REPORT TITLE:
Assistance Dogs


DESCRIPTION:
Prohibits discrimination in public accommodation, housing, and
employment for persons with a disability who use guide or signal
dogs, or service animals; exempts these animals from licensing
fees; requires vehicle operators to give way to disabled in
crosswalks.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           993
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE DISABLED.
 


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

 1                              PART I.
 
 2      SECTION 1.  The legislature finds that it is the policy of
 
 3 the State to encourage and enable the blind, the visually
 
 4 impaired, the deaf, the partially deaf, and the otherwise
 
 5 partially disabled to participate fully in the social and
 
 6 economic life of Hawaii, and in remunerative employment.
 
 7      The legislature further finds that the goals of the State
 
 8 regarding individuals with disabilities are to assure equality
 
 9 for opportunity, full participation, independent living, and
 
10 economic self-sufficiency for these individuals.  The use of
 
11 assistance dogs by these individuals helps facilitate the
 
12 accomplishment of these goals and should be encouraged by the
 
13 State.
 
14      The purpose of this Act is to incorporate the overall
 
15 purpose and the components of the model assistance dog law in
 
16 those sections of Hawaii Revised Statutes that prohibit
 
17 discrimination of the disabled or partially disabled regarding
 
18 the use of guide or signal dogs, or other service animals.
 
19                             PART II.
 

 
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 1      SECTION 2.  The title of this Act shall be the Assistance
 
 2 Dog Act of 1998.
 
 3                             PART III.
 
 4      SECTION 3.  Chapter 46, Hawaii Revised Statutes, is amended
 
 5 by adding a new section to be appropriately designated and to
 
 6 read as follows:
 
 7      "§46-     Licensing; exemptions for guide dogs, signal dogs,
 
 8 or service animals.  (a)  An owner of a guide dog, signal dog, or
 
 9 service animal, shall be exempt from all licensing fees or
 
10 charges that might otherwise apply.
 
11      (b)  For the purpose of this section:
 
12      "Guide dog" means any dog individually trained by a licensed
 
13 guide dog trainer for guiding a blind person by means of a
 
14 harness attached to the dog and a rigid handle grasped by the
 
15 person.
 
16      "Service animal" means any animal that is trained to provide
 
17 those life activities limited by the disability of the person.
 
18      "Signal dog" means any dog that is trained to alert a deaf
 
19 person to intruders or sounds."
 
20      SECTION 4.  Chapter 291, Hawaii Revised Statutes, is amended
 
21 by adding a new section to be appropriately designated and to
 
22 read as follows:
 
23      "§291-     Vehicles approaching a person using a guide dog,
 

 


 

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 1 signal dog, or service animal.  (a)  The operator of any vehicle,
 
 2 when approaching a person with a disability who is using a guide
 
 3 dog, signal dog, or service animal, shall take all necessary
 
 4 precautions to avoid injury of the person.  It shall be unlawful
 
 5 for the operator of any vehicle to drive into or on a crosswalk
 
 6 if a person with a disability is attempting to cross a public
 
 7 street, road, or highway, even if the person with a disability
 
 8 has not signaled that the person intends to continue.
 
 9      (b)  The operator of any vehicle who fails to take
 
10 precautions shall be liable for damages for any injury caused to
 
11 the person with a disability, or to the guide dog, signal dog, or
 
12 other service animal.
 
13      (c)  For the purpose of this section:
 
14      "Guide dog" means any dog individually trained by a licensed
 
15 guide dog trainer for guiding a blind person by means of a
 
16 harness attached to the dog and a rigid handle grasped by the
 
17 person.
 
18      "Service animal" means any animal that is trained to provide
 
19 those life activities limited by the disability of the person.
 
20      "Signal dog" means any dog that is trained to alert a deaf
 
21 person to intruders or sounds."
 
22      SECTION 5.  Chapter 663, Hawaii Revised Statutes, is amended
 
23 by adding a new section to be appropriately designated and to
 

 
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 1 read as follows:
 
 2      "§663-     Damage caused by a guide dog, signal dog, or
 
 3 service dog; liability.  (a)  The owner of a guide dog, signal
 
 4 dog, or service animal is solely liable for any damage to
 
 5 persons, premises, or facilities, including a place of employment
 
 6 as defined in section 378-2, a place of public accommodation as
 
 7 defined in section 489-2, or housing accommodation as defined in
 
 8 section 515-2.
 
 9      (b)  Any person with a disability who uses a guide dog,
 
10 signal dog, or service animal, shall keep the dog or other animal
 
11 properly harnessed or leashed, and a person who is injured by the
 
12 dog or other animal because the dog was not properly harnessed or
 
13 leashed is entitled to maintain a cause of action for damages in
 
14 a court of competent jurisdiction under the same laws applicable
 
15 to other causes brought for the redress of injuries caused by
 
16 animals, pursuant to sections 142-74, 142-75, 663-1, and 663-9.
 
17      (c)  For the purpose of this section:
 
18      "Guide dog" means any dog individually trained by a licensed
 
19 guide dog trainer for guiding a blind person by means of a
 
20 harness attached to the dog and a rigid handle grasped by the
 
21 person.
 
22      "Service animal" means any animal that is trained to provide
 
23 those life activities limited by the disability of the person.
 

 
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 1      "Signal dog" means any dog that is trained to alert a deaf
 
 2 person to intruders or sounds."
 
 3      SECTION 6.  Section 143-2.5, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "[[]§143-2.5[]]  Regulation of other animals.  Nothing in
 
 6 this chapter shall be construed as a limitation on the authority
 
 7 of the counties to regulate, including by licensure, animals
 
 8 other than dogs[.]; with the exception of a service animal.
 
 9      For the purpose of this section, "service animal" means any
 
10 animal that is trained to provide those life activities limited
 
11 by the disability of the person."
 
12      SECTION 7.  Section 378-1, Hawaii Revised Statutes, is
 
13 amended by adding three new definitions to be appropriately
 
14 inserted and to read as follows:
 
15      ""Guide dog" means any dog individually trained by a
 
16 licensed guide dog trainer for guiding a blind person by means of
 
17 a harness attached to the dog and a rigid handle grasped by the
 
18 person.
 
19      "Service animal" means any animal that is trained to provide
 
20 those life activities limited by the disability of the person.
 
21      "Signal dog" means any dog that is trained to alert a deaf
 
22 person to intruders or sounds."
 
23      SECTION 8.  Section 378-2, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "§378-2 Discriminatory practices made unlawful; offenses
 
 3 defined.  It shall be an unlawful discriminatory practice:
 
 4      (1)  Because of race, sex, sexual orientation, age,
 
 5           religion, color, ancestry, disability, including the
 
 6           use of a guide dog, signal dog, or service animal by a
 
 7           person with a disability, marital status, or arrest and
 
 8           court record:
 
 9           (A)  For any employer to refuse to hire or employ or to
 
10                bar or discharge from employment, or otherwise to
 
11                discriminate against any individual in
 
12                compensation or in the terms, conditions, or
 
13                privileges of employment;
 
14           (B)  For any employment agency to fail or refuse to
 
15                refer for employment, or to classify or otherwise
 
16                to discriminate against, any individual;
 
17           (C)  For any employer or employment agency to print,
 
18                circulate, or cause to be printed or circulated
 
19                any statement, advertisement, or publication or to
 
20                use any form of application for employment or to
 
21                make any inquiry in connection with prospective
 
22                employment, which expresses, directly or
 
23                indirectly, any limitation, specification, or
 

 
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 1                discrimination;
 
 2           (D)  For any labor organization to exclude or expel
 
 3                from its membership any individual or to
 
 4                discriminate in any way against any of its
 
 5                members, employer, or employees; [or]
 
 6           (E)  For any employer or labor organization to refuse
 
 7                to enter into an apprenticeship agreement as
 
 8                defined in section 372-2; provided that no
 
 9                apprentice shall be less than sixteen years of
 
10                age; or
 
11           (F)  For any employer, employment agency, or labor
 
12                organization to require payment of an extra charge
 
13                or fee for a guide dog, signal dog, or service
 
14                animal used by a person with a disability.
 
15      (2)  For any employer, labor organization, or employment
 
16           agency to discharge, expel, or otherwise discriminate
 
17           against any individual because the individual has
 
18           opposed any practice forbidden by this part or has
 
19           filed a complaint, testified, or assisted in any
 
20           proceeding respecting the discriminatory practices
 
21           prohibited under this part;
 
22      (3)  For any person whether an employer, employee, or not,
 
23           to aid, abet, incite, compel, or coerce the doing of
 

 
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                                     S.B. NO.           993
                                                        
                                                        

 
 1           any of the discriminatory practices forbidden by this
 
 2           part, or to attempt to do so;
 
 3      (4)  For any employer to violate the provisions of section
 
 4           121-43 relating to nonforfeiture for absence by members
 
 5           of the national guard;
 
 6      (5)  For any employer to refuse to hire or employ or to bar
 
 7           or discharge from employment, any individual because of
 
 8           assignment of income for the purpose of satisfying the
 
 9           individual's child support obligations as provided for
 
10           under section 571-52; or
 
11      (6)  For any employer, labor organization, or employment
 
12           agency to exclude or otherwise deny equal jobs or
 
13           benefits to a qualified individual because of the known
 
14           disability of an individual with whom the qualified
 
15           individual is known to have a relationship or
 
16           association."
 
17      SECTION 9.  Section 489-2, Hawaii Revised Statutes, is
 
18 amended by adding three new definitions to be appropriately
 
19 inserted and to read as follows:
 
20      ""Guide dog" means any dog individually trained by a
 
21 licensed guide dog trainer for guiding a blind person by means of
 
22 a harness attached to the dog and a rigid handle grasped by the
 
23 person.
 

 
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                                     S.B. NO.           993
                                                        
                                                        

 
 1      "Service animal" means any animal that is trained to provide
 
 2 those life activities limited by the disability of the person.
 
 3      "Signal dog" means any dog that is trained to alert a deaf
 
 4 person to intruders or sounds."
 
 5      SECTION 10.  Section 489-3, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§489-3 Discriminatory practices prohibition.  Unfair
 
 8 discriminatory practices which deny, or attempt to deny, a person
 
 9 the full and equal enjoyment of the goods, services, facilities,
 
10 privileges, advantages, and accommodations of a place of public
 
11 accommodation on the basis of race, sex, color, religion,
 
12 ancestry, or disability, including the use of a guide dog, signal
 
13 dog, or service animal by a person with a disability, or
 
14 requiring payment of an extra charge or fee for the dog or
 
15 animal, are prohibited."
 
16      SECTION 11.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 12.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________