STAND. COM. REP. NO. 582

Honolulu, Hawaii

RE:    S.B. No. 892

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 892, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SERVICE ANIMALS,"

begs leave to report as follows:

     The purpose and intent of this measure is to update and conform state law regarding service animals to the federal Americans with Disabilities Act, Public Law 101-336 (ADA) and the Fair Housing Act, Public Law 100-430 (FHA), by:

     (1)  Clarifying section 143-4, Hawaii Revised Statutes (HRS), regarding dog licensing, to appropriately conform provisions applicable to service dogs to the ADA;

     (2)  Conforming section 347-13, HRS, relating to public conveyances, to Titles II and III of the ADA; and

     (3)  Conforming section 515-3, HRS, regarding discriminatory practices in real estate transactions, to the FHA.

     Your Committee received testimony in support of this measure from one individual.  Your Committee received comments on this measure from the Disability and Communication Access Board, the Hawai‘i Civil Rights Commission, and the Hawai‘i Legislative Action Committee of the Community Associations Institute.

     Your Committee finds that certain state laws regarding service animals are either obsolete or inconsistent with federal law.  The ADA and the FHA provide a floor of protection to persons with disabilities and therefore may preempt any conflicting state law unless the state law provides greater or equal protection for persons with disabilities than is provided by the ADA or FHA, as applicable.  Your Committee believes that updating and conforming state law to the ADA and FHA will assist persons with disabilities and government and private entities serving the public by assuring that the applicable state laws meet the floor set by the requirements under federal law.

     Your Committee has amended this measure by:

     (1)  Further amending section 515-3, HRS, regarding discriminatory practices in real estate transactions, to accurately reflect the language in the FHA, as recommended by the Hawai‘i Civil Rights Commission;

     (2)  Revising the purpose section to accurately reflect the amended purpose of this measure, as recommended by the Hawai‘i Legislative Action Committee of the Community Associations Institute; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 892, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 892, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair