Bill Text: HI SB2438 | 2022 | Regular Session | Amended
Bill Title: Relating To Service Animals.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-02-08 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [SB2438 Detail]
Download: Hawaii-2022-SB2438-Amended.html
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THE SENATE |
S.B. NO. |
2438 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SERVICE ANIMALS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that, despite existing law that makes it a civil violation to knowingly misrepresent as a service animal any animal that does not meet the statutory requirements of a service animal, information about what animals qualify as service animals is not well-known. A service animal is defined in existing law to mean any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Service animals enjoy specific privileges that other animals do not, specifically that the service animal and their human partner are required to be accommodated in public places. By contrast, the law does not extend these privileges to emotional support animals. This can lead to confusion when a person acquires an animal that, although benefiting the person, does not meet the criteria for a service animal.
The legislature further finds that making persons who obtain emotional support animals aware that the animals do not qualify as service animals can be accomplished by requiring any person or business that sells or provides the animals for use as emotional support animals to deliver a written disclaimer stating that the animals do not have the training required to qualify as service animals, are not entitled to the rights and privileges accorded by law to service animals, and that knowingly misrepresenting the animals as service animals is unlawful. It is crucial that this disclaimer also be provided when persons purchase certificates, identifications, tags, vests, leashes, and harnesses for emotional support animals.
The purpose of this Act is to require that sellers or providers of emotional support animals, and sellers or providers of certificates, identifications, tags, vests, leashes, and harnesses for emotional support animals, also provide a disclaimer that an emotional support animal is not a service animal under state law.
SECTION 2. Chapter 347, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§347- Emotional support animals; disclaimer that
animal is not a service animal; civil penalty. (a)
A person or business that sells or provides an animal for use as an
emotional support animal shall provide written notice to the buyer or recipient
of the animal that states the following:
(1) The animal does
not have the special training required to qualify as a service animal;
(2) The animal is
not entitled to the rights and privileges accorded by law to a service animal;
and
(3) Knowingly
misrepresenting as a service animal any animal that does not meet the requirements
of a service animal, as defined in section 347‑2.5, is a violation
of section 347-2.6.
(b) A person or business that sells or provides a
certificate, identification, tag, vest, leash, or harness for an emotional
support animal shall provide written notice to the buyer or recipient that
states the following:
(1) The item does
not entitle an emotional support animal to the rights and privileges accorded
by law to a service animal; and
(2) Knowingly misrepresenting as a service animal any animal that does not meet the requirements of a service animal, as defined in section 347‑2.5, is a violation of section 347-2.6.
(c) The written notices described in subsections (a) and (b) shall
be made in at least twelve-point bold type and shall be provided on the receipt
for the emotional support animal or the product described in subsection (b), or
on a separate piece of paper that is attached to the receipt.
(d) Upon a finding of a preponderance of the evidence,
a person who violates subsection (a) or (b) shall be fined not less than $100
and not more than $250 for the first violation, and not less than $500 for a
second violation and each violation thereafter.
(e) Nothing in this section shall preclude any other civil remedies available to a person, entity, or other organization arising from misrepresentation by another person of a service animal."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Deaf and Blind Task Force; Emotional Support Animal; Disclaimer; Service Animal; Penalties
Description:
Requires that a disclaimer be provided by sellers or providers of emotional support animals or certificates, identifications, tags, vests, leashes, and harnesses for emotional support animals that the animal is not a service animal. Establishes penalties. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
