HOUSE BILL No. 5388

February 18, 2016, Introduced by Rep. Kosowski and referred to the Committee on Judiciary.

 

     A bill to prohibit leaving animals unattended in vehicles

 

under certain circumstances; to prescribe civil sanctions; to

 

authorize individuals to take certain actions to prevent harm to

 

animals; and to provide protection from civil liability for those

 

actions.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"humane care for animals act".

 

     Sec. 2. As used in this act:

 

     (a) "Extreme heat" means an extremely high temperature, inside

 

or outside of a motor vehicle, that could endanger an animal's

 

health or well-being.

 

     (b) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity.

 


     (c) "Unattended vehicle" means a vehicle that is out of the

 

sight of the owner or operator.

 

     (d) "Vehicle" means that term as defined in section 79 of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.79.

 

     Sec. 3. (1) An individual who is the owner or operator of a

 

vehicle shall not confine a dog or cat in an unattended vehicle in

 

extreme heat, endangering the health and well-being of the dog or

 

cat.

 

     (2) An individual who violates this section is responsible for

 

a state civil infraction and may be ordered to pay a civil fine of

 

not more than $100.00.

 

     Sec. 4. An individual who witnesses an act prohibited under

 

section 3 may contact a police officer, volunteer or professional

 

firefighter, animal control officer, security guard, or other first

 

responder. An individual contacted under this section may take any

 

action to safeguard the dog or cat, including, but not limited to,

 

breaking into the vehicle to remove the dog or cat from the vehicle

 

after a reasonable effort to search for the owner or operator of

 

the vehicle.

 

     Sec. 5. An individual who removes a dog or cat from a vehicle

 

under section 4 shall do both of the following:

 

     (a) Leave a note in the vehicle or in a conspicuous location

 

stating the individual's name and contact information and the

 

address where the dog or cat can be located.

 

     (b) Take the dog or cat to a veterinary hospital or animal

 

clinic for treatment and health screening.

 

     Sec. 6. A police officer, volunteer or professional

 


firefighter, animal control officer, security guard, or other first

 

responder and the person that employs the individual or for which

 

the individual is a volunteer are not liable for any damage to

 

property that results from action taken under this act.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.