HOUSE OF REPRESENTATIVES

H.B. NO.

1512

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to liability.

 

 

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

 


     SECTION 1.  The legislature finds that the residents of the State view animals, specifically companion animals, as more than simply personal property.  Animals bring comfort and are viewed as extensions of the family.  Animals provide support, guidance, companionship, and therapy.  Animals can provide critical support to residents with disabilities.

     The legislature further finds that the State has a history of promoting the protection of animals.  For more than sixty years, persons who find and take possession of stray dogs have been required to report the stray dogs to animal control.  For more than fifty years, cruelty to animals has been criminalized in the State.  And most recently, Act 91, Session Laws of Hawaii 2021, encouraged bystanders to assist animals in peril by limiting the liability of duly licensed veterinarians who render emergency care and treatment to an animal.

     However, the legislature finds that more may be done to encourage and protect bystanders who are not duly licensed veterinarians that assist animals in an emergency.

     Accordingly, the purpose of this Act is to limit the civil liability of good Samaritans who render emergency nonmedical care and emergency nonmedical assistance to animals during an emergency.

     SECTION 2.  Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§663-     Exception to liability; emergency nonmedical care and emergency nonmedical assistance to animals.  (a)  Any person who in good faith renders emergency nonmedical care or emergency nonmedical assistance, without renumeration or expectation of renumeration, at the scene of an emergency to an animal shall not be liable for any civil damages resulting from the person's acts or omissions, except for such damages as may result from the person's gross negligence or wanton acts or omissions.

     (b)  Nothing in this section shall be construed to alter existing protections from liability for licensed professionals under any other law."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Civil Immunity; Emergency Nonmedical Care; Emergency Nonmedical Assistance; Animals

 

Description:

Limits the civil liability of good Samaritans who render emergency nonmedical care and emergency nonmedical assistance to animals during an emergency.

 

 

 

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