SB1301

THE SENATE	S.B. NO.	1301
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII


2

A BILL FOR AN ACT

relating to tort actions.

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

SECTION 1. It is estimated that fifty‑six per cent of Hawaii households have pets. For millions of Americans, pets are companions and beloved members of the family and when tragedy strikes these beloved animals, their human companions grieve as they would for any other member of the family. For many people, the only familial relationship they have is with their pets.

Yet, under tort law, animals are viewed as personal property, no different than a lamp or table. If someone negligently or intentionally injures a person's pet, the person is only entitled to recover economic damages. The characterization of a pet as property fails to describe the true value a companion animal provides to a person and fails to acknowledge that a companion animal is a sentient and emotive being. The special relationship that a person has with a companion animal deserves special recognition.

The purpose of this measure is to acknowledge the emotional bond between people and their pets and elevate a companion animal's status under the tort law beyond mere property.

SECTION 2. Section 663-8.9, Hawaii Revised Statutes, is amended to read as follows:

"[[]§663-8.9[]] Serious emotional distress arising from property damage; cause of action abolished; [~~exception~~] exceptions for physical injury[.] and damage to a companion animal; exception to liability. (a) No party shall be liable for the negligent infliction of serious emotional distress or disturbance if the distress or disturbance arises solely out of damage to property or material objects.

(b) This section shall not apply if the serious emotional distress or disturbance [~~results~~]:

(1) Results in physical injury to or mental illness of the person who experiences the emotional distress or disturbance[.] or

(2) Arises out of damage to a companion animal; provided that damages recoverable for serious emotional distress or disturbance arising out of damage to a companion animal shall be limited to a maximum award of $ .

As used in this subsection, "companion animal" means a domesticated animal kept in or near a household for the primary purpose of companionship for a member of the household, or a service animal as that term is defined in section 515-3.

(c) A person duly licensed in the State to engage in the practice of veterinary medicine pursuant to chapter 471 shall not be liable for damages under subsection (b) 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."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________