose state income tax refund for any taxable year is $5 or more may designate $5 of the refund to be deposited into the spay and neuter special fund established by section 143-B, when submitting a state income tax return to the department. In the case of a joint return of a married couple having a state income tax refund of $10 or more, each spouse may designate that $5 be deposited into the special fund. The director of taxation shall revise the individual state income tax form to allow the designation of contributions to the fund on the face of the tax return and immediately above the signature lines. If no designation was made on the original tax return when filed, a designation may be made by the individual on an amended return filed within twenty months and ten days after the due date for the original return for that taxable year. A designation once made, whether by an original or amended return, shall not be revoked."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the spay and neuter special fund established by section 36- , Hawaii Revised Statutes.

SECTION 5. There is appropriated out of the spay and neuter special fund established by section 36- , Hawaii Revised Statutes, the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to reduce pet overpopulation, including the free-roaming cat population, by providing spaying and neutering surgery and associated veterinary care.

The sums appropriated shall be expended by the department of budget and finance for the purposes of this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 3000; provided that:

(1) Section 3 of this Act shall apply to taxable years beginning after December 31, 2025; and

(2) Sections 4 and 5 of this Act shall take effect on July 1, 2025.

HOUSE OF REPRESENTATIVES	H.B. NO.	364
THIRTY-THIRD LEGISLATURE, 2025		H.D. 1
STATE OF HAWAII