Bill Text: HI SB329 | 2013 | Regular Session | Amended

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Bill Title: Tort Actions; Exemption from Civil Liability; Providing Shelter and Food to Animals in Need

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-03-18 - The committee(s) on CPC recommend(s) that the measure be deferred. [SB329 Detail]

Download: Hawaii-2013-SB329-Amended.html

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STAND. COM. REP. NO. 491

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 329

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 329 entitled:

 

"A BILL FOR AN ACT RELATING TO ANIMALS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to support charitable and nonprofit animal shelter and rescue organizations that care for animals in need.  Specifically, this measure:

 

     (1)  Exempts from civil liability any charitable or nonprofit organization for providing shelter or subsistence to any animal in need; and

 

     (2)  Exempts from civil liability any person who donates goods, food, materials, or services to a charitable or nonprofit organization for the purpose of providing shelter or subsistence to any animal in need.

 

     Your Committee received testimony in support of this measure from the Humane Society of the United States-Hawaii, Hui Pono Holoholona, and one individual.

 

     There are many charitable and nonprofit animal shelters and rescue organizations that in good faith provide shelter or proper means of subsistence to any animal in need as part of its bona fide and customary charitable activities.  Your Committee finds that these organizations provide an important service that should not be discouraged due to fear that their acts could potentially be subject to civil liability.  This measure encourages charitable and nonprofit animal shelters and rescue organizations to continue to provide services without the fear of liability in caring for animals in good faith.

 

     Your Committee further finds that many of these animal shelters and rescue organizations run entirely on donations with much of their work performed by volunteers.  One of the major expenses of these organizations is the cost of supplies to care for animals.  This measure will encourage individuals and businesses to donate necessary items to local animal shelters and rescue organizations without the fear of liability related to the items they donated.

 

     Your Committee notes that this measure is similar to section 663-10.6, Hawaii Revised Statutes, which exempts from civil liability charitable or nonprofit organizations that provide shelter and subsistence to the needy and exempts any person from civil liability for donating goods, food, materials, and services to the charitable or nonprofit organization for injuries and damages resulting from the donation.

 

     Your Committee has amended this measure by inserting an effective date of July 1, 2050, to encourage further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 329, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 329, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

		____________________________ CLAYTON HEE, Chair