THE SENATE	S.B. NO.	673
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to emotional support animals.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 347-2.5, Hawaii Revised Statutes, is amended to read as follows:

     "§347-2.5  Service dog, defined.  As used in this chapter, "service dog" means any dog that is individually trained to do work or perform tasks for the benefit of an individual [with] who is certified in writing by a doctor to have a disability, including a physical, sensory, intellectual, or other mental disability[.  A companion or comfort animal is not a service dog unless it meets the requirements of this definition and it accompanies a person for the purpose of performing the work or tasks for which it has been trained.], including anxiety or any other emotional disorder."

     SECTION 2.  Section 347-13, Hawaii Revised Statutes, is amended to read as follows:

     "§347-13  Persons who are blind, visually handicapped, disabled; public places; public conveyances.  (a)  Persons who are blind, visually handicapped, or otherwise disabled are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable to all persons.

     (b)  Every person who is blind, deaf, visually handicapped, or otherwise disabled shall have the right to be accompanied by a service animal, especially trained for the purpose of assisting the person, or an emotional support animal, in any of the places listed in subsection (a) without being required to pay an extra charge for the service animal[;] or emotional support; provided that the person shall be liable for any damage done to the premises or facilities by the service animal[.] or emotional support animal.  No service animal or emotional support animal shall be considered dangerous merely because it is unmuzzled.

     (c)  Every disabled person shall have the right to use a life jacket or other flotation device in a public swimming pool; provided that:

     (1)  The person suffers from a physical disability or condition that requires the use of a life jacket or other flotation device; and

     (2)  The person obtains a statement signed by a licensed physician, physician assistant, or advanced practice registered nurse attesting to the person's need to use a life jacket or other flotation device.

     (d)  The director of human services shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.

     (e)  For the purposes of this section, "emotional support animal" means any animal that a licensed medical professional has determined provides therapeutic benefit for an individual with a disability, including anxiety or any other emotional disorder, and for which the licensed medical professional has provided written certification stating the professional's determination."

     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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Service Dogs; Emotional Support Animals; Medical Determination; Right to Accompany

 

Description:

Allows persons with disabilities to be accompanied by an emotional support animal in public places when the emotional support animal has been determined to provide a therapeutic benefit by a licensed medical professional.  Amends the definition of service dog.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.