Bill Text: HI SB644 | 2016 | Regular Session | Introduced
Bill Title: Penal Code; False Presentation of an Animal as a Necessary Reasonable Accommodation; Housing
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-21 - Re-Referred to HOU/CPH, JDL. [SB644 Detail]
Download: Hawaii-2016-SB644-Introduced.html
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THE SENATE |
S.B. NO. |
644 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that laws protecting persons with disabilities, including laws concerning reasonable accommodations in housing, foster public health.
The legislature has received reports indicating that individuals without any disabilities have been requesting reasonable accommodations for the purpose of overcoming housing restrictions on pets. Moreover, it has come to the legislature's attention that certain professionals have facilitated such requests by issuing documents that allegedly support the need for reasonable accommodations that include pets. Documentation and credentials that support false requests for reasonable housing accommodations are also available on the Internet.
The purpose of this Act is to further protect the rights of persons with disabilities to reasonable accommodations in housing by establishing a criminal misdemeanor for persons who knowingly make false claims of entitlement to reasonable accommodations involving an animal. This Act is not intended to require or permit any action that would constitute a discriminatory housing practice. The legislature notes that title 42 United States Code section 3615 explicitly authorizes state laws that guarantee or protect the rights of persons with disabilities.
SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§711- False presentation of an animal as a necessary reasonable accommodation. (1) A person commits the offense of false presentation of an animal as a necessary reasonable accommodation if the person:
(a) Knowingly makes a request pursuant to chapter 515 for reasonable accommodations that include the use of an animal; and
(b) The requested accommodation would not be necessary to afford a person with a disability equal opportunity to use or enjoy a housing accommodation.
(2) For the purposes of this section, "knowingly makes a request" means the person has actual knowledge or should reasonably know that any affirmative representation made by the person, to another person who is obligated to make reasonable accommodations in rules, policies, practices, or services pursuant to section 515-3, lacks a substantial basis in fact.
(3) Violation of this section shall be a misdemeanor."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Penal Code; False Presentation of an Animal as a Necessary Reasonable Accommodation; Housing
Description:
Establishes the offense of false presentation of an animal as a necessary reasonable accommodation. Makes it a misdemeanor for a person to knowingly make a request pursuant to chapter 515, HRS, for reasonable accommodations that include the use of an animal if the requested accommodation is not necessary to afford a person with a disability equal opportunity to use or enjoy a housing accommodation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
