HB 547: RELATING TO THE SPAYING AND NEUTERING OF ANIMALS.

A BILL FOR AN ACT

RELATING TO THE SPAYING AND NEUTERING OF ANIMALS.

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

     SECTION 1.   The legislature finds that animal overpopulation contributes to animal suffering in Hawaii.  Spaying and neutering pets are proven ways to reduce pet overpopulation and euthanasia rates.  The legislature further finds that the humane reduction of the free-roaming cat population is in the best interest of cats, wildlife, the environment, and humans.  However, the State does not contribute funds to address these issues.

      Accordingly, the purpose of this Act is to establish and appropriate funds into a spay and neuter special fund to reduce pet overpopulation and the reproduction of free-roaming cats and establish various revenue and fundraising sources for the special fund.

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

     "§143-     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);

     (2)  Revenue generated by the fundraising fees from special number plates pursuant to section 249-   ; 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 and the reproduction of free-roaming cats by providing spaying and neutering surgery and associated veterinary care; provided that 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 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 five 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 Hawaii Animal Welfare Association or its successor organization, who shall be invited to participate;

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

     (4)   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 pay but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties."

     SECTION 3.  Chapter 249, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§249-     Special number plates; spay and neuter special fund; authorized.  (a)  Notwithstanding any law to the contrary, the director of finance shall issue to any registered owner of a motor vehicle, who is a resident of the State, upon completed application and payment of the required fees, a special number plate for the registered owner's motor vehicle supporting the spay and neuter special fund.

     (b)  The director of finance of the city and county of Honolulu, in consultation with the directors of finance of the counties of Hawaii, Kauai, and Maui; chiefs of police of the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui; and advisory committee of the spay and neuter special fund, shall establish a special number plate design that:

     (1)  Contains words, images, or both, that indicate the special number plate is issued to recognize the spaying and neutering of animals;

     (2)  Is similar in shape and size to the uniform state number plate prescribed by law; and

     (3)  Does not obstruct the visibility of the numbers or letters or any other information that is required by law to be on a number plate and is readily identifiable and distinguishable under actual traffic conditions.

     (c)  The special number plate design shall not:

     (1)  Infringe upon or otherwise violate any trademark, trade name, service mark, copyright, or other proprietary or property right;

     (2)  Represent any obscene or degrading image, idea, word, or phrase;

     (3)  Advertise or endorse a product, brand, or service that is provided for sale;

     (4)  Promote any religious belief; or

     (5)  Promote any philosophy based on prejudice or that is contrary to state civil rights laws.

     (d)  Each special number plate shall be securely fastened to the motor vehicle in lieu of the uniform state number plate.

     (e)  The director of finance shall charge a special number plate fee at least equal to the county's cost of providing the special number plate and administrative costs, if any, plus a fundraising fee to be determined by the director of finance in consultation with the advisory committee of the spay and neuter special fund.  The fundraising fee shall be in addition to any other state or county fees collected for a motor vehicle registration or license plate.

     (f)  The director of finance may charge an additional fundraising fee of the same or a different amount as the fundraising fee established pursuant to subsection (e), for the renewal of a special number plate.   If an additional fundraising fee is implemented pursuant to this subsection, the director of finance shall revoke the special number plate of any registered owner of a motor vehicle who fails to pay the additional fundraising fee imposed by this subsection.

     (g)  The revenue generated by the fundraising fees, or a portion of the revenue generated by the fundraising fees as determined by the director of finance, shall be deposited into the spay and neuter special fund established by section 143-   .

     (h)  The director of finance may revoke all special number plates issued pursuant to this section if the total number of registered owners of motor vehicles that obtain the special number plates is less than one hundred fifty within three years of issuance of the first special number plate.

     (i)  Nothing in this section shall be construed to apply to any plates issued pursuant to section 249-9.2 or 249-9.5.

     (j)  As used in this section, unless a different meaning appears from the context, "special number plate" means a license plate that recognizes the spaying and neutering of animals."

     SECTION 4.  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 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 that taxable year.  A designation once made, whether by an original or amended return, shall not be revoked."

     SECTION 5.  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 143-   , Hawaii Revised Statutes.

     SECTION 6.  There is appropriated out of the spay and neuter special fund established by section 143-   , 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 and the reproduction of free-roaming cats 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 7.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 3000; provided that section 4 of this Act shall apply to taxable years beginning after December 31, 2024.

Report Title:

Spay and Neuter Special Fund; Special Number Plates; Income Tax Check-off; Appropriation

Description:

Establishes the Spay and Neuter Special Fund to reduce pet overpopulation and the reproduction of free-roaming cats.  Establishes various revenue and fundraising sources for the special fund.  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 THE SPAYING AND NEUTERING OF ANIMALS.

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

     SECTION 1.   The legislature finds that animal overpopulation contributes to animal suffering in Hawaii.  Spaying and neutering pets are proven ways to reduce pet overpopulation and euthanasia rates.  The legislature further finds that the humane reduction of the free-roaming cat population is in the best interest of cats, wildlife, the environment, and humans.  However, the State does not contribute funds to address these issues.

      Accordingly, the purpose of this Act is to establish and appropriate funds into a spay and neuter special fund to reduce pet overpopulation and the reproduction of free-roaming cats and various revenue and fundraising sources for the special fund.

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

     "§143-     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)  Revenue generated by the fundraising fees from special number plates pursuant to section 249-   ; 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 and the reproduction of free-roaming cats by providing spaying and neutering surgery and associated veterinary care; provided that 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 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 five 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 Hawaii Animal Welfare Association or its successor organization, who shall be invited to participate;

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

     (4)   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 pay but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties."

     SECTION 3.  Chapter 249, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§249-     Special number plates; spay and neuter special fund; authorized.  (a)  Notwithstanding any law to the contrary, the director of finance shall issue to any registered owner of a motor vehicle, who is a resident of the State, upon completed application and payment of the required fees, a special number plate for the registered owner's motor vehicle supporting the spay and neuter special fund.

     (b)  The director of finance of the city and county of Honolulu, in consultation with the directors of finance of the counties of Hawaii, Kauai, and Maui; chiefs of police of the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui; and advisory committee of the spay and neuter special fund, shall establish a special number plate design that:

     (1)  Contains words, images, or both, that indicate the special number plate is issued to recognize the spaying and neutering of animals;

     (2)  Is similar in shape and size to the uniform state number plate prescribed by law; and

     (3)  Does not obstruct the visibility of the numbers or letters or any other information that is required by law to be on a number plate and is readily identifiable and distinguishable under actual traffic conditions.

     (c)  The special number plate design shall not:

     (1)  Infringe upon or otherwise violate any trademark, trade name, service mark, copyright, or other proprietary or property right;

     (2)  Represent any obscene or degrading image, idea, word, or phrase;

     (3)  Advertise or endorse a product, brand, or service that is provided for sale;

     (4)  Promote any religious belief; or

     (5)  Promote any philosophy based on prejudice or that is contrary to state civil rights laws.

     (d)  Each special number plate shall be securely fastened to the motor vehicle in lieu of the uniform state number plate.

     (e)  The director of finance shall charge a special number plate fee at least equal to the county's cost of providing the special number plate and administrative costs, if any, plus a fundraising fee to be determined by the director of finance in consultation with the advisory committee of the spay and neuter special fund.  The fundraising fee shall be in addition to any other state or county fees collected for a motor vehicle registration or license plate.

     (f)  The director of finance may charge an additional fundraising fee of the same or a different amount as the fundraising fee established pursuant to subsection (e), for the renewal of a special number plate.   If an additional fundraising fee is implemented pursuant to this subsection, the director of finance shall revoke the special number plate of any registered owner of a motor vehicle who fails to pay the additional fundraising fee imposed by this subsection.

     (g)  The revenue generated by the fundraising fees, or a portion of the revenue generated by the fundraising fees as determined by the director of finance, shall be deposited into the spay and neuter special fund established by section 143-   .

     (h)  The director of finance may revoke all special number plates issued pursuant to this section if the total number of registered owners of motor vehicles that obtain the special number plates is less than one hundred fifty within three years of issuance of the first special number plate.

     (i)  Nothing in this section shall be construed to apply to any plates issued pursuant to section 249-9.2 or 249-9.5.

     (j)  As used in this section, unless a different meaning appears from the context, "special number plate" means a license plate that recognizes the spaying and neutering of animals."

     SECTION 4.  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 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 that taxable year.  A designation once made, whether by an original or amended return, shall not be revoked."

     SECTION 5.  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 143-   , Hawaii Revised Statutes.

     SECTION 6.  There is appropriated out of the spay and neuter special fund established by section 143-   , 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 and the reproduction of free-roaming cats 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 7.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 3000; provided that section 4 of this Act shall apply to taxable years beginning after December 31, 2024.

Report Title:

Spay and Neuter Special Fund; Special Number Plates; Income Check-off; Appropriation

Description:

Establishes the Spay and Neuter Special Fund to reduce pet overpopulation and the reproduction of free-roaming cats and various revenue and fundraising sources for the special fund.  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 the Spaying and Neutering of Animals.

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

     SECTION 1.   The legislature finds that animal overpopulation contributes to animal suffering in Hawaii.  Spaying and neutering pets are proven ways to reduce pet overpopulation and euthanasia rates.  The legislature further finds that the humane reduction of the free-roaming cat population is in the best interest of cats, wildlife, the environment, and humans.  However, the State does not contribute funds to address these issues.

      Accordingly, the purpose of this Act is to establish a spay and neuter special fund to reduce pet overpopulation and the reproduction of free-roaming cats and various revenue and fundraising sources for the special fund.

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

     "§143-     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)  Revenue generated by the fundraising fees from special number plates pursuant to section 249-   ; 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 and the reproduction of free-roaming cats by providing spaying and neutering surgery and associated veterinary care; provided that 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 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 five 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 Hawaii Animal Welfare Association or its successor organization, who shall be invited to participate;

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

     (4)   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 pay but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties."

     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.  Chapter 249, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§249-     Special number plates; spay and neuter special fund; authorized.  (a)  Notwithstanding any law to the contrary, the director of finance shall issue to any registered owner of a motor vehicle, who is a resident of the State, upon completed application and payment of the required fees, a special number plate for the registered owner's motor vehicle supporting the spay and neuter special fund.

     (b)  The director of finance of the city and county of Honolulu, in consultation with the directors of finance of the counties of Hawaii, Kauai, and Maui; chiefs of police of the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui; and advisory committee of the spay and neuter special fund, shall establish a special number plate design that:

     (1)  Contains words, images, or both, that indicate the special number plate is issued to recognize the spaying and neutering of animals;

     (2)  Is similar in shape and size to the uniform state number plate prescribed by law; and

     (3)  Does not obstruct the visibility of the numbers or letters or any other information that is required by law to be on a number plate and is readily identifiable and distinguishable under actual traffic conditions.

     (c)  The special number plate design shall not:

     (1)  Infringe upon or otherwise violate any trademark, trade name, service mark, copyright, or other proprietary or property right;

     (2)  Represent any obscene or degrading image, idea, word, or phrase;

     (3)  Advertise or endorse a product, brand, or service that is provided for sale;

     (4)  Promote any religious belief; or

     (5)  Promote any philosophy based on prejudice or that is contrary to state civil rights laws.

     (d)  Each special number plate shall be securely fastened to the motor vehicle in lieu of the uniform state number plate.

     (e)  The director of finance shall charge a special number plate fee at least equal to the county's cost of providing the special number plate and administrative costs, if any, plus a fundraising fee to be determined by the director of finance in consultation with the advisory committee of the spay and neuter special fund.  The fundraising fee shall be in addition to any other state or county fees collected for a motor vehicle registration or license plate.

     (f)  The director of finance may charge an additional fundraising fee of the same or a different amount as the fundraising fee established pursuant to subsection (e), for the renewal of a special number plate.   If an additional fundraising fee is implemented pursuant to this subsection, the director of finance shall revoke the special number plate of any registered owner of a motor vehicle who fails to pay the additional fundraising fee imposed by this subsection.

     (g)  The revenue generated by the fundraising fees, or a portion of the revenue generated by the fundraising fees as determined by the director of finance, shall be deposited into the spay and neuter special fund established by section 143-   .

     (h)  The director of finance may revoke all special number plates issued pursuant to this section if the total number of registered owners of motor vehicles that obtain the special number plates is less than one hundred fifty within three years of issuance of the first special number plate.

     (i)  Nothing in this section shall be construed to apply to any plates issued pursuant to section 249-9.2 or 249-9.5.

     (j)  As used in this section, unless a different meaning appears from the context, "special number plate" means a license plate that recognizes the spaying and neutering of animals."

      SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $50,000 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 143-   , Hawaii Revised Statutes.

     SECTION 6.  There is appropriated out of the spay and neuter special fund established by section 143-   , Hawaii Revised Statutes, the sum of $50,000 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 and the reproduction of free-roaming cats 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 7.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2025; provided that section 3 of this Act shall apply to taxable years beginning after December 31, 2024.

Report Title:

Spay and Neuter Special Fund; Special Number Plates; Income Check-off

Description:

Establishes the Spay and Neuter Special Fund to reduce pet overpopulation and the reproduction of free-roaming cats and various revenue and fundraising sources for the special fund.

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.  680

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 547

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Culture & Arts, to which was referred H.B. No. 547, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE SPAYING AND NEUTERING OF ANIMALS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish and appropriate funds into a Spay and Neuter Special Fund to reduce pet overpopulation and the reproduction of free-roaming cats; and

     (2)  Establish various revenue and fundraising sources for the Spay and Neuter Special Fund.

     Your Committee received testimony in support of this measure from the Hawaiian Humane Society; Neighborhood Cats; Animal Interfaith Alliance in Britain; Hawaiʻi Reef and Ocean Coalition; Humane Society of the United States; Cat Friends; Big Island Invasive Species Committee; and numerous individuals.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Department of Taxation; Department of the Attorney General; Department of Land and Natural Resources; Department of Budget and Finance; and Tax Foundation of Hawaii.

     Your Committee finds that the spaying and neutering of free-roaming animals is a popular method used to reduce the free-roaming animal population.  Your Committee recognizes that this measure provides a useful strategy to preserve the State's unique biodiversity and protect its wildlife.

     Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider which department would be the most appropriate to administer the Spay and Neuter Special Fund and lead the efforts of the Advisory Committee in establishing eligibility criteria and procedures for disbursements from the special fund.

     Your Committee has amended this measure by 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 Culture & Arts that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 547, 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. 547, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Culture & Arts,

STAND. COM. REP. NO.  232

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 547

      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 Agriculture & Food Systems, to which was referred H.B. No. 547 entitled:

"A BILL FOR AN ACT RELATING TO THE SPAYING AND NEUTERING OF ANIMALS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish and appropriate funds into a Spay and Neuter Special Fund to reduce pet overpopulation and the reproduction of free-roaming cats; and

     (2)  Establish various revenue and fundraising sources for the Special Fund.

     Your Committee received testimony in support of this measure from the Animal Interfaith Alliance in Britain; Animal Rights Hawai‘i; AdvoCATS, Inc.; Hawaiian Humane Society; Hawai‘i Reef and Ocean Coalition; Aloha Animal Advocates; Pele Lani Farm, LLC; Big Island Invasive Species Committee; and numerous individuals.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Department of Budget and Finance; Department of Land and Natural Resources; Department of Taxation; and Tax Foundation of Hawaii.

     Your Committee finds that feral cats have become a significant issue in Hawaii, particularly in suburban and urban areas, where their growing population threatens native wildlife, disrupts ecosystems, and raises public health concerns.  Spaying and neutering are effective methods for reducing pet overpopulation and humanely managing free-roaming cat populations.  Despite the benefits, the State currently provides no dedicated funding to address these issues.  Therefore, to support these efforts, this measure establishes a Spay and Neuter Special Fund, along with various revenue and fundraising sources, to help control pet overpopulation and reduce the number of free-roaming cats in a humane and sustainable manner.

     Your Committee notes the concerns of the Department of Budget and Finance regarding its lack of subject-matter expertise to properly administer the Spay and Neuter Special Fund and possibly appropriating funds directly to the counties, who have historically been responsible for animal control functions.

     Your Committee has amended this measure by:

     (1)  Moving language that authorizes the proposed check-off option for the spaying and neutering of animals for income tax purposes to section 235-102.5, Hawaii Revised Statutes;

     (2)  Changing the appropriation amounts to unspecified amounts;

     (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.

     Your Committee respectfully respects your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $50,000 to be appropriated into and out of the Spay and Neuter Special Fund to reduce pet overpopulation and the reproduction of free-roaming cats.

     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. 547, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 547, H.D. 1, and be referred to your Committee on Culture & Arts.

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