House Bill 1046 signed into law

Trish Lynn and Thom Donitz with friends.

The JOLT News Staff

On the last day of April, there were approximately 30 Washington legislative bills signed into law in Olympia.

One of the bills was House Bill 1046, which now provides civil immunity for individuals who enter a motor vehicle to rescue a vulnerable person or domestic animal. Due to the nature of this column, we will concentrate on the domestic animal portion. 

Already in place is RCW 16.52.340: Leave or confine any animal in unattended vehicle or enclosed space — Class 2 civil infraction — Officers’ authority to reasonable remove animal. 

1. It is a class 2 civil infraction under RCW 7.80.120 to leave or confine any animal unattended in a motor vehicle in a motor vehicle or enclosed space if the animal could be harmed or killed by exposure to excessive heat, cold, lack of ventilation, or lack of necessary water. 
2. To protect the health and safety of an animal, and animal control officer or law enforcement officer who reasonable believes that an animal is suffering … is authorized to enter a vehicle or enclosed space to remove an animal by any means reasonable under the circumstances if no other person is present in the immediate area who has access to the vehicle or enclosed space and who will immediately remove the animal. An animal control office, law enforcement office, or the department or agency employing such an officer is not liable for any damage to property resulting from actions taken under this section. 
3. Nothing in this section prevents the person who has confined the animal in the vehicle or enclosed space from being convicted of separate offense for animal cruelty under RCW 16.52.205 or 16.52.207. 

Where HB 1046 comes into play is that it now provides the same civil immunity for civilian individuals who enter a vehicle to rescue a domestic animal, which is defined in the bill as “pets like dogs or cats, excluding livestock."

Immunity from liability

The bill will grant immunity from civil liability for damage to a motor vehicle but only if the rescue was carried out under the specific conditions. 

Conditions for immunity

To qualify and be granted immunity, the person rescuing the animal must: 

1. Determine if the vehicle is locked or if there is no other way for the animal to exit without help. 
2. They must have a reasonable or good faith belief, based on known circumstances, that entry into the car is necessary due to imminent danger. 
3. You must notify law enforcement and/or call 911 before entering the vehicle. 
4. Use only the necessary force. 
5. You must remain with the animal until help arrives. 

So why do people leave their pets in their cars on warm/hot (or even cold days)?  

According to the American Veterinary Medical Association, temperature fluctuations can make it dangerous to leave your pet unattended in your car. Rapidly rising temperatures can quickly cause dehydration, making it harder for the body to regulate its temperature. 

All dogs and cats are susceptible to heat stroke, with some breeds more than others. Your vehicle can reach a temperature that puts your pet at risk of serious illness or death, even on a day that doesn’t seem hot or if the car is left in the shade. And “cracking your windows” makes absolutely no difference, only slowing down the process by a few minutes. 

Your cars windows act like a greenhouse, trapping heat inside, and the numbers back it up. Vehicle Safety Research indicates the temperature in your car can rise above 20 degrees in just 10 minutes and almost 30 degrees in 20 minutes, which on a 70-degree day puts the temperature inside your car at more than 110 degrees after one hour.

On freezing cold winter days, the same rules apply as your animal family member could suffer shock or hypothermia in a matter of minutes due to the cold. 

Recently there was a scenario at a local store where a very agitated person wanted us “to break the windows of a car” with a dog in the back. The back windows were rolled down about 2 or 3 inches. The dog was definitely warm but was more thirsty if anything.

We could tell by the appearance of the dog that the owner cares about it and had just made a mistake. Neither the car nor the dog belonged to the agitated person. The person claimed it was now legal to rescue the dog by breaking the windows. When the owner showed up, instead of the adult discussion we had hoped for, the agitated person went into a name calling tirade, which accomplished nothing and sent everyone home angry. 

The main take away is that HB 1046 does not go into effect until July 27, so the agitated person would have in fact been committing a crime. 

Paws for thoughts

“Personally, I have always felt that the best doctor in the world is the Veterinarian. He can’t ask his patients what is the matter … He’s just got to know” – Will Rogers 

Thom Donitz and Trish Lynn are neighbors and close friends who share their love of animals and wildlife. Trish and Thom are residents of Tumwater. Contact them at  pets@theJOLTnews.com.