RELATING TO ANIMAL CONTROL.

Budget Taxes

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: EVSLIN, KAHALOA, LOWEN, MARTEN, TARNAS, Matsumoto
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

The bill does not specify when exactly this law will start to affect people and counties.

Rules for Cat Spaying and Neutering

This bill sets up rules to reduce pet overpopulation by requiring cats to be spayed or neutered, creating a special fund to pay for surgeries, and allowing counties to issue permits for responsible breeding.

What This Bill Does

Establishes the Spay and Neuter Special Fund to provide money for cat sterilization surgeries.
Requires female cats over three months old and male cats over five months old to be surgically sterilized unless they have a special permit or health exemption.
Allows county animal control offices to issue permits for responsible breeding of cats, with rules about selling or adopting kittens.
Funds the Spay and Neuter Special Fund through income tax designations and fees from special license plates.

Who It Names or Affects

Cat owners who need to get their cats spayed or neutered unless they have a permit.
Counties that can issue breeding permits and enforce rules about selling or adopting kittens.
Taxpayers who can choose to give some of their tax refund to the Spay and Neuter Special Fund.

Terms To Know

Spaying: A surgery that stops female cats from having babies.
Neutering: A surgery that stops male cats from making kittens.

Limits and Unknowns

The bill does not specify how the special fund will be used or managed.
It is unclear when exactly this law will start to affect people and counties.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment establishes a special fund to support spaying and neutering of pets, creates an advisory committee for the fund's management, and requires cats over certain ages to be sterilized unless they have a breeding permit.

Establishes a new 'Spay and Neuter Special Fund' in the state treasury to provide financial support for reducing pet overpopulation through spaying and neutering surgeries.
Creates an advisory committee within the Department of Budget and Finance to oversee the eligibility criteria and disbursement procedures for funds from the special fund.
Requires all female cats over three months old and male cats over five months old to be sterilized, with exemptions available under certain conditions.

The amendment text is detailed but does not specify how existing animal control laws will interact with these new provisions.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-02-12 H
The committee(s) on JHA recommend(s) that the measure be deferred.
2025-02-07 H
Bill scheduled to be heard by JHA on Wednesday, 02-12-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2025-02-06 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; Representative(s) Garcia, Kong, Muraoka, Pierick voting no (4) and Representative(s) Ward excused (1).
2025-02-06 H
Reported from CPC (Stand. Com. Rep. No. 236) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2025-01-29 H
The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Matayoshi, Chun, Ilagan, Ichiyama, Iwamoto, Marten, Tam; Ayes with reservations: none; 2 Noes: Representative(s) Kong, Pierick; and 1 Excused: Representative(s) Lowen.
2025-01-27 H
Bill scheduled to be heard by CPC on Wednesday, 01-29-25 2:00PM in House conference room 329 VIA VIDEOCONFERENCE.
2025-01-21 H
Referred to CPC, JHA, FIN, referral sheet 1
2025-01-17 H
Introduced and Pass First Reading.
2025-01-16 H
Pending introduction.

Official Summary Text

RELATING TO ANIMAL CONTROL.
Spay and Neuter Special Fund; Cat Sterilization; Breeding Cat Permit; Requirements; Counties; Animal Control; Income Check-off; Appropriation ($)
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 that female cats over the age of three months and male cats over the age of five months be surgically sterilized, with certain exceptions. Authorizes county animal control authorities to establish and enforce a permit program to allow the responsible breeding of cats. Establishes minimum requirements for breeding permits and penalties. Appropriates funds. Effective 7/1/3000. Applies to taxable years after 12/31/2025. (HD1)

Current Bill Text

Read the full stored bill text

HB364

HOUSE OF REPRESENTATIVES

H.B. NO.

364

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to animal control
.

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

����
SECTION 1.
�
Chapter 143, Hawaii Revised Statutes, is
amended by adding two new sections to be appropriately designated and to read
as follows:

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"
�143-A
�
Cat
sterilization; cat breeding permit; requirements.
�
(a)
�
It shall be unlawful for any person to own a
cat over the age of three months unless the cat is surgically sterilized.

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

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

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

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

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

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

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

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

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

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

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

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

����
(3)
�
Require one
permit per breeding cat.

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

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

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

���������
(A)
�
The
breeding cat covered by the permit:

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

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

�����������
(iii)
�
Is

not genetically similar to any cat the breeding cat is being bred with;

������������
(iv)
�
Is

up-to-date on prophylactic health care, including core cat
vaccines;

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

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

�����������
(vii)
�
For
a female cat,
has not had more than one litter a year and less
than four litters in its lifetime; and

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

����
(e)
�

No person convicted of
cruelty to animals under sections
711-1108.5, 711‑1109, or 711-1109.7 shall be issued a cat breeding permit
under this section.

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

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

����
�143-B
�
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- ;

����
(3)
�
Fees
collected pursuant to section 143-A(d)(1); and

����
(4)
�
Legislative
appropriations, private gifts or donations, and other sources,

shall be deposited into the special fund.
�

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

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

����
(c)
�

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

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

����
(1)
�

One
representative of the department of budget and finance;

����
(2)
�
One
representative of the department of land and natural resources;

����
(3)
�
One
representative of the department of health;

����
(4)
�

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

����
(5)
�

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

����
(6)
�

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

����
The
advisory committee shall select a chairperson from among its members.

�
All members of the advisory committee shall be
residents of the State and shall serve three-year terms.

�

All
members shall have an active interest in humanely reducing pet overpopulation
and reducing the number of free-roaming cats in the State.

����
(d)
�

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

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

����
SECTION 2.
�
Chapter 235, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

����
"
�
235-
�
Income check-off

authorized; spaying and neutering of animals.
�

Notwithstanding any law to the contrary, any individual whose state
income tax refund for any taxable year is $5 or more may designate $5 of the
refund to be deposited into the spay and neuter special fund established by
section 143-B, when submitting a state income tax return to the department.
�
In the case of a joint return of a married
couple having a state income tax refund of $10 or more, each spouse may
designate that $5 be deposited into the special fund.
�
The director of taxation shall revise the
individual state income tax form to allow the designation of contributions to
the fund on the face of the tax return and immediately above the signature
lines.
�
If no designation was made on the
original tax return when filed, a designation may be made by the individual on
an amended return filed within twenty months and ten days after the due date
for the original return for that taxable year.
�

A designation once made, whether by an original or amended return, shall
not be revoked.
"

����
SECTION 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-B.

����
(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.
�

There is appropriated out of the general revenues of the State of Hawaii
the sum of $500,000 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-B,
Hawaii Revised Statutes.

����
SECTION 5.
�

There is appropriated out of the spay and neuter special fund
established by section 143-B, Hawaii Revised Statutes, the sum of $500,000 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, including the free-roaming cat population, by providing spaying
and neutering surgery and associated veterinary care.

����
The sums

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

����
SECTION 6.
�
In codifying the new sections added by
section 1 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.

����
SECTION 7.
�
New statutory material is underscored.

����
SECTION 8.
�
This Act shall take effect on January 1, 2026;
provided that:

����
(1)
�
Section 2 of this
Act shall
apply to taxable
years beginning after December 31, 2024; and

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

INTRODUCED BY:

_____________________________

Report Title:

Cat
Sterilization; Breeding Permit; Requirements; Counties; Animal Control; Spay
and Neuter Special Fund; Special Number Plates; Income Check-off; Appropriation

Description:

Requires that
cats over the age of three months be surgically sterilized, with certain
exceptions.
�
Authorizes county animal
control authorities to establish and enforce a permit program to allow the
responsible breeding of cats.
�

Establishes minimum requirements for breeding permits and penalties.
�
Establishes the Spay and Neuter Special Fund
to
reduce pet overpopulation, including the free-roaming cat population,

and various revenue and fundraising
sources for the special fund.
�

Appropriates funds.
�
Effective
1/1/2026.

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