Allows certified trainers of guide, service, or signal dogs for persons with disabilities to enter into places of public accommodation with a dog trainee. (HB509 HD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that approximately one in five people in the State have some type of disability. This is approximately 250,000 people. A guide, service, or signal dog (service dog) provides assistance to persons who are blind, deaf, hard of hearing, or who use a wheelchair, by doing things the person cannot do due to his or her disability. In doing so, the service dog allows the person with a disability to function as independently as possible in the community. To perform these functions, service dogs must be trained by a certified trainer, and then matched with a particular individual with a disability. Current federal law, the Americans with Disabilities Act (ADA), protects the rights of the individual with a disability when going into a place of public accommodation with a service dog or state or county agency, but does not cover the certified trainer of such a service dog.

The purpose of this Act is to provide opportunities for certified trainers to train the service dog to behave appropriately in public places while providing services to the individual with a disability. Trainers work with only the dog first, and are not afforded the same rights as an individual with a disability has under ADA.

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

"§347-13 Blind, partially blind, physically handicapped; public places; public conveyances. (a) The blind, visually [handicapped,] disabled, and otherwise physically 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 alike to all persons.

(b) Every blind, deaf, or visually or physically [handicapped] disabled person shall have the right to be accompanied by a guide, signal, or service dog[,] (collectively referred to as "service dog"), especially trained for the purpose, in any of the places listed in subsection (a) without being required to pay an extra charge for the [guide, signal, or] service dog; provided that the blind, deaf, or visually or physically [handicapped] disabled person shall be liable for any damage done to the premises or facilities by such dog. No such service dog shall be considered dangerous merely because it is unmuzzled.

(c) Trainers of service dogs who are certified by a bona fide guide, signal, or service dog training program shall have the right to be accompanied by the service dog "trainee," for the purpose of training the service dog to assist individuals who are blind, deaf, and physically disabled, in any of the places and facilities listed in subsection (a). The certified trainer of a service dog trainee shall be allowed to enter without being required to pay an extra charge for the service dog trainee; provided that the certified trainer shall be liable for any damage done to the premises or facilities by such dog. No such dog shall be considered dangerous merely because it is unmuzzled.

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

(e) For the purposes of this section:

"Service animal trainer" means any person who trains a guide, signal, or service dog. While engaged in training the dog, the service animal trainer shall have the same rights and privileges with respect to access to public facilities and the same liability for damage as described in this section. The service animal trainer shall register with the department of commerce and consumer affairs and may be subject to a registration fee.

"Service animal in training" means a dog that is handled and controlled by a service animal trainer that is being trained to be a guide, signal, or service dog. Signal dogs in training shall wear a leash and cape or vest labeled "signal dog in training.

(f) Any individual who misrepresents oneself to be a service animal trainer shall be subject to a misdemeanor violation.

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

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.