| 47 | | - | 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 legislature further finds that immediate action is necessary to protect the lives of animals trapped in hot motor vehicles. To encourage bystanders to take immediate action and render necessary aid, fourteen states have enacted good Samaritan laws to limit the liability of private citizens who rescue animals that have been left unattended in motor vehicles. The purpose of this Act is to establish good Samaritan protections for bystanders who rescue animals that have been left unattended in motor vehicles. 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- Unattended animals in motor vehicles; limitation of liability. (a) No cause of action shall arise nor shall any liability be imposed against a person for any property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing an animal in accordance with section 708‑ , except for any acts or omissions that constitute wilful misconduct. (b) The immunity from civil liability for property damage or trespass to a motor vehicle that is established by subsection (a) shall not affect a person's civil liability or immunity from civil liability for rendering aid to an animal." SECTION 3. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§708- Unattended animals in motor vehicles; limitation of liability. (a) Any person who observes an animal left unattended in a motor vehicle and determines that the unattended animal is in physical danger may use whatever means are reasonably necessary to protect the animal and remove the animal from the motor vehicle. (b) A person who removes the animal from the motor vehicle in accordance with subsection (a) shall not be criminally liable for actions taken reasonably and in good faith if the person: (1) Determines that the motor vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the motor vehicle; (2) Has a good faith belief that forcible entry into the motor vehicle is necessary because the animal is in imminent physical danger of suffering harm if the animal is not immediately removed from the motor vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one; (3) Contacts a county police department or other emergency services or an organization contracted by a county for animal control before forcibly entering the motor vehicle or soon thereafter; (4) Remains with the animal in a safe location, out of the elements but reasonably close to the motor vehicle, until a county police officer, firefighter, animal control officer, or other emergency responder arrives; (5) Uses no more force to enter the motor vehicle and remove the animal from the motor vehicle than is necessary under the circumstances; and (6) Immediately turns the animal over to the county police officer, firefighter, animal control officer, or other emergency responder who responds to the scene. (c) This section shall not prevent a county police officer, firefighter, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the responder determines the unattended animal is in physical danger or poses a danger to others. (d) A county police officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take the animal to an animal shelter or other place of safekeeping or, if the responder deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the motor vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. (e) A county police officer, firefighter, animal control officer, or other emergency responder shall be authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including but not limited to breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible. (f) A county police officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a motor vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the responder's name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. (g) For purposes of this section, "animal control officer" means the persons appointed and compensated by the counties pursuant to section 143-7." SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on June 30, 3000. |
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| 47 | + | 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 legislature further finds that immediate action is necessary to protect the lives of animals trapped in hot motor vehicles. To encourage bystanders to take immediate action and render necessary aid, fourteen states have enacted good Samaritan laws to limit the liability of private citizens who rescue animals that have been left unattended in motor vehicles. The purpose of this Act is to establish good Samaritan protections for bystanders who rescue animals that have been left unattended in motor vehicles. 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- Unattended animals in motor vehicles; limitation of liability. (a) No cause of action shall arise nor shall any liability be imposed against a person for any property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing an animal in accordance with section 708‑ , except for any acts or omissions that constitute wilful misconduct. (b) The immunity from civil liability for property damage or trespass to a motor vehicle that is established by subsection (a) shall not affect a person's civil liability or immunity from civil liability for rendering aid to an animal." SECTION 3. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§708- Unattended animals in motor vehicles; limitation of liability. (a) Any person who observes an animal left unattended in a motor vehicle and determines that the unattended animal is in physical danger may use whatever means are reasonably necessary to protect the animal and remove the animal from the motor vehicle. (b) A person who removes the animal from the motor vehicle in accordance with subsection (a) shall not be criminally liable for actions taken reasonably and in good faith if the person: (1) Determines that the motor vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the motor vehicle; (2) Has a good faith belief that forcible entry into the motor vehicle is necessary because the animal is in imminent physical danger of suffering harm if the animal is not immediately removed from the motor vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one; (3) Contacts a county police department or other emergency services or an organization contracted by a county for animal control before forcibly entering the motor vehicle or soon thereafter; (4) Remains with the animal in a safe location, out of the elements but reasonably close to the motor vehicle, until a county police officer, firefighter, animal control officer, or other emergency responder arrives; (5) Uses no more force to enter the motor vehicle and remove the animal from the motor vehicle than is necessary under the circumstances; and (6) Immediately turns the animal over to the county police officer, firefighter, animal control officer, or other emergency responder who responds to the scene. (c) This section shall not prevent a county police officer, firefighter, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the responder determines the unattended animal is in physical danger or poses a danger to others. (d) A county police officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take the animal to an animal shelter or other place of safekeeping or, if the responder deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the motor vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. (e) A county police officer, firefighter, animal control officer, or other emergency responder shall be authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including but not limited to breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible. (f) A county police officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a motor vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the responder's name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. (g) For purposes of this section, "animal control officer" means the persons appointed and compensated by the counties pursuant to section 143-7." SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | 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. |
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| 50 | 50 | | |
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| 51 | 51 | | The legislature further finds that immediate action is necessary to protect the lives of animals trapped in hot motor vehicles. To encourage bystanders to take immediate action and render necessary aid, fourteen states have enacted good Samaritan laws to limit the liability of private citizens who rescue animals that have been left unattended in motor vehicles. |
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| 52 | 52 | | |
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| 53 | 53 | | The purpose of this Act is to establish good Samaritan protections for bystanders who rescue animals that have been left unattended in motor vehicles. |
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| 54 | 54 | | |
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| 55 | 55 | | 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: |
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| 56 | 56 | | |
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| 57 | 57 | | "§663- Unattended animals in motor vehicles; limitation of liability. (a) No cause of action shall arise nor shall any liability be imposed against a person for any property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing an animal in accordance with section 708‑ , except for any acts or omissions that constitute wilful misconduct. |
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| 58 | 58 | | |
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| 59 | 59 | | (b) The immunity from civil liability for property damage or trespass to a motor vehicle that is established by subsection (a) shall not affect a person's civil liability or immunity from civil liability for rendering aid to an animal." |
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| 60 | 60 | | |
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| 61 | 61 | | SECTION 3. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: |
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| 62 | 62 | | |
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| 63 | 63 | | "§708- Unattended animals in motor vehicles; limitation of liability. (a) Any person who observes an animal left unattended in a motor vehicle and determines that the unattended animal is in physical danger may use whatever means are reasonably necessary to protect the animal and remove the animal from the motor vehicle. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) A person who removes the animal from the motor vehicle in accordance with subsection (a) shall not be criminally liable for actions taken reasonably and in good faith if the person: |
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| 66 | 66 | | |
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| 67 | 67 | | (1) Determines that the motor vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the motor vehicle; |
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| 68 | 68 | | |
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| 69 | 69 | | (2) Has a good faith belief that forcible entry into the motor vehicle is necessary because the animal is in imminent physical danger of suffering harm if the animal is not immediately removed from the motor vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one; |
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| 70 | 70 | | |
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| 71 | 71 | | (3) Contacts a county police department or other emergency services or an organization contracted by a county for animal control before forcibly entering the motor vehicle or soon thereafter; |
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| 72 | 72 | | |
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| 73 | 73 | | (4) Remains with the animal in a safe location, out of the elements but reasonably close to the motor vehicle, until a county police officer, firefighter, animal control officer, or other emergency responder arrives; |
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| 74 | 74 | | |
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| 75 | 75 | | (5) Uses no more force to enter the motor vehicle and remove the animal from the motor vehicle than is necessary under the circumstances; and |
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| 76 | 76 | | |
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| 77 | 77 | | (6) Immediately turns the animal over to the county police officer, firefighter, animal control officer, or other emergency responder who responds to the scene. |
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| 78 | 78 | | |
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| 79 | 79 | | (c) This section shall not prevent a county police officer, firefighter, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the responder determines the unattended animal is in physical danger or poses a danger to others. |
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| 80 | 80 | | |
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| 81 | 81 | | (d) A county police officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take the animal to an animal shelter or other place of safekeeping or, if the responder deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the motor vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. |
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| 82 | 82 | | |
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| 83 | 83 | | (e) A county police officer, firefighter, animal control officer, or other emergency responder shall be authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including but not limited to breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible. |
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| 84 | 84 | | |
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| 85 | 85 | | (f) A county police officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a motor vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the responder's name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. |
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| 86 | 86 | | |
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| 87 | 87 | | (g) For purposes of this section, "animal control officer" means the persons appointed and compensated by the counties pursuant to section 143-7." |
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| 88 | 88 | | |
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| 89 | 89 | | SECTION 4. New statutory material is underscored. |
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| 90 | 90 | | |
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