HB 1736: Spay and Neuter Special Fund; Cat Sterilization; Counties; Animal Control; Income Check-off; Appropriation

A BILL FOR AN ACT

RELATING TO ANIMAL CONTROL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     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 235-102.5(e); and

     (2)  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)  The director of finance shall disburse moneys from the special fund quarterly to the counties.  The amount disbursed shall be prorated based on each county's share of the state population.  The counties shall expend the disbursed funds 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 shall not be re-released into the environment; provided further that placement into a fully enclosed cat sanctuary shall not be considered re-release into the environment."

     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.  (a)  It shall be unlawful for any person to:

     (1)  Own a cat over the age of five months, unless the cat is surgically sterilized or covered by a valid intact cat declaration filed with the applicable county animal control authority or its contractor pursuant to subsection (b)(3); or

     (2)  Bring a cat over the age of five months that is not surgically sterilized into the State unless the importer files a declaration with the department of agriculture and biosecurity upon arrival, in a form determined by the department, and the department forwards the declaration to the applicable county animal control authority in the county where the cat will be housed.  A declaration filed with the department of agriculture and biosecurity pursuant to this paragraph shall not authorize a cat to be at large and shall not substitute for any declaration required by the applicable county animal control authority.  Any imported intact cat shall be declared with the applicable county animal control authority or its contractor within fourteen days after importation.

     (b)  A cat may be exempt 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 of the cat and the cat is sterilized within that sixty-day period; or

     (3)  The owner of the cat submits an intact cat declaration to the applicable county animal control authority or its contractor.  The applicable county animal control authority may administer an intact cat declaration process for cats already in the State and shall charge a fee of $100 per declaration.  Fees collected pursuant to this paragraph shall be retained by the applicable county animal control authority and may be used without restriction.

     (c)  Any declaration required under this section, including a declaration filed with the department of agriculture and biosecurity and an intact cat declaration filed with the applicable county animal control authority or its contractor, shall include, at minimum:

     (1)  The name and address or contact information of the owner;

     (2)  The county in which the cat will be housed; and

     (3)  The cat's microchip number or other unique identifier,

and any additional information required by the department of agriculture and biosecurity or the applicable county animal control authority.  The department of agriculture and biosecurity and applicable county animal control authority shall provide a record of the declaration that may be used for enforcement purposes.

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

     (e)  For the purposes of this section, "county animal control authority" means the county agency that enforces animal control or the county's contracted society or organization for animal control."

     SECTION 3.  Section 235-102.5, Hawaii Revised Statutes, is amended to read as follows:

     "§235-102.5  Income check-off authorized.  (a)  Any individual whose state income tax liability for any taxable year is $3 or more may designate $3 of the liability to be paid over to the Hawaii election campaign fund, any other law to the contrary notwithstanding, when submitting a state income tax return to the department.  In the case of a joint return of a husband and wife having a state income tax liability of $6 or more, each spouse may designate that $3 be paid to the 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.  An explanation shall be included which clearly states that the check-off does not constitute an additional tax liability.  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 [such] that taxable year.  A designation once made, whether by an original or amended return [may], shall not be revoked.

     (b)  Notwithstanding any law to the contrary, any individual whose state income tax refund for any taxable year is $2 or more may designate $2 of the refund to be deposited into the school-level minor repairs and maintenance special fund established by section 302A-1504.5, when submitting a state income tax return to the department.  In the case of a joint return of a husband and wife having a state income tax refund of $4 or more, each spouse may designate that $2 be deposited into the special fund.  The director of taxation shall revise the individual state income tax return form to allow the designation of contributions to the special 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 [such] that taxable year.  A designation once made, whether by an original or amended return, [may] shall not be revoked.

     (c)  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 paid over to the libraries special fund established by section 312-3.6, 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, [may] shall not be revoked.

     (d)  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 paid over as follows:

     (1)  One-third to the Hawaii children's trust fund under section 350B-2; and

     (2)  Two-thirds to be divided equally among:

          (A)  The domestic violence and sexual assault special fund under the department of health in section 321-1.3;

          (B)  The spouse and child abuse special fund under the department of human services in section 346-7.5; and

          (C)  The spouse and child abuse special account under the judiciary in section 601-3.6.

When designated by a taxpayer submitting a state income tax return to the department, the department of budget and finance shall allocate the moneys among the several funds as provided in this subsection.  In the case of a joint return of a husband and wife having a state income tax refund of $10 or more, each spouse may designate that $5 be paid over as provided in this subsection.  The director of taxation shall revise the individual state income tax form to allow the designation of contributions pursuant to this subsection 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 [such] that taxable year.  A designation once made, whether by an original or amended return, [may] shall not be revoked.

     (e)  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 36-   , 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 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 2026-2027 to reduce pet overpopulation, including the free-roaming cat population, by providing spaying and neutering surgery and associated veterinary care; provided that the sum shall be expended as follows:

     (1)  $           for the city and county of Honolulu;

     (2)  $           for the county of Maui;

     (3)  $           for the county of Kauai; and

     (4)  $           for the county of Hawaii.

     The sum appropriated shall be expended by the counties for the purposes of this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  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, 2026; and

     (2)  Sections 4 and 5 of this Act shall take effect on July 1, 2026.

Report Title:

Spay and Neuter Special Fund; Cat Sterilization; Counties; Animal Control; Income Check-off; Appropriation

Description:

Establishes the Spay and Neuter Special Fund to reduce pet overpopulation, including the free-roaming cat population, and authorizes an income tax designation to provide revenues into the special fund.  Requires cats over five months of age to be surgically sterilized unless covered by an intact cat declaration, and conditions the importation of intact cats on state and county declaration requirements, with certain exceptions.  Appropriates funds.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ANIMAL CONTROL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     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-   ; and

     (2)  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)  The director of finance shall disburse moneys from the special fund quarterly to the counties.  The amount disbursed shall be prorated based on each county's share of the state population.  The counties shall expend the disbursed funds 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 shall not be re-released into the environment."

     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.  (a)  It shall be unlawful for any person to:

     (1)  Own a cat over the age of five months, unless the cat is surgically sterilized; or

     (2)  Bring a cat that is not surgically sterilized into the State.

     (b)  A cat may be exempt 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 of the cat and the cat is sterilized within that sixty-day period; or

     (3)  The owner of the cat can provide verifiable proof upon request by the applicable county animal control authority that the cat is approved by and registered with a national or international breed registry or association that, at minimum, requires verification of:

          (A)  Breed;

          (B)  Date of birth;

          (C)  Name of the registered sire and dam;

          (D)  Name of the breeder; and

          (E)  Other information related to breeding, transfer or ownership, and death.

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

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

     SECTION 3.  Section 235-102.5, Hawaii Revised Statutes, is amended to read as follows:

     "§235-102.5  Income check-off authorized.  (a)  Any individual whose state income tax liability for any taxable year is $3 or more may designate $3 of the liability to be paid over to the Hawaii election campaign fund, any other law to the contrary notwithstanding, when submitting a state income tax return to the department.  In the case of a joint return of a husband and wife having a state income tax liability of $6 or more, each spouse may designate that $3 be paid to the 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.  An explanation shall be included which clearly states that the check-off does not constitute an additional tax liability.  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 such taxable year.  A designation once made whether by an original or amended return may not be revoked.

     (b)  Notwithstanding any law to the contrary, any individual whose state income tax refund for any taxable year is $2 or more may designate $2 of the refund to be deposited into the school-level minor repairs and maintenance special fund established by section 302A-1504.5, when submitting a state income tax return to the department.  In the case of a joint return of a husband and wife having a state income tax refund of $4 or more, each spouse may designate that $2 be deposited into the special fund.  The director of taxation shall revise the individual state income tax return form to allow the designation of contributions to the special 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 such taxable year.  A designation once made, whether by an original or amended return, may not be revoked.

     (c)  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 paid over to the libraries special fund established by section 312-3.6, 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, may not be revoked.

     (d)  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 paid over as follows:

     (1)  One-third to the Hawaii children's trust fund under section 350B-2; and

     (2)  Two-thirds to be divided equally among:

          (A)  The domestic violence and sexual assault special fund under the department of health in section 321-1.3;

          (B)  The spouse and child abuse special fund under the department of human services in section 346-7.5; and

          (C)  The spouse and child abuse special account under the judiciary in section 601-3.6.

When designated by a taxpayer submitting a state income tax return to the department, the department of budget and finance shall allocate the moneys among the several funds as provided in this subsection.  In the case of a joint return of a husband and wife having a state income tax refund of $10 or more, each spouse may designate that $5 be paid over as provided in this subsection.  The director of taxation shall revise the individual state income tax form to allow the designation of contributions pursuant to this subsection 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 such taxable year.  A designation once made, whether by an original or amended return, may not be revoked.

     (e)  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-   , 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 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 2026-2027 to reduce pet overpopulation, including the free-roaming cat population, by providing spaying and neutering surgery and associated veterinary care; provided that the sum shall be expended as follows:

     (1)  $           for the city and county of Honolulu;

     (2)  $           for the county of Maui;

     (3)  $           for the county of Kauai; and

     (4)  $           for the county of Hawaii.

     The sum appropriated shall be expended by the counties 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, 2026; and

     (2)  Sections 4 and 5 of this Act shall take effect on July 1, 2026.

Report Title:

Spay and Neuter Special Fund; Cat Sterilization; Counties; Animal Control; Income Check-off; Appropriation

Description:

Establishes the Spay and Neuter Special Fund to reduce pet overpopulation, including the free-roaming cat population, and authorizes an income tax designation to provide revenues into the special fund.  Requires cats over the age of five months to be surgically sterilized and prohibits cats that are not surgically sterilized from being brought into the State, with certain exceptions.  Appropriates funds.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to animal control.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     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-   ; and

     (2)  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)  The director of finance shall disburse moneys from the special fund quarterly to the counties.  The amount disbursed shall be prorated based on each county's share of the state population.  The counties shall expend funds 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."

     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.  (a)  It shall be unlawful for any person to:

     (1)  Own a cat over the age of five months, unless the cat is surgically sterilized; or

     (2)  Bring a cat that is not surgically sterilized into the State.

     (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 of the cat and the cat is sterilized within that sixty-day period; or

     (3)  The owner of the cat can provide verifiable proof upon request by the applicable county animal control authority that the cat:

          (A)  Is approved by and registered with a national or international breed registry or association that, at minimum, requires verification of:

              (i)  Breed;

             (ii)  Date of birth;

            (iii)  Name of the registered sire and dam;

             (iv)  Name of the breeder; and

              (v)  Other information related to breeding, transfer or ownership, and death; and

          (B)  Has competed in at least one show or sporting competition hosted or staged by, or under the approval of, a national association; provided that this subparagraph shall not apply to cats that do not meet minimum age requirements for participation in shows or sporting competitions.

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

     (d)  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-   , 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 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 2026-2027 to reduce pet overpopulation, including the free-roaming cat population, by providing spaying and neutering surgery and associated veterinary care; provided that the sum shall be expended as follows:

     (1)  $           for the city and county of Honolulu;

     (2)  $           for the county of Maui;

     (3)  $           for the county of Kauai; and

     (4)  $           for the county of Hawaii.

     The sum appropriated shall be expended by the counties for the purposes of this Act.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval; provided that:

     (1)  Section 3 of this Act shall apply to taxable years beginning after December 31, 2026; and

     (2)  Sections 4 and 5 of this Act shall take effect on July 1, 2026.

Report Title:

Spay and Neuter Special Fund; Cat Sterilization; Counties; Animal Control; Income Check-off; Appropriation

Description:

Establishes the Spay and Neuter Special Fund to reduce pet overpopulation, including the free-roaming cat population, and authorizes an income tax designation to provide revenues into the special fund.  Requires cats over the age of five months to be surgically sterilized and prohibits cats that are not surgically sterilized from being brought into the State, with certain exceptions.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  935-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1736

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred H.B. No. 1736, H.D. 2, entitled:

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

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish the Spay and Neuter Special Fund to reduce pet overpopulation, including the free-roaming cat population, and authorize an income tax designation to provide revenues for the Special Fund;

     (2)  Require cats over the age of five months to be surgically sterilized, unless covered by an intact cat declaration, and condition the importation of intact cats on state and county declaration requirements, with certain exceptions; and

     (3)  Appropriate funds into and out of the Spay and Neuter Special Fund to reduce pet overpopulation.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Hawaiian Humane Society; Big Island Invasive Species Committee; Animal Legal Defense Fund; Bird and Bee Hawaii Animal Sanctuary; American Bird Conservancy; The Wildlife Society Hawaiʻi Chapter; Friends of Kauai Wildlife Refuge; Hawaiʻi Audubon Society; Hawaii Reef and Ocean Coalition; Animal Interfaith Alliance in Britain; Kauai Albatross Network; Hanalei Watershed Hui; Maui Humane Society; Friends of Kauaʻi Wildlife Refuges; and numerous individuals.  Your Committee received testimony in opposition to this measure from the Cat Fanciers of Hawaii Cat Club; Animal Rights Hawaii; Cat Fanciers Association; Pacific Pet Alliance; Kauai Community Cat Project; Hawaii SPCA; Cat Friends; Kohala Animal Relocation and Education Service; Jungle Cat Ladies Sanctuary Volcano, HI; Kaiju Kitties Cattery; and numerous individuals.  Your Committee received comments on this measure from the Department of Taxation; Department of Budget and Finance; Humane World for Animals; and four individuals.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1736, H.D. 2, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  747-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1736

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1736, H.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish the Spay and Neuter Special Fund to reduce pet overpopulation, including the free-roaming cat population, and authorize an income tax designation to provide revenues for the Special Fund;

     (2)  Require cats over the age of five months to be surgically sterilized and prohibit cats that are not surgically sterilized from being brought into the State, with certain exceptions; and

     (3)  Appropriate funds into and out of the Spay and Neuter Special Fund to reduce pet overpopulation.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Animal Rights Hawaiʻi; Friends of Kauaʻi Wildlife Refuges; Nēnē Research and Conservation; Kauaʻi Albatross Network; Hanalei Watershed Hui; American Bird Conservancy; Hawaiʻi Audubon Society; and numerous individuals.  Your Committee received testimony in opposition to this measure from the Animal Interfaith Alliance of Britain; Hawaiian Humane Society; Cat Fanciers of Hawaii; Action for Animals Hawaii; Pacific Pet Alliance; and numerous individuals.  Your Committee received comments on this measure from the Department of Taxation; Kauai Community Cat Project; and one individual.

     Your Committee finds that uncontrolled breeding of cats contributes to persistent animal control, public health, and public nuisance concerns.  Your Committee further finds that preventative measures, including mandatory sterilization supported by accessible funding mechanisms, provide a more effective and legally sustainable approach than reactive enforcement alone.

     Your Committee has amended this measure by:

     (1)  Clarifying that placement of spayed or neutered cats into fully enclosed cat sanctuaries does not constitute re-release into the environment for purposes of the Spay and Neuter Special Fund;

     (2)  Amending the cat sterilization provisions to require cats over five months of age to be surgically sterilized unless covered by a valid intact cat declaration, and to allow the importation of intact cats only upon the filing of a declaration with the Department of Agriculture and Biosecurity and timely follow-up with the applicable county animal control authority;

     (3)  Replacing the breeder registry exemption with an intact cat declaration process administered by county animal control authorities, including authorization to charge and retain a declaration fee;

     (4)  Establishing minimum information requirements for state and county declarations and requiring the Department of Agriculture and Biosecurity and county animal control authorities to provide a declaration record for enforcement purposes;

     (5)  Deleting the exemption for cats brought into the State for shows or exhibitions;

     (6)  Defining "county animal control authority" to mean the county agency that enforces animal control or the county's contracted society or organization for animal control; and

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

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1736, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1736, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  41-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1736

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Agriculture & Food Systems, to which was referred H.B. No. 1736 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish the Spay and Neuter Special Fund to reduce pet overpopulation, including the free-roaming cat population, and authorizes an income tax designation to provide revenues for the Special Fund;

     (2)  Require cats over the age of five months to be surgically sterilized and prohibit cats that are not surgically sterilized from being brought into the State, with certain exceptions; and

     (3)  Appropriate funds into and out of the Spay and Neuter Special Fund to reduce pet overpopulation.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; American Bird Conservancy; Aloha Animal Advocates; Animal Rights Hawaiʻi; Ahahui Mālama i Ka Lōkahi, Hawaiians for the Conservation of Native Ecosystems; Animal Interfaith Alliance in Britain; Hawaiian Humane Society; Hui Hoomalu I ka Aina; Waianae Wags Pet Food Pantry; Animal Legal Defense Fund; Kauaʻi Humane Society; Cat Friends; Nene.org; and numerous individuals.  Your Committee received testimony in opposition to this measure from the Cat Fanciers of Hawaii and four individuals.  Your Committee received comments on this measure from the Department of Taxation and one individual.

     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 Spay and Neuter Special Fund to provide funding to the counties to reduce pet overpopulation.

     Your Committee has amended this measure by:

     (1)  Deleting language that would have required the owner of a cat to provide verifiable proof that the cat has competed in at least one show or sporting competition hosted or staged by a national association to be exempt from the cat sterilization requirement;

     (2)  Establishing the income tax designation to provide revenues into the Spay and Neuter Special Fund under section 235-102.5, Hawaii Revised Statutes, which statutorily authorizes other income tax designation options;

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

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

     As affirmed by the record of votes of the members of your Committee on Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1736, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1736, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,