STAND. COM. REP. NO. 1615

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 676

       H.D. 1

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 676, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO ANIMALS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to protect pet animals and deter animal abuse by, among other things:

 

     (1)  Expanding and clarifying the offense of cruelty to             animals to include the following actions:

(A)  Depriving a pet animal of necessary sustenance;

(B)  Forcing another person to injure or kill a pet animal;

(C)  Recklessly injuring or killing a pet animal with the intent to frighten or intimidate another person; or

(D)  Recklessly disregarding the risk of frightening or intimidating another person.

     (2)  Requiring a person convicted of such actions to be             ordered to attend counseling to treat their behavior at       their own expense. 

 

     Testimony in support of this measure was received from VOICES (the formerly battered women's caucus of Hawaii) and a private citizen.  Testimony in support of amending this measure to incorporate the provisions of SB 1665 was received from the Department of the Prosecuting Attorney, City and County of Honolulu.  Testimony supporting raising the penalty from a misdemeanor to a felony was received from the Humane Society of the United States, the Hawaii Cat Foundation and three private citizens.  The Animal CARE Foundation and eight private citizens submitted testimony opposing the measure because they believed the measure did not provide adequate penalties and should expand the law to cover inhumane treatment of other animals.  One private citizen opposed the measure.  Horizon Pest Management asked for the exemption of "lawful acts of pest control operators licensed by chapter 460J, Hawaii Revised Statutes (H.R.S.).

 

     Your Committee has amended the measure by incorporating the provisions of SB 1665 which, among other things, includes the following:

     (1)  Raising the penalty from a misdemeanor to a felony;

     (2)  Creating a new offense of aggravated cruelty to pet            animals and a definition for "pet animal";

     (3)  Including endangering an animal by transporting the            animal in the back of a pickup without properly                    restraining the animal; and

     (4)  Exempting lawful acts of a pest control operator licensed          by chapter 460J, H.R.S.

 

     It is the Committee's intent that this measure not pertain to the lawful and humane operations of breeders of pet animals.  In applying the term "necessary sustenance", it should be narrowly construed as to provide access to water, food, shelter, veterinarian care, and adequate exercise.

 

     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 H.B. No. 676, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 676, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

____________________________

CLAYTON HEE, Chair