STAND. COM. REP. NO. 236

Honolulu, Hawaii

, 2025

RE: H.B. No. 364

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 364 entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Prohibit the ownership of a cat over the age of three months, unless the cat is surgically sterilized, with some exemptions;

(2) Authorize the county animal control authority to administer a breeding cat permit program; and

(3) Establish a special fund to be:

(A) Administered by the Department of Budget and Finance, with the assistance of an advisory committee, to provide monies for the reduction of pet overpopulation in the State; and

(B) Funded by fees, an income tax designation, and special motor vehicle number plates.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Hawaiʻi Reef and Ocean Coalition; Fur-Angel Foundation; Environmental Caucus of the Democratic Party of Hawaiʻi; Animal Interfaith Alliance in Britain; American Bird Conservancy; Love a Cat Charity; Hawaiian Humane Society; Hui Hoʻomalu i ka ʻAina; Cat Colony Caregivers Honolulu; Pacific Whale Foundation; Lucky Paws; The Wildlife Society Hawaiʻi Chapter; Animal Rights Hawaiʻi; and numerous individuals. Your Committee received testimony in opposition to this measure from Aloha Animal Advocates; Pele Lani Farm LLC; Cat Fanciers of Hawaii Cat Club; and eight individuals. Your Committee received comments on this measure from the Department of Taxation; Department of the Attorney General; Department of Budget and Finance; Hawaii Board of Veterinary Medicine; and two individuals.

Your Committee finds that the State is experiencing a cat overpopulation crisis that endangers cats, other domestic animals, wildlife, and human communities. Your Committee further finds that one of the most effective strategies to address the cat overpopulation is to encourage the sterilization of pet cats and free-roaming cats. This measure takes an important step in addressing cat overpopulation by requiring the sterilization of cats over a certain age and establishing a breeding cat permit program.

Your Committee has amended this measure by:

(1) Specifying that the advisory committee is established within the Department of Budget and Finance;

(2) Amending the age for requiring the sterilization of male cats from three months of age to five months of age;

(3) Clarifying that one of the offenses for disqualifying an applicant for a breeding cat permit is a conviction for the offense of cruelty to animals by trapping, rather than the offense of pet animal or equine animal desertion;

(4) Deleting the funding mechanism for the Spay and Neuter Special Fund through the issuance of new special motor vehicle number plates;

(5) Changing the appropriation to an unspecified amount;

(6) Changing the effective date to July 1, 3000, to encourage further discussion;

(7) Changing the effective date for the administration of the income tax designation to taxable years beginning after December 31, 2025; and

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

Your Committee notes that the Hawaii Board of Veterinary Medicine raised concerns in its written testimony that the age of three months old may be too early for the sterilization of cats, as it could lead to increased difficulty in treating lower urinary tract disease and urethral obstructions. Accordingly, your Committee amended this measure to raise the age for which the sterilization of male cats is required to five months of age. However, your Committee notes that similar concerns also exist for female cats. As such, should your Committee on Judiciary & Hawaiian Affairs deliberate on this measure, your Committee respectfully requests that it consider raising the age for which the sterilization of female cats is required from three months of age to five months of age.

Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $500,000 into and out of the Spay and Neuter Special Fund.

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. 364, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 364, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

SCOT Z. MATAYOSHI, Chair