The bill proposes an amendment to Chapter 663 of the Hawaii Revised Statutes, creating an exception to liability for individuals rendering emergency nonmedical assistance to animals. It stipulates that anyone acting without remuneration or expectation of compensation would not be liable for civil damages resulting from their actions, as long as those actions don't constitute gross negligence. This legislation is seen as a necessary measure to foster a culture of support for animal welfare and emergency assistance.
Summary
House Bill 1512, introduced in the State of Hawaii, addresses the issue of liability for individuals who provide emergency nonmedical care and assistance to animals in distress. The bill recognizes that residents view animals as more than just property; they see them as integral family members deserving of protection. This legislation aims to encourage bystanders to assist animals without fear of legal repercussions, specifically limiting civil liability for those who act in good faith during emergencies involving animals.
Contention
While the bill has been supported for its potential benefits to animal welfare, it also raises questions regarding the boundaries of liability and the definition of 'nonmedical care.' Critics may argue that the lack of specificity regarding emergency care could lead to misunderstandings or misuse of the protections provided. Additionally, the precedent of protecting good Samaritans in various contexts could be scrutinized as the bill is enacted, influencing future legislation related to liability and emergency assistance.
A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.