STAND. COM. REP. NO. 2370

Honolulu, Hawaii

RE: S.B. No. 3010

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 3010 entitled:

"A BILL FOR AN ACT RELATING TO ANIMAL ENDANGERMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Allow law enforcement officers, animal control officers, and firefighters to enter an unattended vehicle to protect the health, safety, or well-being of a pet animal that is endangered by being left or confined in an unattended vehicle; and

(2) Allow private citizens to rescue a pet animal that has been left in an unattended vehicle under certain circumstances.

Your Committee received testimony in support of this measure from the Animal Legal Defense Fund and three individuals.

Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice.

Your Committee received comments on this measure from American Kennel Club.

Your Committee finds that although public awareness of the dangers of leaving children and animals in hot cars has steadily risen, many individuals still remain unaware of the risks. Dogs and other animals are especially vulnerable to heatstroke because of their inability to effectively cool themselves. Because of the State's warm climate, the risks to pets is even greater than in other parts of the country. However, individuals who are aware of these risks and observe pets left in hot vehicles may be unwilling to intervene out of fear of legal liability. By protecting individuals, including law enforcement officers, animal control officers, and firefights, as well as private individuals, from some forms of legal liability, this measure helps prevent death and injury to pets.

Your Committee notes that existing law requires that all first responders perform their jobs with reasonable care under the circumstances. However, this measure, as written, provides blanket immunity for animal control officers, law enforcement officers, and firefighters, as well as the agency or county that employs them, when entering a vehicle to rescue a pet animal. Your Committee believes that there is no justification for condoning negligence and the existing standard of care relating to first responders, including performance of their jobs with reasonable care under the circumstances, should be upheld. Therefore, amendments to this measure are necessary to address these concerns.

Accordingly, your Committee has amended this measure by:

(1) Excluding damage, loss, or injury caused by an individual's negligent, intentional, wilful, or wanton conduct while rescuing a pet animal from immunity from suit or liability; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3010, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3010, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,

________________________________

CAROL FUKUNAGA, Chair