HOUSE OF REPRESENTATIVES

H.C.R. NO.

89

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY OF, AND DRAFT PROPOSED LEGISLATION RELATING TO, THE CARE OF RESCUED ANIMALS AND REIMBURSEMENT FOR, AND IMMUNITY FROM, CIVIL AND CRIMINAL LIABILITY FOR THE CARE OF RESCUED ANIMALS.  

 

 


     WHEREAS, Hawaii has experienced incidents of animals in need of rescue and veterinary care; and

 

     WHEREAS, Hawaii currently has no Good Samaritan law relating to the care of rescued animals and reimbursement, or immunity from civil and criminal liability for, that care; and

 

     WHEREAS, many states have some form of Good Samaritan law relating to caring for animals; and

 

     WHEREAS, Wyoming has enacted legislation that provides protection for individuals in possession of a stray animal that subsequently dies, provided that the death was not the result of mistreatment or wilful neglect by the person; and

 

     WHEREAS, Vermont has enacted legislation that provides immunity for veterinarians and other individuals who, in good faith, provide care and treatment for an animal during an emergency, under certain conditions; and

 

     WHEREAS, Washington has enacted legislation that provides immunity from liability for licensed veterinarians who report suspected incidents of unlawful animal cruelty, under certain conditions; and

 

     WHEREAS, South Carolina has enacted legislation that provides immunity from civil and criminal liability for individuals, including licensed veterinarians, who, in good faith and without compensation, render emergency care or treatment to a domestic animal that is abandoned, ill, injured, or in distress; and

 

     WHEREAS, North Dakota has enacted legislation that provides immunity from civil and criminal liability for certain individuals for acts taken or omitted while attempting to comply with the State's provisions regarding the humane treatment of animals; and

 

     WHEREAS, Ohio has enacted legislation that permits any person to take possession of an animal to protect it from neglect, permits any person to enter any place in which an animal is impounded, exempts from liability for actions for entry for the purpose of providing the animal with necessary food, water, or proper attention, and permits collection from the animal's owner or necessary expenses for food and attention; and

 

WHEREAS, conducting a study of Good Samaritan laws regarding animal protection throughout the United States is the first step toward Hawaii legislation regarding this issue; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the Senate concurring, that the Legislative Reference Bureau is requested to conduct a study of, and draft proposed legislation relating to, the care of rescued animals and reimbursement for, and immunity from, civil and criminal liability for the care of rescued animals; and

 

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau is further requested to submit findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to convening of the 2017 Regular Session; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Director of the Legislative Reference Bureau.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Animal Good Samaritan Law Study