Hawaii-2022-SB51-Introduced

SECTION 1. The legislature finds that every year, hundreds of pets tragically lose their lives when their owners leave them alone in parked vehicles in extreme temperatures. Many pet owners are unaware that even on a temperate day, the inside of a parked vehicle can reach extreme temperatures within minutes. According to the American Veterinary Medical Association, the temperature inside a vehicle with all the windows closed can hit eighty-nine degrees in just ten minutes. On a hot day, the temperature inside of a closed vehicle can reach as high as one hundred fourteen degrees in the same amount of time. While humans can cool themselves by relying on an extensive system of sweat glands and evaporation, pet animals have a harder time staying cool, leaving them extremely vulnerable to heat stroke. Therefore, leaving pet animals in vehicles can cause severe dehydration and even death.

The purpose of this Act is to prohibit leaving animals in unattended vehicles and to allow certain public officials and private citizens to rescue pet animals in unattended vehicles if certain conditions are met, including having a good-faith, reasonable belief that the animal is in imminent danger.

SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§711- Confinement of a pet animal in an unattended vehicle; permitted protection and rescue of an animal; penalties. (a) A person shall not confine a pet animal in an unattended vehicle in a manner that could reasonably be expected to threaten the health and well-being of a pet animal due to conditions that include but are not limited to exposure to extreme heat, extreme cold, or ventilation.

(b) After making reasonable efforts to locate the unattended vehicle's owner, an animal control officer, law enforcement officer, or firefighter may enter a vehicle by any reasonable means to protect the health and safety of a pet animal who is endangered by confinement in an unattended vehicle. A law enforcement officer, animal control officer, or firefighter may enter the unattended vehicle for the sole purpose of assisting the pet animal and shall not search the vehicle or seize items found in the vehicle unless otherwise permitted by law.

(c) An animal control officer, law enforcement officer, or firefighter who removes or otherwise retrieves a pet animal under this section shall:

(1) Leave written notice in a secure and conspicuous location or in the vehicle bearing the officer's or fire fighter's name and title and the address of the location where the pet animal may be retrieved; and

(2) Deliver the pet animal to a veterinary hospital or animal clinic for a health screening and treatment.

(d) An animal control officer, law enforcement officer, or firefighter who removes or otherwise retrieves a pet animal from an unattended vehicle pursuant to subsection (b) and the agency or municipality that employs the officer or fire fighter shall be immune from criminal or civil liability that might otherwise result from the removal.

(e) After making reasonable efforts to locate an unattended vehicle's owner, a person other than an animal control officer, law enforcement officer, or firefighter may enter an unattended vehicle to remove a pet animal to protect the health and safety of that pet animal; provided that the person:

(1) Determines that the unattended vehicle is locked and there are no reasonable means of egress for the pet animal from the vehicle;

(2) Has a good faith and reasonable belief, based upon known circumstances, that entry into the unattended vehicle is reasonably necessary to prevent imminent danger or harm to the pet animal;

(3) Attempts to contact law enforcement who can immediately act to retrieve the pet animal or calls 911 before entering the unattended vehicle;

(4) Shall not use more force than reasonably necessary to enter the unattended vehicle and remove the pet animal; and

(5) Remains with the pet animal in a safe location in reasonable proximity to the unattended vehicle until law enforcement or another first responder arrives.

(f) A person who removes an animal from an unattended vehicle pursuant to subsection (e) shall be immune from criminal or civil liability that might otherwise result from the removal.

(g) A violation of this section shall be punished by a fine of not more than $150 for a first offense, by a fine of not more than $300 for a second offense, and by a fine of not more than $500 for a third or subsequent offense.

(h) The owner may retrieve the pet animal removed from the unattended vehicle pursuant to this section only after payment of all charges that have accrued for the maintenance, care, medical treatment, and impoundment of the animal.

(i) For the purposes of this section:

"Extreme cold" means a low temperature, inside or outside of a vehicle that could endanger a pet animal's health or well-being.

"Extreme heat" means a high temperature, inside or outside of a vehicle, that could endanger a pet animals' health or well-being.

"Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

"Pet animal" shall have the same meaning as defined in section 711-1100.

"Unattended vehicle" means a vehicle that is out of sight of the vehicle owner or operator.

"Vehicle" means a car, truck, camper, or other form of transportation in which a pet animal can be transported."

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	51
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII